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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
| |||||||||||||||||||||
| 4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||
| 5 | Sections 24-1 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 | |||||||||||||||||||||
| 9 | when
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 | |||||||||||||||||||||
| |||||||
| |||||||
| 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 weapons
that meet one of the following | ||||||
| 16 | conditions:
| ||||||
| 17 | (i) are broken down in a non-functioning state; or
| ||||||
| 18 | (ii) are not immediately accessible; or
| ||||||
| 19 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 20 | carrying box,
shipping box, or other container by a | ||||||
| 21 | person who has been issued a currently
valid Firearm | ||||||
| 22 | Owner's
Identification Card; or | ||||||
| 23 | (iv) are carried or possessed in accordance with | ||||||
| 24 | the Firearm Concealed Carry Act by a person who has | ||||||
| 25 | been issued a currently valid license under the Firearm | ||||||
| 26 | Concealed Carry Act; or
| ||||||
| |||||||
| |||||||
| 1 | (5) Sets a spring gun; or
| ||||||
| 2 | (6) Possesses any device or attachment of any kind | ||||||
| 3 | designed, used or
intended for use in silencing the report | ||||||
| 4 | of any firearm; or
| ||||||
| 5 | (7) Sells, manufactures, purchases, possesses or | ||||||
| 6 | carries:
| ||||||
| 7 | (i) a machine gun, which shall be defined for the | ||||||
| 8 | purposes of this
subsection as any weapon,
which | ||||||
| 9 | shoots, is designed to shoot, or can be readily | ||||||
| 10 | restored to shoot,
automatically more than one shot | ||||||
| 11 | without manually reloading by a single
function of the | ||||||
| 12 | trigger, including the frame or receiver
of any such | ||||||
| 13 | weapon, or sells, manufactures, purchases, possesses, | ||||||
| 14 | or
carries any combination of parts designed or | ||||||
| 15 | intended for
use in converting any weapon into a | ||||||
| 16 | machine gun, or any combination or
parts from which a | ||||||
| 17 | machine gun can be assembled if such parts are in the
| ||||||
| 18 | possession or under the control of a person;
| ||||||
| 19 | (ii) any rifle having one or
more barrels less than | ||||||
| 20 | 16 inches in length or a shotgun having one or more
| ||||||
| 21 | barrels less than 18 inches in length or any weapon | ||||||
| 22 | made from a rifle or
shotgun, whether by alteration, | ||||||
| 23 | modification, or otherwise, if such a weapon
as | ||||||
| 24 | modified has an overall length of less than 26 inches; | ||||||
| 25 | or
| ||||||
| 26 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
| |||||||
| |||||||
| 1 | other container containing an
explosive substance of | ||||||
| 2 | over one-quarter ounce for like purposes, such
as, but | ||||||
| 3 | not limited to, black powder bombs and Molotov | ||||||
| 4 | cocktails or
artillery projectiles; or
| ||||||
| 5 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
| 6 | or other
deadly weapon in any place which is licensed to | ||||||
| 7 | sell intoxicating
beverages, or at any public gathering | ||||||
| 8 | held pursuant to a license issued
by any governmental body | ||||||
| 9 | or any public gathering at which an admission
is charged, | ||||||
| 10 | excluding a place where a showing, demonstration or lecture
| ||||||
| 11 | involving the exhibition of unloaded firearms is | ||||||
| 12 | conducted.
| ||||||
| 13 | This subsection (a)(8) does not apply to any auction or | ||||||
| 14 | raffle of a firearm
held pursuant to
a license or permit | ||||||
| 15 | issued by a governmental body, nor does it apply to persons
| ||||||
| 16 | engaged
in firearm safety training courses; or
| ||||||
| 17 | (9) Carries or possesses in a vehicle or on or about | ||||||
| 18 | his person any
pistol, revolver, stun gun or taser or | ||||||
| 19 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
| 20 | masked in such manner as to conceal his identity; or
| ||||||
| 21 | (10) Carries or possesses on or about his person, upon | ||||||
| 22 | any public street,
alley, or other public lands within the | ||||||
| 23 | corporate limits of a city, village
or incorporated town, | ||||||
| 24 | except when an invitee thereon or therein, for the
purpose | ||||||
| 25 | of the display of such weapon or the lawful commerce in | ||||||
| 26 | weapons, or
except when on his land or in his own abode, | ||||||
| |||||||
| |||||||
| 1 | legal dwelling, or fixed place of business, or on the land | ||||||
| 2 | or in the legal dwelling of another person as an invitee | ||||||
| 3 | with that person's permission, any
pistol, revolver, stun | ||||||
| 4 | gun or taser or other firearm, except that this
subsection | ||||||
| 5 | (a) (10) does not apply to or affect transportation of | ||||||
| 6 | weapons that
meet one of the following conditions:
| ||||||
| 7 | (i) are broken down in a non-functioning state; or
| ||||||
| 8 | (ii) are not immediately accessible; or
| ||||||
| 9 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 10 | carrying box,
shipping box, or other container by a | ||||||
| 11 | person who has been issued a currently
valid Firearm | ||||||
| 12 | Owner's
Identification Card; or
| ||||||
| 13 | (iv) are carried or possessed in accordance with | ||||||
| 14 | the Firearm Concealed Carry Act by a person who has | ||||||
| 15 | been issued a currently valid license under the Firearm | ||||||
| 16 | Concealed Carry Act. | ||||||
| 17 | A "stun gun or taser", as used in this paragraph (a) | ||||||
| 18 | means (i) any device
which is powered by electrical | ||||||
| 19 | charging units, such as, batteries, and
which fires one or | ||||||
| 20 | several barbs attached to a length of wire and
which, upon | ||||||
| 21 | hitting a human, can send out a current capable of | ||||||
| 22 | disrupting
the person's nervous system in such a manner as | ||||||
| 23 | to render him incapable of
normal functioning or (ii) any | ||||||
| 24 | device which is powered by electrical
charging units, such | ||||||
| 25 | as batteries, and which, upon contact with a human or
| ||||||
| 26 | clothing worn by a human, can send out current capable of | ||||||
| |||||||
| |||||||
| 1 | disrupting
the person's nervous system in such a manner as | ||||||
| 2 | to render him incapable
of normal functioning; or
| ||||||
| 3 | (11) Sells, manufactures or purchases any explosive | ||||||
| 4 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
| 5 | bullet" means the projectile portion of
an ammunition | ||||||
| 6 | cartridge which contains or carries an explosive charge | ||||||
| 7 | which
will explode upon contact with the flesh of a human | ||||||
| 8 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
| 9 | a projectile affixed at the
front thereof and a cap or | ||||||
| 10 | primer at the rear end thereof, with the
propellant | ||||||
| 11 | contained in such tube between the projectile and the cap; | ||||||
| 12 | or
| ||||||
| 13 | (12) (Blank); or
| ||||||
| 14 | (13) Carries or possesses on or about his or her person | ||||||
| 15 | while in a building occupied by a unit of government, a | ||||||
| 16 | billy club, other weapon of like character, or other | ||||||
| 17 | instrument of like character intended for use as a weapon. | ||||||
| 18 | For the purposes of this Section, "billy club" means a | ||||||
| 19 | short stick or club commonly carried by police officers | ||||||
| 20 | which is either telescopic or constructed of a solid piece | ||||||
| 21 | of wood or other man-made material. | ||||||
| 22 | (b) Sentence. A person convicted of a violation of | ||||||
| 23 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
| 24 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
| 25 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
| 26 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
| |||||||
| |||||||
| 1 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
| 2 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
| 3 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
| 4 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
| 5 | of not less than 3 years and not more than 7 years, unless the | ||||||
| 6 | weapon is possessed in the
passenger compartment of a motor | ||||||
| 7 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
| 8 | Code, or on the person, while the weapon is loaded, in which
| ||||||
| 9 | case it shall be a Class X felony. A person convicted of a
| ||||||
| 10 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
| 11 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
| 12 | felony. The possession of each weapon in violation of this | ||||||
| 13 | Section constitutes a single and separate violation.
| ||||||
| 14 | (c) Violations in specific places.
| ||||||
| 15 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
| 16 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
| 17 | the time of year, in residential
property owned, operated | ||||||
| 18 | or managed by a public housing agency or
leased by
a public | ||||||
| 19 | housing agency as part of a scattered site or mixed-income
| ||||||
| 20 | development, in a
public park, in a courthouse, on the real | ||||||
| 21 | property comprising any school,
regardless of the
time of | ||||||
| 22 | day or the time of year, on residential property owned, | ||||||
| 23 | operated
or
managed by a public housing agency
or leased by | ||||||
| 24 | a public housing agency as part of a scattered site or
| ||||||
| 25 | mixed-income development,
on the real property comprising | ||||||
| 26 | any
public park, on the real property comprising any | ||||||
| |||||||
| |||||||
| 1 | courthouse, in any conveyance
owned, leased or contracted | ||||||
| 2 | by a school to
transport students to or from school or a | ||||||
| 3 | school related activity, in any conveyance
owned, leased, | ||||||
| 4 | or contracted by a public transportation agency, or on any
| ||||||
| 5 | public way within 1,000 feet of the real property | ||||||
| 6 | comprising any school,
public park, courthouse, public | ||||||
| 7 | transportation facility, or residential property owned, | ||||||
| 8 | operated, or managed
by a public housing agency
or leased | ||||||
| 9 | by a public housing agency as part of a scattered site or
| ||||||
| 10 | mixed-income development
commits a Class 2 felony and shall | ||||||
| 11 | be sentenced to a term of imprisonment of not less than 3 | ||||||
| 12 | years and not more than 7 years.
| ||||||
| 13 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
| 14 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
| 15 | time of day or the time of year,
in residential property | ||||||
| 16 | owned, operated, or managed by a public
housing
agency
or | ||||||
| 17 | leased by a public housing agency as part of a scattered | ||||||
| 18 | site or
mixed-income development,
in
a public
park, in a | ||||||
| 19 | courthouse, on the real property comprising any school, | ||||||
| 20 | regardless
of the time of day or the time of year, on | ||||||
| 21 | residential property owned,
operated, or managed by a | ||||||
| 22 | public housing agency
or leased by a public housing agency | ||||||
| 23 | as part of a scattered site or
mixed-income development,
on | ||||||
| 24 | the real property
comprising any public park, on the real | ||||||
| 25 | property comprising any courthouse, in
any conveyance | ||||||
| 26 | owned, leased, or contracted by a school to transport | ||||||
| |||||||
| |||||||
| 1 | students
to or from school or a school related activity, in | ||||||
| 2 | any conveyance
owned, leased, or contracted by a public | ||||||
| 3 | transportation agency, or on any public way within
1,000 | ||||||
| 4 | feet of the real property comprising any school, public | ||||||
| 5 | park, courthouse,
public transportation facility, or | ||||||
| 6 | residential property owned, operated, or managed by a | ||||||
| 7 | public
housing agency
or leased by a public housing agency | ||||||
| 8 | as part of a scattered site or
mixed-income development
| ||||||
| 9 | commits a Class 3 felony.
| ||||||
| 10 | (2) A person who violates subsection 24-1(a)(1), | ||||||
| 11 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
| 12 | time of day or the time of year, in
residential property | ||||||
| 13 | owned, operated or managed by a public housing
agency
or | ||||||
| 14 | leased by a public housing agency as part of a scattered | ||||||
| 15 | site or
mixed-income development,
in
a public park, in a | ||||||
| 16 | courthouse, on the real property comprising any school,
| ||||||
| 17 | regardless of the time of day or the time of year, on | ||||||
| 18 | residential property
owned, operated or managed by a public | ||||||
| 19 | housing agency
or leased by a public housing agency as part | ||||||
| 20 | of a scattered site or
mixed-income development,
on the | ||||||
| 21 | real property
comprising any public park, on the real | ||||||
| 22 | property comprising any courthouse, in
any conveyance | ||||||
| 23 | owned, leased or contracted by a school to transport | ||||||
| 24 | students
to or from school or a school related activity, in | ||||||
| 25 | any conveyance
owned, leased, or contracted by a public | ||||||
| 26 | transportation agency, or on any public way within
1,000 | ||||||
| |||||||
| |||||||
| 1 | feet of the real property comprising any school, public | ||||||
| 2 | park, courthouse,
public transportation facility, or | ||||||
| 3 | residential property owned, operated, or managed by a | ||||||
| 4 | public
housing agency or leased by a public housing agency | ||||||
| 5 | as part of a scattered
site or mixed-income development | ||||||
| 6 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
| 7 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
| 8 | this State for the conduct of official business.
| ||||||
| 9 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
| 10 | (c) shall not
apply to law
enforcement officers or security | ||||||
| 11 | officers of such school, college, or
university or to | ||||||
| 12 | students carrying or possessing firearms for use in | ||||||
| 13 | training
courses, parades, hunting, target shooting on | ||||||
| 14 | school ranges, or otherwise with
the consent of school | ||||||
| 15 | authorities and which firearms are transported unloaded
| ||||||
| 16 | enclosed in a suitable case, box, or transportation | ||||||
| 17 | package.
| ||||||
| 18 | (4) For the purposes of this subsection (c), "school" | ||||||
| 19 | means any public or
private elementary or secondary school, | ||||||
| 20 | community college, college, or
university.
| ||||||
| 21 | (5) For the purposes of this subsection (c), "public | ||||||
| 22 | transportation agency" means a public or private agency | ||||||
| 23 | that provides for the transportation or conveyance of
| ||||||
| 24 | persons by means available to the general public, except | ||||||
| 25 | for transportation
by automobiles not used for conveyance | ||||||
| 26 | of the general public as passengers; and "public | ||||||
| |||||||
| |||||||
| 1 | transportation facility" means a terminal or other place
| ||||||
| 2 | where one may obtain public transportation.
| ||||||
| 3 | (d) The presence in an automobile other than a public | ||||||
| 4 | omnibus of any
weapon, instrument or substance referred to in | ||||||
| 5 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
| 6 | possession of, and is being
carried by, all persons occupying | ||||||
| 7 | such automobile at the time such
weapon, instrument or | ||||||
| 8 | substance is found, except under the following
circumstances: | ||||||
| 9 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
| 10 | the person of one of the occupants therein; or (ii) if such
| ||||||
| 11 | weapon, instrument or substance is found in an automobile | ||||||
| 12 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
| 13 | and proper pursuit of
his trade, then such presumption shall | ||||||
| 14 | not apply to the driver.
| ||||||
| 15 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
| 16 | Underwater
Spearguns are exempted from the definition of | ||||||
| 17 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
| 18 | of this Section.
| ||||||
| 19 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
| 20 | (720 ILCS 5/24-2)
| ||||||
| 21 | Sec. 24-2. Exemptions.
| ||||||
| 22 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 23 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
| 24 | the following:
| ||||||
| 25 | (1) Peace officers, and any person summoned by a peace | ||||||
| |||||||
| |||||||
| 1 | officer to
assist in making arrests or preserving the | ||||||
| 2 | peace, while actually engaged in
assisting such officer.
| ||||||
| 3 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
| 4 | penitentiaries, jails and other institutions for the | ||||||
| 5 | detention of persons
accused or convicted of an offense, | ||||||
| 6 | while in the performance of their
official duty, or while | ||||||
| 7 | commuting between their homes and places of employment.
| ||||||
| 8 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 9 | the United States
or the Illinois National Guard or the | ||||||
| 10 | Reserve Officers Training Corps,
while in the performance | ||||||
| 11 | of their official duty.
| ||||||
| 12 | (4) Special agents employed by a railroad or a public | ||||||
| 13 | utility to
perform police functions, and guards of armored | ||||||
| 14 | car companies, while
actually engaged in the performance of | ||||||
| 15 | the duties of their employment or
commuting between their | ||||||
| 16 | homes and places of employment; and watchmen
while actually | ||||||
| 17 | engaged in the performance of the duties of their | ||||||
| 18 | employment.
| ||||||
| 19 | (5) Persons licensed as private security contractors, | ||||||
| 20 | private
detectives, or private alarm contractors, or | ||||||
| 21 | employed by a private security contractor, private | ||||||
| 22 | detective, or private alarm contractor agency licensed
by | ||||||
| 23 | the Department of Financial and Professional Regulation, | ||||||
| 24 | if their duties
include the carrying of a weapon under the | ||||||
| 25 | provisions of the Private
Detective, Private Alarm,
| ||||||
| 26 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| |||||||
| |||||||
| 1 | 2004,
while actually
engaged in the performance of the | ||||||
| 2 | duties of their employment or commuting
between their homes | ||||||
| 3 | and places of employment. A person shall be considered | ||||||
| 4 | eligible for this
exemption if he or she has completed the | ||||||
| 5 | required 20
hours of training for a private security | ||||||
| 6 | contractor, private
detective, or private alarm | ||||||
| 7 | contractor, or employee of a licensed private security | ||||||
| 8 | contractor, private detective, or private alarm contractor | ||||||
| 9 | agency and 20 hours of required firearm
training, and has | ||||||
| 10 | been issued a firearm control card by
the Department of | ||||||
| 11 | Financial and Professional Regulation. Conditions for the | ||||||
| 12 | renewal of
firearm control cards issued under the | ||||||
| 13 | provisions of this Section
shall be the same as for those | ||||||
| 14 | cards issued under the provisions of the
Private Detective, | ||||||
| 15 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
| 16 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
| 17 | carried by the private security contractor, private
| ||||||
| 18 | detective, or private alarm contractor, or employee of the | ||||||
| 19 | licensed private security contractor, private detective, | ||||||
| 20 | or private alarm contractor agency at all
times when he or | ||||||
| 21 | she is in possession of a concealable weapon permitted by | ||||||
| 22 | his or her firearm control card.
| ||||||
| 23 | (6) Any person regularly employed in a commercial or | ||||||
| 24 | industrial
operation as a security guard for the protection | ||||||
| 25 | of persons employed
and private property related to such | ||||||
| 26 | commercial or industrial
operation, while actually engaged | ||||||
| |||||||
| |||||||
| 1 | in the performance of his or her
duty or traveling between | ||||||
| 2 | sites or properties belonging to the
employer, and who, as | ||||||
| 3 | a security guard, is a member of a security force | ||||||
| 4 | registered with the Department of Financial and | ||||||
| 5 | Professional
Regulation; provided that such security guard | ||||||
| 6 | has successfully completed a
course of study, approved by | ||||||
| 7 | and supervised by the Department of
Financial and | ||||||
| 8 | Professional Regulation, consisting of not less than 40 | ||||||
| 9 | hours of training
that includes the theory of law | ||||||
| 10 | enforcement, liability for acts, and the
handling of | ||||||
| 11 | weapons. A person shall be considered eligible for this
| ||||||
| 12 | exemption if he or she has completed the required 20
hours | ||||||
| 13 | of training for a security officer and 20 hours of required | ||||||
| 14 | firearm
training, and has been issued a firearm control | ||||||
| 15 | card by
the Department of Financial and Professional | ||||||
| 16 | Regulation. Conditions for the renewal of
firearm control | ||||||
| 17 | cards issued under the provisions of this Section
shall be | ||||||
| 18 | the same as for those cards issued under the provisions of | ||||||
| 19 | the
Private Detective, Private Alarm,
Private Security, | ||||||
| 20 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
| 21 | control card shall be carried by the security guard at all
| ||||||
| 22 | times when he or she is in possession of a concealable | ||||||
| 23 | weapon permitted by his or her firearm control card.
| ||||||
| 24 | (7) Agents and investigators of the Illinois | ||||||
| 25 | Legislative Investigating
Commission authorized by the | ||||||
| 26 | Commission to carry the weapons specified in
subsections | ||||||
| |||||||
| |||||||
| 1 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
| 2 | any investigation for the Commission.
| ||||||
| 3 | (8) Persons employed by a financial institution as a | ||||||
| 4 | security guard for the protection of
other employees and | ||||||
| 5 | property related to such financial institution, while
| ||||||
| 6 | actually engaged in the performance of their duties, | ||||||
| 7 | commuting between
their homes and places of employment, or | ||||||
| 8 | traveling between sites or
properties owned or operated by | ||||||
| 9 | such financial institution, and who, as a security guard, | ||||||
| 10 | is a member of a security force registered with the | ||||||
| 11 | Department; provided that
any person so employed has | ||||||
| 12 | successfully completed a course of study,
approved by and | ||||||
| 13 | supervised by the Department of Financial and Professional | ||||||
| 14 | Regulation,
consisting of not less than 40 hours of | ||||||
| 15 | training which includes theory of
law enforcement, | ||||||
| 16 | liability for acts, and the handling of weapons.
A person | ||||||
| 17 | shall be considered to be eligible for this exemption if he | ||||||
| 18 | or
she has completed the required 20 hours of training for | ||||||
| 19 | a security officer
and 20 hours of required firearm | ||||||
| 20 | training, and has been issued a
firearm control card by the | ||||||
| 21 | Department of Financial and Professional Regulation.
| ||||||
| 22 | Conditions for renewal of firearm control cards issued | ||||||
| 23 | under the
provisions of this Section shall be the same as | ||||||
| 24 | for those issued under the
provisions of the Private | ||||||
| 25 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
| 26 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
| |||||||
| |||||||
| 1 | shall be carried by the security guard at all times when he | ||||||
| 2 | or she is in possession of a concealable
weapon permitted | ||||||
| 3 | by his or her firearm control card. For purposes of this | ||||||
| 4 | subsection, "financial institution" means a
bank, savings | ||||||
| 5 | and loan association, credit union or company providing
| ||||||
| 6 | armored car services.
| ||||||
| 7 | (9) Any person employed by an armored car company to | ||||||
| 8 | drive an armored
car, while actually engaged in the | ||||||
| 9 | performance of his duties.
| ||||||
| 10 | (10) Persons who have been classified as peace officers | ||||||
| 11 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
| 12 | (11) Investigators of the Office of the State's | ||||||
| 13 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
| 14 | governors of the Office of the
State's Attorneys Appellate | ||||||
| 15 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
| 16 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
| 17 | (12) Special investigators appointed by a State's | ||||||
| 18 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
| 19 | (12.5) Probation officers while in the performance of | ||||||
| 20 | their duties, or
while commuting between their homes, | ||||||
| 21 | places of employment or specific locations
that are part of | ||||||
| 22 | their assigned duties, with the consent of the chief judge | ||||||
| 23 | of
the circuit for which they are employed, if they have | ||||||
| 24 | received weapons training according
to requirements of the | ||||||
| 25 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
| 26 | (13) Court Security Officers while in the performance | ||||||
| |||||||
| |||||||
| 1 | of their official
duties, or while commuting between their | ||||||
| 2 | homes and places of employment, with
the
consent of the | ||||||
| 3 | Sheriff.
| ||||||
| 4 | (13.5) A person employed as an armed security guard at | ||||||
| 5 | a nuclear energy,
storage, weapons or development site or | ||||||
| 6 | facility regulated by the Nuclear
Regulatory Commission | ||||||
| 7 | who has completed the background screening and training
| ||||||
| 8 | mandated by the rules and regulations of the Nuclear | ||||||
| 9 | Regulatory Commission.
| ||||||
| 10 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 11 | to
persons
authorized under subdivisions (1) through | ||||||
| 12 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
| 13 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 14 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
| 15 | or handgun and the person has been issued a currently valid | ||||||
| 16 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 17 | the commission of the offense. | ||||||
| 18 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 19 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
| 20 | (1) Members of any club or organization organized for | ||||||
| 21 | the purpose of
practicing shooting at targets upon | ||||||
| 22 | established target ranges, whether
public or private, and | ||||||
| 23 | patrons of such ranges, while such members
or patrons are | ||||||
| 24 | using their firearms on those target ranges.
| ||||||
| 25 | (2) Duly authorized military or civil organizations | ||||||
| 26 | while parading,
with the special permission of the | ||||||
| |||||||
| |||||||
| 1 | Governor.
| ||||||
| 2 | (3) Hunters, trappers or fishermen with a license or
| ||||||
| 3 | permit while engaged in hunting,
trapping or fishing.
| ||||||
| 4 | (4) Transportation of weapons that are broken down in a
| ||||||
| 5 | non-functioning state or are not immediately accessible.
| ||||||
| 6 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 7 | gun or taser or other firearm on the land or in the legal | ||||||
| 8 | dwelling of another person as an invitee with that person's | ||||||
| 9 | permission. | ||||||
| 10 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 11 | of the
following:
| ||||||
| 12 | (1) Peace officers while in performance of their | ||||||
| 13 | official duties.
| ||||||
| 14 | (2) Wardens, superintendents and keepers of prisons, | ||||||
| 15 | penitentiaries,
jails and other institutions for the | ||||||
| 16 | detention of persons accused or
convicted of an offense.
| ||||||
| 17 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 18 | the United States
or the Illinois National Guard, while in | ||||||
| 19 | the performance of their official
duty.
| ||||||
| 20 | (4) Manufacture, transportation, or sale of machine | ||||||
| 21 | guns to persons
authorized under subdivisions (1) through | ||||||
| 22 | (3) of this subsection to
possess machine guns, if the | ||||||
| 23 | machine guns are broken down in a
non-functioning state or | ||||||
| 24 | are not immediately accessible.
| ||||||
| 25 | (5) Persons licensed under federal law to manufacture | ||||||
| 26 | any weapon from
which 8 or more shots or bullets can be | ||||||
| |||||||
| |||||||
| 1 | discharged by a
single function of the firing device, or | ||||||
| 2 | ammunition for such weapons, and
actually engaged in the | ||||||
| 3 | business of manufacturing such weapons or
ammunition, but | ||||||
| 4 | only with respect to activities which are within the lawful
| ||||||
| 5 | scope of such business, such as the manufacture, | ||||||
| 6 | transportation, or testing
of such weapons or ammunition. | ||||||
| 7 | This exemption does not authorize the
general private | ||||||
| 8 | possession of any weapon from which 8 or more
shots or | ||||||
| 9 | bullets can be discharged by a single function of the | ||||||
| 10 | firing
device, but only such possession and activities as | ||||||
| 11 | are within the lawful
scope of a licensed manufacturing | ||||||
| 12 | business described in this paragraph.
| ||||||
| 13 | During transportation, such weapons shall be broken | ||||||
| 14 | down in a
non-functioning state or not immediately | ||||||
| 15 | accessible.
| ||||||
| 16 | (6) The manufacture, transport, testing, delivery, | ||||||
| 17 | transfer or sale,
and all lawful commercial or experimental | ||||||
| 18 | activities necessary thereto, of
rifles, shotguns, and | ||||||
| 19 | weapons made from rifles or shotguns,
or ammunition for | ||||||
| 20 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
| 21 | person operating as a contractor or subcontractor pursuant | ||||||
| 22 | to a
contract or subcontract for the development and supply | ||||||
| 23 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
| 24 | United States government or any
branch of the Armed Forces | ||||||
| 25 | of the United States, when such activities are
necessary | ||||||
| 26 | and incident to fulfilling the terms of such contract.
| ||||||
| |||||||
| |||||||
| 1 | The exemption granted under this subdivision (c)(6)
| ||||||
| 2 | shall also apply to any authorized agent of any such | ||||||
| 3 | contractor or
subcontractor who is operating within the | ||||||
| 4 | scope of his employment, where
such activities involving | ||||||
| 5 | such weapon, weapons or ammunition are necessary
and | ||||||
| 6 | incident to fulfilling the terms of such contract.
| ||||||
| 7 | (7) A person possessing a rifle with a barrel or | ||||||
| 8 | barrels less than 16 inches in length if: (A) the person | ||||||
| 9 | has been issued a Curios and Relics license from the U.S. | ||||||
| 10 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
| 11 | the person is an active member of a bona fide, nationally | ||||||
| 12 | recognized military re-enacting group and the modification | ||||||
| 13 | is required and necessary to accurately portray the weapon | ||||||
| 14 | for historical re-enactment purposes; the re-enactor is in | ||||||
| 15 | possession of a valid and current re-enacting group | ||||||
| 16 | membership credential; and the overall length of the weapon | ||||||
| 17 | as modified is not less than 26 inches. | ||||||
| 18 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 19 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
| 20 | officer.
| ||||||
| 21 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
| 22 | manager or
authorized employee of any place specified in that | ||||||
| 23 | subsection nor to any
law enforcement officer.
| ||||||
| 24 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
| 25 | Section 24-1.6
do not apply
to members of any club or | ||||||
| 26 | organization organized for the purpose of practicing
shooting | ||||||
| |||||||
| |||||||
| 1 | at targets upon established target ranges, whether public or | ||||||
| 2 | private,
while using their firearms on those target ranges.
| ||||||
| 3 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
| 4 | to:
| ||||||
| 5 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 6 | the United
States or the Illinois National Guard, while in | ||||||
| 7 | the performance of their
official duty.
| ||||||
| 8 | (2) Bonafide collectors of antique or surplus military | ||||||
| 9 | ordnance ordinance.
| ||||||
| 10 | (3) Laboratories having a department of forensic | ||||||
| 11 | ballistics, or
specializing in the development of | ||||||
| 12 | ammunition or explosive ordnance ordinance.
| ||||||
| 13 | (4) Commerce, preparation, assembly or possession of | ||||||
| 14 | explosive
bullets by manufacturers of ammunition licensed | ||||||
| 15 | by the federal government,
in connection with the supply of | ||||||
| 16 | those organizations and persons exempted
by subdivision | ||||||
| 17 | (g)(1) of this Section, or like organizations and persons
| ||||||
| 18 | outside this State, or the transportation of explosive | ||||||
| 19 | bullets to any
organization or person exempted in this | ||||||
| 20 | Section by a common carrier or by a
vehicle owned or leased | ||||||
| 21 | by an exempted manufacturer.
| ||||||
| 22 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 23 | persons licensed
under federal law to manufacture any device or | ||||||
| 24 | attachment of any kind designed,
used, or intended for use in | ||||||
| 25 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
| 26 | for those firearms equipped with those devices, and actually | ||||||
| |||||||
| |||||||
| 1 | engaged in the
business of manufacturing those devices, | ||||||
| 2 | firearms, or ammunition, but only with
respect to
activities | ||||||
| 3 | that are within the lawful scope of that business, such as the
| ||||||
| 4 | manufacture, transportation, or testing of those devices, | ||||||
| 5 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
| 6 | general private possession of any device or
attachment of any | ||||||
| 7 | kind designed, used, or intended for use in silencing the
| ||||||
| 8 | report of any firearm, but only such possession and activities | ||||||
| 9 | as are within
the
lawful scope of a licensed manufacturing | ||||||
| 10 | business described in this subsection
(g-5). During | ||||||
| 11 | transportation, these devices shall be detached from any weapon
| ||||||
| 12 | or
not immediately accessible.
| ||||||
| 13 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
| 14 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
| 15 | supervisor who meets the qualifications and conditions | ||||||
| 16 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 17 | Corrections. | ||||||
| 18 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 19 | officer while serving as a member of a tactical response team | ||||||
| 20 | or special operations team. A peace officer may not personally | ||||||
| 21 | own or apply for ownership of a device or attachment of any | ||||||
| 22 | kind designed, used, or intended for use in silencing the | ||||||
| 23 | report of any firearm. These devices shall be owned and | ||||||
| 24 | maintained by lawfully recognized units of government whose | ||||||
| 25 | duties include the investigation of criminal acts. | ||||||
| 26 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
| |||||||
| |||||||
| 1 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
| 2 | athlete's possession, transport on official Olympic and | ||||||
| 3 | Paralympic transit systems established for athletes, or use of | ||||||
| 4 | competition firearms sanctioned by the International Olympic | ||||||
| 5 | Committee, the International Paralympic Committee, the | ||||||
| 6 | International Shooting Sport Federation, or USA Shooting in | ||||||
| 7 | connection with such athlete's training for and participation | ||||||
| 8 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
| 9 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
| 10 | and Paralympic Games. | ||||||
| 11 | (h) An information or indictment based upon a violation of | ||||||
| 12 | any
subsection of this Article need not negative any exemptions | ||||||
| 13 | contained in
this Article. The defendant shall have the burden | ||||||
| 14 | of proving such an
exemption.
| ||||||
| 15 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 16 | affect
the transportation, carrying, or possession, of any | ||||||
| 17 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
| 18 | to a common carrier operating
under license of the State of | ||||||
| 19 | Illinois or the federal government, where
such transportation, | ||||||
| 20 | carrying, or possession is incident to the lawful
| ||||||
| 21 | transportation in which such common carrier is engaged; and | ||||||
| 22 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
| 23 | transportation, carrying,
or possession of any pistol, | ||||||
| 24 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
| 25 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
| 26 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
| |||||||
| |||||||
| 1 | carrying box, shipping box, or other container, by the | ||||||
| 2 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
| 3 | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, | ||||||
| 4 | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
| ||||||
| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
| ||||||