99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1408
 
Introduced , by Rep. Thomas Bennett
 
SYNOPSIS AS INTRODUCED:



   
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2

 Amends the Criminal Code of 2012. Provides that a person who has been issued a currently
valid Firearm Owner's
Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box,
shipping box, or other container if the firearm is unloaded.



LRB099 07246 RLC 27347 b


 
 
A BILL FOR
 


HB1408LRB099 07246 RLC 27347 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 24-1, 24-1.6, and 24-2 as follows:




6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


7 Sec. 24-1. Unlawful Use of Weapons. 

8 (a) A person commits the offense of unlawful use of weapons 
9when
he knowingly:


10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon,
black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star,
or any knife, 
14 commonly referred to as a switchblade knife, which has a

15 blade that opens automatically by hand pressure applied to 
16 a button,
spring or other device in the handle of the 
17 knife, or a ballistic knife,
which is a device that propels 
18 a knifelike blade as a projectile by means
of a coil 
19 spring, elastic material or compressed gas; or


20  (2) Carries or possesses with intent to use the same 
21 unlawfully
against another, a dagger, dirk, billy, 
22 dangerous knife, razor,
stiletto, broken bottle or other 
23 piece of glass, stun gun or taser or
any other dangerous or 
 
 
HB1408- 2 -LRB099 07246 RLC 27347 b


1 deadly weapon or instrument of like character; or


2  (3) Carries on or about his person or in any vehicle, a 
3 tear gas gun
projector or bomb or any object containing 
4 noxious liquid gas or
substance, other than an object 
5 containing a non-lethal noxious liquid gas
or substance 
6 designed solely for personal defense carried by a person 18

7 years of age or older; or


8  (4) Carries or possesses in any vehicle or concealed on 
9 or about his
person except when on his land or in his own 
10 abode, legal dwelling, or fixed place of
business, or on 
11 the land or in the legal dwelling of another person as an 
12 invitee with that person's permission, any pistol, 
13 revolver, stun gun or taser or other firearm, except
that

14 this subsection (a) (4) does not apply to or affect 
15 transportation of:
16   (A) weapons, other than rifles, shotguns, or other 
17 long guns that are transported in a vehicle,
that meet 
18 one of the following conditions:

19 
   (i) are broken down in a non-functioning 
20 state; or

21 
   (ii) are not immediately accessible; or


22    (iii) are unloaded and enclosed in a case, 
23 firearm carrying box,
shipping box, or other 
24 container by a person who has been issued a 
25 currently
valid Firearm Owner's
Identification 
26 Card; or

 
 
HB1408- 3 -LRB099 07246 RLC 27347 b


1   (B) rifles, shotguns, or other long guns in a 
2 vehicle by a person who has been issued a currently

3 valid Firearm Owner's
Identification Card if the 
4 firearms are unloaded; or 

5  (5) Sets a spring gun; or


6  (6) Possesses any device or attachment of any kind 
7 designed, used or
intended for use in silencing the report 
8 of any firearm; or


9  (7) Sells, manufactures, purchases, possesses or 
10 carries:


11   (i) a machine gun, which shall be defined for the 
12 purposes of this
subsection as any weapon,
which 
13 shoots, is designed to shoot, or can be readily 
14 restored to shoot,
automatically more than one shot 
15 without manually reloading by a single
function of the 
16 trigger, including the frame or receiver
of any such 
17 weapon, or sells, manufactures, purchases, possesses, 
18 or
carries any combination of parts designed or 
19 intended for
use in converting any weapon into a 
20 machine gun, or any combination or
parts from which a 
21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;


23   (ii) any rifle having one or
more barrels less than 
24 16 inches in length or a shotgun having one or more

25 barrels less than 18 inches in length or any weapon 
26 made from a rifle or
shotgun, whether by alteration, 
 
 
HB1408- 4 -LRB099 07246 RLC 27347 b


1 modification, or otherwise, if such a weapon
as 
2 modified has an overall length of less than 26 inches; 
3 or


4   (iii) any
bomb, bomb-shell, grenade, bottle or 
5 other container containing an
explosive substance of 
6 over one-quarter ounce for like purposes, such
as, but 
7 not limited to, black powder bombs and Molotov 
8 cocktails or
artillery projectiles; or


9  (8) Carries or possesses any firearm, stun gun or taser 
10 or other
deadly weapon in any place which is licensed to 
11 sell intoxicating
beverages, or at any public gathering 
12 held pursuant to a license issued
by any governmental body 
13 or any public gathering at which an admission
is charged, 
14 excluding a place where a showing, demonstration or lecture

15 involving the exhibition of unloaded firearms is 
16 conducted.


17  This subsection (a)(8) does not apply to any auction or 
18 raffle of a firearm
held pursuant to
a license or permit 
19 issued by a governmental body, nor does it apply to persons

20 engaged
in firearm safety training courses; or


21  (9) Carries or possesses in a vehicle or on or about 
22 his person any
pistol, revolver, stun gun or taser or 
23 firearm or ballistic knife, when
he is hooded, robed or 
24 masked in such manner as to conceal his identity; or


25  (10) Carries or possesses on or about his person, upon 
26 any public street,
alley, or other public lands within the 
 
 
HB1408- 5 -LRB099 07246 RLC 27347 b


1 corporate limits of a city, village
or incorporated town, 
2 except when an invitee thereon or therein, for the
purpose 
3 of the display of such weapon or the lawful commerce in 
4 weapons, or
except when on his land or in his own abode, 
5 legal dwelling, or fixed place of business, or on the land 
6 or in the legal dwelling of another person as an invitee 
7 with that person's permission, any
pistol, revolver, stun 
8 gun or taser or other firearm, except that this
subsection 
9 (a) (10) does not apply to or affect transportation of 
10 weapons as provided in subsection 24-1(a)(4)(B) or that

11 meet one of the following conditions:


12   (i) are broken down in a non-functioning state; or


13   (ii) are not immediately accessible; or


14   (iii) are unloaded and enclosed in a case, firearm 
15 carrying box,
shipping box, or other container by a 
16 person who has been issued a currently
valid Firearm 
17 Owner's
Identification Card.


18  A "stun gun or taser", as used in this paragraph (a) 
19 means (i) any device
which is powered by electrical 
20 charging units, such as, batteries, and
which fires one or 
21 several barbs attached to a length of wire and
which, upon 
22 hitting a human, can send out a current capable of 
23 disrupting
the person's nervous system in such a manner as 
24 to render him incapable of
normal functioning or (ii) any 
25 device which is powered by electrical
charging units, such 
26 as batteries, and which, upon contact with a human or

 
 
HB1408- 6 -LRB099 07246 RLC 27347 b


1 clothing worn by a human, can send out current capable of 
2 disrupting
the person's nervous system in such a manner as 
3 to render him incapable
of normal functioning; or


4  (11) Sells, manufactures or purchases any explosive 
5 bullet. For purposes
of this paragraph (a) "explosive 
6 bullet" means the projectile portion of
an ammunition 
7 cartridge which contains or carries an explosive charge 
8 which
will explode upon contact with the flesh of a human 
9 or an animal.
"Cartridge" means a tubular metal case having 
10 a projectile affixed at the
front thereof and a cap or 
11 primer at the rear end thereof, with the
propellant 
12 contained in such tube between the projectile and the cap; 
13 or


14  (12) (Blank); or

15  (13) Carries or possesses on or about his or her person 
16 while in a building occupied by a unit of government, a 
17 billy club, other weapon of like character, or other 
18 instrument of like character intended for use as a weapon. 
19 For the purposes of this Section, "billy club" means a 
20 short stick or club commonly carried by police officers 
21 which is either telescopic or constructed of a solid piece 
22 of wood or other man-made material. 
23 (b) Sentence. A person convicted of a violation of 
24subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

25subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
26Class A
misdemeanor.
A person convicted of a violation of 
 
 
HB1408- 7 -LRB099 07246 RLC 27347 b


1subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
2person
convicted of a violation of subsection 24-1(a)(6) or 
324-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
4convicted of a violation of subsection
24-1(a)(7)(i) commits a 
5Class 2 felony and shall be sentenced to a term of imprisonment 
6of not less than 3 years and not more than 7 years, unless the 
7weapon is possessed in the
passenger compartment of a motor 
8vehicle as defined in Section 1-146 of the
Illinois Vehicle 
9Code, or on the person, while the weapon is loaded, in which

10case it shall be a Class X felony. A person convicted of a

11second or subsequent violation of subsection 24-1(a)(4), 
1224-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
13felony. The possession of each weapon in violation of this 
14Section constitutes a single and separate violation.

15 (c) Violations in specific places.


16  (1) A person who violates subsection 24-1(a)(6) or 
17 24-1(a)(7) in any
school, regardless of the time of day or 
18 the time of year, in residential
property owned, operated 
19 or managed by a public housing agency or
leased by
a public 
20 housing agency as part of a scattered site or mixed-income

21 development, in a
public park, in a courthouse, on the real 
22 property comprising any school,
regardless of the
time of 
23 day or the time of year, on residential property owned, 
24 operated
or
managed by a public housing agency
or leased by 
25 a public housing agency as part of a scattered site or

26 mixed-income development,
on the real property comprising 
 
 
HB1408- 8 -LRB099 07246 RLC 27347 b


1 any
public park, on the real property comprising any 
2 courthouse, in any conveyance
owned, leased or contracted 
3 by a school to
transport students to or from school or a 
4 school related activity, in any conveyance
owned, leased, 
5 or contracted by a public transportation agency, or on any

6 public way within 1,000 feet of the real property 
7 comprising any school,
public park, courthouse, public 
8 transportation facility, or residential property owned, 
9 operated, or managed
by a public housing agency
or leased 
10 by a public housing agency as part of a scattered site or

11 mixed-income development
commits a Class 2 felony and shall 
12 be sentenced to a term of imprisonment of not less than 3 
13 years and not more than 7 years.


14  (1.5) A person who violates subsection 24-1(a)(4), 
15 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
16 time of day or the time of year,
in residential property 
17 owned, operated, or managed by a public
housing
agency
or 
18 leased by a public housing agency as part of a scattered 
19 site or
mixed-income development,
in
a public
park, in a 
20 courthouse, on the real property comprising any school, 
21 regardless
of the time of day or the time of year, on 
22 residential property owned,
operated, or managed by a 
23 public housing agency
or leased by a public housing agency 
24 as part of a scattered site or
mixed-income development,
on 
25 the real property
comprising any public park, on the real 
26 property comprising any courthouse, in
any conveyance 
 
 
HB1408- 9 -LRB099 07246 RLC 27347 b


1 owned, leased, or contracted by a school to transport 
2 students
to or from school or a school related activity, in 
3 any conveyance
owned, leased, or contracted by a public 
4 transportation agency, or on any public way within
1,000 
5 feet of the real property comprising any school, public 
6 park, courthouse,
public transportation facility, or 
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

10 commits a Class 3 felony.


11  (2) A person who violates subsection 24-1(a)(1), 
12 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
13 time of day or the time of year, in
residential property 
14 owned, operated or managed by a public housing
agency
or 
15 leased by a public housing agency as part of a scattered 
16 site or
mixed-income development,
in
a public park, in a 
17 courthouse, on the real property comprising any school,

18 regardless of the time of day or the time of year, on 
19 residential property
owned, operated or managed by a public 
20 housing agency
or leased by a public housing agency as part 
21 of a scattered site or
mixed-income development,
on the 
22 real property
comprising any public park, on the real 
23 property comprising any courthouse, in
any conveyance 
24 owned, leased or contracted by a school to transport 
25 students
to or from school or a school related activity, in 
26 any conveyance
owned, leased, or contracted by a public 
 
 
HB1408- 10 -LRB099 07246 RLC 27347 b


1 transportation agency, or on any public way within
1,000 
2 feet of the real property comprising any school, public 
3 park, courthouse,
public transportation facility, or 
4 residential property owned, operated, or managed by a 
5 public
housing agency or leased by a public housing agency 
6 as part of a scattered
site or mixed-income development 
7 commits a Class 4 felony. "Courthouse"
means any building 
8 that is used by the Circuit, Appellate, or Supreme Court of

9 this State for the conduct of official business.


10  (3) Paragraphs (1), (1.5), and (2) of this subsection 
11 (c) shall not
apply to law
enforcement officers or security 
12 officers of such school, college, or
university or to 
13 students carrying or possessing firearms for use in 
14 training
courses, parades, hunting, target shooting on 
15 school ranges, or otherwise with
the consent of school 
16 authorities and which firearms are transported unloaded

17 enclosed in a suitable case, box, or transportation 
18 package.


19  (4) For the purposes of this subsection (c), "school" 
20 means any public or
private elementary or secondary school, 
21 community college, college, or
university.

22  (5) For the purposes of this subsection (c), "public 
23 transportation agency" means a public or private agency 
24 that provides for the transportation or conveyance of

25 persons by means available to the general public, except 
26 for transportation
by automobiles not used for conveyance 
 
 
HB1408- 11 -LRB099 07246 RLC 27347 b


1 of the general public as passengers; and "public 
2 transportation facility" means a terminal or other place

3 where one may obtain public transportation.

4 (d) The presence in an automobile other than a public 
5omnibus of any
weapon, instrument or substance referred to in 
6subsection (a)(7) is
prima facie evidence that it is in the 
7possession of, and is being
carried by, all persons occupying 
8such automobile at the time such
weapon, instrument or 
9substance is found, except under the following
circumstances: 
10(i) if such weapon, instrument or instrumentality is
found upon 
11the person of one of the occupants therein; or (ii) if such

12weapon, instrument or substance is found in an automobile 
13operated for
hire by a duly licensed driver in the due, lawful 
14and proper pursuit of
his trade, then such presumption shall 
15not apply to the driver.

16 (e) Exemptions. Crossbows, Common or Compound bows and 
17Underwater
Spearguns are exempted from the definition of 
18ballistic knife as defined in
paragraph (1) of subsection (a) 
19of this Section.

20(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 
2195-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 
2296-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)


23 (720 ILCS 5/24-1.6)
24 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
25 (a) A person commits the offense of aggravated unlawful use 
 
 
HB1408- 12 -LRB099 07246 RLC 27347 b


1of a weapon when
he or she knowingly:
2  (1) Carries on or about his or her person or in any 
3 vehicle or concealed
on or about his or her person except 
4 when on his or her land or in his or her
abode, legal 
5 dwelling, or fixed place of business, or on the land or in 
6 the legal dwelling of another person as an invitee with 
7 that person's permission, any pistol, revolver, stun gun or 
8 taser or
other firearm; or
9  (2) Carries or possesses on or about his or her person, 
10 upon any public
street, alley, or other public lands within 
11 the corporate limits of a city,
village or incorporated 
12 town, except when an invitee thereon or therein, for
the 
13 purpose of the display of such weapon or the lawful 
14 commerce in weapons, or
except when on his or her own land 
15 or in his or her own abode, legal dwelling, or fixed place 
16 of
business, or on the land or in the legal dwelling of 
17 another person as an invitee with that person's permission, 
18 any pistol, revolver, stun gun or taser or other firearm; 
19 and
20  (3) One of the following factors is present:
21   (A) the firearm, other than a pistol, revolver, or 
22 handgun, possessed was uncased, loaded, and 
23 immediately accessible
at the time of the offense; or
24   (A-5) the pistol, revolver, or handgun possessed 
25 was uncased, loaded, and immediately accessible
at the 
26 time of the offense and the person possessing the 
 
 
HB1408- 13 -LRB099 07246 RLC 27347 b


1 pistol, revolver, or handgun has not been issued a 
2 currently valid license under the Firearm Concealed 
3 Carry Act; or 
4   (B) the firearm, other than a pistol, revolver, or 
5 handgun, possessed was uncased, unloaded, and the 
6 ammunition for
the weapon was immediately accessible 
7 at the time of the offense; or
8   (B-5) the pistol, revolver, or handgun possessed 
9 was uncased, unloaded, and the ammunition for
the 
10 weapon was immediately accessible at the time of the 
11 offense and the person possessing the pistol, 
12 revolver, or handgun has not been issued a currently 
13 valid license under the Firearm Concealed Carry Act; or 
14   (C) the person possessing the firearm has not been 
15 issued a currently
valid Firearm Owner's 
16 Identification Card; or
17   (D) the person possessing the weapon was 
18 previously adjudicated
a delinquent minor under the 
19 Juvenile Court Act of 1987 for an act that if
committed 
20 by an adult would be a felony; or
21   (E) the person possessing the weapon was engaged in 
22 a misdemeanor
violation of the Cannabis
Control Act, in 
23 a misdemeanor violation of the Illinois Controlled 
24 Substances
Act, or in a misdemeanor violation of the 
25 Methamphetamine Control and Community Protection Act; 
26 or
 
 
HB1408- 14 -LRB099 07246 RLC 27347 b


1   (F) (blank); or
2   (G) the person possessing the weapon had a order of 
3 protection issued
against him or her within the 
4 previous 2 years; or
5   (H) the person possessing the weapon was engaged in 
6 the commission or
attempted commission of
a 
7 misdemeanor involving the use or threat of violence 
8 against
the person or property of another; or
9   (I) the person possessing the weapon was under 21 
10 years of age and in
possession of a handgun, unless the 
11 person under 21
is engaged in lawful activities under 
12 the Wildlife Code or described in
subsection 
13 24-2(b)(1), (b)(3), or 24-2(f).
14 (a-5) "Handgun" as used in this Section has the meaning 
15given to it in Section 5 of the Firearm Concealed Carry Act. 
16 (b) "Stun gun or taser" as used in this Section has the 
17same definition
given to it in Section 24-1 of this Code.
18 (c) This Section does not apply to or affect the 
19transportation or
possession
of weapons as provided in 
20subsection 24-1(a)(4)(B) or that:
21  (i) are broken down in a non-functioning state; or
22  (ii) are not immediately accessible; or
23  (iii) are unloaded and enclosed in a case, firearm 
24 carrying box,
shipping box, or other container by a person 
25 who has been issued a currently
valid Firearm Owner's

26 Identification Card.
 
 
HB1408- 15 -LRB099 07246 RLC 27347 b


1 (d) Sentence.
2   (1) Aggravated unlawful use of a weapon is a Class 4 
3 felony;
a second or subsequent offense is a Class 2 felony 
4 for which the person shall be sentenced to a term of 
5 imprisonment of not less than 3 years and not more than 7 
6 years. 
7  (2) Except as otherwise provided in paragraphs (3) and 
8 (4) of this subsection (d), a first offense of aggravated 
9 unlawful use of a weapon committed with a firearm by a 
10 person 18 years of age or older where the factors listed in 
11 both items (A) and (C) or both items (A-5) and (C) of 
12 paragraph (3) of subsection (a) are present is a Class 4 
13 felony, for which the person shall be sentenced to a term 
14 of imprisonment of not less than one year and not more than 
15 3 years.
16  (3) Aggravated unlawful use of
a weapon by a person who 
17 has been previously
convicted of a felony in this State or 
18 another jurisdiction is a Class 2
felony for which the 
19 person shall be sentenced to a term of imprisonment of not 
20 less than 3 years and not more than 7 years. 
21  (4) Aggravated unlawful use of a weapon while wearing 
22 or in possession of body armor as defined in Section 33F-1 
23 by a person who has not been issued a valid Firearms 
24 Owner's Identification Card in accordance with Section 5 of 
25 the Firearm Owners Identification Card Act is a Class X 
26 felony.

 
 
HB1408- 16 -LRB099 07246 RLC 27347 b


1 (e) The possession of each firearm in violation of this 
2Section constitutes a single and separate violation.
3(Source: P.A. 98-63, eff. 7-9-13.)


4 (720 ILCS 5/24-2)



5 Sec. 24-2. Exemptions. 

6 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
724-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
8the following:

9  (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.

12  (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.

17  (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.

21  (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 
 
 
HB1408- 17 -LRB099 07246 RLC 27347 b


1 engaged in the performance of the duties of their 
2 employment.

3  (5) Persons licensed as private security contractors, 
4 private
detectives, or private alarm contractors, or 
5 employed by an agency
certified by the Department of 
6 Financial and Professional Regulation, if their duties

7 include the carrying of a weapon under the provisions of 
8 the Private
Detective, Private Alarm,
Private Security, 
9 Fingerprint Vendor, and Locksmith Act of 2004,
while 
10 actually
engaged in the performance of the duties of their 
11 employment or commuting
between their homes and places of 
12 employment, provided that such commuting
is accomplished 
13 within one hour from departure from home or place of

14 employment, as the case may be. A person shall be 
15 considered eligible for this
exemption if he or she has 
16 completed the required 20
hours of training for a private 
17 security contractor, private
detective, or private alarm 
18 contractor, or employee of a licensed agency and 20 hours 
19 of required firearm
training, and has been issued a firearm 
20 control card by
the Department of Financial and 
21 Professional Regulation. Conditions for the renewal of

22 firearm control cards issued under the provisions of this 
23 Section
shall be the same as for those cards issued under 
24 the provisions of the
Private Detective, Private Alarm,

25 Private Security, Fingerprint Vendor, and Locksmith Act of 
26 2004. The
firearm control card shall be carried by the 
 
 
HB1408- 18 -LRB099 07246 RLC 27347 b


1 private security contractor, private
detective, or private 
2 alarm contractor, or employee of the licensed agency at all

3 times when he or she is in possession of a concealable 
4 weapon.

5  (6) Any person regularly employed in a commercial or 
6 industrial
operation as a security guard for the protection 
7 of persons employed
and private property related to such 
8 commercial or industrial
operation, while actually engaged 
9 in the performance of his or her
duty or traveling between 
10 sites or properties belonging to the
employer, and who, as 
11 a security guard, is a member of a security force of
at 
12 least 5 persons registered with the Department of Financial 
13 and Professional
Regulation; provided that such security 
14 guard has successfully completed a
course of study, 
15 approved by and supervised by the Department of
Financial 
16 and Professional Regulation, consisting of not less than 40 
17 hours of training
that includes the theory of law 
18 enforcement, liability for acts, and the
handling of 
19 weapons. A person shall be considered eligible for this

20 exemption if he or she has completed the required 20
hours 
21 of training for a security officer and 20 hours of required 
22 firearm
training, and has been issued a firearm control 
23 card by
the Department of Financial and Professional 
24 Regulation. Conditions for the renewal of
firearm control 
25 cards issued under the provisions of this Section
shall be 
26 the same as for those cards issued under the provisions of 
 
 
HB1408- 19 -LRB099 07246 RLC 27347 b


1 the
Private Detective, Private Alarm,
Private Security, 
2 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
3 control card shall be carried by the security guard at all

4 times when he or she is in possession of a concealable 
5 weapon.

6  (7) Agents and investigators of the Illinois 
7 Legislative Investigating
Commission authorized by the 
8 Commission to carry the weapons specified in
subsections 
9 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

10 any investigation for the Commission.

11  (8) Persons employed by a financial institution for the 
12 protection of
other employees and property related to such 
13 financial institution, while
actually engaged in the 
14 performance of their duties, commuting between
their homes 
15 and places of employment, or traveling between sites or

16 properties owned or operated by such financial 
17 institution, provided that
any person so employed has 
18 successfully completed a course of study,
approved by and 
19 supervised by the Department of Financial and Professional 
20 Regulation,
consisting of not less than 40 hours of 
21 training which includes theory of
law enforcement, 
22 liability for acts, and the handling of weapons.
A person 
23 shall be considered to be eligible for this exemption if he 
24 or
she has completed the required 20 hours of training for 
25 a security officer
and 20 hours of required firearm 
26 training, and has been issued a
firearm control card by the 
 
 
HB1408- 20 -LRB099 07246 RLC 27347 b


1 Department of Financial and Professional Regulation.

2 Conditions for renewal of firearm control cards issued 
3 under the
provisions of this Section shall be the same as 
4 for those issued under the
provisions of the Private 
5 Detective, Private Alarm,
Private Security, Fingerprint 
6 Vendor, and Locksmith Act of 2004.
Such firearm control 
7 card shall be carried by the person so
trained at all times 
8 when such person is in possession of a concealable
weapon. 
9 For purposes of this subsection, "financial institution" 
10 means a
bank, savings and loan association, credit union or 
11 company providing
armored car services.

12  (9) Any person employed by an armored car company to 
13 drive an armored
car, while actually engaged in the 
14 performance of his duties.

15  (10) Persons who have been classified as peace officers 
16 pursuant
to the Peace Officer Fire Investigation 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 Appellate 
20 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
21 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) Probation officers while in the performance of 
25 their duties, or
while commuting between their homes, 
26 places of employment or specific locations
that are part of 
 
 
HB1408- 21 -LRB099 07246 RLC 27347 b


1 their assigned duties, with the consent of the chief judge 
2 of
the circuit for which they are employed, if they have 
3 received weapons training according
to requirements of the 
4 Peace Officer and Probation Officer Firearm Training Act.

5  (13) Court Security Officers while in the performance 
6 of their official
duties, or while commuting between their 
7 homes and places of employment, with
the
consent of the 
8 Sheriff.

9  (13.5) A person employed as an armed security guard at 
10 a nuclear energy,
storage, weapons or development site or 
11 facility regulated by the Nuclear
Regulatory Commission 
12 who has completed the background screening and training

13 mandated by the rules and regulations of the Nuclear 
14 Regulatory Commission.

15  (14) Manufacture, transportation, or sale of weapons 
16 to
persons
authorized under subdivisions (1) through 
17 (13.5) of this
subsection
to
possess those weapons.

18 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
19to
or affect any person carrying a concealed pistol, revolver, 
20or handgun and the person has been issued a currently valid 
21license under the Firearm Concealed Carry Act at the time of 
22the commission of the offense. 
23 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2424-1.6 do not
apply to or affect
any of the following:

25  (1) Members of any club or organization organized for 
26 the purpose of
practicing shooting at targets upon 
 
 
HB1408- 22 -LRB099 07246 RLC 27347 b


1 established target ranges, whether
public or private, and 
2 patrons of such ranges, while such members
or patrons are 
3 using their firearms on those target ranges.

4  (2) Duly authorized military or civil organizations 
5 while parading,
with the special permission of the 
6 Governor.

7  (3) Hunters, trappers or fishermen with a license or

8 permit while engaged in hunting,
trapping or fishing.

9  (4) Transportation of weapons that are broken down in a

10 non-functioning state or are not immediately accessible.

11  (5) Carrying or possessing any pistol, revolver, stun 
12 gun or taser or other firearm on the land or in the legal 
13 dwelling of another person as an invitee with that person's 
14 permission. 
15 (c) Subsection 24-1(a)(7) does not apply to or affect any 
16of the
following:

17  (1) Peace officers while in performance of their 
18 official duties.

19  (2) Wardens, superintendents and keepers of prisons, 
20 penitentiaries,
jails and other institutions for the 
21 detention of persons accused or
convicted of an offense.

22  (3) Members of the Armed Services or Reserve Forces of 
23 the United States
or the Illinois National Guard, while in 
24 the performance of their official
duty.

25  (4) Manufacture, transportation, or sale of machine 
26 guns to persons
authorized under subdivisions (1) through 
 
 
HB1408- 23 -LRB099 07246 RLC 27347 b


1 (3) of this subsection to
possess machine guns, if the 
2 machine guns are broken down in a
non-functioning state or 
3 are not immediately accessible.

4  (5) Persons licensed under federal law to manufacture 
5 any weapon from
which 8 or more shots or bullets can be 
6 discharged by a
single function of the firing device, or 
7 ammunition for such weapons, and
actually engaged in the 
8 business of manufacturing such weapons or
ammunition, but 
9 only with respect to activities which are within the lawful

10 scope of such business, such as the manufacture, 
11 transportation, or testing
of such weapons or ammunition. 
12 This exemption does not authorize the
general private 
13 possession of any weapon from which 8 or more
shots or 
14 bullets can be discharged by a single function of the 
15 firing
device, but only such possession and activities as 
16 are within the lawful
scope of a licensed manufacturing 
17 business described in this paragraph.

18  During transportation, such weapons shall be broken 
19 down in a
non-functioning state or not immediately 
20 accessible.

21  (6) The manufacture, transport, testing, delivery, 
22 transfer or sale,
and all lawful commercial or experimental 
23 activities necessary thereto, of
rifles, shotguns, and 
24 weapons made from rifles or shotguns,
or ammunition for 
25 such rifles, shotguns or weapons, where engaged in
by a 
26 person operating as a contractor or subcontractor pursuant 
 
 
HB1408- 24 -LRB099 07246 RLC 27347 b


1 to a
contract or subcontract for the development and supply 
2 of such rifles,
shotguns, weapons or ammunition to the 
3 United States government or any
branch of the Armed Forces 
4 of the United States, when such activities are
necessary 
5 and incident to fulfilling the terms of such contract.

6  The exemption granted under this subdivision (c)(6)

7 shall also apply to any authorized agent of any such 
8 contractor or
subcontractor who is operating within the 
9 scope of his employment, where
such activities involving 
10 such weapon, weapons or ammunition are necessary
and 
11 incident to fulfilling the terms of such contract.

12  (7) A person possessing a rifle with a barrel or 
13 barrels less than 16 inches in length if: (A) the person 
14 has been issued a Curios and Relics license from the U.S. 
15 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
16 the person is an active member of a bona fide, nationally 
17 recognized military re-enacting group and the modification 
18 is required and necessary to accurately portray the weapon 
19 for historical re-enactment purposes; the re-enactor is in 
20 possession of a valid and current re-enacting group 
21 membership credential; and the overall length of the weapon 
22 as modified is not less than 26 inches.
23 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
24possession
or carrying of a black-jack or slung-shot by a peace 
25officer.

26 (e) Subsection 24-1(a)(8) does not apply to any owner, 
 
 
HB1408- 25 -LRB099 07246 RLC 27347 b


1manager or
authorized employee of any place specified in that 
2subsection nor to any
law enforcement officer.

3 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
4Section 24-1.6
do not apply
to members of any club or 
5organization organized for the purpose of practicing
shooting 
6at targets upon established target ranges, whether public or 
7private,
while using their firearms on those target ranges.

8 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
9to:

10  (1) Members of the Armed Services or Reserve Forces of 
11 the United
States or the Illinois National Guard, while in 
12 the performance of their
official duty.

13  (2) Bonafide collectors of antique or surplus military 
14 ordinance.

15  (3) Laboratories having a department of forensic 
16 ballistics, or
specializing in the development of 
17 ammunition or explosive ordinance.

18  (4) Commerce, preparation, assembly or possession of 
19 explosive
bullets by manufacturers of ammunition licensed 
20 by the federal government,
in connection with the supply of 
21 those organizations and persons exempted
by subdivision 
22 (g)(1) of this Section, or like organizations and persons

23 outside this State, or the transportation of explosive 
24 bullets to any
organization or person exempted in this 
25 Section by a common carrier or by a
vehicle owned or leased 
26 by an exempted manufacturer.

 
 
HB1408- 26 -LRB099 07246 RLC 27347 b


1 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
2persons licensed
under federal law to manufacture any device or 
3attachment of any kind designed,
used, or intended for use in 
4silencing the report of any firearm, firearms, or
ammunition

5for those firearms equipped with those devices, and actually 
6engaged in the
business of manufacturing those devices, 
7firearms, or ammunition, but only with
respect to
activities 
8that are within the lawful scope of that business, such as the

9manufacture, transportation, or testing of those devices, 
10firearms, or
ammunition. This
exemption does not authorize the 
11general private possession of any device or
attachment of any 
12kind designed, used, or intended for use in silencing the

13report of any firearm, but only such possession and activities 
14as are within
the
lawful scope of a licensed manufacturing 
15business described in this subsection
(g-5). During 
16transportation, these devices shall be detached from any weapon

17or
not immediately accessible.

18 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1924-1.6 do not apply to
or affect any parole agent or parole 
20supervisor who meets the qualifications and conditions 
21prescribed in Section 3-14-1.5 of the Unified Code of 
22Corrections. 
23 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
24officer while serving as a member of a tactical response team 
25or special operations team. A peace officer may not personally 
26own or apply for ownership of a device or attachment of any 
 
 
HB1408- 27 -LRB099 07246 RLC 27347 b


1kind designed, used, or intended for use in silencing the 
2report of any firearm. These devices shall be owned and 
3maintained by lawfully recognized units of government whose 
4duties include the investigation of criminal acts.
5 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
624-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
7athlete's possession, transport on official Olympic and 
8Paralympic transit systems established for athletes, or use of 
9competition firearms sanctioned by the International Olympic 
10Committee, the International Paralympic Committee, the 
11International Shooting Sport Federation, or USA Shooting in 
12connection with such athlete's training for and participation 
13in shooting competitions at the 2016 Olympic and Paralympic 
14Games and sanctioned test events leading up to the 2016 Olympic 
15and Paralympic Games. 
16 (h) An information or indictment based upon a violation of 
17any
subsection of this Article need not negative any exemptions 
18contained in
this Article. The defendant shall have the burden 
19of proving such an
exemption.

20 (i) Nothing in this Article shall prohibit, apply to, or 
21affect
the transportation, carrying, or possession, of any 
22pistol or revolver,
stun gun, taser, or other firearm consigned 
23to a common carrier operating
under license of the State of 
24Illinois or the federal government, where
such transportation, 
25carrying, or possession is incident to the lawful

26transportation in which such common carrier is engaged; and 
 
 
HB1408- 28 -LRB099 07246 RLC 27347 b


1nothing in this
Article shall prohibit, apply to, or affect the 
2transportation, carrying,
or possession of any pistol, 
3revolver, stun gun, taser, or other firearm,
not the subject of 
4and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
5this Article, which is unloaded and enclosed in a case, firearm

6carrying box, shipping box, or other container, by the 
7possessor of a valid
Firearm Owners Identification Card; and 
8nothing in this
Article shall prohibit, apply to, or affect the 
9transportation of any rifle, shotgun, or other long gun in a 
10vehicle by a person who has been issued a currently
valid 
11Firearm Owner's
Identification Card if the firearm is unloaded.

12(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 
1397-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; 
1498-463, eff. 8-16-13; 98-725, eff. 1-1-15.)