State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB0100

      50 ILCS 705/10.2 new
      720 ILCS 5/24-2           from Ch. 38, par. 24-2
          Amends the Illinois Police Training Act and the  Criminal
      Code  of  1961.   Exempts retired peace officers from certain
      provisions of the unlawful use of weapons offense.   Provides
      that  the  Illinois  Law Enforcement Training Standards Board
      shall give a proficiency course to persons seeking to  become
      exempt   and  shall  issue  identification  cards  indicating
      successful completion of the course.  Authorizes the Board to
      charge a fee.
                                                     LRB9000832RCks
                                               LRB9000832RCks
 1        AN ACT in relation to retired  peace  officers,  amending
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Police Training Act  is  amended
 6    by adding Section 10.2 as follows:
 7        (50 ILCS 705/10.2 new)
 8        Sec.  10.2.  Retired  peace  officers proficiency course.
 9    The Board shall provide  a  proficiency  course  for  retired
10    peace  officers  who  seek an exemption from certain unlawful
11    use of weapons offenses as provided in  paragraph  (12.5)  of
12    subsection  (a) of Section 24-2 of the Criminal Code of 1961.
13    The Board shall keep  records  of  those  officers  who  have
14    qualified and shall issue an identification card to a retired
15    peace officer indicating successful completion of the course.
16    The  Board  is  authorized to charge a fee for the course and
17    the identification card.
18        Section 10.  The Criminal Code  of  1961  is  amended  by
19    changing Section 24-2 as follows:
20        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
21        (Text of Section before amendment by P.A. 89-685)
22        Sec. 24-2.  Exemptions.
23        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
24    do not apply to or affect any of the following:
25             (1)  Peace officers, and any person  summoned  by  a
26        peace  officer  to assist in making arrests or preserving
27        the peace,  while  actually  engaged  in  assisting  such
28        officer.
29             (2)  Wardens,   superintendents   and   keepers   of
                            -2-                LRB9000832RCks
 1        prisons, penitentiaries, jails and other institutions for
 2        the  detention  of  persons  accused  or  convicted of an
 3        offense, while in the performance of their official duty,
 4        or while commuting between  their  homes  and  places  of
 5        employment.
 6             (3)  Members of the Armed Services or Reserve Forces
 7        of  the  United  States or the Illinois National Guard or
 8        the  Reserve  Officers  Training  Corps,  while  in   the
 9        performance of their official duty.
10             (4)  Special  agents  employed  by  a  railroad or a
11        public utility to perform police functions, and guards of
12        armored car companies,  while  actually  engaged  in  the
13        performance   of   the  duties  of  their  employment  or
14        commuting between their homes and places  of  employment;
15        and watchmen while actually engaged in the performance of
16        the duties of their employment.
17             (5)  Persons    licensed    as    private   security
18        contractors,  private  detectives,   or   private   alarm
19        contractors,  or  employed  by an agency certified by the
20        Department of Professional Regulation,  if  their  duties
21        include  the carrying of a weapon under the provisions of
22        the  Private  Detective,  Private  Alarm,   and   Private
23        Security  Act  of  1983,  while  actually  engaged in the
24        performance  of  the  duties  of  their   employment   or
25        commuting  between  their homes and places of employment,
26        provided that such commuting is accomplished  within  one
27        hour  from departure from home or place of employment, as
28        the case may be.  Persons exempted under this subdivision
29        (a)(5) shall be required to have completed  a  course  of
30        study  in  firearms  handling  and  training approved and
31        supervised by the Department of  Professional  Regulation
32        as  prescribed  by  Section  28 of the Private Detective,
33        Private Alarm, and Private Security Act of 1983, prior to
34        becoming eligible for this exemption.  The Department  of
                            -3-                LRB9000832RCks
 1        Professional    Regulation    shall    provide   suitable
 2        documentation demonstrating the successful completion  of
 3        the  prescribed  firearms  training.   Such documentation
 4        shall be carried at all times when such  persons  are  in
 5        possession of a concealable weapon.
 6             (6)  Any  person  regularly employed in a commercial
 7        or 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 of at least 5 persons registered with the
14        Department of Professional Regulation; provided that such
15        security guard has successfully  completed  a  course  of
16        study,  approved  by  and supervised by the Department of
17        Professional Regulation, consisting of not less  than  40
18        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
22        hours of training for a security officer and 20 hours  of
23        required  firearm training, and has been issued a firearm
24        authorization card  by  the  Department  of  Professional
25        Regulation.    Conditions  for  the  renewal  of  firearm
26        authorization cards issued under the provisions  of  this
27        Section shall be the same as for those cards issued under
28        the  provisions  of  the Private Detective, Private Alarm
29        and  Private  Security  Act  of   1983.    Such   firearm
30        authorization card shall be carried by the security guard
31        at  all  times  when  he  or  she  is  in possession of a
32        concealable weapon.
33             (7)  Agents  and  investigators  of   the   Illinois
34        Legislative  Investigating  Commission  authorized by the
                            -4-                LRB9000832RCks
 1        Commission to carry the weapons specified in  subsections
 2        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 3        any investigation for the Commission.
 4             (8)  Persons employed by a financial institution for
 5        the protection of other employees and property related to
 6        such financial institution, while actually engaged in the
 7        performance  of  their  duties,  commuting  between their
 8        homes and places  of  employment,  or  traveling  between
 9        sites  or  properties owned or operated by such financial
10        institution, provided that any  person  so  employed  has
11        successfully completed a course of study, approved by and
12        supervised  by the Department of Professional Regulation,
13        consisting of not less than 40 hours  of  training  which
14        includes  theory  of law enforcement, liability for acts,
15        and the handling of weapons. A person shall be considered
16        to be eligible for  this  exemption  if  he  or  she  has
17        completed  the  required  20  hours  of  training  for  a
18        security   officer  and  20  hours  of  required  firearm
19        training, and has been  issued  a  firearm  authorization
20        card   by  the  Department  of  Professional  Regulation.
21        Conditions for renewal  of  firearm  authorization  cards
22        issued  under the provisions of this Section shall be the
23        same as for those issued  under  the  provisions  of  the
24        Private Detective, Private Alarm and Private Security Act
25        of  1983.   Such  firearm  authorization  card  shall  be
26        carried  by  the person so trained at all times when such
27        person is in possession of  a  concealable  weapon.   For
28        purposes  of  this  subsection,  "financial  institution"
29        means  a bank, savings and loan association, credit union
30        or company providing armored car services.
31             (9)  Any person employed by an armored  car  company
32        to  drive  an  armored car, while actually engaged in the
33        performance of his duties.
34             (10)  Persons who  have  been  classified  as  peace
                            -5-                LRB9000832RCks
 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
 6        Appellate Prosecutor to carry weapons pursuant to Section
 7        7.06 of 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)  Retired  Illinois  peace  officers  in  good
11        standing.  A person exempted under this  paragraph  shall
12        be  required  to pass an authorized proficiency test with
13        his or her weapon once  a  year.   The  proficiency  test
14        shall  include but not be limited to weapons handling and
15        a current  qualification  course  of  firearms  use.  The
16        Illinois  Law  Enforcement  Training  Standards  Board as
17        provided in Section 10.2 of the Illinois Police  Training
18        Act  shall  provide for the authorized proficiency course
19        and keep records of those officers who have qualified and
20        issue an identification card to a retired  peace  officer
21        indicating  successful  completion  that the officer must
22        keep in his or her possession. The authorized proficiency
23        test shall be solely for the purpose of assuring that the
24        retired officer possesses adequate skill in the  use  and
25        handling   of   weapons.    Neither   the   Illinois  Law
26        Enforcement Training Standards  Board,  nor  the  retired
27        officer's  former  police agency, shall be liable for any
28        actions taken by the retired officer with a weapon.   The
29        Illinois  Law  Enforcement Training Standards Board shall
30        not be liable for providing training or  for  failing  to
31        train  the retired officer.  The Illinois Law Enforcement
32        Training Standards Board shall be authorized to charge  a
33        fee  to  cover  the  expenses  for testing and keeping of
34        records.
                            -6-                LRB9000832RCks
 1             For the purpose of this  paragraph  the  term  "good
 2        standing"  shall  be  defined as full-time service either
 3        with  one  police  department  located  in  Illinois   or
 4        collectively  with  several police departments located in
 5        Illinois, so long as the total full-time  service  equals
 6        at  least  20  years and the officer left the last police
 7        department in good standing.
 8             Prima  facie  evidence  of  entitlement   shall   be
 9        possession  of a picture identification card showing that
10        he or she is a retired Illinois peace  officer,  a  valid
11        Firearm    Owner's    Identification    Card,   and   the
12        identification card showing successful qualification with
13        the firearm within the last  year.    The  identification
14        card  shall  be displayed to any Illinois law enforcement
15        officer upon request.  Any retired officer that no longer
16        qualifies  to  possess  an   Illinois   Firearm   Owner's
17        Identification Card shall lose good standing status.
18             (13)  Manufacture,   transportation,   or   sale  of
19        weapons to  persons  authorized  under  subdivisions  (1)
20        through  (12.5)  (12) of this subsection to possess those
21        weapons.
22        (b)  Subsections 24-1(a)(4) and 24-1(a)(10) do not  apply
23    to or affect any of the following:
24             (1)  Members  of  any club or organization organized
25        for the purpose of practicing shooting  at  targets  upon
26        established target ranges, whether public or private, and
27        patrons of such ranges, while such members or patrons are
28        using their firearms on those target ranges.
29             (2)  Duly authorized military or civil organizations
30        while  parading,  with  the  special  permission  of  the
31        Governor.
32             (3)  Licensed  hunters,  trappers or fishermen while
33        engaged in hunting, trapping or fishing.
34             (4)  Transportation of weapons that are broken  down
                            -7-                LRB9000832RCks
 1        in   a  non-functioning  state  or  are  not  immediately
 2        accessible.
 3        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
 4    any of the following:
 5             (1)  Peace  officers  while  in performance of their
 6        official duties.
 7             (2)  Wardens,   superintendents   and   keepers   of
 8        prisons, penitentiaries, jails and other institutions for
 9        the detention of  persons  accused  or  convicted  of  an
10        offense.
11             (3)  Members of the Armed Services or Reserve Forces
12        of  the  United  States  or  the Illinois National Guard,
13        while in the performance of their official duty.
14             (4)  Manufacture, transportation, or sale of machine
15        guns to persons authorized under subdivisions (1) through
16        (3) of this subsection to possess machine  guns,  if  the
17        machine  guns  are broken down in a non-functioning state
18        or are not immediately accessible.
19             (5)  Persons   licensed   under   federal   law   to
20        manufacture any weapon from which  8  or  more  shots  or
21        bullets  can  be  discharged  by a single function of the
22        firing  device,  or  ammunition  for  such  weapons,  and
23        actually engaged in the business  of  manufacturing  such
24        weapons   or   ammunition,   but  only  with  respect  to
25        activities which are within  the  lawful  scope  of  such
26        business,  such  as  the  manufacture, transportation, or
27        testing of such weapons or  ammunition.   This  exemption
28        does  not authorize the general private possession of any
29        weapon from which 8 or  more  shots  or  bullets  can  be
30        discharged by a single function of the firing device, but
31        only  such  possession  and  activities as are within the
32        lawful  scope  of  a  licensed   manufacturing   business
33        described in this paragraph.
34             During  transportation, such weapons shall be broken
                            -8-                LRB9000832RCks
 1        down  in  a  non-functioning  state  or  not  immediately
 2        accessible.
 3             (6)  The manufacture, transport, testing,  delivery,
 4        transfer   or   sale,   and   all  lawful  commercial  or
 5        experimental activities  necessary  thereto,  of  rifles,
 6        shotguns,  and  weapons  made from rifles or shotguns, or
 7        ammunition for such rifles, shotguns  or  weapons,  where
 8        engaged  in  by  a  person  operating  as a contractor or
 9        subcontractor pursuant to a contract or  subcontract  for
10        the  development  and  supply  of  such rifles, shotguns,
11        weapons or ammunition to the United States government  or
12        any branch of the Armed Forces of the United States, when
13        such  activities are necessary and incident to fulfilling
14        the terms of such contract.
15             The exemption granted under this subdivision  (c)(6)
16        shall  also  apply  to  any  authorized agent of any such
17        contractor or subcontractor who is operating  within  the
18        scope  of his employment, where such activities involving
19        such weapon, weapons  or  ammunition  are  necessary  and
20        incident to fulfilling the terms of such contract.
21             During  transportation,  any  such  weapon  shall be
22        broken  down  in  a   non-functioning   state,   or   not
23        immediately accessible.
24        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
25    purchase,  possession  or  carrying  of   a   black-jack   or
26    slung-shot by a peace officer.
27        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
28    manager or authorized employee of any place specified in that
29    subsection nor to any law enforcement officer.
30        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10)  do
31    not  apply  to  members of any club or organization organized
32    for the  purpose  of  practicing  shooting  at  targets  upon
33    established  target  ranges, whether public or private, while
34    using their firearms on those target ranges.
                            -9-                LRB9000832RCks
 1        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
 2    apply to:
 3             (1)  Members of the Armed Services or Reserve Forces
 4        of the United States  or  the  Illinois  National  Guard,
 5        while in the performance of their official duty.
 6             (2)  Bonafide   collectors  of  antique  or  surplus
 7        military ordinance.
 8             (3)  Laboratories having a  department  of  forensic
 9        ballistics,   or   specializing  in  the  development  of
10        ammunition or explosive ordinance.
11             (4)  Commerce, preparation, assembly  or  possession
12        of  explosive  bullets  by  manufacturers  of  ammunition
13        licensed  by  the  federal government, in connection with
14        the supply of those organizations and persons exempted by
15        subdivision (g)(1) of this Section, or like organizations
16        and persons outside this State, or the transportation  of
17        explosive  bullets to any organization or person exempted
18        in this Section by a common carrier or by a vehicle owned
19        or leased by an exempted manufacturer.
20        (h)  An information or indictment based upon a  violation
21    of  any  subsection  of  this  Article  need not negative any
22    exemptions contained in this Article.   The  defendant  shall
23    have the burden of proving such an exemption.
24        (i)  Nothing in this Article shall prohibit, apply to, or
25    affect  the  transportation,  carrying, or possession, of any
26    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
27    consigned to a common carrier operating under license of  the
28    State  of  Illinois  or  the  federal  government, where such
29    transportation, carrying, or possession is  incident  to  the
30    lawful   transportation  in  which  such  common  carrier  is
31    engaged; and nothing in this Article  shall  prohibit,  apply
32    to,  or affect the transportation, carrying, or possession of
33    any pistol, revolver, stun gun, taser, or other firearm,  not
34    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
                            -10-               LRB9000832RCks
 1    subsection 24-2(c) of this Article,  which  is  unloaded  and
 2    enclosed  in  a  case, firearm carrying box, shipping box, or
 3    other container, by the possessor of a valid  Firearm  Owners
 4    Identification Card.
 5    (Source: P.A. 87-435; 87-845; 87-895.)
 6        (Text of Section after amendment by P.A. 89-685)
 7        Sec. 24-2.  Exemptions.
 8        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
 9    do not apply to or affect any of the following:
10             (1)  Peace officers, and any person  summoned  by  a
11        peace  officer  to assist in making arrests or preserving
12        the peace,  while  actually  engaged  in  assisting  such
13        officer.
14             (2)  Wardens,   superintendents   and   keepers   of
15        prisons, penitentiaries, jails and other institutions for
16        the  detention  of  persons  accused  or  convicted of an
17        offense, while in the performance of their official duty,
18        or while commuting between  their  homes  and  places  of
19        employment.
20             (3)  Members of the Armed Services or Reserve Forces
21        of  the  United  States or the Illinois National Guard or
22        the  Reserve  Officers  Training  Corps,  while  in   the
23        performance of their official duty.
24             (4)  Special  agents  employed  by  a  railroad or a
25        public utility to perform police functions, and guards of
26        armored car companies,  while  actually  engaged  in  the
27        performance   of   the  duties  of  their  employment  or
28        commuting between their homes and places  of  employment;
29        and watchmen while actually engaged in the performance of
30        the duties of their employment.
31             (5)  Persons    licensed    as    private   security
32        contractors,  private  detectives,   or   private   alarm
33        contractors,  or  employed  by an agency certified by the
34        Department of Professional Regulation,  if  their  duties
                            -11-               LRB9000832RCks
 1        include  the carrying of a weapon under the provisions of
 2        the  Private  Detective,  Private  Alarm,   and   Private
 3        Security  Act  of  1983,  while  actually  engaged in the
 4        performance  of  the  duties  of  their   employment   or
 5        commuting  between  their homes and places of employment,
 6        provided that such commuting is accomplished  within  one
 7        hour  from departure from home or place of employment, as
 8        the case may be.  Persons exempted under this subdivision
 9        (a)(5) shall be required to have completed  a  course  of
10        study  in  firearms  handling  and  training approved and
11        supervised by the Department of  Professional  Regulation
12        as  prescribed  by  Section  28 of the Private Detective,
13        Private Alarm, and Private Security Act of 1983, prior to
14        becoming eligible for this exemption.  The Department  of
15        Professional    Regulation    shall    provide   suitable
16        documentation demonstrating the successful completion  of
17        the  prescribed  firearms  training.   Such documentation
18        shall be carried at all times when such  persons  are  in
19        possession of a concealable weapon.
20             (6)  Any  person  regularly employed in a commercial
21        or industrial operation  as  a  security  guard  for  the
22        protection  of  persons  employed  and  private  property
23        related to such commercial or industrial operation, while
24        actually engaged in the performance of his or her duty or
25        traveling  between  sites  or properties belonging to the
26        employer, and who, as a security guard, is a member of  a
27        security  force of at least 5 persons registered with the
28        Department of Professional Regulation; provided that such
29        security guard has successfully  completed  a  course  of
30        study,  approved  by  and supervised by the Department of
31        Professional Regulation, consisting of not less  than  40
32        hours  of  training  that  includes  the  theory  of  law
33        enforcement,  liability  for  acts,  and  the handling of
34        weapons.  A person shall be considered eligible for  this
                            -12-               LRB9000832RCks
 1        exemption  if  he  or  she  has completed the required 20
 2        hours of training for a security officer and 20 hours  of
 3        required  firearm training, and has been issued a firearm
 4        authorization card  by  the  Department  of  Professional
 5        Regulation.    Conditions  for  the  renewal  of  firearm
 6        authorization 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        and  Private  Security  Act  of   1983.    Such   firearm
10        authorization card shall be carried by the security guard
11        at  all  times  when  he  or  she  is  in possession of a
12        concealable weapon.
13             (7)  Agents  and  investigators  of   the   Illinois
14        Legislative  Investigating  Commission  authorized by the
15        Commission to carry the weapons specified in  subsections
16        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17        any investigation for the Commission.
18             (8)  Persons employed by a financial institution for
19        the protection of other employees and property related to
20        such financial institution, while actually engaged in the
21        performance  of  their  duties,  commuting  between their
22        homes and places  of  employment,  or  traveling  between
23        sites  or  properties owned or operated by such financial
24        institution, provided that any  person  so  employed  has
25        successfully completed a course of study, approved by and
26        supervised  by the Department of Professional Regulation,
27        consisting of not less than 40 hours  of  training  which
28        includes  theory  of law enforcement, liability for acts,
29        and the handling of weapons. A person shall be considered
30        to be eligible for  this  exemption  if  he  or  she  has
31        completed  the  required  20  hours  of  training  for  a
32        security   officer  and  20  hours  of  required  firearm
33        training, and has been  issued  a  firearm  authorization
34        card   by  the  Department  of  Professional  Regulation.
                            -13-               LRB9000832RCks
 1        Conditions for renewal  of  firearm  authorization  cards
 2        issued  under the provisions of this Section shall be the
 3        same as for those issued  under  the  provisions  of  the
 4        Private Detective, Private Alarm and Private Security Act
 5        of  1983.   Such  firearm  authorization  card  shall  be
 6        carried  by  the person so trained at all times when such
 7        person is in possession of  a  concealable  weapon.   For
 8        purposes  of  this  subsection,  "financial  institution"
 9        means  a bank, savings and loan association, credit union
10        or company providing armored car services.
11             (9)  Any person employed by an armored  car  company
12        to  drive  an  armored car, while actually engaged in the
13        performance of his duties.
14             (10)  Persons who  have  been  classified  as  peace
15        officers pursuant to the Peace Officer Fire Investigation
16        Act.
17             (11)  Investigators  of  the  Office  of the State's
18        Attorneys Appellate Prosecutor authorized by the board of
19        governors  of  the  Office  of  the   State's   Attorneys
20        Appellate Prosecutor to carry weapons pursuant to Section
21        7.06 of the State's Attorneys Appellate Prosecutor's Act.
22             (12)  Special  investigators  appointed by a State's
23        Attorney under Section 3-9005 of the Counties Code.
24             (12.5)  Retired  Illinois  peace  officers  in  good
25        standing.  A person exempted under this  paragraph  shall
26        be  required  to pass an authorized proficiency test with
27        his or her weapon once  a  year.   The  proficiency  test
28        shall  include but not be limited to weapons handling and
29        a current  qualification  course  of  firearms  use.  The
30        Illinois  Law  Enforcement  Training  Standards  Board as
31        provided in Section 10.2 of the Illinois Police  Training
32        Act  shall  provide for the authorized proficiency course
33        and keep records of those officers who have qualified and
34        issue an identification card to a retired  peace  officer
                            -14-               LRB9000832RCks
 1        indicating  successful  completion  that the officer must
 2        keep in his or her possession. The authorized proficiency
 3        test shall be solely for the purpose of assuring that the
 4        retired officer possesses adequate skill in the  use  and
 5        handling   of   weapons.    Neither   the   Illinois  Law
 6        Enforcement Training Standards  Board,  nor  the  retired
 7        officer's  former  police agency, shall be liable for any
 8        actions taken by the retired officer with a weapon.   The
 9        Illinois  Law  Enforcement Training Standards Board shall
10        not be liable for providing training or  for  failing  to
11        train  the retired officer.  The Illinois Law Enforcement
12        Training Standards Board shall be authorized to charge  a
13        fee  to  cover  such  expenses for testing and keeping of
14        records.
15             For the purpose of this  paragraph  the  term  "good
16        standing"  shall  be  defined as full-time service either
17        with  one  police  department  located  in  Illinois   or
18        collectively  with  several police departments located in
19        Illinois, so long as the total full-time  service  equals
20        at   least  20  years  and  the  officer  left  the  last
21        department in good standing.
22             Prima  facie  evidence  of  entitlement   shall   be
23        possession  of a picture identification card showing that
24        he or she is a retired Illinois peace  officer,  a  valid
25        Firearm    Owner's    Identification    Card,   and   the
26        identification card showing successful qualification with
27        the firearm within the last  year.    The  identification
28        card  shall  be displayed to any Illinois law enforcement
29        officer upon request.  Any retired officer that no longer
30        qualifies  to  possess  an   Illinois   Firearm   Owner's
31        Identification Card shall lose good standing status.
32             (13)  Court   Security   Officers   while   in   the
33        performance  of their official duties, or while commuting
34        between their homes and places of  employment,  with  the
                            -15-               LRB9000832RCks
 1        consent of the Sheriff.
 2             (14)  Manufacture,   transportation,   or   sale  of
 3        weapons to  persons  authorized  under  subdivisions  (1)
 4        through (13) of this subsection to possess those weapons.
 5        (b)  Subsections  24-1(a)(4) and 24-1(a)(10) do not apply
 6    to or affect any of the following:
 7             (1)  Members of any club or  organization  organized
 8        for  the  purpose  of practicing shooting at targets upon
 9        established target ranges, whether public or private, and
10        patrons of such ranges, while such members or patrons are
11        using their firearms on those target ranges.
12             (2)  Duly authorized military or civil organizations
13        while  parading,  with  the  special  permission  of  the
14        Governor.
15             (3)  Licensed hunters, trappers or  fishermen  while
16        engaged in hunting, trapping or fishing.
17             (4)  Transportation  of weapons that are broken down
18        in  a  non-functioning  state  or  are  not   immediately
19        accessible.
20        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
21    any of the following:
22             (1)  Peace officers while in  performance  of  their
23        official duties.
24             (2)  Wardens,   superintendents   and   keepers   of
25        prisons, penitentiaries, jails and other institutions for
26        the  detention  of  persons  accused  or  convicted of an
27        offense.
28             (3)  Members of the Armed Services or Reserve Forces
29        of the United States  or  the  Illinois  National  Guard,
30        while in the performance of their official duty.
31             (4)  Manufacture, transportation, or sale of machine
32        guns to persons authorized under subdivisions (1) through
33        (3)  of  this  subsection to possess machine guns, if the
34        machine guns are broken down in a  non-functioning  state
                            -16-               LRB9000832RCks
 1        or are not immediately accessible.
 2             (5)  Persons   licensed   under   federal   law   to
 3        manufacture  any  weapon  from  which  8 or more shots or
 4        bullets can be discharged by a  single  function  of  the
 5        firing  device,  or  ammunition  for  such  weapons,  and
 6        actually  engaged  in  the business of manufacturing such
 7        weapons  or  ammunition,  but  only   with   respect   to
 8        activities  which  are  within  the  lawful scope of such
 9        business, such as  the  manufacture,  transportation,  or
10        testing  of  such  weapons or ammunition.  This exemption
11        does not authorize the general private possession of  any
12        weapon  from  which  8  or  more  shots or bullets can be
13        discharged by a single function of the firing device, but
14        only such possession and activities  as  are  within  the
15        lawful   scope   of  a  licensed  manufacturing  business
16        described in this paragraph.
17             During transportation, such weapons shall be  broken
18        down  in  a  non-functioning  state  or  not  immediately
19        accessible.
20             (6)  The  manufacture, transport, testing, delivery,
21        transfer  or  sale,  and   all   lawful   commercial   or
22        experimental  activities  necessary  thereto,  of rifles,
23        shotguns, and weapons made from rifles  or  shotguns,  or
24        ammunition  for  such  rifles, shotguns or weapons, where
25        engaged in by a  person  operating  as  a  contractor  or
26        subcontractor  pursuant  to a contract or subcontract for
27        the development and  supply  of  such  rifles,  shotguns,
28        weapons  or ammunition to the United States government or
29        any branch of the Armed Forces of the United States, when
30        such activities are necessary and incident to  fulfilling
31        the terms of such contract.
32             The  exemption granted under this subdivision (c)(6)
33        shall also apply to any  authorized  agent  of  any  such
34        contractor  or  subcontractor who is operating within the
                            -17-               LRB9000832RCks
 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             During transportation,  any  such  weapon  shall  be
 5        broken   down   in   a   non-functioning  state,  or  not
 6        immediately accessible.
 7        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
 8    purchase,   possession   or   carrying  of  a  black-jack  or
 9    slung-shot by a peace officer.
10        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
11    manager or authorized employee of any place specified in that
12    subsection nor to any law enforcement officer.
13        (f)  Subsection  24-1(a)(4) and subsection 24-1(a)(10) do
14    not apply to members of any club  or  organization  organized
15    for  the  purpose  of  practicing  shooting  at  targets upon
16    established target ranges, whether public or  private,  while
17    using their firearms on those target ranges.
18        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
19    apply to:
20             (1)  Members of the Armed Services or Reserve Forces
21        of  the  United  States  or  the Illinois National Guard,
22        while in the performance of their official duty.
23             (2)  Bonafide  collectors  of  antique  or   surplus
24        military ordinance.
25             (3)  Laboratories  having  a  department of forensic
26        ballistics,  or  specializing  in  the   development   of
27        ammunition or explosive ordinance.
28             (4)  Commerce,  preparation,  assembly or possession
29        of  explosive  bullets  by  manufacturers  of  ammunition
30        licensed by the federal government,  in  connection  with
31        the supply of those organizations and persons exempted by
32        subdivision (g)(1) of this Section, or like organizations
33        and  persons outside this State, or the transportation of
34        explosive bullets to any organization or person  exempted
                            -18-               LRB9000832RCks
 1        in this Section by a common carrier or by a vehicle owned
 2        or leased by an exempted manufacturer.
 3        (h)  An  information or indictment based upon a violation
 4    of any subsection of  this  Article  need  not  negative  any
 5    exemptions  contained  in  this Article.  The defendant shall
 6    have the burden of proving such an exemption.
 7        (i)  Nothing in this Article shall prohibit, apply to, or
 8    affect the transportation, carrying, or  possession,  of  any
 9    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
10    consigned  to a common carrier operating under license of the
11    State of Illinois  or  the  federal  government,  where  such
12    transportation,  carrying,  or  possession is incident to the
13    lawful  transportation  in  which  such  common  carrier   is
14    engaged;  and  nothing  in this Article shall prohibit, apply
15    to, or affect the transportation, carrying, or possession  of
16    any  pistol, revolver, stun gun, taser, or other firearm, not
17    the subject of and  regulated  by  subsection  24-1(a)(7)  or
18    subsection  24-2(c)  of  this  Article, which is unloaded and
19    enclosed in a case, firearm carrying box,  shipping  box,  or
20    other  container,  by the possessor of a valid Firearm Owners
21    Identification Card.
22    (Source: P.A. 89-685, eff. 6-1-97.)
23        Section 95.  No acceleration or delay.   Where  this  Act
24    makes changes in a statute that is represented in this Act by
25    text  that  is not yet or no longer in effect (for example, a
26    Section represented by multiple versions), the  use  of  that
27    text  does  not  accelerate or delay the taking effect of (i)
28    the changes made by this Act or (ii) provisions derived  from
29    any other Public Act.

[ Top ]