Full Text of HB5649 97th General Assembly
HB5649eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning stun guns and tasers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Stun | 5 | | Gun and Taser Concealed Carry Licensing Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of State Police. | 8 | | "Peace officer" means (i) any person who by virtue of his | 9 | | or her office or public employment is vested by law with a duty | 10 | | to maintain public order or to make arrests for offenses, | 11 | | whether that duty extends to all offenses or is limited to | 12 | | specific offenses, or (ii) any person who, by statute, is | 13 | | granted and authorized to exercise powers similar to those | 14 | | conferred upon any peace officer employed by a law enforcement | 15 | | agency of this State. | 16 | | "Stun gun or taser", means (i) any device which is powered | 17 | | by electrical charging units, such as, batteries, and which | 18 | | fires one or several barbs attached to a length of wire and | 19 | | which, upon hitting a human, can send out a current capable of | 20 | | disrupting the person's nervous system in such a manner as to | 21 | | render him incapable of normal functioning or (ii) any device | 22 | | which is powered by electrical charging units, such as | 23 | | batteries, and which, upon contact with a human or clothing |
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| 1 | | worn by a human, can send out current capable of disrupting the | 2 | | person's nervous system in such a manner as to render him | 3 | | incapable of normal functioning. | 4 | | Section 10. License. | 5 | | (a) The Department shall issue a license authorizing a | 6 | | person to carry or possess a concealed stun gun or taser on or | 7 | | about his or her person to an applicant who meets the following | 8 | | qualifications: | 9 | | (1) the applicant must be at least 18 years of age; | 10 | | (2) the applicant must possess a valid Firearm Owner's | 11 | | Identification Card issued in his or her name by the | 12 | | Department; | 13 | | (3) the applicant must pay a license fee prescribed by | 14 | | the Department; | 15 | | (4) the applicant must not be prohibited from | 16 | | possessing a firearm under the federal Gun Control Act of | 17 | | 1968, the Firearm Owners Identification Card Act, or | 18 | | Article 24 of the Criminal Code of 1961; and | 19 | | (5) the applicant must demonstrate to the Department | 20 | | completion of a training course approved by the Department | 21 | | in the safe handling of a stun gun or taser and the laws | 22 | | concerning the justified use of force in defense of the | 23 | | person. | 24 | | (b) The Department shall establish the duration of a | 25 | | license. |
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| 1 | | (c)
Every person applying for a license from the Department | 2 | | shall file with the Department, a verified written application | 3 | | in the form to be prescribed by the Department.
The Department | 4 | | shall make applications for a license available no later than | 5 | | 180 days after the effective date of this Act. | 6 | | (d)
The Department may establish the grounds, notice, and | 7 | | hearing procedures for revocation of licenses issued under this | 8 | | Section.
| 9 | | (e) The Department shall develop a standardized training | 10 | | course taught by qualified stun gun or taser instructor within | 11 | | the Department or approved by the Department.
| 12 | | Section 15. Scope of license. A person who has been issued | 13 | | a license to carry a concealed stun gun or taser may carry a | 14 | | stun gun or taser concealed upon his or her person and may use | 15 | | a stun gun or taser against another person in the exercise of | 16 | | reasonable force in defense of his or her person or in defense | 17 | | of other persons if the use of that force is justified under | 18 | | Section 7-1 of the Criminal Code of 1961.
| 19 | | Section 20. Prohibited use. | 20 | | (a) A person under 18 years of age may not knowingly use or | 21 | | possess a stun gun or taser. | 22 | | (b) A person shall not knowingly use a stun gun or taser on | 23 | | or against a peace officer or a person whom he or she | 24 | | reasonably believes to be a peace officer while that person is |
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| 1 | | in the performance of his or her official duties. | 2 | | Section 25. Carrying of a stun gun or taser in specific | 3 | | places prohibited. | 4 | | (a) No license issued under this Act shall authorize any | 5 | | person to knowingly carry a concealed stun gun or taser into: | 6 | | (1) Any building under the control of the Governor, | 7 | | Lieutenant Governor, Attorney General, Secretary of State, | 8 | | Comptroller, or Treasurer. | 9 | | (2) Any building under control of the General Assembly | 10 | | or any of its support service agencies, including the | 11 | | portion of a building in which a committee of the General | 12 | | Assembly convenes for the purpose of conducting meetings of | 13 | | committees, joint committees, or legislative commissions. | 14 | | (3) Any courthouse or building occupied in whole or in | 15 | | part by the Circuit, Appellate, or Supreme Court or a room | 16 | | designated as a courtroom for court proceedings by any of | 17 | | these courts. | 18 | | (4) Any meeting of the governing body of a unit of | 19 | | local government or special district. | 20 | | (5) Any establishment licensed to dispense alcoholic | 21 | | beverages for consumption on the premises if less than 50% | 22 | | of its annual gross income comes from the sale of food. | 23 | | (6) Any area of an airport to which access is | 24 | | controlled by the inspection of persons and property. | 25 | | (7) Any place where the carrying of a stun gun, taser, |
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| 1 | | or similar device is prohibited by federal law. | 2 | | (8) Any elementary or secondary school without the | 3 | | consent of school authorities. School authorities shall | 4 | | inform the appropriate law enforcement agency and any law | 5 | | enforcement personnel on site of such consent. | 6 | | (9) Any portion of a building used as a child care | 7 | | facility without the consent of the manager. Nothing in | 8 | | this subsection shall prevent the operator of a child care | 9 | | facility in a family home from owning or possessing a taser | 10 | | or stun gun or license. | 11 | | (10) Any gaming facility licensed under the Riverboat | 12 | | Gambling Act or the Illinois Horse Racing Act of 1975. | 13 | | (11) Any gated area of an amusement park. | 14 | | (12) Any stadium, arena, or collegiate or professional | 15 | | sporting event. | 16 | | (13) A mental health or developmental disabilities | 17 | | facility. | 18 | | (14) Any community college, college, or university | 19 | | campus without consent of the school authorities. School | 20 | | authorities shall inform the appropriate law enforcement | 21 | | agency and any law enforcement personnel on site of such | 22 | | consent. | 23 | | (15) A library without the written consent of the | 24 | | library's governing body. The governing body shall inform | 25 | | the appropriate law enforcement agency of such consent. | 26 | | (16) Any police, sheriff, or State Police office or |
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| 1 | | station without the consent of the chief law enforcement | 2 | | officer in charge of that office or station. | 3 | | (17) Any adult or juvenile detention or correctional | 4 | | institution, prison, or jail. | 5 | | (b) A municipality or school district may prohibit or limit | 6 | | licensees from carrying a concealed stun gun or taser into or | 7 | | within any building owned, leased, or controlled by that | 8 | | municipality or school district by a majority vote of members | 9 | | of its governing board. A resolution or ordinance shall not | 10 | | prohibit a licensee from carrying a concealed stun gun or taser | 11 | | in any building used for public housing, on any sidewalk, on | 12 | | any highway or roadway, or in any public restroom. A resolution | 13 | | or ordinance shall not prohibit a licensee from carrying a | 14 | | concealed stun gun or taser in a public transportation facility | 15 | | or while accessing the services of a public transportation | 16 | | agency. For purposes of this subsection (b), "public | 17 | | transportation facility" means a terminal or other place where | 18 | | one may obtain public transportation. For purposes of this | 19 | | subsection (b), "public transportation agency" means a public | 20 | | or private agency that provides for the transportation or | 21 | | conveyance of persons by means available to the general public, | 22 | | except for transportation by automobiles not used for | 23 | | conveyance of the general public as passengers. The resolution | 24 | | or ordinance may specify that persons violating the resolution | 25 | | or ordinance may be denied entrance to the building and | 26 | | subjected to a civil fine of no more than $100 for any |
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| 1 | | violation of the provisions of the resolution or ordinance. | 2 | | (c) The owner, business or commercial lessee, or manager of | 3 | | a private business enterprise, or any other private | 4 | | organization, entity, or person, may prohibit licensees from | 5 | | carrying a concealed stun gun or taser on the premises under | 6 | | its control. However, any owner shall allow for any lessee to | 7 | | carry or possess a concealed stun gun or taser in accordance | 8 | | with this Act in any part of a building or upon any property he | 9 | | or she leases. | 10 | | (d) Any person licensed under this Act who is prohibited | 11 | | from carrying a concealed stun gun or taser into a building or | 12 | | on the premises as specified in subsection (a) or designated in | 13 | | accordance with subsection (b) or (c) shall be permitted to | 14 | | store the stun gun or taser out of plain sight in a locked | 15 | | vehicle or in a locked compartment or container within his or | 16 | | her vehicle. A licensee shall not be in violation of this | 17 | | Section while he or she is traveling along a public right of | 18 | | way that touches or crosses any of the premises specified in | 19 | | subsection (a) or designated under subsection (b) or (c) if the | 20 | | stun gun or taser is carried on his or her person in accordance | 21 | | with the provisions of this Act or is being transported in a | 22 | | vehicle by the licensee in accordance with all other applicable | 23 | | provisions of law. | 24 | | (e) If a law enforcement officer initiates an investigative | 25 | | stop, including but not limited to a traffic stop, of a | 26 | | licensee who is carrying a concealed stun gun or taser, the |
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| 1 | | licensee shall immediately disclose to the officer that he or | 2 | | she is in possession of a concealed firearm pursuant to this | 3 | | Act. | 4 | | (f) A licensee shall not carry a concealed stun gun or | 5 | | taser while under the influence of illegal drugs or | 6 | | hallucinogenic drugs or alcohol. For the purposes of this | 7 | | subsection (f), under the influence of alcohol means a blood | 8 | | alcohol content of .08 or greater.
| 9 | | Section 30. Sentence. | 10 | | (a) A person who carries a concealed stun gun or taser in | 11 | | violation of this Act shall be punished as provided in Section | 12 | | 24-1 or 24-1.6 of the Criminal Code of 1961. | 13 | | (b) A stun gun or taser used in the commission of a crime | 14 | | shall legally constitute a deadly weapon under Article 24 of | 15 | | the Criminal Code of 1961. | 16 | | Section 105. The Criminal Code of 1961 is amended by | 17 | | changing Section 24-2 as follows:
| 18 | | (720 ILCS 5/24-2)
| 19 | | Sec. 24-2. Exemptions.
| 20 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 21 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 22 | | the following:
| 23 | | (1) Peace officers, and any person summoned by a peace |
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| 1 | | officer to
assist in making arrests or preserving the | 2 | | peace, while actually engaged in
assisting such officer.
| 3 | | (2) Wardens, superintendents and keepers of prisons,
| 4 | | penitentiaries, jails and other institutions for the | 5 | | detention of persons
accused or convicted of an offense, | 6 | | while in the performance of their
official duty, or while | 7 | | commuting between their homes and places of employment.
| 8 | | (3) Members of the Armed Services or Reserve Forces of | 9 | | the United States
or the Illinois National Guard or the | 10 | | Reserve Officers Training Corps,
while in the performance | 11 | | of their official duty.
| 12 | | (4) Special agents employed by a railroad or a public | 13 | | utility to
perform police functions, and guards of armored | 14 | | car companies, while
actually engaged in the performance of | 15 | | the duties of their employment or
commuting between their | 16 | | homes and places of employment; and watchmen
while actually | 17 | | engaged in the performance of the duties of their | 18 | | employment.
| 19 | | (5) Persons licensed as private security contractors, | 20 | | private
detectives, or private alarm contractors, or | 21 | | employed by an agency
certified by the Department of | 22 | | Professional Regulation, if their duties
include the | 23 | | carrying of a weapon under the provisions of the Private
| 24 | | Detective, Private Alarm,
Private Security, Fingerprint | 25 | | Vendor, and Locksmith Act of 2004,
while actually
engaged | 26 | | in the performance of the duties of their employment or |
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| 1 | | commuting
between their homes and places of employment, | 2 | | provided that such commuting
is accomplished within one | 3 | | hour from departure from home or place of
employment, as | 4 | | the case may be. Persons exempted under this subdivision
| 5 | | (a)(5) shall be required to have completed a course of
| 6 | | study in firearms handling and training approved and | 7 | | supervised by the
Department of Professional Regulation as | 8 | | prescribed by Section 28 of the
Private Detective, Private | 9 | | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 10 | | Act of 2004, prior
to becoming eligible for this exemption. | 11 | | The Department of Professional
Regulation shall provide | 12 | | suitable documentation demonstrating the
successful | 13 | | completion of the prescribed firearms training. Such
| 14 | | documentation shall be carried at all times when such | 15 | | persons are in
possession of a concealable weapon.
| 16 | | (6) Any person regularly employed in a commercial or | 17 | | industrial
operation as a security guard for the protection | 18 | | of persons employed
and private property related to such | 19 | | commercial or industrial
operation, while actually engaged | 20 | | in the performance of his or her
duty or traveling between | 21 | | sites or properties belonging to the
employer, and who, as | 22 | | a security guard, is a member of a security force of
at | 23 | | least 5 persons registered with the Department of | 24 | | Professional
Regulation; provided that such security guard | 25 | | has successfully completed a
course of study, approved by | 26 | | and supervised by the Department of
Professional |
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| 1 | | Regulation, consisting of not less than 40 hours of | 2 | | training
that includes the theory of law enforcement, | 3 | | liability for acts, and the
handling of weapons. A person | 4 | | shall be considered eligible for this
exemption if he or | 5 | | she has completed the required 20
hours of training for a | 6 | | security officer and 20 hours of required firearm
training, | 7 | | and has been issued a firearm control card by
the | 8 | | Department of Professional Regulation. Conditions for the | 9 | | renewal of
firearm control cards issued under the | 10 | | provisions of this Section
shall be the same as for those | 11 | | cards issued under the provisions of the
Private Detective, | 12 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 13 | | Locksmith Act of 2004. Such
firearm control card shall be | 14 | | carried by the security guard at all
times when he or she | 15 | | is in possession of a concealable weapon.
| 16 | | (7) Agents and investigators of the Illinois | 17 | | Legislative Investigating
Commission authorized by the | 18 | | Commission to carry the weapons specified in
subsections | 19 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 20 | | any investigation for the Commission.
| 21 | | (8) Persons employed by a financial institution for the | 22 | | protection of
other employees and property related to such | 23 | | financial institution, while
actually engaged in the | 24 | | performance of their duties, commuting between
their homes | 25 | | and places of employment, or traveling between sites or
| 26 | | properties owned or operated by such financial |
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| 1 | | institution, provided that
any person so employed has | 2 | | successfully completed a course of study,
approved by and | 3 | | supervised by the Department of Professional Regulation,
| 4 | | consisting of not less than 40 hours of training which | 5 | | includes theory of
law enforcement, liability for acts, and | 6 | | the handling of weapons.
A person shall be considered to be | 7 | | eligible for this exemption if he or
she has completed the | 8 | | required 20 hours of training for a security officer
and 20 | 9 | | hours of required firearm training, and has been issued a
| 10 | | firearm control card by the Department of Professional | 11 | | Regulation.
Conditions for renewal of firearm control | 12 | | cards issued under the
provisions of this Section shall be | 13 | | the same as for those issued under the
provisions of the | 14 | | Private Detective, Private Alarm,
Private Security, | 15 | | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 16 | | control card shall be carried by the person so
trained at | 17 | | all times when such person is in possession of a | 18 | | concealable
weapon. For purposes of this subsection, | 19 | | "financial institution" means a
bank, savings and loan | 20 | | association, credit union or company providing
armored car | 21 | | services.
| 22 | | (9) Any person employed by an armored car company to | 23 | | drive an armored
car, while actually engaged in the | 24 | | performance of his duties.
| 25 | | (10) Persons who have been classified as peace officers | 26 | | pursuant
to the Peace Officer Fire Investigation Act.
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| 1 | | (11) Investigators of the Office of the State's | 2 | | Attorneys Appellate
Prosecutor authorized by the board of | 3 | | governors of the Office of the
State's Attorneys Appellate | 4 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 5 | | State's Attorneys Appellate Prosecutor's Act.
| 6 | | (12) Special investigators appointed by a State's | 7 | | Attorney under
Section 3-9005 of the Counties Code.
| 8 | | (12.5) Probation officers while in the performance of | 9 | | their duties, or
while commuting between their homes, | 10 | | places of employment or specific locations
that are part of | 11 | | their assigned duties, with the consent of the chief judge | 12 | | of
the circuit for which they are employed.
| 13 | | (13) Court Security Officers while in the performance | 14 | | of their official
duties, or while commuting between their | 15 | | homes and places of employment, with
the
consent of the | 16 | | Sheriff.
| 17 | | (13.5) A person employed as an armed security guard at | 18 | | a nuclear energy,
storage, weapons or development site or | 19 | | facility regulated by the Nuclear
Regulatory Commission | 20 | | who has completed the background screening and training
| 21 | | mandated by the rules and regulations of the Nuclear | 22 | | Regulatory Commission.
| 23 | | (14) Manufacture, transportation, or sale of weapons | 24 | | to
persons
authorized under subdivisions (1) through | 25 | | (13.5) of this
subsection
to
possess those weapons.
| 26 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
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| 1 | | 24-1.6 do not
apply to or affect
any of the following:
| 2 | | (1) Members of any club or organization organized for | 3 | | the purpose of
practicing shooting at targets upon | 4 | | established target ranges, whether
public or private, and | 5 | | patrons of such ranges, while such members
or patrons are | 6 | | using their firearms on those target ranges.
| 7 | | (2) Duly authorized military or civil organizations | 8 | | while parading,
with the special permission of the | 9 | | Governor.
| 10 | | (3) Hunters, trappers or fishermen with a license or
| 11 | | permit while engaged in hunting,
trapping or fishing.
| 12 | | (4) Transportation of weapons that are broken down in a
| 13 | | non-functioning state or are not immediately accessible.
| 14 | | (5) Carrying or possessing any pistol, revolver, stun | 15 | | gun or taser or other firearm on the land or in the legal | 16 | | dwelling of another person as an invitee with that person's | 17 | | permission. | 18 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 19 | | of the
following:
| 20 | | (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 |
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| 1 | | the performance of their official
duty.
| 2 | | (4) Manufacture, transportation, or sale of machine | 3 | | guns to persons
authorized under subdivisions (1) through | 4 | | (3) of this subsection to
possess machine guns, if the | 5 | | machine guns are broken down in a
non-functioning state or | 6 | | are not immediately accessible.
| 7 | | (5) Persons licensed under federal law to manufacture | 8 | | any weapon from
which 8 or more shots or bullets can be | 9 | | discharged by a
single function of the firing device, or | 10 | | ammunition for such weapons, and
actually engaged in the | 11 | | business of manufacturing such weapons or
ammunition, but | 12 | | only with respect to activities which are within the lawful
| 13 | | scope of such business, such as the manufacture, | 14 | | transportation, or testing
of such weapons or ammunition. | 15 | | This exemption does not authorize the
general private | 16 | | possession of any weapon from which 8 or more
shots or | 17 | | bullets can be discharged by a single function of the | 18 | | firing
device, but only such possession and activities as | 19 | | are within the lawful
scope of a licensed manufacturing | 20 | | business described in this paragraph.
| 21 | | During transportation, such weapons shall be broken | 22 | | down in a
non-functioning state or not immediately | 23 | | accessible.
| 24 | | (6) The manufacture, transport, testing, delivery, | 25 | | transfer or sale,
and all lawful commercial or experimental | 26 | | activities necessary thereto, of
rifles, shotguns, and |
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| 1 | | weapons made from rifles or shotguns,
or ammunition for | 2 | | such rifles, shotguns or weapons, where engaged in
by a | 3 | | person operating as a contractor or subcontractor pursuant | 4 | | to a
contract or subcontract for the development and supply | 5 | | of such rifles,
shotguns, weapons or ammunition to the | 6 | | United States government or any
branch of the Armed Forces | 7 | | of the United States, when such activities are
necessary | 8 | | and incident to fulfilling the terms of such contract.
| 9 | | The exemption granted under this subdivision (c)(6)
| 10 | | shall also apply to any authorized agent of any such | 11 | | contractor or
subcontractor who is operating within the | 12 | | scope of his employment, where
such activities involving | 13 | | such weapon, weapons or ammunition are necessary
and | 14 | | incident to fulfilling the terms of such contract.
| 15 | | During transportation, any such weapon shall be broken | 16 | | down in a
non-functioning state, or not immediately | 17 | | accessible.
| 18 | | (7) An active member of a bona fide, nationally | 19 | | recognized military re-enacting group possessing a vintage | 20 | | rifle or modern reproduction thereof with a barrel or | 21 | | barrels less than 16 inches in length for the purpose of | 22 | | using the rifle during historical re-enactments if: (A) the | 23 | | person has been issued a Curios and Relics license from the | 24 | | U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; | 25 | | or (B) the modification is required and necessary to | 26 | | accurately portray the weapon for historical re-enactment |
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| 1 | | purposes; the re-enactor is in possession of a valid and | 2 | | current re-enacting group membership credential; and the | 3 | | overall length of the weapon as modified is not less than | 4 | | 26 inches. | 5 | | During transportation, any such weapon shall be broken | 6 | | down in a
non-functioning state, or not immediately | 7 | | accessible.
| 8 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 9 | | possession
or carrying of a black-jack or slung-shot by a peace | 10 | | officer.
| 11 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 12 | | manager or
authorized employee of any place specified in that | 13 | | subsection nor to any
law enforcement officer.
| 14 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 15 | | Section 24-1.6
do not apply
to members of any club or | 16 | | organization organized for the purpose of practicing
shooting | 17 | | at targets upon established target ranges, whether public or | 18 | | private,
while using their firearms on those target ranges.
| 19 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 20 | | to:
| 21 | | (1) Members of the Armed Services or Reserve Forces of | 22 | | the United
States or the Illinois National Guard, while in | 23 | | the performance of their
official duty.
| 24 | | (2) Bonafide collectors of antique or surplus military | 25 | | ordinance.
| 26 | | (3) Laboratories having a department of forensic |
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| 1 | | ballistics, or
specializing in the development of | 2 | | ammunition or explosive ordinance.
| 3 | | (4) Commerce, preparation, assembly or possession of | 4 | | explosive
bullets by manufacturers of ammunition licensed | 5 | | by the federal government,
in connection with the supply of | 6 | | those organizations and persons exempted
by subdivision | 7 | | (g)(1) of this Section, or like organizations and persons
| 8 | | outside this State, or the transportation of explosive | 9 | | bullets to any
organization or person exempted in this | 10 | | Section by a common carrier or by a
vehicle owned or leased | 11 | | by an exempted manufacturer.
| 12 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 13 | | persons licensed
under federal law to manufacture any device or | 14 | | attachment of any kind designed,
used, or intended for use in | 15 | | silencing the report of any firearm, firearms, or
ammunition
| 16 | | for those firearms equipped with those devices, and actually | 17 | | engaged in the
business of manufacturing those devices, | 18 | | firearms, or ammunition, but only with
respect to
activities | 19 | | that are within the lawful scope of that business, such as the
| 20 | | manufacture, transportation, or testing of those devices, | 21 | | firearms, or
ammunition. This
exemption does not authorize the | 22 | | general private possession of any device or
attachment of any | 23 | | kind designed, used, or intended for use in silencing the
| 24 | | report of any firearm, but only such possession and activities | 25 | | as are within
the
lawful scope of a licensed manufacturing | 26 | | business described in this subsection
(g-5). During |
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| 1 | | transportation, those devices shall be detached from any weapon
| 2 | | or
not immediately accessible.
| 3 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 4 | | 24-1.6 do not apply to
or affect any parole agent or parole | 5 | | supervisor who meets the qualifications and conditions | 6 | | prescribed in Section 3-14-1.5 of the Unified Code of | 7 | | Corrections. | 8 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 9 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 10 | | athlete's possession, transport on official Olympic and | 11 | | Paralympic transit systems established for athletes, or use of | 12 | | competition firearms sanctioned by the International Olympic | 13 | | Committee, the International Paralympic Committee, the | 14 | | International Shooting Sport Federation, or USA Shooting in | 15 | | connection with such athlete's training for and participation | 16 | | in shooting competitions at the 2016 Olympic and Paralympic | 17 | | Games and sanctioned test events leading up to the 2016 Olympic | 18 | | and Paralympic Games. | 19 | | (g-11) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 20 | | 24-1.6 do not apply to
or affect a licensee under the Stun Gun | 21 | | and Taser Concealed Carry Licensing Act, notwithstanding | 22 | | Section 25 of that Act, if the licensee meets the requirements | 23 | | of that Act. | 24 | | (h) An information or indictment based upon a violation of | 25 | | any
subsection of this Article need not negative any exemptions | 26 | | contained in
this Article. The defendant shall have the burden |
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| 1 | | of proving such an
exemption.
| 2 | | (i) Nothing in this Article shall prohibit, apply to, or | 3 | | affect
the transportation, carrying, or possession, of any | 4 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 5 | | to a common carrier operating
under license of the State of | 6 | | Illinois or the federal government, where
such transportation, | 7 | | carrying, or possession is incident to the lawful
| 8 | | transportation in which such common carrier is engaged; and | 9 | | nothing in this
Article shall prohibit, apply to, or affect the | 10 | | transportation, carrying,
or possession of any pistol, | 11 | | revolver, stun gun, taser, or other firearm,
not the subject of | 12 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 13 | | this Article, which is unloaded and enclosed in a case, firearm
| 14 | | carrying box, shipping box, or other container, by the | 15 | | possessor of a valid
Firearm Owners Identification Card.
| 16 | | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | 17 | | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)
| 18 | | Section 999. Effective date. This Act takes effect upon | 19 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 720 ILCS 5/24-2 | |
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