Illinois General Assembly - Full Text of SB0686
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Full Text of SB0686  93rd General Assembly

SB0686enr 93rd General Assembly


093_SB0686enr

 
SB686 Enrolled                       LRB093 03577 RLC 10998 b

 1        AN ACT in relation to criminal law.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 24-2 as follows:

 6        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
 7        Sec. 24-2.  Exemptions.
 8        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
 9    and Section 24-1.6 do not apply  to  or  affect  any  of  the
10    following:
11             (1)  Peace  officers,  and  any person summoned by a
12        peace officer to assist in making arrests  or  preserving
13        the  peace,  while  actually  engaged  in  assisting such
14        officer.
15             (2)  Wardens,   superintendents   and   keepers   of
16        prisons, penitentiaries, jails and other institutions for
17        the detention of  persons  accused  or  convicted  of  an
18        offense, while in the performance of their official duty,
19        or  while  commuting  between  their  homes and places of
20        employment.
21             (3)  Members of the Armed Services or Reserve Forces
22        of the United States or the Illinois  National  Guard  or
23        the   Reserve  Officers  Training  Corps,  while  in  the
24        performance of their official duty.
25             (4)  Special agents employed  by  a  railroad  or  a
26        public utility to perform police functions, and guards of
27        armored  car  companies,  while  actually  engaged in the
28        performance  of  the  duties  of  their   employment   or
29        commuting  between  their homes and places of employment;
30        and watchmen while actually engaged in the performance of
31        the duties of their employment.
 
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 1             (5)  Persons   licensed    as    private    security
 2        contractors,   private   detectives,   or  private  alarm
 3        contractors, or employed by an agency  certified  by  the
 4        Department  of  Professional  Regulation, if their duties
 5        include the carrying of a weapon under the provisions  of
 6        the   Private   Detective,  Private  Alarm,  and  Private
 7        Security Act of  1983,  while  actually  engaged  in  the
 8        performance   of   the  duties  of  their  employment  or
 9        commuting between their homes and places  of  employment,
10        provided  that  such commuting is accomplished within one
11        hour from departure from home or place of employment,  as
12        the case may be.  Persons exempted under this subdivision
13        (a)(5)  shall  be required to have completed  a course of
14        study in firearms  handling  and  training  approved  and
15        supervised  by  the Department of Professional Regulation
16        as prescribed by Section 28  of  the  Private  Detective,
17        Private Alarm, and Private Security Act of 1983, prior to
18        becoming  eligible for this exemption.  The Department of
19        Professional   Regulation    shall    provide    suitable
20        documentation  demonstrating the successful completion of
21        the prescribed  firearms  training.   Such  documentation
22        shall  be  carried  at all times when such persons are in
23        possession of a concealable weapon.
24             (6)  Any person regularly employed in  a  commercial
25        or  industrial  operation  as  a  security  guard for the
26        protection  of  persons  employed  and  private  property
27        related to such commercial or industrial operation, while
28        actually engaged in the performance of his or her duty or
29        traveling between sites or properties  belonging  to  the
30        employer,  and who, as a security guard, is a member of a
31        security force of at least 5 persons registered with  the
32        Department of Professional Regulation; provided that such
33        security  guard  has  successfully  completed a course of
34        study, approved by and supervised by  the  Department  of
 
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 1        Professional  Regulation,  consisting of not less than 40
 2        hours  of  training  that  includes  the  theory  of  law
 3        enforcement, liability for  acts,  and  the  handling  of
 4        weapons.   A person shall be considered eligible for this
 5        exemption if he or she  has  completed  the  required  20
 6        hours  of training for a security officer and 20 hours of
 7        required firearm training, and has been issued a  firearm
 8        authorization  card  by  the  Department  of Professional
 9        Regulation.   Conditions  for  the  renewal  of   firearm
10        authorization  cards  issued under the provisions of this
11        Section shall be the same as for those cards issued under
12        the provisions of the Private  Detective,  Private  Alarm
13        and   Private   Security   Act  of  1983.   Such  firearm
14        authorization card shall be carried by the security guard
15        at all times when  he  or  she  is  in  possession  of  a
16        concealable weapon.
17             (7)  Agents   and   investigators  of  the  Illinois
18        Legislative Investigating Commission  authorized  by  the
19        Commission  to carry the weapons specified in subsections
20        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21        any investigation for the Commission.
22             (8)  Persons employed by a financial institution for
23        the protection of other employees and property related to
24        such financial institution, while actually engaged in the
25        performance of  their  duties,  commuting  between  their
26        homes  and  places  of  employment,  or traveling between
27        sites or properties owned or operated by  such  financial
28        institution,  provided  that  any  person so employed has
29        successfully completed a course of study, approved by and
30        supervised by the Department of Professional  Regulation,
31        consisting  of  not  less than 40 hours of training which
32        includes theory of law enforcement, liability  for  acts,
33        and the handling of weapons. A person shall be considered
34        to  be  eligible  for  this  exemption  if  he or she has
 
SB686 Enrolled             -4-       LRB093 03577 RLC 10998 b
 1        completed  the  required  20  hours  of  training  for  a
 2        security  officer  and  20  hours  of  required   firearm
 3        training,  and  has  been  issued a firearm authorization
 4        card  by  the  Department  of  Professional   Regulation.
 5        Conditions  for  renewal  of  firearm authorization cards
 6        issued under the provisions of this Section shall be  the
 7        same  as  for  those  issued  under the provisions of the
 8        Private Detective, Private Alarm and Private Security Act
 9        of  1983.   Such  firearm  authorization  card  shall  be
10        carried by the person so trained at all times  when  such
11        person  is  in  possession  of a concealable weapon.  For
12        purposes  of  this  subsection,  "financial  institution"
13        means a bank, savings and loan association, credit  union
14        or company providing armored car services.
15             (9)  Any  person  employed by an armored car company
16        to drive an armored car, while actually  engaged  in  the
17        performance of his duties.
18             (10)  Persons  who  have  been  classified  as peace
19        officers pursuant to the Peace Officer Fire Investigation
20        Act.
21             (11)  Investigators of the  Office  of  the  State's
22        Attorneys Appellate Prosecutor authorized by the board of
23        governors   of   the  Office  of  the  State's  Attorneys
24        Appellate Prosecutor to carry weapons pursuant to Section
25        7.06 of the State's Attorneys Appellate Prosecutor's Act.
26             (12)  Special investigators appointed by  a  State's
27        Attorney under Section 3-9005 of the Counties Code.
28             (13)  Court   Security   Officers   while   in   the
29        performance  of their official duties, or while commuting
30        between their homes and places of  employment,  with  the
31        consent of the Sheriff.
32             (13.5)  A person employed as an armed security guard
33        at a nuclear energy, storage, weapons or development site
34        or   facility   regulated   by   the  Nuclear  Regulatory
 
SB686 Enrolled             -5-       LRB093 03577 RLC 10998 b
 1        Commission who has completed the background screening and
 2        training mandated by the rules  and  regulations  of  the
 3        Nuclear Regulatory Commission.
 4             (14)  Manufacture,   transportation,   or   sale  of
 5        weapons to  persons  authorized  under  subdivisions  (1)
 6        through  (13.5)  of  this  subsection  to  possess  those
 7        weapons.
 8        (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
 9    24-1.6 do not apply to or affect any of the following:
10             (1)  Members of any club or  organization  organized
11        for  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
19        or permit while engaged in hunting, trapping or fishing.
20             (4)  Transportation  of weapons that are broken down
21        in  a  non-functioning  state  or  are  not   immediately
22        accessible.
23        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
24    any of the following:
25             (1)  Peace officers while in  performance  of  their
26        official duties.
27             (2)  Wardens,   superintendents   and   keepers   of
28        prisons, penitentiaries, jails and other institutions for
29        the  detention  of  persons  accused  or  convicted of an
30        offense.
31             (3)  Members of the Armed Services or Reserve Forces
32        of the United States  or  the  Illinois  National  Guard,
33        while in the performance of their official duty.
34             (4)  Manufacture, transportation, or sale of machine
 
SB686 Enrolled             -6-       LRB093 03577 RLC 10998 b
 1        guns to persons authorized under subdivisions (1) through
 2        (3)  of  this  subsection to possess machine guns, if the
 3        machine guns are broken down in a  non-functioning  state
 4        or are not immediately accessible.
 5             (5)  Persons   licensed   under   federal   law   to
 6        manufacture  any  weapon  from  which  8 or more shots or
 7        bullets can be discharged by a  single  function  of  the
 8        firing  device,  or  ammunition  for  such  weapons,  and
 9        actually  engaged  in  the business of manufacturing such
10        weapons  or  ammunition,  but  only   with   respect   to
11        activities  which  are  within  the  lawful scope of such
12        business, such as  the  manufacture,  transportation,  or
13        testing  of  such  weapons or ammunition.  This exemption
14        does not authorize the general private possession of  any
15        weapon  from  which  8  or  more  shots or bullets can be
16        discharged by a single function of the firing device, but
17        only such possession and activities  as  are  within  the
18        lawful   scope   of  a  licensed  manufacturing  business
19        described in this paragraph.
20             During transportation, such weapons shall be  broken
21        down  in  a  non-functioning  state  or  not  immediately
22        accessible.
23             (6)  The  manufacture, transport, testing, delivery,
24        transfer  or  sale,  and   all   lawful   commercial   or
25        experimental  activities  necessary  thereto,  of rifles,
26        shotguns, and weapons made from rifles  or  shotguns,  or
27        ammunition  for  such  rifles, shotguns or weapons, where
28        engaged in by a  person  operating  as  a  contractor  or
29        subcontractor  pursuant  to a contract or subcontract for
30        the development and  supply  of  such  rifles,  shotguns,
31        weapons  or ammunition to the United States government or
32        any branch of the Armed Forces of the United States, when
33        such activities are necessary and incident to  fulfilling
34        the terms of such contract.
 
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 1             The  exemption granted under this subdivision (c)(6)
 2        shall also apply to any  authorized  agent  of  any  such
 3        contractor  or  subcontractor who is operating within the
 4        scope of his employment, where such activities  involving
 5        such  weapon,  weapons  or  ammunition  are necessary and
 6        incident to fulfilling the terms of such contract.
 7             During transportation,  any  such  weapon  shall  be
 8        broken   down   in   a   non-functioning  state,  or  not
 9        immediately accessible.
10        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
11    purchase,   possession   or   carrying  of  a  black-jack  or
12    slung-shot by a peace officer.
13        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
14    manager or authorized employee of any place specified in that
15    subsection nor to any law enforcement officer.
16        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17    Section  24-1.6  do  not  apply  to  members  of  any club or
18    organization organized for the purpose of practicing shooting
19    at targets upon established target ranges, whether public  or
20    private, while using their firearms on those target ranges.
21        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
22    apply to:
23             (1)  Members of the Armed Services or Reserve Forces
24        of  the  United  States  or  the Illinois National Guard,
25        while in the performance of their official duty.
26             (2)  Bonafide  collectors  of  antique  or   surplus
27        military ordinance.
28             (3)  Laboratories  having  a  department of forensic
29        ballistics,  or  specializing  in  the   development   of
30        ammunition or explosive ordinance.
31             (4)  Commerce,  preparation,  assembly or possession
32        of  explosive  bullets  by  manufacturers  of  ammunition
33        licensed by the federal government,  in  connection  with
34        the supply of those organizations and persons exempted by
 
SB686 Enrolled             -8-       LRB093 03577 RLC 10998 b
 1        subdivision (g)(1) of this Section, or like organizations
 2        and  persons outside this State, or the transportation of
 3        explosive bullets to any organization or person  exempted
 4        in this Section by a common carrier or by a vehicle owned
 5        or leased by an exempted manufacturer.
 6        (g-5)  Subsection  24-1(a)(6) does not apply to or affect
 7    persons licensed under federal law to manufacture any  device
 8    or attachment of any kind designed, used, or intended for use
 9    in   silencing  the  report  of  any  firearm,  firearms,  or
10    ammunition for those firearms equipped  with  those  devices,
11    and  actually  engaged in the business of manufacturing those
12    devices, firearms, or ammunition, but only  with  respect  to
13    activities that are within the lawful scope of that business,
14    such  as the manufacture, transportation, or testing of those
15    devices, firearms, or ammunition.  This  exemption  does  not
16    authorize  the  general  private  possession of any device or
17    attachment of any kind designed, used, or intended for use in
18    silencing the report of any firearm, but only such possession
19    and activities as are within the lawful scope of  a  licensed
20    manufacturing  business  described  in this subsection (g-5).
21    During transportation, those devices shall be  detached  from
22    any weapon or not immediately accessible.
23        (h)  An  information or indictment based upon a violation
24    of any subsection of  this  Article  need  not  negative  any
25    exemptions  contained  in  this Article.  The defendant shall
26    have the burden of proving such an exemption.
27        (i)  Nothing in this Article shall prohibit, apply to, or
28    affect the transportation, carrying, or  possession,  of  any
29    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
30    consigned  to a common carrier operating under license of the
31    State of Illinois  or  the  federal  government,  where  such
32    transportation,  carrying,  or  possession is incident to the
33    lawful  transportation  in  which  such  common  carrier   is
34    engaged;  and  nothing  in this Article shall prohibit, apply
 
SB686 Enrolled             -9-       LRB093 03577 RLC 10998 b
 1    to, or affect the transportation, carrying, or possession  of
 2    any  pistol, revolver, stun gun, taser, or other firearm, not
 3    the subject of and  regulated  by  subsection  24-1(a)(7)  or
 4    subsection  24-2(c)  of  this  Article, which is unloaded and
 5    enclosed in a case, firearm carrying box,  shipping  box,  or
 6    other  container,  by the possessor of a valid Firearm Owners
 7    Identification Card.
 8    (Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
 9    92-325, eff. 8-9-01.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.