Illinois General Assembly - Full Text of SB3713
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Full Text of SB3713  102nd General Assembly

SB3713 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3713

 

Introduced 1/21/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2
730 ILCS 5/3-2-14 new
730 ILCS 125/26.1 new

    Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.


LRB102 22710 RLC 31856 b

 

 

A BILL FOR

 

SB3713LRB102 22710 RLC 31856 b

1    AN ACT concerning correctional officers.
 
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 Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    (Text of Section before amendment by P.A. 102-152)
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 Section 24-1.6 do not apply to or affect any of
11the 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.

 

 

SB3713- 2 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 3 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 4 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 5 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 6 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 7 -LRB102 22710 RLC 31856 b

1    Regulatory Commission.
2        (14) Manufacture, transportation, or sale of weapons
3    to persons authorized under subdivisions (1) through
4    (13.5) of this subsection to possess those weapons.
5    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
11to or affect a qualified current or retired law enforcement
12officer qualified under the laws of this State or under the
13federal Law Enforcement Officers Safety Act.
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

 

 

SB3713- 8 -LRB102 22710 RLC 31856 b

1    a 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
5    person's 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

 

 

SB3713- 9 -LRB102 22710 RLC 31856 b

1    lawful 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
14    experimental activities necessary thereto, of rifles,
15    shotguns, and weapons made from rifles or shotguns, or
16    ammunition for such rifles, shotguns or weapons, where
17    engaged in by a person operating as a contractor or
18    subcontractor pursuant to a contract or subcontract for
19    the development and supply of such rifles, shotguns,
20    weapons or ammunition to the United States government or
21    any branch of the Armed Forces of the United States, when
22    such activities are necessary and incident to fulfilling
23    the terms of such contract.
24        The exemption granted under this subdivision (c)(6)
25    shall also apply to any authorized agent of any such
26    contractor or subcontractor who is operating within the

 

 

SB3713- 10 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 11 -LRB102 22710 RLC 31856 b

1    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
2to:
3        (1) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while in
5    the performance of their official duty.
6        (2) Bonafide collectors of antique or surplus military
7    ordnance.
8        (3) Laboratories having a department of forensic
9    ballistics, or specializing in the development of
10    ammunition or explosive ordnance.
11        (4) Commerce, preparation, assembly or possession of
12    explosive bullets by manufacturers of ammunition licensed
13    by the federal government, in connection with the supply
14    of those organizations and persons exempted by subdivision
15    (g)(1) of this Section, or like organizations and persons
16    outside this State, or the transportation of explosive
17    bullets to any organization or person exempted in this
18    Section by a common carrier or by a vehicle owned or leased
19    by an exempted manufacturer.
20    (g-5) Subsection 24-1(a)(6) does not apply to or affect
21persons licensed under federal law to manufacture any device
22or attachment of any kind designed, used, or intended for use
23in silencing the report of any firearm, firearms, or
24ammunition for those firearms equipped with those devices, and
25actually engaged in the business of manufacturing those
26devices, firearms, or ammunition, but only with respect to

 

 

SB3713- 12 -LRB102 22710 RLC 31856 b

1activities that are within the lawful scope of that business,
2such as the manufacture, transportation, or testing of those
3devices, firearms, or ammunition. This exemption does not
4authorize the general private possession of any device or
5attachment of any kind designed, used, or intended for use in
6silencing the report of any firearm, but only such possession
7and activities as are within the lawful scope of a licensed
8manufacturing business described in this subsection (g-5).
9During transportation, these devices shall be detached from
10any weapon or not immediately accessible.
11    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any parole agent or parole
13supervisor who meets the qualifications and conditions
14prescribed in Section 3-14-1.5 of the Unified Code of
15Corrections.
16    (g-7) Subsection 24-1(a)(6) does not apply to a peace
17officer while serving as a member of a tactical response team
18or special operations team. A peace officer may not personally
19own or apply for ownership of a device or attachment of any
20kind designed, used, or intended for use in silencing the
21report of any firearm. These devices shall be owned and
22maintained by lawfully recognized units of government whose
23duties include the investigation of criminal acts.
24    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
26athlete's possession, transport on official Olympic and

 

 

SB3713- 13 -LRB102 22710 RLC 31856 b

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

 

 

SB3713- 14 -LRB102 22710 RLC 31856 b

1Identification Card.
2(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
3    (Text of Section after amendment by P.A. 102-152)
4    Sec. 24-2. Exemptions.
5    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
7the following:
8        (1) Peace officers, and any person summoned by a peace
9    officer to assist in making arrests or preserving the
10    peace, while actually engaged in assisting such officer.
11        (2) Wardens, superintendents and keepers of prisons,
12    penitentiaries, jails and other institutions for the
13    detention of persons accused or convicted of an offense,
14    while in the performance of their official duty, or while
15    commuting between their homes and places of employment.
16        (3) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard or the
18    Reserve Officers Training Corps, while in the performance
19    of their official duty.
20        (4) Special agents employed by a railroad or a public
21    utility to perform police functions, and guards of armored
22    car companies, while actually engaged in the performance
23    of the duties of their employment or commuting between
24    their homes and places of employment; and watchmen while
25    actually engaged in the performance of the duties of their

 

 

SB3713- 15 -LRB102 22710 RLC 31856 b

1    employment.
2        (5) Persons licensed as private security contractors,
3    private detectives, or private alarm contractors, or
4    employed by a private security contractor, private
5    detective, or private alarm contractor agency licensed by
6    the Department of Financial and Professional Regulation,
7    if their duties include the carrying of a weapon under the
8    provisions of the Private Detective, Private Alarm,
9    Private Security, Fingerprint Vendor, and Locksmith Act of
10    2004, while actually engaged in the performance of the
11    duties of their employment or commuting between their
12    homes and places of employment. A person shall be
13    considered eligible for this exemption if he or she has
14    completed the required 20 hours of training for a private
15    security contractor, private detective, or private alarm
16    contractor, or employee of a licensed private security
17    contractor, private detective, or private alarm contractor
18    agency and 28 hours of required firearm training, and has
19    been issued a firearm control card by the Department of
20    Financial and Professional Regulation. Conditions for the
21    renewal of firearm control cards issued under the
22    provisions of this Section shall be the same as for those
23    cards issued under the provisions of the Private
24    Detective, Private Alarm, Private Security, Fingerprint
25    Vendor, and Locksmith Act of 2004. The firearm control
26    card shall be carried by the private security contractor,

 

 

SB3713- 16 -LRB102 22710 RLC 31856 b

1    private detective, or private alarm contractor, or
2    employee of the licensed private security contractor,
3    private detective, or private alarm contractor agency at
4    all times when he or she is in possession of a concealable
5    weapon permitted by his or her firearm control card.
6        (6) Any person regularly employed in a commercial or
7    industrial operation as a security guard for the
8    protection of persons employed and private property
9    related to such commercial or industrial operation, while
10    actually engaged in the performance of his or her duty or
11    traveling between sites or properties belonging to the
12    employer, and who, as a security guard, is a member of a
13    security force registered with the Department of Financial
14    and Professional Regulation; provided that such security
15    guard has successfully completed a course of study,
16    approved by and supervised by the Department of Financial
17    and Professional Regulation, consisting of not less than
18    48 hours of training that includes the theory of law
19    enforcement, liability for acts, and the handling of
20    weapons. A person shall be considered eligible for this
21    exemption if he or she has completed the required 20 hours
22    of training for a security officer and 28 hours of
23    required firearm training, and has been issued a firearm
24    control card by the Department of Financial and
25    Professional Regulation. Conditions for the renewal of
26    firearm control cards issued under the provisions of this

 

 

SB3713- 17 -LRB102 22710 RLC 31856 b

1    Section shall be the same as for those cards issued under
2    the provisions of the Private Detective, Private Alarm,
3    Private Security, Fingerprint Vendor, and Locksmith Act of
4    2004. The firearm control card shall be carried by the
5    security guard at all times when he or she is in possession
6    of a concealable weapon permitted by his or her firearm
7    control card.
8        (7) Agents and investigators of the Illinois
9    Legislative Investigating Commission authorized by the
10    Commission to carry the weapons specified in subsections
11    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
12    any investigation for the Commission.
13        (8) Persons employed by a financial institution as a
14    security guard for the protection of other employees and
15    property related to such financial institution, while
16    actually engaged in the performance of their duties,
17    commuting between their homes and places of employment, or
18    traveling between sites or properties owned or operated by
19    such financial institution, and who, as a security guard,
20    is a member of a security force registered with the
21    Department; provided that any person so employed has
22    successfully completed a course of study, approved by and
23    supervised by the Department of Financial and Professional
24    Regulation, consisting of not less than 48 hours of
25    training which includes theory of law enforcement,
26    liability for acts, and the handling of weapons. A person

 

 

SB3713- 18 -LRB102 22710 RLC 31856 b

1    shall be considered to be eligible for this exemption if
2    he or she has completed the required 20 hours of training
3    for a security officer and 28 hours of required firearm
4    training, and has been issued a firearm control card by
5    the Department of Financial and Professional Regulation.
6    Conditions for renewal of firearm control cards issued
7    under the provisions of this Section shall be the same as
8    for those issued under the provisions of the Private
9    Detective, Private Alarm, Private Security, Fingerprint
10    Vendor, and Locksmith Act of 2004. The firearm control
11    card shall be carried by the security guard at all times
12    when he or she is in possession of a concealable weapon
13    permitted by his or her firearm control card. For purposes
14    of this subsection, "financial institution" means a bank,
15    savings and loan association, credit union or company
16    providing armored car services.
17        (9) Any person employed by an armored car company to
18    drive an armored car, while actually engaged in the
19    performance of his duties.
20        (10) Persons who have been classified as peace
21    officers pursuant to the Peace Officer Fire Investigation
22    Act.
23        (11) Investigators of the Office of the State's
24    Attorneys Appellate Prosecutor authorized by the board of
25    governors of the Office of the State's Attorneys Appellate
26    Prosecutor to carry weapons pursuant to Section 7.06 of

 

 

SB3713- 19 -LRB102 22710 RLC 31856 b

1    the State's Attorneys Appellate Prosecutor's Act.
2        (12) Special investigators appointed by a State's
3    Attorney under Section 3-9005 of the Counties Code.
4        (12.5) Probation officers while in the performance of
5    their duties, or while commuting between their homes,
6    places of employment or specific locations that are part
7    of their assigned duties, with the consent of the chief
8    judge of the circuit for which they are employed, if they
9    have received weapons training according to requirements
10    of the Peace Officer and Probation Officer Firearm
11    Training Act.
12        (13) Court Security Officers while in the performance
13    of their official duties, or while commuting between their
14    homes and places of employment, with the consent of the
15    Sheriff.
16        (13.5) A person employed as an armed security guard at
17    a nuclear energy, storage, weapons or development site or
18    facility regulated by the Nuclear Regulatory Commission
19    who has completed the background screening and training
20    mandated by the rules and regulations of the Nuclear
21    Regulatory Commission.
22        (14) Manufacture, transportation, or sale of weapons
23    to persons authorized under subdivisions (1) through
24    (13.5) of this subsection to possess those weapons.
25    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26to or affect any person carrying a concealed pistol, revolver,

 

 

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1or handgun and the person has been issued a currently valid
2license under the Firearm Concealed Carry Act at the time of
3the commission of the offense.
4     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect a qualified current or retired law enforcement
6officer qualified under the laws of this State or under the
7federal Law Enforcement Officers Safety Act.
8    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10        (1) Members of any club or organization organized for
11    the purpose of practicing shooting at targets upon
12    established target ranges, whether public or private, and
13    patrons of such ranges, while such members or patrons are
14    using their firearms on those target ranges.
15        (2) Duly authorized military or civil organizations
16    while parading, with the special permission of the
17    Governor.
18        (3) Hunters, trappers or fishermen with a license or
19    permit while engaged in hunting, trapping or fishing.
20        (4) Transportation of weapons that are broken down in
21    a non-functioning state or are not immediately accessible.
22        (5) Carrying or possessing any pistol, revolver, stun
23    gun or taser or other firearm on the land or in the legal
24    dwelling of another person as an invitee with that
25    person's permission.
26    (c) Subsection 24-1(a)(7) does not apply to or affect any

 

 

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

 

 

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1    are within the lawful scope of a licensed manufacturing
2    business described in this paragraph.
3        During transportation, such weapons shall be broken
4    down in a non-functioning state or not immediately
5    accessible.
6        (6) The manufacture, transport, testing, delivery,
7    transfer or sale, and all lawful commercial or
8    experimental activities necessary thereto, of rifles,
9    shotguns, and weapons made from rifles or shotguns, or
10    ammunition for such rifles, shotguns or weapons, where
11    engaged in by a person operating as a contractor or
12    subcontractor pursuant to a contract or subcontract for
13    the development and supply of such rifles, shotguns,
14    weapons or ammunition to the United States government or
15    any branch of the Armed Forces of the United States, when
16    such activities are necessary and incident to fulfilling
17    the terms of such contract.
18        The exemption granted under this subdivision (c)(6)
19    shall also apply to any authorized agent of any such
20    contractor or subcontractor who is operating within the
21    scope of his employment, where such activities involving
22    such weapon, weapons or ammunition are necessary and
23    incident to fulfilling the terms of such contract.
24        (7) A person possessing a rifle with a barrel or
25    barrels less than 16 inches in length if: (A) the person
26    has been issued a Curios and Relics license from the U.S.

 

 

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1    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
2    (B) the person is an active member of a bona fide,
3    nationally recognized military re-enacting group and the
4    modification is required and necessary to accurately
5    portray the weapon for historical re-enactment purposes;
6    the re-enactor is in possession of a valid and current
7    re-enacting group membership credential; and the overall
8    length of the weapon as modified is not less than 26
9    inches.
10    (d) Subsection 24-1(a)(1) does not apply to the purchase,
11possession or carrying of a black-jack or slung-shot by a
12peace officer.
13    (e) Subsection 24-1(a)(8) does not apply to any owner,
14manager or authorized employee of any place specified in that
15subsection nor to any law enforcement officer.
16    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17Section 24-1.6 do not apply to members of any club or
18organization organized for the purpose of practicing shooting
19at targets upon established target ranges, whether public or
20private, while using their firearms on those target ranges.
21    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22to:
23        (1) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while in
25    the performance of their official duty.
26        (2) Bonafide collectors of antique or surplus military

 

 

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

 

 

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1and activities as are within the lawful scope of a licensed
2manufacturing business described in this subsection (g-5).
3During transportation, these devices shall be detached from
4any weapon or not immediately accessible.
5    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any parole agent or parole
7supervisor who meets the qualifications and conditions
8prescribed in Section 3-14-1.5 of the Unified Code of
9Corrections.
10    (g-7) Subsection 24-1(a)(6) does not apply to a peace
11officer while serving as a member of a tactical response team
12or special operations team. A peace officer may not personally
13own or apply for ownership of a device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm. These devices shall be owned and
16maintained by lawfully recognized units of government whose
17duties include the investigation of criminal acts.
18    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any currently employed or
20retired:
21        (1) State correctional officer who meets the
22    qualifications and conditions prescribed in Section 3-2-14
23    of the Unified Code of Corrections; or
24        (2) county correctional officer who meets the
25    qualifications and conditions prescribed in Section 26.1
26    of the County Jail Act.

 

 

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1    (g-10) (Blank).
2    (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any
4exemptions contained in this Article. The defendant shall have
5the burden of proving such an exemption.
6    (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm
9consigned to a common carrier operating under license of the
10State of Illinois or the federal government, where such
11transportation, carrying, or possession is incident to the
12lawful transportation in which such common carrier is engaged;
13and nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession of any
15pistol, revolver, stun gun, taser, or other firearm, not the
16subject of and regulated by subsection 24-1(a)(7) or
17subsection 24-2(c) of this Article, which is unloaded and
18enclosed in a case, firearm carrying box, shipping box, or
19other container, by the possessor of a valid Firearm Owners
20Identification Card.
21(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
22    Section 10. The Unified Code of Corrections is amended by
23adding Section 3-2-14 as follows:
 
24    (730 ILCS 5/3-2-14 new)

 

 

SB3713- 27 -LRB102 22710 RLC 31856 b

1    Sec. 3-2-14. State correctional officers; off-duty
2firearms.
3    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 of the Criminal Code of 2012 do not apply to currently
5employed or retired State correctional officers who meet the
6following conditions:
7        (1) The currently employed or retired State
8    correctional officer must be at least 21 years of age and
9    possess a valid Firearm Owner's Identification Card as
10    prescribed in the Firearm Owners Identification Card Act,
11    receive training in the use of firearms while off duty
12    conducted by the Illinois Law Enforcement Training
13    Standards Board, and be certified as successfully
14    completing the training by the Board. The Board shall
15    determine the amount of the training and the course
16    content for the training. The currently employed or
17    retired State correctional officer shall requalify for the
18    firearms training annually at a State range certified by
19    the Illinois Law Enforcement Training Standards Board. The
20    expenses of the retraining shall be paid by the currently
21    employed or retired State correctional officer and moneys
22    for the costs of the requalification shall be expended at
23    the request of the Illinois Law Enforcement Training
24    Standards Board.
25        (2) The currently employed or retired State
26    correctional officer shall purchase the firearm at his or

 

 

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1    her own expense and shall register the firearm with the
2    Illinois State Police and with any other local law
3    enforcement agencies that require the registration.
4        (3) The currently employed or retired State
5    correctional officer may not carry any Illinois Department
6    of Corrections or Department of Juvenile Justice
7    State-issued firearm while off duty. A person who violates
8    this paragraph (3) is subject to disciplinary action by
9    the Illinois Department of Corrections or the Department
10    of Juvenile Justice.
11        (4) State correctional officers who are or were
12    discharged from employment by the Illinois Department of
13    Corrections or the Department of Juvenile Justice for
14    cause shall no longer be considered law enforcement
15    officials and all their rights as law enforcement
16    officials shall be revoked permanently, unless employed
17    thereafter by the Department of Corrections or the
18    Department of Juvenile Justice.
19    (b) As used in this Section, "State correctional officer"
20means an employee of the Department of Corrections or the
21Department of Juvenile Justice who has custody and control
22over inmates in an adult or juvenile correctional facility.
 
23    Section 15. The County Jail Act is amended by adding
24Section 26.1 as follows:
 

 

 

SB3713- 29 -LRB102 22710 RLC 31856 b

1    (730 ILCS 125/26.1 new)
2    Sec. 26.1. County correctional officers; off-duty
3firearms.
4    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 of the Criminal Code of 2012 do not apply to currently
6employed or retired county correctional officers who meet the
7following conditions:
8        (1) The currently employed or retired county
9    correctional officer must be at least 21 years of age and
10    possess a valid Firearm Owner's Identification Card as
11    prescribed in the Firearm Owners Identification Card Act,
12    receive training in the use of firearms while off duty
13    conducted by the Illinois Law Enforcement Training
14    Standards Board, and be certified as successfully
15    completing the training by the Board. The Board shall
16    determine the amount of the training and the course
17    content for the training. The currently employed or
18    retired county correctional officer shall requalify for
19    the firearms training annually at a State range certified
20    by the Illinois Law Enforcement Training Standards Board.
21    The expenses of the retraining shall be paid by the
22    currently employed or retired county correctional officer
23    and moneys for the costs of the requalification shall be
24    expended at the request of the Illinois Law Enforcement
25    Training Standards Board.
26        (2) The currently employed or retired county

 

 

SB3713- 30 -LRB102 22710 RLC 31856 b

1    correctional officer shall purchase the firearm at his or
2    her own expense and shall register the firearm with the
3    Illinois State Police and with any other local law
4    enforcement agencies that require the registration.
5        (3) The currently employed or retired county
6    correctional officer may not carry any county
7    sheriff-issued firearm while off duty. A person who
8    violates this paragraph (3) is subject to disciplinary
9    action by the county sheriff.
10        (4) County correctional officers who are or were
11    discharged from employment by a county sheriff for cause
12    shall no longer be considered law enforcement officials
13    and all their rights as law enforcement officials shall be
14    revoked permanently, unless employed thereafter by a
15    county sheriff.
16    (b) As used in this Section, "county correctional officer"
17means an employee of the county who has custody and control
18over inmates in a county jail or juvenile detention center.
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.