Illinois General Assembly - Full Text of HB3212
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Full Text of HB3212  102nd General Assembly

HB3212 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3212

 

Introduced 2/19/2021, by Rep. Martin J. Moylan

 

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

    Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he or she knowingly possesses, sells or offers to sell, purchases, manufactures, imports, transfers, or uses: (1) any manual, power-driven, or electronic device that is designed to and functions to increase the rate of fire of a semiautomatic firearm when the device is attached to the firearm; (2) any part of a semiautomatic firearm or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm by eliminating the need for the operator of the firearm to make a separate movement for each individual function of the trigger; or (3) any other device, part, or combination of parts that is designed to and functions to substantially increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. This offense is a Class 2 felony. Provides for exemptions.


LRB102 04420 RLC 14438 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3212LRB102 04420 RLC 14438 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 2012 is amended by
5changing Sections 24-1 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
9weapons 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
14    knife, commonly referred to as a switchblade knife, which
15    has a blade that opens automatically by hand pressure
16    applied to a button, spring or other device in the handle
17    of the knife, or a ballistic knife, which is a device that
18    propels a knifelike blade as a projectile by means of a
19    coil 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        (2.5) Carries or possesses with intent to use the same
3    unlawfully against another, any firearm in a church,
4    synagogue, mosque, or other building, structure, or place
5    used for religious worship; or
6        (3) Carries on or about his person or in any vehicle, a
7    tear gas gun projector or bomb or any object containing
8    noxious liquid gas or substance, other than an object
9    containing a non-lethal noxious liquid gas or substance
10    designed solely for personal defense carried by a person
11    18 years of age or older; or
12        (4) Carries or possesses in any vehicle or concealed
13    on or about his person except when on his land or in his
14    own abode, legal dwelling, or fixed place of business, or
15    on the land or in the legal dwelling of another person as
16    an invitee with that person's permission, any pistol,
17    revolver, stun gun or taser or other firearm, except that
18    this subsection (a) (4) does not apply to or affect
19    transportation of weapons that meet one of the following
20    conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

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1            (iv) are carried or possessed in accordance with
2        the Firearm Concealed Carry Act by a person who has
3        been issued a currently valid license under the
4        Firearm Concealed Carry Act; or
5        (5) Sets a spring gun; or
6        (6) Possesses any device or attachment of any kind
7    designed, used or intended for use in silencing the report
8    of any firearm; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less
24        than 16 inches in length or a shotgun having one or
25        more barrels less than 18 inches in length or any
26        weapon made from a rifle or shotgun, whether by

 

 

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1        alteration, modification, or otherwise, if such a
2        weapon as modified has an overall length of less than
3        26 inches; or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or
10    taser or other deadly weapon in any place which is
11    licensed to sell intoxicating beverages, or at any public
12    gathering held pursuant to a license issued by any
13    governmental body or any public gathering at which an
14    admission is charged, excluding a place where a showing,
15    demonstration or lecture involving the exhibition of
16    unloaded firearms is conducted.
17        This subsection (a)(8) does not apply to any auction
18    or raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to
20    persons engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his or her person any pistol, revolver, stun gun or taser
23    or firearm or ballistic knife, when he or she is hooded,
24    robed or masked in such manner as to conceal his or her
25    identity; or
26        (10) Carries or possesses on or about his or her

 

 

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1    person, upon any public street, alley, or other public
2    lands within the corporate limits of a city, village, or
3    incorporated town, except when an invitee thereon or
4    therein, for the purpose of the display of such weapon or
5    the lawful commerce in weapons, or except when on his land
6    or in his or her own abode, legal dwelling, or fixed place
7    of business, or on the land or in the legal dwelling of
8    another person as an invitee with that person's
9    permission, any pistol, revolver, stun gun, or taser or
10    other firearm, except that this subsection (a) (10) does
11    not apply to or affect transportation of weapons that meet
12    one of the following conditions:
13            (i) are broken down in a non-functioning state; or
14            (ii) are not immediately accessible; or
15            (iii) are unloaded and enclosed in a case, firearm
16        carrying box, shipping box, or other container by a
17        person who has been issued a currently valid Firearm
18        Owner's Identification Card; or
19            (iv) are carried or possessed in accordance with
20        the Firearm Concealed Carry Act by a person who has
21        been issued a currently valid license under the
22        Firearm Concealed Carry Act.
23        A "stun gun or taser", as used in this paragraph (a)
24    means (i) any device which is powered by electrical
25    charging units, such as, batteries, and which fires one or
26    several barbs attached to a length of wire and which, upon

 

 

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1    hitting a human, can send out a current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning or (ii) any
4    device which is powered by electrical charging units, such
5    as batteries, and which, upon contact with a human or
6    clothing worn by a human, can send out current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning; or
9        (11) Sells, manufactures, or purchases any explosive
10    bullet. For purposes of this paragraph (a) "explosive
11    bullet" means the projectile portion of an ammunition
12    cartridge which contains or carries an explosive charge
13    which will explode upon contact with the flesh of a human
14    or an animal. "Cartridge" means a tubular metal case
15    having a projectile affixed at the front thereof and a cap
16    or primer at the rear end thereof, with the propellant
17    contained in such tube between the projectile and the cap;
18    or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her
21    person while in a building occupied by a unit of
22    government, a billy club, other weapon of like character,
23    or other instrument of like character intended for use as
24    a weapon. For the purposes of this Section, "billy club"
25    means a short stick or club commonly carried by police
26    officers which is either telescopic or constructed of a

 

 

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1    solid piece of wood or other man-made material; or .
2        (14) Possesses, sells or offers to sell, purchases,
3    manufactures, imports, transfers, or uses:
4            (i) any manual, power-driven, or electronic device
5        that is designed to and functions to increase the rate
6        of fire of a semiautomatic firearm when the device is
7        attached to the firearm;
8            (ii) any part of a semiautomatic firearm or
9        combination of parts that is designed to and functions
10        to increase the rate of fire of a semiautomatic
11        firearm by eliminating the need for the operator of
12        the firearm to make a separate movement for each
13        individual function of the trigger; or
14            (iii) any other device, part, or combination of
15        parts that is designed to and functions to
16        substantially increase the rate of fire of a
17        semiautomatic firearm above the standard rate of fire
18        for semiautomatic firearms that is not equipped with
19        that device, part, or combination of parts.
20    (b) Sentence. A person convicted of a violation of
21subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
22subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
23Class A misdemeanor. A person convicted of a violation of
24subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
25a person convicted of a violation of subsection 24-1(a)(6) or
2624-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

 

 

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1convicted of a violation of subsection 24-1(a)(7)(i) commits a
2Class 2 felony and shall be sentenced to a term of imprisonment
3of not less than 3 years and not more than 7 years, unless the
4weapon is possessed in the passenger compartment of a motor
5vehicle as defined in Section 1-146 of the Illinois Vehicle
6Code, or on the person, while the weapon is loaded, in which
7case it shall be a Class X felony. A person convicted of a
8second or subsequent violation of subsection 24-1(a)(4),
924-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
10felony. A person convicted of a violation of subsection
1124-1(a)(2.5) commits a Class 2 felony. A person convicted of
12subsection 24-1(a)(14) commits a Class 2 felony. The
13possession of each weapon or device in violation of this
14Section constitutes a single and separate violation.
15    (c) Violations in specific places.
16        (1) A person who violates subsection 24-1(a)(6) or
17    24-1(a)(7) in any school, regardless of the time of day or
18    the time of year, in residential property owned, operated
19    or managed by a public housing agency or leased by a public
20    housing agency as part of a scattered site or mixed-income
21    development, in a public park, in a courthouse, on the
22    real property comprising any school, regardless of the
23    time of day or the time of year, on 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, on the real property

 

 

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

 

 

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

 

 

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

 

 

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1    of the general public as passengers; and "public
2    transportation facility" means a terminal or other place
3    where one may obtain public transportation.
4    (d) The presence in an automobile other than a public
5omnibus of any weapon, instrument or substance referred to in
6subsection (a)(7) is prima facie evidence that it is in the
7possession of, and is being carried by, all persons occupying
8such automobile at the time such weapon, instrument or
9substance is found, except under the following circumstances:
10(i) if such weapon, instrument or instrumentality is found
11upon the person of one of the occupants therein; or (ii) if
12such weapon, instrument or substance is found in an automobile
13operated for hire by a duly licensed driver in the due, lawful
14and proper pursuit of his or her trade, then such presumption
15shall not apply to the driver.
16    (e) Exemptions.
17        (1) Crossbows, Common or Compound bows and Underwater
18    Spearguns are exempted from the definition of ballistic
19    knife as defined in paragraph (1) of subsection (a) of
20    this Section.
21        (2) The provision of paragraph (1) of subsection (a)
22    of this Section prohibiting the sale, manufacture,
23    purchase, possession, or carrying of any knife, commonly
24    referred to as a switchblade knife, which has a blade that
25    opens automatically by hand pressure applied to a button,
26    spring or other device in the handle of the knife, does not

 

 

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1    apply to a person who possesses a currently valid Firearm
2    Owner's Identification Card previously issued in his or
3    her name by the Department of State Police or to a person
4    or an entity engaged in the business of selling or
5    manufacturing switchblade knives.
6(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
7    (720 ILCS 5/24-2)
8    Sec. 24-2. Exemptions.
9    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13), and 24-1(a)(14) and Section 24-1.6 do not apply
11to or affect any of the following:
12        (1) Peace officers, and any person summoned by a peace
13    officer to assist in making arrests or preserving the
14    peace, while actually engaged in assisting such officer.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense,
18    while in the performance of their official duty, or while
19    commuting between their homes and places of employment.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard or the
22    Reserve Officers Training Corps, while in the performance
23    of their official duty.
24        (4) Special agents employed by a railroad or a public
25    utility to perform police functions, and guards of armored

 

 

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1    car companies, while actually engaged in the performance
2    of the duties of their employment or commuting between
3    their homes and places of employment; and watchmen while
4    actually engaged in the performance of the duties of their
5    employment.
6        (5) Persons licensed as private security contractors,
7    private detectives, or private alarm contractors, or
8    employed by a private security contractor, private
9    detective, or private alarm contractor agency licensed by
10    the Department of Financial and Professional Regulation,
11    if their duties include the carrying of a weapon under the
12    provisions of the Private Detective, Private Alarm,
13    Private Security, Fingerprint Vendor, and Locksmith Act of
14    2004, while actually engaged in the performance of the
15    duties of their employment or commuting between their
16    homes and places of employment. A person shall be
17    considered eligible for this exemption if he or she has
18    completed the required 20 hours of training for a private
19    security contractor, private detective, or private alarm
20    contractor, or employee of a licensed private security
21    contractor, private detective, or private alarm contractor
22    agency and 20 hours of required firearm training, and has
23    been issued a firearm control card by the Department of
24    Financial and Professional Regulation. Conditions for the
25    renewal of firearm control cards issued under the
26    provisions of this Section shall be the same as for those

 

 

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1    cards issued under the provisions of the Private
2    Detective, Private Alarm, Private Security, Fingerprint
3    Vendor, and Locksmith Act of 2004. The firearm control
4    card shall be carried by the private security contractor,
5    private detective, or private alarm contractor, or
6    employee of the licensed private security contractor,
7    private detective, or private alarm contractor agency at
8    all times when he or she is in possession of a concealable
9    weapon permitted by his or her firearm control card.
10        (6) Any person regularly employed in a commercial or
11    industrial operation as a security guard for the
12    protection of persons employed and private property
13    related to such commercial or industrial operation, while
14    actually engaged in the performance of his or her duty or
15    traveling between sites or properties belonging to the
16    employer, and who, as a security guard, is a member of a
17    security force registered with the Department of Financial
18    and Professional Regulation; provided that such security
19    guard has successfully completed a course of study,
20    approved by and supervised by the Department of Financial
21    and Professional Regulation, consisting of not less than
22    40 hours of training that includes the theory of law
23    enforcement, liability for acts, and the handling of
24    weapons. A person shall be considered eligible for this
25    exemption if he or she has completed the required 20 hours
26    of training for a security officer and 20 hours of

 

 

HB3212- 16 -LRB102 04420 RLC 14438 b

1    required firearm training, and has been issued a firearm
2    control card by the Department of Financial and
3    Professional Regulation. Conditions for the renewal of
4    firearm control cards issued under the provisions of this
5    Section shall be the same as for those cards issued under
6    the provisions of the Private Detective, Private Alarm,
7    Private Security, Fingerprint Vendor, and Locksmith Act of
8    2004. The firearm control card shall be carried by the
9    security guard at all times when he or she is in possession
10    of a concealable weapon permitted by his or her firearm
11    control card.
12        (7) Agents and investigators of the Illinois
13    Legislative Investigating Commission authorized by the
14    Commission to carry the weapons specified in subsections
15    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
16    any investigation for the Commission.
17        (8) Persons employed by a financial institution as a
18    security guard for the protection of other employees and
19    property related to such financial institution, while
20    actually engaged in the performance of their duties,
21    commuting between their homes and places of employment, or
22    traveling between sites or properties owned or operated by
23    such financial institution, and who, as a security guard,
24    is a member of a security force registered with the
25    Department; provided that any person so employed has
26    successfully completed a course of study, approved by and

 

 

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1    supervised by the Department of Financial and Professional
2    Regulation, consisting of not less than 40 hours of
3    training which includes theory of law enforcement,
4    liability for acts, and the handling of weapons. A person
5    shall be considered to be eligible for this exemption if
6    he or she has completed the required 20 hours of training
7    for a security officer and 20 hours of required firearm
8    training, and has been issued a firearm control card by
9    the Department of Financial and Professional Regulation.
10    Conditions for renewal of firearm control cards issued
11    under the provisions of this Section shall be the same as
12    for those issued under the provisions of the Private
13    Detective, Private Alarm, Private Security, Fingerprint
14    Vendor, and Locksmith Act of 2004. The firearm control
15    card shall be carried by the security guard at all times
16    when he or she is in possession of a concealable weapon
17    permitted by his or her firearm control card. For purposes
18    of this subsection, "financial institution" means a bank,
19    savings and loan association, credit union or company
20    providing armored car services.
21        (9) Any person employed by an armored car company to
22    drive an armored car, while actually engaged in the
23    performance of his duties.
24        (10) Persons who have been classified as peace
25    officers pursuant to the Peace Officer Fire Investigation
26    Act.

 

 

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1        (11) Investigators of the Office of the State's
2    Attorneys Appellate Prosecutor authorized by the board of
3    governors of the Office of the State's Attorneys Appellate
4    Prosecutor to carry weapons pursuant to Section 7.06 of
5    the State's Attorneys Appellate Prosecutor's Act.
6        (12) Special investigators appointed by a State's
7    Attorney under Section 3-9005 of the Counties Code.
8        (12.5) Probation officers while in the performance of
9    their duties, or while commuting between their homes,
10    places of employment or specific locations that are part
11    of their assigned duties, with the consent of the chief
12    judge of the circuit for which they are employed, if they
13    have received weapons training according to requirements
14    of the Peace Officer and Probation Officer Firearm
15    Training Act.
16        (13) Court Security Officers while in the performance
17    of their official duties, or while commuting between their
18    homes and places of employment, with the consent of the
19    Sheriff.
20        (13.5) A person employed as an armed security guard at
21    a nuclear energy, storage, weapons or development site or
22    facility regulated by the Nuclear Regulatory Commission
23    who has completed the background screening and training
24    mandated by the rules and regulations of the Nuclear
25    Regulatory Commission.
26        (14) Manufacture, transportation, or sale of weapons

 

 

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1    to persons authorized under subdivisions (1) through
2    (13.5) of this subsection to possess those weapons.
3    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
9to or affect a qualified current or retired law enforcement
10officer qualified under the laws of this State or under the
11federal Law Enforcement Officers Safety Act.
12    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 do not apply to or affect any of the following:
14        (1) Members of any club or organization organized for
15    the purpose of practicing shooting at targets upon
16    established target ranges, whether public or private, and
17    patrons of such ranges, while such members or patrons are
18    using their firearms on those target ranges.
19        (2) Duly authorized military or civil organizations
20    while parading, with the special permission of the
21    Governor.
22        (3) Hunters, trappers or fishermen with a license or
23    permit while engaged in hunting, trapping or fishing.
24        (4) Transportation of weapons that are broken down in
25    a non-functioning state or are not immediately accessible.
26        (5) Carrying or possessing any pistol, revolver, stun

 

 

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

 

 

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

 

 

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1    incident to fulfilling the terms of such contract.
2        (7) A person possessing a rifle with a barrel or
3    barrels less than 16 inches in length if: (A) the person
4    has been issued a Curios and Relics license from the U.S.
5    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
6    (B) the person is an active member of a bona fide,
7    nationally recognized military re-enacting group and the
8    modification is required and necessary to accurately
9    portray the weapon for historical re-enactment purposes;
10    the re-enactor is in possession of a valid and current
11    re-enacting group membership credential; and the overall
12    length of the weapon as modified is not less than 26
13    inches.
14    (d) Subsection 24-1(a)(1) does not apply to the purchase,
15possession or carrying of a black-jack or slung-shot by a
16peace officer.
17    (e) Subsection 24-1(a)(8) does not apply to any owner,
18manager or authorized employee of any place specified in that
19subsection nor to any law enforcement officer.
20    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
21Section 24-1.6 do not apply to members of any club or
22organization organized for the purpose of practicing shooting
23at targets upon established target ranges, whether public or
24private, while using their firearms on those target ranges.
25    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
26to:

 

 

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1        (1) Members of the Armed Services or Reserve Forces of
2    the United States or the Illinois National Guard, while in
3    the performance of their official duty.
4        (2) Bonafide collectors of antique or surplus military
5    ordnance.
6        (3) Laboratories having a department of forensic
7    ballistics, or specializing in the development of
8    ammunition or explosive ordnance.
9        (4) Commerce, preparation, assembly or possession of
10    explosive bullets by manufacturers of ammunition licensed
11    by the federal government, in connection with the supply
12    of those organizations and persons exempted by subdivision
13    (g)(1) of this Section, or like organizations and persons
14    outside this State, or the transportation of explosive
15    bullets to any organization or person exempted in this
16    Section by a common carrier or by a vehicle owned or leased
17    by an exempted manufacturer.
18    (g-5) Subsection 24-1(a)(6) does not apply to or affect
19persons licensed under federal law to manufacture any device
20or attachment of any kind designed, used, or intended for use
21in silencing the report of any firearm, firearms, or
22ammunition for those firearms equipped with those devices, and
23actually engaged in the business of manufacturing those
24devices, firearms, or ammunition, but only with respect to
25activities that are within the lawful scope of that business,
26such as the manufacture, transportation, or testing of those

 

 

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1devices, firearms, or ammunition. This exemption does not
2authorize the general private possession of any device or
3attachment of any kind designed, used, or intended for use in
4silencing the report of any firearm, but only such possession
5and activities as are within the lawful scope of a licensed
6manufacturing business described in this subsection (g-5).
7During transportation, these devices shall be detached from
8any weapon or not immediately accessible.
9    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1024-1.6 do not apply to or affect any parole agent or parole
11supervisor who meets the qualifications and conditions
12prescribed in Section 3-14-1.5 of the Unified Code of
13Corrections.
14    (g-7) Subsection 24-1(a)(6) does not apply to a peace
15officer while serving as a member of a tactical response team
16or special operations team. A peace officer may not personally
17own or apply for ownership of a device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm. These devices shall be owned and
20maintained by lawfully recognized units of government whose
21duties include the investigation of criminal acts.
22    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
24athlete's possession, transport on official Olympic and
25Paralympic transit systems established for athletes, or use of
26competition firearms sanctioned by the International Olympic

 

 

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1Committee, the International Paralympic Committee, the
2International Shooting Sport Federation, or USA Shooting in
3connection with such athlete's training for and participation
4in shooting competitions at the 2016 Olympic and Paralympic
5Games and sanctioned test events leading up to the 2016
6Olympic and Paralympic Games.
7    (h) An information or indictment based upon a violation of
8any subsection of this Article need not negative any
9exemptions contained in this Article. The defendant shall have
10the burden of proving such an exemption.
11    (i) Nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession, of any
13pistol or revolver, stun gun, taser, or other firearm
14consigned to a common carrier operating under license of the
15State of Illinois or the federal government, where such
16transportation, carrying, or possession is incident to the
17lawful transportation in which such common carrier is engaged;
18and nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession of any
20pistol, revolver, stun gun, taser, or other firearm, not the
21subject of and regulated by subsection 24-1(a)(7) or
22subsection 24-2(c) of this Article, which is unloaded and
23enclosed in a case, firearm carrying box, shipping box, or
24other container, by the possessor of a valid Firearm Owners
25Identification Card.
26(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)