Full Text of HB1098 94th General Assembly
HB1098ham001 94TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/9/2005
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| AMENDMENT TO HOUSE BILL 1098
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| AMENDMENT NO. ______. Amend House Bill 1098 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 24-1 and 24-2 and by adding Section 24-0.5 as | 6 |
| follows: | 7 |
| (720 ILCS 5/24-0.5 new)
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| Sec. 24-0.5. Definitions. For purposes of this Article: | 9 |
| "50 caliber rifle" means a
centerfire rifle capable of | 10 |
| firing a 50 caliber cartridge. The term "50 caliber rifle" does | 11 |
| not include any antique firearm as defined in 18 U.S.C. Section | 12 |
| 921(a)(16). | 13 |
| "50 caliber cartridge" means a
cartridge in 50 caliber, | 14 |
| either by designation or actual measurement, including, but not | 15 |
| limited to, a .50 BMG cartridge. "50 caliber cartridge" does | 16 |
| not include any memorabilia or display item that is filled with | 17 |
| a permanent inert substance or that is otherwise permanently | 18 |
| altered in a manner that prevents ready modification for use as | 19 |
| live ammunition. | 20 |
| ".50 BMG cartridge" means a cartridge that is designed and | 21 |
| intended to be fired from a centerfire rifle and that meets all | 22 |
| of the following criteria: | 23 |
| (1) It has an overall length of 5.45 inches from the | 24 |
| base to the
tip of the bullet. |
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| (2) The bullet diameter for the cartridge is from .510 | 2 |
| to, and
including, .511 inch. | 3 |
| (3) The case base diameter for the cartridge is from | 4 |
| .800 inch to,
and including, .804 inch. | 5 |
| (4) The cartridge case length is 3.91 inches. | 6 |
| A ".50 BMG rifle" does not include any "antique firearm" | 7 |
| nor
any curio or relic as defined in Section 178.11 of Title 27 | 8 |
| of the
Code of Federal Regulations.
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits the offense of unlawful use of weapons | 12 |
| when
he knowingly:
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| (1) Sells, manufactures, purchases, possesses or | 14 |
| carries any bludgeon,
black-jack, slung-shot, sand-club, | 15 |
| sand-bag, metal knuckles, throwing star,
or any knife, | 16 |
| commonly referred to as a switchblade knife, which has a
| 17 |
| blade that opens automatically by hand pressure applied to | 18 |
| a button,
spring or other device in the handle of the | 19 |
| knife, or a ballistic knife,
which is a device that propels | 20 |
| a knifelike blade as a projectile by means
of a coil | 21 |
| spring, elastic material or compressed gas; or
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| (2) Carries or possesses with intent to use the same | 23 |
| unlawfully
against another, a dagger, dirk, billy, | 24 |
| dangerous knife, razor,
stiletto, broken bottle or other | 25 |
| piece of glass, stun gun or taser or
any other dangerous or | 26 |
| deadly weapon or instrument of like character; or
| 27 |
| (3) Carries on or about his person or in any vehicle, a | 28 |
| tear gas gun
projector or bomb or any object containing | 29 |
| noxious liquid gas or
substance, other than an object | 30 |
| containing a non-lethal noxious liquid gas
or substance | 31 |
| designed solely for personal defense carried by a person 18
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| years of age or older; or
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| (4) Carries or possesses in any vehicle or concealed on |
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| or about his
person except when on his land or in his own | 2 |
| abode or fixed place of
business any pistol, revolver, stun | 3 |
| gun or taser or other firearm, except
that
this subsection | 4 |
| (a) (4) does not apply to or affect transportation of | 5 |
| weapons
that meet one of the following conditions:
| 6 |
| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 9 |
| carrying box,
shipping box, or other container by a | 10 |
| person who has been issued a currently
valid Firearm | 11 |
| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind | 14 |
| designed, used or
intended for use in silencing the report | 15 |
| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or | 17 |
| carries:
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| (i) a machine gun, which shall be defined for the | 19 |
| purposes of this
subsection as any weapon,
which | 20 |
| shoots, is designed to shoot, or can be readily | 21 |
| restored to shoot,
automatically more than one shot | 22 |
| without manually reloading by a single
function of the | 23 |
| trigger, including the frame or receiver
of any such | 24 |
| weapon, or sells, manufactures, purchases, possesses, | 25 |
| or
carries any combination of parts designed or | 26 |
| intended for
use in converting any weapon into a | 27 |
| machine gun, or any combination or
parts from which a | 28 |
| machine gun can be assembled if such parts are in the
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than | 31 |
| 16 inches in length or a shotgun having one or more
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| barrels less than 18 inches in length or any weapon | 33 |
| made from a rifle or
shotgun, whether by alteration, | 34 |
| modification, or otherwise, if such a weapon
as |
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| modified has an overall length of less than 26 inches; | 2 |
| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or | 4 |
| other container containing an
explosive substance of | 5 |
| over one-quarter ounce for like purposes, such
as, but | 6 |
| not limited to, black powder bombs and Molotov | 7 |
| cocktails or
artillery projectiles; or
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| (iv) any 50 caliber rifle or 50 caliber ammunition; | 9 |
| or
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| (8) Carries or possesses any firearm, stun gun or taser | 11 |
| or other
deadly weapon in any place which is licensed to | 12 |
| sell intoxicating
beverages, or at any public gathering | 13 |
| held pursuant to a license issued
by any governmental body | 14 |
| or any public gathering at which an admission
is charged, | 15 |
| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is | 17 |
| conducted.
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| This subsection (a)(8) does not apply to any auction or | 19 |
| raffle of a firearm
held pursuant to
a license or permit | 20 |
| issued by a governmental body, nor does it apply to persons
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| engaged
in firearm safety training courses; or
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| (9) Carries or possesses in a vehicle or on or about | 23 |
| his person any
pistol, revolver, stun gun or taser or | 24 |
| firearm or ballistic knife, when
he is hooded, robed or | 25 |
| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon | 27 |
| any public street,
alley, or other public lands within the | 28 |
| corporate limits of a city, village
or incorporated town, | 29 |
| except when an invitee thereon or therein, for the
purpose | 30 |
| of the display of such weapon or the lawful commerce in | 31 |
| weapons, or
except when on his land or in his own abode or | 32 |
| fixed place of business, any
pistol, revolver, stun gun or | 33 |
| taser or other firearm, except that this
subsection (a) | 34 |
| (10) does not apply to or affect transportation of weapons |
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| that
meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 5 |
| carrying box,
shipping box, or other container by a | 6 |
| person who has been issued a currently
valid Firearm | 7 |
| Owner's
Identification Card.
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| A "stun gun or taser", as used in this paragraph (a) | 9 |
| means (i) any device
which is powered by electrical | 10 |
| charging units, such as, batteries, and
which fires one or | 11 |
| several barbs attached to a length of wire and
which, upon | 12 |
| hitting a human, can send out a current capable of | 13 |
| disrupting
the person's nervous system in such a manner as | 14 |
| to render him incapable of
normal functioning or (ii) any | 15 |
| device which is powered by electrical
charging units, such | 16 |
| as batteries, and which, upon contact with a human or
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| clothing worn by a human, can send out current capable of | 18 |
| disrupting
the person's nervous system in such a manner as | 19 |
| to render him incapable
of normal functioning; or
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| (11) Sells, manufactures or purchases any explosive | 21 |
| bullet. For purposes
of this paragraph (a) "explosive | 22 |
| bullet" means the projectile portion of
an ammunition | 23 |
| cartridge which contains or carries an explosive charge | 24 |
| which
will explode upon contact with the flesh of a human | 25 |
| or an animal.
"Cartridge" means a tubular metal case having | 26 |
| a projectile affixed at the
front thereof and a cap or | 27 |
| primer at the rear end thereof, with the
propellant | 28 |
| contained in such tube between the projectile and the cap; | 29 |
| or
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| (12) (Blank).
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| (b) Sentence. A person convicted of a violation of | 32 |
| subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | 33 |
| subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person | 34 |
| convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) |
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| commits a
Class 4 felony; a person
convicted of a violation of | 2 |
| subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a | 3 |
| Class 3 felony. A person convicted of a violation of subsection
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| 24-1(a)(7)(i) or subsection 24-1(a)(7)(iv) commits a Class 2 | 5 |
| felony, unless the weapon is possessed in the
passenger | 6 |
| compartment of a motor vehicle as defined in Section 1-146 of | 7 |
| the
Illinois Vehicle Code, or on the person, while the weapon | 8 |
| is loaded, in which
case it shall be a Class X felony. A person | 9 |
| convicted of a
second or subsequent violation of subsection | 10 |
| 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 11 |
| Class 3 felony.
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| (c) Violations in specific places.
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| (1) A person who violates subsection 24-1(a)(6) or | 14 |
| 24-1(a)(7) in any
school, regardless of the time of day or | 15 |
| the time of year, in residential
property owned, operated | 16 |
| or managed by a public housing agency or
leased by
a public | 17 |
| housing agency as part of a scattered site or mixed-income
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| development, in a
public park, in a courthouse, on the real | 19 |
| property comprising any school,
regardless of the
time of | 20 |
| day or the time of year, on residential property owned, | 21 |
| operated
or
managed by a public housing agency
or leased by | 22 |
| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising | 24 |
| any
public park, on the real property comprising any | 25 |
| courthouse, in any conveyance
owned, leased or contracted | 26 |
| by a school to
transport students to or from school or a | 27 |
| school related activity, or on any
public way within 1,000 | 28 |
| feet of the real property comprising any school,
public | 29 |
| park, courthouse, or residential property owned, operated, | 30 |
| or managed
by a public housing agency
or leased by a public | 31 |
| housing agency as part of a scattered site or
mixed-income | 32 |
| development
commits a Class 2 felony.
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| (1.5) A person who violates subsection 24-1(a)(4), | 34 |
| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
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| time of day or the time of year,
in residential property | 2 |
| owned, operated, or managed by a public
housing
agency
or | 3 |
| leased by a public housing agency as part of a scattered | 4 |
| site or
mixed-income development,
in
a public
park, in a | 5 |
| courthouse, on the real property comprising any school, | 6 |
| regardless
of the time of day or the time of year, on | 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,
on | 10 |
| the real property
comprising any public park, on the real | 11 |
| property comprising any courthouse, in
any conveyance | 12 |
| owned, leased, or contracted by a school to transport | 13 |
| students
to or from school or a school related activity, or | 14 |
| on any public way within
1,000 feet of the real property | 15 |
| comprising any school, public park, courthouse,
or | 16 |
| residential property owned, operated, or managed by a | 17 |
| public
housing agency
or leased by a public housing agency | 18 |
| as part of a scattered site or
mixed-income development
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| commits a Class 3 felony.
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| (2) A person who violates subsection 24-1(a)(1), | 21 |
| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 22 |
| time of day or the time of year, in
residential property | 23 |
| owned, operated or managed by a public housing
agency
or | 24 |
| leased by a public housing agency as part of a scattered | 25 |
| site or
mixed-income development,
in
a public park, in a | 26 |
| courthouse, on the real property comprising any school,
| 27 |
| regardless of the time of day or the time of year, on | 28 |
| residential property
owned, operated or managed by a public | 29 |
| housing agency
or leased by a public housing agency as part | 30 |
| of a scattered site or
mixed-income development,
on the | 31 |
| real property
comprising any public park, on the real | 32 |
| property comprising any courthouse, in
any conveyance | 33 |
| owned, leased or contracted by a school to transport | 34 |
| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property | 2 |
| comprising any school, public park, courthouse,
or | 3 |
| residential property owned, operated, or managed by a | 4 |
| public
housing agency or leased by a public housing agency | 5 |
| as part of a scattered
site or mixed-income development | 6 |
| commits a Class 4 felony. "Courthouse"
means any building | 7 |
| that is used by the Circuit, Appellate, or Supreme Court of
| 8 |
| this State for the conduct of official business.
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| (3) Paragraphs (1), (1.5), and (2) of this subsection | 10 |
| (c) shall not
apply to law
enforcement officers or security | 11 |
| officers of such school, college, or
university or to | 12 |
| students carrying or possessing firearms for use in | 13 |
| training
courses, parades, hunting, target shooting on | 14 |
| school ranges, or otherwise with
the consent of school | 15 |
| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation | 17 |
| package.
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| (4) For the purposes of this subsection (c), "school" | 19 |
| means any public or
private elementary or secondary school, | 20 |
| community college, college, or
university.
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| (d) The presence in an automobile other than a public | 22 |
| omnibus of any
weapon, instrument or substance referred to in | 23 |
| subsection (a)(7) is
prima facie evidence that it is in the | 24 |
| possession of, and is being
carried by, all persons occupying | 25 |
| such automobile at the time such
weapon, instrument or | 26 |
| substance is found, except under the following
circumstances: | 27 |
| (i) if such weapon, instrument or instrumentality is
found upon | 28 |
| the person of one of the occupants therein; or (ii) if such
| 29 |
| weapon, instrument or substance is found in an automobile | 30 |
| operated for
hire by a duly licensed driver in the due, lawful | 31 |
| and proper pursuit of
his trade, then such presumption shall | 32 |
| not apply to the driver.
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| (e) Exemptions. Crossbows, Common or Compound bows and | 34 |
| Underwater
Spearguns are exempted from the definition of |
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| ballistic knife as defined in
paragraph (1) of subsection (a) | 2 |
| of this Section.
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| (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99; | 4 |
| 91-690, eff. 4-13-00.)
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
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| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 8 |
| Section
24-1.6 do not apply to
or affect any of the following:
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| (1) Peace officers, and any person summoned by a peace | 10 |
| officer to
assist in making arrests or preserving the | 11 |
| peace, while actually engaged in
assisting such officer.
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| (2) Wardens, superintendents and keepers of prisons,
| 13 |
| penitentiaries, jails and other institutions for the | 14 |
| detention of persons
accused or convicted of an offense, | 15 |
| while in the performance of their
official duty, or while | 16 |
| commuting between their homes and places of employment.
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| (3) Members of the Armed Services or Reserve Forces of | 18 |
| the United States
or the Illinois National Guard or the | 19 |
| Reserve Officers Training Corps,
while in the performance | 20 |
| of their official duty.
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| (4) Special agents employed by a railroad or a public | 22 |
| utility to
perform police functions, and guards of armored | 23 |
| car companies, while
actually engaged in the performance of | 24 |
| the duties of their employment or
commuting between their | 25 |
| homes and places of employment; and watchmen
while actually | 26 |
| engaged in the performance of the duties of their | 27 |
| employment.
| 28 |
| (5) Persons licensed as private security contractors, | 29 |
| private
detectives, or private alarm contractors, or | 30 |
| employed by an agency
certified by the Department of | 31 |
| Professional Regulation, if their duties
include the | 32 |
| carrying of a weapon under the provisions of the Private
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| Detective, Private Alarm,
Private Security, and Locksmith |
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| Act of 2004,
while actually
engaged in the performance of | 2 |
| the duties of their employment or commuting
between their | 3 |
| homes and places of employment, provided that such | 4 |
| commuting
is accomplished within one hour from departure | 5 |
| from home or place of
employment, as the case may be. | 6 |
| Persons exempted under this subdivision
(a)(5) shall be | 7 |
| required to have completed a course of
study in firearms | 8 |
| handling and training approved and supervised by the
| 9 |
| Department of Professional Regulation as prescribed by | 10 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 11 |
| Security, and Locksmith Act of 2004, prior
to becoming | 12 |
| eligible for this exemption. The Department of | 13 |
| Professional
Regulation shall provide suitable | 14 |
| documentation demonstrating the
successful completion of | 15 |
| the prescribed firearms training. Such
documentation shall | 16 |
| be carried at all times when such persons are in
possession | 17 |
| of a concealable weapon.
| 18 |
| (6) Any person regularly employed in a commercial or | 19 |
| industrial
operation as a security guard for the protection | 20 |
| of persons employed
and private property related to such | 21 |
| commercial or industrial
operation, while actually engaged | 22 |
| in the performance of his or her
duty or traveling between | 23 |
| sites or properties belonging to the
employer, and who, as | 24 |
| a security guard, is a member of a security force of
at | 25 |
| least 5 persons registered with the Department of | 26 |
| Professional
Regulation; provided that such security guard | 27 |
| has successfully completed a
course of study, approved by | 28 |
| and supervised by the Department of
Professional | 29 |
| Regulation, consisting of not less than 40 hours of | 30 |
| training
that includes the theory of law enforcement, | 31 |
| liability for acts, and the
handling of weapons. A person | 32 |
| shall be considered eligible for this
exemption if he or | 33 |
| she has completed the required 20
hours of training for a | 34 |
| security officer and 20 hours of required firearm
training, |
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| and has been issued a firearm authorization card by
the | 2 |
| Department of Professional Regulation. Conditions for the | 3 |
| renewal of
firearm authorization cards issued under the | 4 |
| provisions of this Section
shall be the same as for those | 5 |
| cards issued under the provisions of the
Private Detective, | 6 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 7 |
| Such
firearm authorization card shall be carried by the | 8 |
| security guard at all
times when he or she is in possession | 9 |
| of a concealable weapon.
| 10 |
| (7) Agents and investigators of the Illinois | 11 |
| Legislative Investigating
Commission authorized by the | 12 |
| Commission to carry the weapons specified in
subsections | 13 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 14 |
| any investigation for the Commission.
| 15 |
| (8) Persons employed by a financial institution for the | 16 |
| protection of
other employees and property related to such | 17 |
| financial institution, while
actually engaged in the | 18 |
| performance of their duties, commuting between
their homes | 19 |
| and places of employment, or traveling between sites or
| 20 |
| properties owned or operated by such financial | 21 |
| institution, provided that
any person so employed has | 22 |
| successfully completed a course of study,
approved by and | 23 |
| supervised by the Department of Professional Regulation,
| 24 |
| consisting of not less than 40 hours of training which | 25 |
| includes theory of
law enforcement, liability for acts, and | 26 |
| the handling of weapons.
A person shall be considered to be | 27 |
| eligible for this exemption if he or
she has completed the | 28 |
| required 20 hours of training for a security officer
and 20 | 29 |
| hours of required firearm training, and has been issued a
| 30 |
| firearm authorization card by the Department of | 31 |
| Professional Regulation.
Conditions for renewal of firearm | 32 |
| authorization cards issued under the
provisions of this | 33 |
| Section shall be the same as for those issued under the
| 34 |
| provisions of the Private Detective, Private Alarm,
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| Private Security, and Locksmith Act of 2004.
Such firearm | 2 |
| authorization card shall be carried by the person so
| 3 |
| trained at all times when such person is in possession of a | 4 |
| concealable
weapon. For purposes of this subsection, | 5 |
| "financial institution" means a
bank, savings and loan | 6 |
| association, credit union or company providing
armored car | 7 |
| services.
| 8 |
| (9) Any person employed by an armored car company to | 9 |
| drive an armored
car, while actually engaged in the | 10 |
| performance of his duties.
| 11 |
| (10) Persons who have been classified as peace officers | 12 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 13 |
| (11) Investigators of the Office of the State's | 14 |
| Attorneys Appellate
Prosecutor authorized by the board of | 15 |
| governors of the Office of the
State's Attorneys Appellate | 16 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 17 |
| State's Attorneys Appellate Prosecutor's Act.
| 18 |
| (12) Special investigators appointed by a State's | 19 |
| Attorney under
Section 3-9005 of the Counties Code.
| 20 |
| (12.5) Probation officers while in the performance of | 21 |
| their duties, or
while commuting between their homes, | 22 |
| places of employment or specific locations
that are part of | 23 |
| their assigned duties, with the consent of the chief judge | 24 |
| of
the circuit for which they are employed.
| 25 |
| (13) Court Security Officers while in the performance | 26 |
| of their official
duties, or while commuting between their | 27 |
| homes and places of employment, with
the
consent of the | 28 |
| Sheriff.
| 29 |
| (13.5) A person employed as an armed security guard at | 30 |
| a nuclear energy,
storage, weapons or development site or | 31 |
| facility regulated by the Nuclear
Regulatory Commission | 32 |
| who has completed the background screening and training
| 33 |
| mandated by the rules and regulations of the Nuclear | 34 |
| Regulatory Commission.
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| (14) Manufacture, transportation, or sale of weapons | 2 |
| to
persons
authorized under subdivisions (1) through | 3 |
| (13.5) of this
subsection
to
possess those weapons.
| 4 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 5 |
| 24-1.6 do not
apply to or affect
any of the following:
| 6 |
| (1) Members of any club or organization organized for | 7 |
| the purpose of
practicing shooting at targets upon | 8 |
| established target ranges, whether
public or private, and | 9 |
| patrons of such ranges, while such members
or patrons are | 10 |
| using their firearms on those target ranges.
| 11 |
| (2) Duly authorized military or civil organizations | 12 |
| while parading,
with the special permission of the | 13 |
| Governor.
| 14 |
| (3) Hunters, trappers or fishermen with a license or
| 15 |
| permit while engaged in hunting,
trapping or fishing.
| 16 |
| (4) Transportation of weapons that are broken down in a
| 17 |
| non-functioning state or are not immediately accessible.
| 18 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 19 |
| of the
following:
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| (1) Peace officers while in performance of their | 21 |
| official duties.
| 22 |
| (2) Wardens, superintendents and keepers of prisons, | 23 |
| penitentiaries,
jails and other institutions for the | 24 |
| detention of persons accused or
convicted of an offense.
| 25 |
| (3) Members of the Armed Services or Reserve Forces of | 26 |
| the United States
or the Illinois National Guard, while in | 27 |
| the performance of their official
duty.
| 28 |
| (4) Manufacture, transportation, or sale of machine | 29 |
| guns , 50 caliber rifles, or 50 caliber ammunition to | 30 |
| persons
authorized under subdivisions (1) through (3) of | 31 |
| this subsection to
possess machine guns , 50 caliber rifles, | 32 |
| or 50 caliber ammunition , if the machine guns or 50 caliber | 33 |
| rifles are broken down in a
non-functioning state or are | 34 |
| not immediately accessible.
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LRB094 09205 RLC 43280 a |
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| (5) Persons licensed under federal law to manufacture | 2 |
| any weapon from
which 8 or more shots or bullets can be | 3 |
| discharged by a
single function of the firing device, 50 | 4 |
| caliber rifles, or ammunition for such weapons, and
| 5 |
| actually engaged in the business of manufacturing such | 6 |
| weapons or
ammunition, but only with respect to activities | 7 |
| which are within the lawful
scope of such business, such as | 8 |
| the manufacture, transportation, or testing
of such | 9 |
| weapons or ammunition. This exemption does not authorize | 10 |
| the
general private possession of any weapon from which 8 | 11 |
| or more
shots or bullets can be discharged by a single | 12 |
| function of the firing
device or 50 caliber rifle , but only | 13 |
| such possession and activities as are within the lawful
| 14 |
| scope of a licensed manufacturing business described in | 15 |
| this paragraph.
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| During transportation, such weapons shall be broken | 17 |
| down in a
non-functioning state or not immediately | 18 |
| accessible.
| 19 |
| (6) The manufacture, transport, testing, delivery, | 20 |
| transfer or sale,
and all lawful commercial or experimental | 21 |
| activities necessary thereto, of
rifles, shotguns, and | 22 |
| weapons made from rifles or shotguns,
or ammunition for | 23 |
| such rifles, shotguns or weapons, where engaged in
by a | 24 |
| person operating as a contractor or subcontractor pursuant | 25 |
| to a
contract or subcontract for the development and supply | 26 |
| of such rifles,
shotguns, weapons or ammunition to the | 27 |
| United States government or any
branch of the Armed Forces | 28 |
| of the United States, when such activities are
necessary | 29 |
| and incident to fulfilling the terms of such contract.
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| The exemption granted under this subdivision (c)(6)
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| shall also apply to any authorized agent of any such | 32 |
| contractor or
subcontractor who is operating within the | 33 |
| scope of his employment, where
such activities involving | 34 |
| such weapon, weapons or ammunition are necessary
and |
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LRB094 09205 RLC 43280 a |
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| incident to fulfilling the terms of such contract.
| 2 |
| During transportation, any such weapon shall be broken | 3 |
| down in a
non-functioning state, or not immediately | 4 |
| accessible.
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| Subsection 24-1(a)(7) dealing with 50 caliber rifles and 50 | 6 |
| caliber ammunition does not apply to a person that possesses a | 7 |
| 50 caliber rifle or 50 caliber ammunition before the effective | 8 |
| date of this amendatory Act of the 94th General Assembly. | 9 |
| However, on or after the effective date of this amendatory Act | 10 |
| of the 94th General Assembly, such person shall only be allowed | 11 |
| to transfer a 50 caliber rifle or 50 caliber ammunition to a | 12 |
| dealer licensed as a federal firearms dealer under Section 923 | 13 |
| of the federal Gun Control Act of 1968 (18 U.S.C. 923).
| 14 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 15 |
| possession
or carrying of a black-jack or slung-shot by a peace | 16 |
| officer.
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| (e) Subsection 24-1(a)(8) does not apply to any owner, | 18 |
| manager or
authorized employee of any place specified in that | 19 |
| subsection nor to any
law enforcement officer.
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| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 21 |
| Section 24-1.6
do not apply
to members of any club or | 22 |
| organization organized for the purpose of practicing
shooting | 23 |
| at targets upon established target ranges, whether public or | 24 |
| private,
while using their firearms on those target ranges.
| 25 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 26 |
| to:
| 27 |
| (1) Members of the Armed Services or Reserve Forces of | 28 |
| the United
States or the Illinois National Guard, while in | 29 |
| the performance of their
official duty.
| 30 |
| (2) Bonafide collectors of antique or surplus military | 31 |
| ordinance.
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| (3) Laboratories having a department of forensic | 33 |
| ballistics, or
specializing in the development of | 34 |
| ammunition or explosive ordinance.
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LRB094 09205 RLC 43280 a |
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| (4) Commerce, preparation, assembly or possession of | 2 |
| explosive
bullets by manufacturers of ammunition licensed | 3 |
| by the federal government,
in connection with the supply of | 4 |
| those organizations and persons exempted
by subdivision | 5 |
| (g)(1) of this Section, or like organizations and persons
| 6 |
| outside this State, or the transportation of explosive | 7 |
| bullets to any
organization or person exempted in this | 8 |
| Section by a common carrier or by a
vehicle owned or leased | 9 |
| by an exempted manufacturer.
| 10 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 11 |
| persons licensed
under federal law to manufacture any device or | 12 |
| attachment of any kind designed,
used, or intended for use in | 13 |
| silencing the report of any firearm, firearms, or
ammunition
| 14 |
| for those firearms equipped with those devices, and actually | 15 |
| engaged in the
business of manufacturing those devices, | 16 |
| firearms, or ammunition, but only with
respect to
activities | 17 |
| that are within the lawful scope of that business, such as the
| 18 |
| manufacture, transportation, or testing of those devices, | 19 |
| firearms, or
ammunition. This
exemption does not authorize the | 20 |
| general private possession of any device or
attachment of any | 21 |
| kind designed, used, or intended for use in silencing the
| 22 |
| report of any firearm, but only such possession and activities | 23 |
| as are within
the
lawful scope of a licensed manufacturing | 24 |
| business described in this subsection
(g-5). During | 25 |
| transportation, those devices shall be detached from any weapon
| 26 |
| or
not immediately accessible.
| 27 |
| (h) An information or indictment based upon a violation of | 28 |
| any
subsection of this Article need not negative any exemptions | 29 |
| contained in
this Article. The defendant shall have the burden | 30 |
| of proving such an
exemption.
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| (i) Nothing in this Article shall prohibit, apply to, or | 32 |
| affect
the transportation, carrying, or possession, of any | 33 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 34 |
| to a common carrier operating
under license of the State of |
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LRB094 09205 RLC 43280 a |
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| Illinois or the federal government, where
such transportation, | 2 |
| carrying, or possession is incident to the lawful
| 3 |
| transportation in which such common carrier is engaged; and | 4 |
| nothing in this
Article shall prohibit, apply to, or affect the | 5 |
| transportation, carrying,
or possession of any pistol, | 6 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 7 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 8 |
| this Article, which is unloaded and enclosed in a case, firearm
| 9 |
| carrying box, shipping box, or other container, by the | 10 |
| possessor of a valid
Firearm Owners Identification Card.
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| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 12 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)".
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