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91_HB1513
LRB9104884RCks
1 AN ACT to permit retired peace officers to carry
2 concealed firearms.
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 8.3 as follows:
7 (50 ILCS 705/8.3 new)
8 Sec. 8.3. Concealed weapons identification.
9 (a) In this Section, "retired peace officer" means:
10 (1) a graduate of a police training institute or
11 academy, and who thereafter served for at least 15
12 consecutive years as a sworn, full-time peace officer
13 qualified to carry firearms for any federal or State
14 department or agency; or for any unit of local government
15 of Illinois; and
16 (2) who has retired as a local, State or federal
17 peace officer in a publicly created peace officer
18 retirement system; and
19 (3) whose service in law enforcement was honorably
20 terminated through retirement or disability, and not as a
21 result of discipline, suspension or discharge; and
22 (4) who possesses a currently valid Firearm Owner's
23 Identification Card issued under the Firearm Owners
24 Identification Card Act, and a currently valid Illinois
25 driver's license.
26 (b) Duties of Board. The Illinois Law Enforcement
27 Training Standards Board must issue appropriate concealed
28 weapons identification, valid for a period of one year from
29 the date of issuance, to any person presenting certified
30 documentation in a form acceptable to it of an applicant's
31 fulfilling the requirements of this Section, and its
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1 verification of that information by independent inquiry of
2 the retiree's identified police agency, force, or employing
3 jurisdiction.
4 The Board may charge a reasonable fee for the processing
5 of applications and the provision of concealed weapons
6 identification. The fee must be deposited into the Traffic
7 and Criminal Conviction Surcharge Fund. Expenditures for
8 activities related to the processing of applications and the
9 provision of identification are considered ordinary and
10 contingent expenses as described in subsection (1) of Section
11 9 of this Act.
12 Section 10. The Criminal Code of 1961 is amended by
13 changing Section 24-2 as follows:
14 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
15 Sec. 24-2. Exemptions.
16 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
17 do not apply to or affect any of the following:
18 (1) Peace officers, and any person summoned by a
19 peace officer to assist in making arrests or preserving
20 the peace, while actually engaged in assisting such
21 officer.
22 (2) Wardens, superintendents and keepers of
23 prisons, penitentiaries, jails and other institutions for
24 the detention of persons accused or convicted of an
25 offense, while in the performance of their official duty,
26 or while commuting between their homes and places of
27 employment.
28 (3) Members of the Armed Services or Reserve Forces
29 of the United States or the Illinois National Guard or
30 the Reserve Officers Training Corps, while in the
31 performance of their official duty.
32 (4) Special agents employed by a railroad or a
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1 public utility to perform police functions, and guards of
2 armored car companies, while actually engaged in the
3 performance of the duties of their employment or
4 commuting between their homes and places of employment;
5 and watchmen while actually engaged in the performance of
6 the duties of their employment.
7 (5) Persons licensed as private security
8 contractors, private detectives, or private alarm
9 contractors, or employed by an agency certified by the
10 Department of Professional Regulation, if their duties
11 include the carrying of a weapon under the provisions of
12 the Private Detective, Private Alarm, and Private
13 Security Act of 1983, while actually engaged in the
14 performance of the duties of their employment or
15 commuting between their homes and places of employment,
16 provided that such commuting is accomplished within one
17 hour from departure from home or place of employment, as
18 the case may be. Persons exempted under this subdivision
19 (a)(5) shall be required to have completed a course of
20 study in firearms handling and training approved and
21 supervised by the Department of Professional Regulation
22 as prescribed by Section 28 of the Private Detective,
23 Private Alarm, and Private Security Act of 1983, prior to
24 becoming eligible for this exemption. The Department of
25 Professional Regulation shall provide suitable
26 documentation demonstrating the successful completion of
27 the prescribed firearms training. Such documentation
28 shall be carried at all times when such persons are in
29 possession of a concealable weapon.
30 (6) Any person regularly employed in a commercial
31 or industrial operation as a security guard for the
32 protection of persons employed and private property
33 related to such commercial or industrial operation, while
34 actually engaged in the performance of his or her duty or
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1 traveling between sites or properties belonging to the
2 employer, and who, as a security guard, is a member of a
3 security force of at least 5 persons registered with the
4 Department of Professional Regulation; provided that such
5 security guard has successfully completed a course of
6 study, approved by and supervised by the Department of
7 Professional Regulation, consisting of not less than 40
8 hours of training that includes the theory of law
9 enforcement, liability for acts, and the handling of
10 weapons. A person shall be considered eligible for this
11 exemption if he or she has completed the required 20
12 hours of training for a security officer and 20 hours of
13 required firearm training, and has been issued a firearm
14 authorization card by the Department of Professional
15 Regulation. Conditions for the renewal of firearm
16 authorization cards issued under the provisions of this
17 Section shall be the same as for those cards issued under
18 the provisions of the Private Detective, Private Alarm
19 and Private Security Act of 1983. Such firearm
20 authorization card shall be carried by the security guard
21 at all times when he or she is in possession of a
22 concealable weapon.
23 (7) Agents and investigators of the Illinois
24 Legislative Investigating Commission authorized by the
25 Commission to carry the weapons specified in subsections
26 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
27 any investigation for the Commission.
28 (8) Persons employed by a financial institution for
29 the protection of other employees and property related to
30 such financial institution, while actually engaged in the
31 performance of their duties, commuting between their
32 homes and places of employment, or traveling between
33 sites or properties owned or operated by such financial
34 institution, provided that any person so employed has
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1 successfully completed a course of study, approved by and
2 supervised by the Department of Professional Regulation,
3 consisting of not less than 40 hours of training which
4 includes theory of law enforcement, liability for acts,
5 and the handling of weapons. A person shall be considered
6 to be eligible for this exemption if he or she has
7 completed the required 20 hours of training for a
8 security officer and 20 hours of required firearm
9 training, and has been issued a firearm authorization
10 card by the Department of Professional Regulation.
11 Conditions for renewal of firearm authorization cards
12 issued under the provisions of this Section shall be the
13 same as for those issued under the provisions of the
14 Private Detective, Private Alarm and Private Security Act
15 of 1983. Such firearm authorization card shall be
16 carried by the person so trained at all times when such
17 person is in possession of a concealable weapon. For
18 purposes of this subsection, "financial institution"
19 means a bank, savings and loan association, credit union
20 or company providing armored car services.
21 (9) Any person employed by an armored car company
22 to drive an armored car, while actually engaged in the
23 performance of his duties.
24 (10) Persons who have been classified as peace
25 officers pursuant to the Peace Officer Fire Investigation
26 Act.
27 (11) Investigators of the Office of the State's
28 Attorneys Appellate Prosecutor authorized by the board of
29 governors of the Office of the State's Attorneys
30 Appellate Prosecutor to carry weapons pursuant to Section
31 7.06 of the State's Attorneys Appellate Prosecutor's Act.
32 (12) Special investigators appointed by a State's
33 Attorney under Section 3-9005 of the Counties Code.
34 (13) Court Security Officers while in the
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1 performance of their official duties, or while commuting
2 between their homes and places of employment, with the
3 consent of the Sheriff.
4 (14) Manufacture, transportation, or sale of
5 weapons to persons authorized under subdivisions (1)
6 through (13) of this subsection to possess those weapons.
7 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
8 to or affect any of the following:
9 (1) Members of any club or organization organized
10 for the purpose of practicing shooting at targets upon
11 established target ranges, whether public or private, and
12 patrons of such ranges, while such members or patrons are
13 using their firearms on those target ranges.
14 (2) Duly authorized military or civil organizations
15 while parading, with the special permission of the
16 Governor.
17 (3) Licensed hunters, trappers or fishermen while
18 engaged in hunting, trapping or fishing.
19 (4) Transportation of weapons that are broken down
20 in a non-functioning state or are not immediately
21 accessible.
22 (5) A retired peace officer who possesses concealed
23 weapons identification under Section 8.3 of the Illinois
24 Police Training Act.
25 (c) Subsection 24-1(a)(7) does not apply to or affect
26 any of the following:
27 (1) Peace officers while in performance of their
28 official duties.
29 (2) Wardens, superintendents and keepers of
30 prisons, penitentiaries, jails and other institutions for
31 the detention of persons accused or convicted of an
32 offense.
33 (3) Members of the Armed Services or Reserve Forces
34 of the United States or the Illinois National Guard,
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1 while in 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
6 or are not immediately accessible.
7 (5) Persons licensed under federal law to
8 manufacture any weapon from which 8 or more shots or
9 bullets can be discharged by a single function of the
10 firing device, or ammunition for such weapons, and
11 actually engaged in the business of manufacturing such
12 weapons or ammunition, but only with respect to
13 activities which are within the lawful scope of such
14 business, such as the manufacture, transportation, or
15 testing of such weapons or ammunition. This exemption
16 does not authorize the general private possession of any
17 weapon from which 8 or more shots or bullets can be
18 discharged by a single function of the firing device, but
19 only such possession and activities as are within the
20 lawful scope of a licensed manufacturing business
21 described in this paragraph.
22 During transportation, such weapons shall be broken
23 down in a non-functioning state or not immediately
24 accessible.
25 (6) The manufacture, transport, testing, delivery,
26 transfer or sale, and all lawful commercial or
27 experimental activities necessary thereto, of rifles,
28 shotguns, and weapons made from rifles or shotguns, or
29 ammunition for such rifles, shotguns or weapons, where
30 engaged in by a person operating as a contractor or
31 subcontractor pursuant to a contract or subcontract for
32 the development and supply of such rifles, shotguns,
33 weapons or ammunition to the United States government or
34 any branch of the Armed Forces of the United States, when
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1 such activities are necessary and incident to fulfilling
2 the terms of such contract.
3 The exemption granted under this subdivision (c)(6)
4 shall also apply to any authorized agent of any such
5 contractor or subcontractor who is operating within the
6 scope of his employment, where such activities involving
7 such weapon, weapons or ammunition are necessary and
8 incident to fulfilling the terms of such contract.
9 During transportation, any such weapon shall be
10 broken down in a non-functioning state, or not
11 immediately accessible.
12 (d) Subsection 24-1(a)(1) does not apply to the
13 purchase, possession or carrying of a black-jack or
14 slung-shot by a peace officer.
15 (e) Subsection 24-1(a)(8) does not apply to any owner,
16 manager or authorized employee of any place specified in that
17 subsection nor to any law enforcement officer.
18 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
19 not apply to members of any club or organization organized
20 for the purpose of practicing shooting at targets upon
21 established target ranges, whether public or private, while
22 using their firearms on those target ranges.
23 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
24 apply to:
25 (1) Members of the Armed Services or Reserve Forces
26 of the United States or the Illinois National Guard,
27 while in the performance of their official duty.
28 (2) Bonafide collectors of antique or surplus
29 military ordinance.
30 (3) Laboratories having a department of forensic
31 ballistics, or specializing in the development of
32 ammunition or explosive ordinance.
33 (4) Commerce, preparation, assembly or possession
34 of explosive bullets by manufacturers of ammunition
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1 licensed by the federal government, in connection with
2 the supply of those organizations and persons exempted by
3 subdivision (g)(1) of this Section, or like organizations
4 and persons outside this State, or the transportation of
5 explosive bullets to any organization or person exempted
6 in this Section by a common carrier or by a vehicle owned
7 or leased by an exempted manufacturer.
8 (h) An information or indictment based upon a violation
9 of any subsection of this Article need not negative any
10 exemptions contained in this Article. The defendant shall
11 have the burden of proving such an exemption.
12 (i) Nothing in this Article shall prohibit, apply to, or
13 affect the transportation, carrying, or possession, of any
14 pistol or revolver, stun gun, taser, or other firearm
15 consigned to a common carrier operating under license of the
16 State of Illinois or the federal government, where such
17 transportation, carrying, or possession is incident to the
18 lawful transportation in which such common carrier is
19 engaged; and nothing in this Article shall prohibit, apply
20 to, or affect the transportation, carrying, or possession of
21 any pistol, revolver, stun gun, taser, or other firearm, not
22 the subject of and regulated by subsection 24-1(a)(7) or
23 subsection 24-2(c) of this Article, which is unloaded and
24 enclosed in a case, firearm carrying box, shipping box, or
25 other container, by the possessor of a valid Firearm Owners
26 Identification Card.
27 (Source: P.A. 89-685, eff. 6-1-97.)