97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1910

 

Introduced 2/10/2011, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2

    Amends the Criminal Code of 1961. Provides that the unlawful use of weapons provision that prohibits the possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm does not apply to or affect Full time peace officers of any duly authorized police agency of the State or of any political subdivision of the State who have received advanced, specialized training to deal with high risk incidents including, but not limited to, hostage or barricade incidents, or both, search and arrest warrants, and manhunts, and are serving as part of a Special Emergency Response Team (SERT), Tactical Response Team (TRT) or Special Weapons and Tactics (SWAT) team comprised of a group of officers. Effective immediately.


LRB097 06554 RLC 50261 b

 

 

A BILL FOR

 

SB1910LRB097 06554 RLC 50261 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance of
3    the duties of their employment or commuting between their
4    homes and places of employment; and watchmen while actually
5    engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by an agency certified by the Department of
10    Professional Regulation, if their duties include the
11    carrying of a weapon under the provisions of the Private
12    Detective, Private Alarm, Private Security, Fingerprint
13    Vendor, and Locksmith Act of 2004, while actually engaged
14    in the performance of the duties of their employment or
15    commuting between their homes and places of employment,
16    provided that such commuting is accomplished within one
17    hour from departure from home or place of employment, as
18    the case may be. Persons exempted under this subdivision
19    (a)(5) shall be required to have completed a course of
20    study in firearms handling and training approved and
21    supervised by the Department of Professional Regulation as
22    prescribed by Section 28 of the Private Detective, Private
23    Alarm, Private Security, Fingerprint Vendor, and Locksmith
24    Act of 2004, prior to becoming eligible for this exemption.
25    The Department of Professional Regulation shall provide
26    suitable documentation demonstrating the successful

 

 

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

 

 

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

 

 

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1    the same as for those issued under the provisions of the
2    Private Detective, Private Alarm, Private Security,
3    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4    control card shall be carried by the person so trained at
5    all times when such person is in possession of a
6    concealable weapon. For purposes of this subsection,
7    "financial institution" means a bank, savings and loan
8    association, credit union or company providing armored car
9    services.
10        (9) Any person employed by an armored car company to
11    drive an armored car, while actually engaged in the
12    performance of his duties.
13        (10) Persons who have been classified as peace officers
14    pursuant to the Peace Officer Fire Investigation Act.
15        (11) Investigators of the Office of the State's
16    Attorneys Appellate Prosecutor authorized by the board of
17    governors of the Office of the State's Attorneys Appellate
18    Prosecutor to carry weapons pursuant to Section 7.06 of the
19    State's Attorneys Appellate Prosecutor's Act.
20        (12) Special investigators appointed by a State's
21    Attorney under Section 3-9005 of the Counties Code.
22        (12.5) Probation officers while in the performance of
23    their duties, or while commuting between their homes,
24    places of employment or specific locations that are part of
25    their assigned duties, with the consent of the chief judge
26    of the circuit for which they are employed.

 

 

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1        (13) Court Security Officers while in the performance
2    of their official duties, or while commuting between their
3    homes and places of employment, with the consent of the
4    Sheriff.
5        (13.5) A person employed as an armed security guard at
6    a nuclear energy, storage, weapons or development site or
7    facility regulated by the Nuclear Regulatory Commission
8    who has completed the background screening and training
9    mandated by the rules and regulations of the Nuclear
10    Regulatory Commission.
11        (14) Manufacture, transportation, or sale of weapons
12    to persons authorized under subdivisions (1) through
13    (13.5) of this subsection to possess those weapons.
14    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16        (1) Members of any club or organization organized for
17    the purpose of practicing shooting at targets upon
18    established target ranges, whether public or private, and
19    patrons of such ranges, while such members or patrons are
20    using their firearms on those target ranges.
21        (2) Duly authorized military or civil organizations
22    while parading, with the special permission of the
23    Governor.
24        (3) Hunters, trappers or fishermen with a license or
25    permit while engaged in hunting, trapping or fishing.
26        (4) Transportation of weapons that are broken down in a

 

 

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1    non-functioning state or are not immediately accessible.
2        (5) Carrying or possessing any pistol, revolver, stun
3    gun or taser or other firearm on the land or in the legal
4    dwelling of another person as an invitee with that person's
5    permission.
6    (c) Subsection 24-1(a)(7) does not apply to or affect any
7of the following:
8        (1) Peace officers while in performance of their
9    official duties.
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense.
13        (3) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard, while in
15    the performance of their official duty.
16        (4) Manufacture, transportation, or sale of machine
17    guns to persons authorized under subdivisions (1) through
18    (3) of this subsection to possess machine guns, if the
19    machine guns are broken down in a non-functioning state or
20    are not immediately accessible.
21        (5) Persons licensed under federal law to manufacture
22    any weapon from which 8 or more shots or bullets can be
23    discharged by a single function of the firing device, or
24    ammunition for such weapons, and actually engaged in the
25    business of manufacturing such weapons or ammunition, but
26    only with respect to activities which are within the lawful

 

 

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1    scope of such business, such as the manufacture,
2    transportation, or testing of such weapons or ammunition.
3    This exemption does not authorize the general private
4    possession of any weapon from which 8 or more shots or
5    bullets can be discharged by a single function of the
6    firing device, but only such possession and activities as
7    are within the lawful scope of a licensed manufacturing
8    business described in this paragraph.
9        During transportation, such weapons shall be broken
10    down in a non-functioning state or not immediately
11    accessible.
12        (6) The manufacture, transport, testing, delivery,
13    transfer or sale, and all lawful commercial or experimental
14    activities necessary thereto, of rifles, shotguns, and
15    weapons made from rifles or shotguns, or ammunition for
16    such rifles, shotguns or weapons, where engaged in by a
17    person operating as a contractor or subcontractor pursuant
18    to a contract or subcontract for the development and supply
19    of such rifles, shotguns, weapons or ammunition to the
20    United States government or any branch of the Armed Forces
21    of the United States, when such activities are necessary
22    and incident to fulfilling the terms of such contract.
23        The exemption granted under this subdivision (c)(6)
24    shall also apply to any authorized agent of any such
25    contractor or subcontractor who is operating within the
26    scope of his employment, where such activities involving

 

 

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1    such weapon, weapons or ammunition are necessary and
2    incident to fulfilling the terms of such contract.
3        During transportation, any such weapon shall be broken
4    down in a non-functioning state, or not immediately
5    accessible.
6    (d) Subsection 24-1(a)(1) does not apply to the purchase,
7possession or carrying of a black-jack or slung-shot by a peace
8officer.
9    (e) Subsection 24-1(a)(8) does not apply to any owner,
10manager or authorized employee of any place specified in that
11subsection nor to any law enforcement officer.
12    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
13Section 24-1.6 do not apply to members of any club or
14organization organized for the purpose of practicing shooting
15at targets upon established target ranges, whether public or
16private, while using their firearms on those target ranges.
17    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
18to:
19        (1) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while in
21    the performance of their official duty.
22        (2) Bonafide collectors of antique or surplus military
23    ordinance.
24        (3) Laboratories having a department of forensic
25    ballistics, or specializing in the development of
26    ammunition or explosive ordinance.

 

 

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1        (4) Commerce, preparation, assembly or possession of
2    explosive bullets by manufacturers of ammunition licensed
3    by the federal government, in connection with the supply of
4    those organizations and persons exempted by subdivision
5    (g)(1) of this Section, or like organizations and persons
6    outside this State, or the transportation of explosive
7    bullets to any organization or person exempted in this
8    Section by a common carrier or by a vehicle owned or leased
9    by an exempted manufacturer.
10    (g-5) Subsection 24-1(a)(6) does not apply to or affect any
11of the following:
12        (1) Persons persons licensed under federal law to
13    manufacture any device or attachment of any kind designed,
14    used, or intended for use in silencing the report of any
15    firearm, firearms, or ammunition for those firearms
16    equipped with those devices, and actually engaged in the
17    business of manufacturing those devices, firearms, or
18    ammunition, but only with respect to activities that are
19    within the lawful scope of that business, such as the
20    manufacture, transportation, or testing of those devices,
21    firearms, or ammunition. This exemption does not authorize
22    the general private possession of any device or attachment
23    of any kind designed, used, or intended for use in
24    silencing the report of any firearm, but only such
25    possession and activities as are within the lawful scope of
26    a licensed manufacturing business described in this

 

 

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1    subsection (g-5). During transportation, those devices
2    shall be detached from any weapon or not immediately
3    accessible.
4        (2) Full time peace officers of any duly authorized
5    police agency of this State or of any political subdivision
6    of this State who have received advanced, specialized
7    training to deal with high risk incidents including, but
8    not limited to, hostage or barricade incidents, or both,
9    search and arrest warrants, and manhunts, and are serving
10    as part of a Special Emergency Response Team (SERT),
11    Tactical Response Team (TRT) or Special Weapons and Tactics
12    (SWAT) team comprised of a group of officers.
13    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
20athlete's possession, transport on official Olympic and
21Paralympic transit systems established for athletes, or use of
22competition firearms sanctioned by the International Olympic
23Committee, the International Paralympic Committee, the
24International Shooting Sport Federation, or USA Shooting in
25connection with such athlete's training for and participation
26in shooting competitions at the 2016 Olympic and Paralympic

 

 

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1Games and sanctioned test events leading up to the 2016 Olympic
2and Paralympic Games.
3    (h) An information or indictment based upon a violation of
4any subsection of this Article need not negative any exemptions
5contained in this Article. The defendant shall have the burden
6of proving such an exemption.
7    (i) Nothing in this Article shall prohibit, apply to, or
8affect the transportation, carrying, or possession, of any
9pistol or revolver, stun gun, taser, or other firearm consigned
10to a common carrier operating under license of the State of
11Illinois or the federal government, where such transportation,
12carrying, or possession is incident to the lawful
13transportation in which such common carrier is engaged; and
14nothing in this Article shall prohibit, apply to, or affect the
15transportation, carrying, or possession of any pistol,
16revolver, stun gun, taser, or other firearm, not the subject of
17and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
18this Article, which is unloaded and enclosed in a case, firearm
19carrying box, shipping box, or other container, by the
20possessor of a valid Firearm Owners Identification Card.
21(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
2295-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
2396-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.