96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0072

 

Introduced 1/30/2009, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1   from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2   from Ch. 38, par. 24-2

    Amends the Criminal Code of 1961. Provides that it is not a violation of the statutes concerning unlawful use of weapons and aggravated unlawful use of a weapon to carry or possess any pistol, revolver, stun gun, taser, or other firearm in one's dwelling. Effective immediately.


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A BILL FOR

 

SB0072 LRB096 02976 RLC 12990 b

1     AN ACT concerning 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 changing
5 Sections 24-1, 24-1.6, and 24-2 as follows:
 
6     (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7     Sec. 24-1. Unlawful Use of Weapons.
8     (a) A person commits the offense of unlawful use of weapons
9 when he knowingly:
10         (1) Sells, manufactures, purchases, possesses or
11     carries any bludgeon, black-jack, slung-shot, sand-club,
12     sand-bag, metal knuckles or other knuckle weapon
13     regardless of its composition, throwing star, or any knife,
14     commonly referred to as a switchblade knife, which has a
15     blade that opens automatically by hand pressure applied to
16     a button, spring or other device in the handle of the
17     knife, or a ballistic knife, which is a device that propels
18     a knifelike blade as a projectile by means of a coil
19     spring, elastic material or compressed gas; or
20         (2) Carries or possesses with intent to use the same
21     unlawfully against another, a dagger, dirk, billy,
22     dangerous knife, razor, stiletto, broken bottle or other
23     piece of glass, stun gun or taser or any other dangerous or

 

 

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1     deadly weapon or instrument of like character; or
2         (3) Carries on or about his person or in any vehicle, a
3     tear gas gun projector or bomb or any object containing
4     noxious liquid gas or substance, other than an object
5     containing a non-lethal noxious liquid gas or substance
6     designed solely for personal defense carried by a person 18
7     years of age or older; or
8         (4) Carries or possesses in any vehicle or concealed on
9     or about his person except when on his land or in his own
10     abode or dwelling or fixed place of business any pistol,
11     revolver, stun gun or taser or other firearm, except that
12     this subsection (a) (4) does not apply to or affect
13     transportation of weapons that meet one of the following
14     conditions:
15             (i) are broken down in a non-functioning state; or
16             (ii) are not immediately accessible; or
17             (iii) are unloaded and enclosed in a case, firearm
18         carrying box, shipping box, or other container by a
19         person who has been issued a currently valid Firearm
20         Owner's Identification Card; or
21         (5) Sets a spring gun; or
22         (6) Possesses any device or attachment of any kind
23     designed, used or intended for use in silencing the report
24     of any firearm; or
25         (7) Sells, manufactures, purchases, possesses or
26     carries:

 

 

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1             (i) a machine gun, which shall be defined for the
2         purposes of this subsection as any weapon, which
3         shoots, is designed to shoot, or can be readily
4         restored to shoot, automatically more than one shot
5         without manually reloading by a single function of the
6         trigger, including the frame or receiver of any such
7         weapon, or sells, manufactures, purchases, possesses,
8         or carries any combination of parts designed or
9         intended for use in converting any weapon into a
10         machine gun, or any combination or parts from which a
11         machine gun can be assembled if such parts are in the
12         possession or under the control of a person;
13             (ii) any rifle having one or more barrels less than
14         16 inches in length or a shotgun having one or more
15         barrels less than 18 inches in length or any weapon
16         made from a rifle or shotgun, whether by alteration,
17         modification, or otherwise, if such a weapon as
18         modified has an overall length of less than 26 inches;
19         or
20             (iii) any bomb, bomb-shell, grenade, bottle or
21         other container containing an explosive substance of
22         over one-quarter ounce for like purposes, such as, but
23         not limited to, black powder bombs and Molotov
24         cocktails or artillery projectiles; or
25         (8) Carries or possesses any firearm, stun gun or taser
26     or other deadly weapon in any place which is licensed to

 

 

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1     sell intoxicating beverages, or at any public gathering
2     held pursuant to a license issued by any governmental body
3     or any public gathering at which an admission is charged,
4     excluding a place where a showing, demonstration or lecture
5     involving the exhibition of unloaded firearms is
6     conducted.
7         This subsection (a)(8) does not apply to any auction or
8     raffle of a firearm held pursuant to a license or permit
9     issued by a governmental body, nor does it apply to persons
10     engaged in firearm safety training courses; or
11         (9) Carries or possesses in a vehicle or on or about
12     his person any pistol, revolver, stun gun or taser or
13     firearm or ballistic knife, when he is hooded, robed or
14     masked in such manner as to conceal his identity; or
15         (10) Carries or possesses on or about his person, upon
16     any public street, alley, or other public lands within the
17     corporate limits of a city, village or incorporated town,
18     except when an invitee thereon or therein, for the purpose
19     of the display of such weapon or the lawful commerce in
20     weapons, or except when on his land or in his own abode or
21     dwelling or fixed place of business, any pistol, revolver,
22     stun gun or taser or other firearm, except that this
23     subsection (a) (10) does not apply to or affect
24     transportation of weapons that meet one of the following
25     conditions:
26             (i) are broken down in a non-functioning state; or

 

 

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1             (ii) are not immediately accessible; or
2             (iii) are unloaded and enclosed in a case, firearm
3         carrying box, shipping box, or other container by a
4         person who has been issued a currently valid Firearm
5         Owner's Identification Card.
6         A "stun gun or taser", as used in this paragraph (a)
7     means (i) any device which is powered by electrical
8     charging units, such as, batteries, and which fires one or
9     several barbs attached to a length of wire and which, upon
10     hitting a human, can send out a current capable of
11     disrupting the person's nervous system in such a manner as
12     to render him incapable of normal functioning or (ii) any
13     device which is powered by electrical charging units, such
14     as batteries, and which, upon contact with a human or
15     clothing worn by a human, can send out current capable of
16     disrupting the person's nervous system in such a manner as
17     to render him incapable of normal functioning; or
18         (11) Sells, manufactures or purchases any explosive
19     bullet. For purposes of this paragraph (a) "explosive
20     bullet" means the projectile portion of an ammunition
21     cartridge which contains or carries an explosive charge
22     which will explode upon contact with the flesh of a human
23     or an animal. "Cartridge" means a tubular metal case having
24     a projectile affixed at the front thereof and a cap or
25     primer at the rear end thereof, with the propellant
26     contained in such tube between the projectile and the cap;

 

 

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1     or
2         (12) (Blank); or
3         (13) Carries or possesses on or about his or her person
4     while in a building occupied by a unit of government, a
5     billy club, other weapon of like character, or other
6     instrument of like character intended for use as a weapon.
7     For the purposes of this Section, "billy club" means a
8     short stick or club commonly carried by police officers
9     which is either telescopic or constructed of a solid piece
10     of wood or other man-made material.
11     (b) Sentence. A person convicted of a violation of
12 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
13 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
14 Class A misdemeanor. A person convicted of a violation of
15 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
16 person convicted of a violation of subsection 24-1(a)(6) or
17 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
18 convicted of a violation of subsection 24-1(a)(7)(i) commits a
19 Class 2 felony and shall be sentenced to a term of imprisonment
20 of not less than 3 years and not more than 7 years, unless the
21 weapon is possessed in the passenger compartment of a motor
22 vehicle as defined in Section 1-146 of the Illinois Vehicle
23 Code, or on the person, while the weapon is loaded, in which
24 case it shall be a Class X felony. A person convicted of a
25 second or subsequent violation of subsection 24-1(a)(4),
26 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

 

 

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1 felony. The possession of each weapon in violation of this
2 Section constitutes a single and separate violation.
3     (c) Violations in specific places.
4         (1) A person who violates subsection 24-1(a)(6) or
5     24-1(a)(7) in any school, regardless of the time of day or
6     the time of year, in residential property owned, operated
7     or managed by a public housing agency or leased by a public
8     housing agency as part of a scattered site or mixed-income
9     development, in a public park, in a courthouse, on the real
10     property comprising any school, regardless of the time of
11     day or the time of year, on residential property owned,
12     operated or managed by a public housing agency or leased by
13     a public housing agency as part of a scattered site or
14     mixed-income development, on the real property comprising
15     any public park, on the real property comprising any
16     courthouse, in any conveyance owned, leased or contracted
17     by a school to transport students to or from school or a
18     school related activity, or on any public way within 1,000
19     feet of the real property comprising any school, public
20     park, courthouse, or residential property owned, operated,
21     or managed by a public housing agency or leased by a public
22     housing agency as part of a scattered site or mixed-income
23     development commits a Class 2 felony and shall be sentenced
24     to a term of imprisonment of not less than 3 years and not
25     more than 7 years.
26         (1.5) A person who violates subsection 24-1(a)(4),

 

 

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1     24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
2     time of day or the time of year, in residential property
3     owned, operated, or managed by a public housing agency or
4     leased by a public housing agency as part of a scattered
5     site or mixed-income development, in a public park, in a
6     courthouse, on the real property comprising any school,
7     regardless of the time of day or the time of year, on
8     residential property owned, operated, or managed by a
9     public housing agency or leased by a public housing agency
10     as part of a scattered site or mixed-income development, on
11     the real property comprising any public park, on the real
12     property comprising any courthouse, in any conveyance
13     owned, leased, or contracted by a school to transport
14     students to or from school or a school related activity, or
15     on any public way within 1,000 feet of the real property
16     comprising any school, public park, courthouse, or
17     residential property owned, operated, or managed by a
18     public housing agency or leased by a public housing agency
19     as part of a scattered site or mixed-income development
20     commits a Class 3 felony.
21         (2) A person who violates subsection 24-1(a)(1),
22     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
23     time of day or the time of year, in residential property
24     owned, operated or managed by a public housing agency or
25     leased by a public housing agency as part of a scattered
26     site or mixed-income development, in a public park, in a

 

 

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1     courthouse, on the real property comprising any school,
2     regardless of the time of day or the time of year, on
3     residential property owned, operated or managed by a public
4     housing agency or leased by a public housing agency as part
5     of a scattered site or mixed-income development, on the
6     real property comprising any public park, on the real
7     property comprising any courthouse, in any conveyance
8     owned, leased or contracted by a school to transport
9     students to or from school or a school related activity, or
10     on any public way within 1,000 feet of the real property
11     comprising any school, public park, courthouse, or
12     residential property owned, operated, or managed by a
13     public housing agency or leased by a public housing agency
14     as part of a scattered site or mixed-income development
15     commits a Class 4 felony. "Courthouse" means any building
16     that is used by the Circuit, Appellate, or Supreme Court of
17     this State for the conduct of official business.
18         (3) Paragraphs (1), (1.5), and (2) of this subsection
19     (c) shall not apply to law enforcement officers or security
20     officers of such school, college, or university or to
21     students carrying or possessing firearms for use in
22     training courses, parades, hunting, target shooting on
23     school ranges, or otherwise with the consent of school
24     authorities and which firearms are transported unloaded
25     enclosed in a suitable case, box, or transportation
26     package.

 

 

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1         (4) For the purposes of this subsection (c), "school"
2     means any public or private elementary or secondary school,
3     community college, college, or university.
4     (d) The presence in an automobile other than a public
5 omnibus of any weapon, instrument or substance referred to in
6 subsection (a)(7) is prima facie evidence that it is in the
7 possession of, and is being carried by, all persons occupying
8 such automobile at the time such weapon, instrument or
9 substance is found, except under the following circumstances:
10 (i) if such weapon, instrument or instrumentality is found upon
11 the person of one of the occupants therein; or (ii) if such
12 weapon, instrument or substance is found in an automobile
13 operated for hire by a duly licensed driver in the due, lawful
14 and proper pursuit of his trade, then such presumption shall
15 not apply to the driver.
16     (e) Exemptions. Crossbows, Common or Compound bows and
17 Underwater Spearguns are exempted from the definition of
18 ballistic knife as defined in paragraph (1) of subsection (a)
19 of this Section.
20 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
21 eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
22 9-5-08.)
 
23     (720 ILCS 5/24-1.6)
24     Sec. 24-1.6. Aggravated unlawful use of a weapon.
25     (a) A person commits the offense of aggravated unlawful use

 

 

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1 of a weapon when he or she knowingly:
2         (1) Carries on or about his or her person or in any
3     vehicle or concealed on or about his or her person except
4     when on his or her land or in his or her abode or dwelling
5     or fixed place of business any pistol, revolver, stun gun
6     or taser or other firearm; or
7         (2) Carries or possesses on or about his or her person,
8     upon any public street, alley, or other public lands within
9     the corporate limits of a city, village or incorporated
10     town, except when an invitee thereon or therein, for the
11     purpose of the display of such weapon or the lawful
12     commerce in weapons, or except when on his or her own land
13     or in his or her own abode or dwelling or fixed place of
14     business, any pistol, revolver, stun gun or taser or other
15     firearm; and
16         (3) One of the following factors is present:
17             (A) the firearm possessed was uncased, loaded and
18         immediately accessible at the time of the offense; or
19             (B) the firearm possessed was uncased, unloaded
20         and the ammunition for the weapon was immediately
21         accessible at the time of the offense; or
22             (C) the person possessing the firearm has not been
23         issued a currently valid Firearm Owner's
24         Identification Card; or
25             (D) the person possessing the weapon was
26         previously adjudicated a delinquent minor under the

 

 

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1         Juvenile Court Act of 1987 for an act that if committed
2         by an adult would be a felony; or
3             (E) the person possessing the weapon was engaged in
4         a misdemeanor violation of the Cannabis Control Act, in
5         a misdemeanor violation of the Illinois Controlled
6         Substances Act, or in a misdemeanor violation of the
7         Methamphetamine Control and Community Protection Act;
8         or
9             (F) the person possessing the weapon is a member of
10         a street gang or is engaged in street gang related
11         activity, as defined in Section 10 of the Illinois
12         Streetgang Terrorism Omnibus Prevention Act; or
13             (G) the person possessing the weapon had a order of
14         protection issued against him or her within the
15         previous 2 years; or
16             (H) the person possessing the weapon was engaged in
17         the commission or attempted commission of a
18         misdemeanor involving the use or threat of violence
19         against the person or property of another; or
20             (I) the person possessing the weapon was under 21
21         years of age and in possession of a handgun as defined
22         in Section 24-3, unless the person under 21 is engaged
23         in lawful activities under the Wildlife Code or
24         described in subsection 24-2(b)(1), (b)(3), or
25         24-2(f).
26     (b) "Stun gun or taser" as used in this Section has the

 

 

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1 same definition given to it in Section 24-1 of this Code.
2     (c) This Section does not apply to or affect the
3 transportation or possession of weapons that:
4             (i) are broken down in a non-functioning state; or
5             (ii) are not immediately accessible; or
6             (iii) are unloaded and enclosed in a case, firearm
7         carrying box, shipping box, or other container by a
8         person who has been issued a currently valid Firearm
9         Owner's Identification Card.
10     (d) Sentence. Aggravated unlawful use of a weapon is a
11 Class 4 felony; a second or subsequent offense is a Class 2
12 felony for which the person shall be sentenced to a term of
13 imprisonment of not less than 3 years and not more than 7
14 years. Aggravated unlawful use of a weapon by a person who has
15 been previously convicted of a felony in this State or another
16 jurisdiction is a Class 2 felony for which the person shall be
17 sentenced to a term of imprisonment of not less than 3 years
18 and not more than 7 years. Aggravated unlawful use of a weapon
19 while wearing or in possession of body armor as defined in
20 Section 33F-1 by a person who has not been issued a valid
21 Firearms Owner's Identification Card in accordance with
22 Section 5 of the Firearm Owners Identification Card Act is a
23 Class X felony. The possession of each firearm in violation of
24 this Section constitutes a single and separate violation.
25 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556,
26 eff. 9-11-05; 95-331, eff. 8-21-07.)
 

 

 

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1     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
2     Sec. 24-2. Exemptions.
3     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
4 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5 the following:
6         (1) Peace officers, and any person summoned by a peace
7     officer to assist in making arrests or preserving the
8     peace, while actually engaged in assisting such officer.
9         (2) Wardens, superintendents and keepers of prisons,
10     penitentiaries, jails and other institutions for the
11     detention of persons accused or convicted of an offense,
12     while in the performance of their official duty, or while
13     commuting between their homes and places of employment.
14         (3) Members of the Armed Services or Reserve Forces of
15     the United States or the Illinois National Guard or the
16     Reserve Officers Training Corps, while in the performance
17     of their official duty.
18         (4) Special agents employed by a railroad or a public
19     utility to perform police functions, and guards of armored
20     car companies, while actually engaged in the performance of
21     the duties of their employment or commuting between their
22     homes and places of employment; and watchmen while actually
23     engaged in the performance of the duties of their
24     employment.
25         (5) Persons licensed as private security contractors,

 

 

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1     private detectives, or private alarm contractors, or
2     employed by an agency certified by the Department of
3     Professional Regulation, if their duties include the
4     carrying of a weapon under the provisions of the Private
5     Detective, Private Alarm, Private Security, Fingerprint
6     Vendor, and Locksmith Act of 2004, while actually engaged
7     in the performance of the duties of their employment or
8     commuting between their homes and places of employment,
9     provided that such commuting is accomplished within one
10     hour from departure from home or place of employment, as
11     the case may be. Persons exempted under this subdivision
12     (a)(5) shall be required to have completed a course of
13     study in firearms handling and training approved and
14     supervised by the Department of Professional Regulation as
15     prescribed by Section 28 of the Private Detective, Private
16     Alarm, Private Security, Fingerprint Vendor, and Locksmith
17     Act of 2004, prior to becoming eligible for this exemption.
18     The Department of Professional Regulation shall provide
19     suitable documentation demonstrating the successful
20     completion of the prescribed firearms training. Such
21     documentation shall be carried at all times when such
22     persons are in possession of a concealable weapon.
23         (6) Any person regularly employed in a commercial or
24     industrial operation as a security guard for the protection
25     of persons employed and private property related to such
26     commercial or industrial operation, while actually engaged

 

 

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1     in the performance of his or her duty or traveling between
2     sites or properties belonging to the employer, and who, as
3     a security guard, is a member of a security force of at
4     least 5 persons registered with the Department of
5     Professional Regulation; provided that such security guard
6     has successfully completed a course of study, approved by
7     and supervised by the Department of Professional
8     Regulation, consisting of not less than 40 hours of
9     training that includes the theory of law enforcement,
10     liability for acts, and the handling of weapons. A person
11     shall be considered eligible for this exemption if he or
12     she has completed the required 20 hours of training for a
13     security officer and 20 hours of required firearm training,
14     and has been issued a firearm control card by the
15     Department of Professional Regulation. Conditions for the
16     renewal of firearm control cards issued under the
17     provisions of this Section shall be the same as for those
18     cards issued under the provisions of the Private Detective,
19     Private Alarm, Private Security, Fingerprint Vendor, and
20     Locksmith Act of 2004. Such firearm control card shall be
21     carried by the security guard at all times when he or she
22     is in possession of a concealable weapon.
23         (7) Agents and investigators of the Illinois
24     Legislative Investigating Commission authorized by the
25     Commission to carry the weapons specified in subsections
26     24-1(a)(3) and 24-1(a)(4), while on duty in the course of

 

 

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1     any investigation for the Commission.
2         (8) Persons employed by a financial institution for the
3     protection of other employees and property related to such
4     financial institution, while actually engaged in the
5     performance of their duties, commuting between their homes
6     and places of employment, or traveling between sites or
7     properties owned or operated by such financial
8     institution, provided that any person so employed has
9     successfully completed a course of study, approved by and
10     supervised by the Department of Professional Regulation,
11     consisting of not less than 40 hours of training which
12     includes theory of law enforcement, liability for acts, and
13     the handling of weapons. A person shall be considered to be
14     eligible for this exemption if he or she has completed the
15     required 20 hours of training for a security officer and 20
16     hours of required firearm training, and has been issued a
17     firearm control card by the Department of Professional
18     Regulation. Conditions for renewal of firearm control
19     cards issued under the provisions of this Section shall be
20     the same as for those issued under the provisions of the
21     Private Detective, Private Alarm, Private Security,
22     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
23     control card shall be carried by the person so trained at
24     all times when such person is in possession of a
25     concealable weapon. For purposes of this subsection,
26     "financial institution" means a bank, savings and loan

 

 

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1     association, credit union or company providing armored car
2     services.
3         (9) Any person employed by an armored car company to
4     drive an armored car, while actually engaged in the
5     performance of his duties.
6         (10) Persons who have been classified as peace officers
7     pursuant to the Peace Officer Fire Investigation Act.
8         (11) Investigators of the Office of the State's
9     Attorneys Appellate Prosecutor authorized by the board of
10     governors of the Office of the State's Attorneys Appellate
11     Prosecutor to carry weapons pursuant to Section 7.06 of the
12     State's Attorneys Appellate Prosecutor's Act.
13         (12) Special investigators appointed by a State's
14     Attorney under Section 3-9005 of the Counties Code.
15         (12.5) Probation officers while in the performance of
16     their duties, or while commuting between their homes,
17     places of employment or specific locations that are part of
18     their assigned duties, with the consent of the chief judge
19     of the circuit for which they are employed.
20         (13) Court Security Officers while in the performance
21     of their official duties, or while commuting between their
22     homes and places of employment, with the consent of the
23     Sheriff.
24         (13.5) A person employed as an armed security guard at
25     a nuclear energy, storage, weapons or development site or
26     facility regulated by the Nuclear Regulatory Commission

 

 

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1     who has completed the background screening and training
2     mandated by the rules and regulations of the Nuclear
3     Regulatory Commission.
4         (14) Manufacture, transportation, or sale of weapons
5     to persons authorized under subdivisions (1) through
6     (13.5) of this subsection to possess those weapons.
7     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
8 24-1.6 do not apply to or affect any of the following:
9         (1) Members of any club or organization organized for
10     the purpose of practicing shooting at targets upon
11     established target ranges, whether public or private, and
12     patrons of such ranges, while such members or patrons are
13     using their firearms on those target ranges.
14         (2) Duly authorized military or civil organizations
15     while parading, with the special permission of the
16     Governor.
17         (3) Hunters, trappers or fishermen with a license or
18     permit while engaged in hunting, trapping or fishing.
19         (4) Transportation of weapons that are broken down in a
20     non-functioning state or are not immediately accessible.
21         (5) Carrying or possessing any pistol, revolver, stun
22     gun or taser or other firearm in one's dwelling.
23     (c) Subsection 24-1(a)(7) does not apply to or affect any
24 of the following:
25         (1) Peace officers while in performance of their
26     official duties.

 

 

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1         (2) Wardens, superintendents and keepers of prisons,
2     penitentiaries, jails and other institutions for the
3     detention of persons accused or convicted of an offense.
4         (3) Members of the Armed Services or Reserve Forces of
5     the United States or the Illinois National Guard, while in
6     the performance of their official duty.
7         (4) Manufacture, transportation, or sale of machine
8     guns to persons authorized under subdivisions (1) through
9     (3) of this subsection to possess machine guns, if the
10     machine guns are broken down in a non-functioning state or
11     are not immediately accessible.
12         (5) Persons licensed under federal law to manufacture
13     any weapon from which 8 or more shots or bullets can be
14     discharged by a single function of the firing device, or
15     ammunition for such weapons, and actually engaged in the
16     business of manufacturing such weapons or ammunition, but
17     only with respect to activities which are within the lawful
18     scope of such business, such as the manufacture,
19     transportation, or testing of such weapons or ammunition.
20     This exemption does not authorize the general private
21     possession of any weapon from which 8 or more shots or
22     bullets can be discharged by a single function of the
23     firing device, but only such possession and activities as
24     are within the lawful scope of a licensed manufacturing
25     business described in this paragraph.
26         During transportation, such weapons shall be broken

 

 

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1     down in a non-functioning state or not immediately
2     accessible.
3         (6) The manufacture, transport, testing, delivery,
4     transfer or sale, and all lawful commercial or experimental
5     activities necessary thereto, of rifles, shotguns, and
6     weapons made from rifles or shotguns, or ammunition for
7     such rifles, shotguns or weapons, where engaged in by a
8     person operating as a contractor or subcontractor pursuant
9     to a contract or subcontract for the development and supply
10     of such rifles, shotguns, weapons or ammunition to the
11     United States government or any branch of the Armed Forces
12     of the United States, when such activities are necessary
13     and incident to fulfilling the terms of such contract.
14         The exemption granted under this subdivision (c)(6)
15     shall also apply to any authorized agent of any such
16     contractor or subcontractor who is operating within the
17     scope of his employment, where such activities involving
18     such weapon, weapons or ammunition are necessary and
19     incident to fulfilling the terms of such contract.
20         During transportation, any such weapon shall be broken
21     down in a non-functioning state, or not immediately
22     accessible.
23     (d) Subsection 24-1(a)(1) does not apply to the purchase,
24 possession or carrying of a black-jack or slung-shot by a peace
25 officer.
26     (e) Subsection 24-1(a)(8) does not apply to any owner,

 

 

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1 manager or authorized employee of any place specified in that
2 subsection nor to any law enforcement officer.
3     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
4 Section 24-1.6 do not apply to members of any club or
5 organization organized for the purpose of practicing shooting
6 at targets upon established target ranges, whether public or
7 private, while using their firearms on those target ranges.
8     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
9 to:
10         (1) Members of the Armed Services or Reserve Forces of
11     the United States or the Illinois National Guard, while in
12     the performance of their official duty.
13         (2) Bonafide collectors of antique or surplus military
14     ordinance.
15         (3) Laboratories having a department of forensic
16     ballistics, or specializing in the development of
17     ammunition or explosive ordinance.
18         (4) Commerce, preparation, assembly or possession of
19     explosive bullets by manufacturers of ammunition licensed
20     by the federal government, in connection with the supply of
21     those organizations and persons exempted by subdivision
22     (g)(1) of this Section, or like organizations and persons
23     outside this State, or the transportation of explosive
24     bullets to any organization or person exempted in this
25     Section by a common carrier or by a vehicle owned or leased
26     by an exempted manufacturer.

 

 

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1     (g-5) Subsection 24-1(a)(6) does not apply to or affect
2 persons licensed under federal law to manufacture any device or
3 attachment of any kind designed, used, or intended for use in
4 silencing the report of any firearm, firearms, or ammunition
5 for those firearms equipped with those devices, and actually
6 engaged in the business of manufacturing those devices,
7 firearms, or ammunition, but only with respect to activities
8 that are within the lawful scope of that business, such as the
9 manufacture, transportation, or testing of those devices,
10 firearms, or ammunition. This exemption does not authorize the
11 general private possession of any device or attachment of any
12 kind designed, used, or intended for use in silencing the
13 report of any firearm, but only such possession and activities
14 as are within the lawful scope of a licensed manufacturing
15 business described in this subsection (g-5). During
16 transportation, those devices shall be detached from any weapon
17 or not immediately accessible.
18     (h) An information or indictment based upon a violation of
19 any subsection of this Article need not negative any exemptions
20 contained in this Article. The defendant shall have the burden
21 of proving such an exemption.
22     (i) Nothing in this Article shall prohibit, apply to, or
23 affect the transportation, carrying, or possession, of any
24 pistol or revolver, stun gun, taser, or other firearm consigned
25 to a common carrier operating under license of the State of
26 Illinois or the federal government, where such transportation,

 

 

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1 carrying, or possession is incident to the lawful
2 transportation in which such common carrier is engaged; and
3 nothing in this Article shall prohibit, apply to, or affect the
4 transportation, carrying, or possession of any pistol,
5 revolver, stun gun, taser, or other firearm, not the subject of
6 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
7 this Article, which is unloaded and enclosed in a case, firearm
8 carrying box, shipping box, or other container, by the
9 possessor of a valid Firearm Owners Identification Card.
10 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
11 95-885, eff. 1-1-09.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.