100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4712
 
Introduced , by Rep. Natalie Phelps Finnie
 
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.



LRB100 16310 SLF 31434 b


 
 
A BILL FOR
 


HB4712LRB100 16310 SLF 31434 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 
 
 
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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 state; or

20   (ii) are not immediately accessible; or

21   (iii) are unloaded and enclosed in a case, firearm 
22 carrying box,
shipping box, or other container by a 
23 person who has been issued a currently
valid Firearm 
24 Owner's
Identification Card; or
25   (iv) are carried or possessed in accordance with 
26 the Firearm Concealed Carry Act by a person who has 
 
 
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1 been issued a currently valid license under the Firearm 
2 Concealed Carry Act; or 

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

5 valid Firearm Owner's
Identification Card if the 
6 firearms are unloaded; or 
7  (5) Sets a spring gun; or

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

11  (7) Sells, manufactures, purchases, possesses or 
12 carries:

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

24 possession or under the control of a person;

25   (ii) any rifle having one or
more barrels less than 
26 16 inches in length or a shotgun having one or more

 
 
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1 barrels less than 18 inches in length or any weapon 
2 made from a rifle or
shotgun, whether by alteration, 
3 modification, or otherwise, if such a weapon
as 
4 modified has an overall length of less than 26 inches; 
5 or

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

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

17 involving the exhibition of unloaded firearms is 
18 conducted.

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

22 engaged
in firearm safety training courses; or

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

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

13 meet one of the following conditions:

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

15   (ii) are not immediately accessible; or

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

20   (iv) are carried or possessed in accordance with 
21 the Firearm Concealed Carry Act by a person who has 
22 been issued a currently valid license under the Firearm 
23 Concealed Carry Act. 
24  A "stun gun or taser", as used in this paragraph (a) 
25 means (i) any device
which is powered by electrical 
26 charging units, such as, batteries, and
which fires one or 
 
 
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1 several barbs attached to a length of wire and
which, upon 
2 hitting a human, can send out a current capable of 
3 disrupting
the person's nervous system in such a manner as 
4 to render him incapable of
normal functioning or (ii) any 
5 device which is powered by electrical
charging units, such 
6 as batteries, and which, upon contact with a human or

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

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

20  (12) (Blank); or

21  (13) Carries or possesses on or about his or her person 
22 while in a building occupied by a unit of government, a 
23 billy club, other weapon of like character, or other 
24 instrument of like character intended for use as a weapon. 
25 For the purposes of this Section, "billy club" means a 
26 short stick or club commonly carried by police officers 
 
 
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1 which is either telescopic or constructed of a solid piece 
2 of wood or other man-made material. 
3 (b) Sentence. A person convicted of a violation of 
4subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
6Class A
misdemeanor.
A person convicted of a violation of 
7subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
8person
convicted of a violation of subsection 24-1(a)(6) or 
924-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
10convicted of a violation of subsection
24-1(a)(7)(i) commits a 
11Class 2 felony and shall be sentenced to a term of imprisonment 
12of not less than 3 years and not more than 7 years, unless the 
13weapon is possessed in the
passenger compartment of a motor 
14vehicle as defined in Section 1-146 of the
Illinois Vehicle 
15Code, or on the person, while the weapon is loaded, in which

16case it shall be a Class X felony. A person convicted of a

17second or subsequent violation of subsection 24-1(a)(4), 
1824-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
19felony. The possession of each weapon in violation of this 
20Section constitutes a single and separate violation.

21 (c) Violations in specific places.

22  (1) A person who violates subsection 24-1(a)(6) or 
23 24-1(a)(7) in any
school, regardless of the time of day or 
24 the time of year, in residential
property owned, operated 
25 or managed by a public housing agency or
leased by
a public 
26 housing agency as part of a scattered site or mixed-income

 
 
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1 development, in a
public park, in a courthouse, on the real 
2 property comprising any school,
regardless of the
time of 
3 day or the time of year, on residential property owned, 
4 operated
or
managed by a public housing agency
or leased by 
5 a public housing agency as part of a scattered site or

6 mixed-income development,
on the real property comprising 
7 any
public park, on the real property comprising any 
8 courthouse, in any conveyance
owned, leased or contracted 
9 by a school to
transport students to or from school or a 
10 school related activity, in any conveyance
owned, leased, 
11 or contracted by a public transportation agency, or on any

12 public way within 1,000 feet of the real property 
13 comprising any school,
public park, courthouse, public 
14 transportation facility, or residential property owned, 
15 operated, or managed
by a public housing agency
or leased 
16 by a public housing agency as part of a scattered site or

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

20  (1.5) A person who violates subsection 24-1(a)(4), 
21 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
22 time of day or the time of year,
in residential property 
23 owned, operated, or managed by a public
housing
agency
or 
24 leased by a public housing agency as part of a scattered 
25 site or
mixed-income development,
in
a public
park, in a 
26 courthouse, on the real property comprising any school, 
 
 
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1 regardless
of the time of day or the time of year, on 
2 residential property owned,
operated, or managed by a 
3 public housing agency
or leased by a public housing agency 
4 as part of a scattered site or
mixed-income development,
on 
5 the real property
comprising any public park, on the real 
6 property comprising any courthouse, in
any conveyance 
7 owned, leased, or contracted by a school to transport 
8 students
to or from school or a school related activity, in 
9 any conveyance
owned, leased, or contracted by a public 
10 transportation agency, or on any public way within
1,000 
11 feet of the real property comprising any school, public 
12 park, courthouse,
public transportation facility, or 
13 residential property owned, operated, or managed by a 
14 public
housing agency
or leased by a public housing agency 
15 as part of a scattered site or
mixed-income development

16 commits a Class 3 felony.

17  (2) A person who violates subsection 24-1(a)(1), 
18 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
19 time of day or the time of year, in
residential property 
20 owned, operated or managed by a public housing
agency
or 
21 leased by a public housing agency as part of a scattered 
22 site or
mixed-income development,
in
a public park, in a 
23 courthouse, on the real property comprising any school,

24 regardless of the time of day or the time of year, on 
25 residential property
owned, operated or managed by a public 
26 housing agency
or leased by a public housing agency as part 
 
 
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1 of a scattered site or
mixed-income development,
on the 
2 real property
comprising any public park, on the real 
3 property comprising any courthouse, in
any conveyance 
4 owned, leased or contracted by a school to transport 
5 students
to or from school or a school related activity, in 
6 any conveyance
owned, leased, or contracted by a public 
7 transportation agency, or on any public way within
1,000 
8 feet of the real property comprising any school, public 
9 park, courthouse,
public transportation facility, or 
10 residential property owned, operated, or managed by a 
11 public
housing agency or leased by a public housing agency 
12 as part of a scattered
site or mixed-income development 
13 commits a Class 4 felony. "Courthouse"
means any building 
14 that is used by the Circuit, Appellate, or Supreme Court of

15 this State for the conduct of official business.

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

23 enclosed in a suitable case, box, or transportation 
24 package.

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

2  (5) For the purposes of this subsection (c), "public 
3 transportation agency" means a public or private agency 
4 that provides for the transportation or conveyance of

5 persons by means available to the general public, except 
6 for transportation
by automobiles not used for conveyance 
7 of the general public as passengers; and "public 
8 transportation facility" means a terminal or other place

9 where one may obtain public transportation.

10 (d) The presence in an automobile other than a public 
11omnibus of any
weapon, instrument or substance referred to in 
12subsection (a)(7) is
prima facie evidence that it is in the 
13possession of, and is being
carried by, all persons occupying 
14such automobile at the time such
weapon, instrument or 
15substance is found, except under the following
circumstances: 
16(i) if such weapon, instrument or instrumentality is
found upon 
17the person of one of the occupants therein; or (ii) if such

18weapon, instrument or substance is found in an automobile 
19operated for
hire by a duly licensed driver in the due, lawful 
20and proper pursuit of
his trade, then such presumption shall 
21not apply to the driver.

22 (e) Exemptions.
23  (1) Crossbows, Common or Compound bows and Underwater

24 Spearguns are exempted from the definition of ballistic 
25 knife as defined in
paragraph (1) of subsection (a) of this 
26 Section.
 
 
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1  (2) The provision of paragraph (1) of subsection (a) of 
2 this Section prohibiting the sale, manufacture, purchase, 
3 possession, or carrying of any knife, commonly referred to 
4 as a switchblade knife, which has a
blade that opens 
5 automatically by hand pressure applied to a button,
spring 
6 or other device in the handle of the knife, does not apply 
7 to a person who possesses a currently valid Firearm Owner's 
8 Identification Card previously issued in his or her name by 
9 the Department of State Police or to a person or an entity 
10 engaged in the business of selling or manufacturing 
11 switchblade knives. 

12(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)


13 (720 ILCS 5/24-1.6)
14 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
15 (a) A person commits the offense of aggravated unlawful use 
16of a weapon when
he or she knowingly:
17  (1) Carries on or about his or her person or in any 
18 vehicle or concealed
on or about his or her person except 
19 when on his or her land or in his or her
abode, legal 
20 dwelling, or fixed place of business, or on the land or in 
21 the legal dwelling of another person as an invitee with 
22 that person's permission, any pistol, revolver, stun gun or 
23 taser or
other firearm; or
24  (2) Carries or possesses on or about his or her person, 
25 upon any public
street, alley, or other public lands within 
 
 
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1 the corporate limits of a city,
village or incorporated 
2 town, except when an invitee thereon or therein, for
the 
3 purpose of the display of such weapon or the lawful 
4 commerce in weapons, or
except when on his or her own land 
5 or in his or her own abode, legal dwelling, or fixed place 
6 of
business, or on the land or in the legal dwelling of 
7 another person as an invitee with that person's permission, 
8 any pistol, revolver, stun gun or taser or other firearm; 
9 and
10  (3) One of the following factors is present:
11   (A) the firearm, other than a pistol, revolver, or 
12 handgun, possessed was uncased, loaded, and 
13 immediately accessible
at the time of the offense; or
14   (A-5) the pistol, revolver, or handgun possessed 
15 was uncased, loaded, and immediately accessible
at the 
16 time of the offense and the person possessing the 
17 pistol, revolver, or handgun has not been issued a 
18 currently valid license under the Firearm Concealed 
19 Carry Act; or 
20   (B) the firearm, other than a pistol, revolver, or 
21 handgun, possessed was uncased, unloaded, and the 
22 ammunition for
the weapon was immediately accessible 
23 at the time of the offense; or
24   (B-5) the pistol, revolver, or handgun possessed 
25 was uncased, unloaded, and the ammunition for
the 
26 weapon was immediately accessible at the time of the 
 
 
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1 offense and the person possessing the pistol, 
2 revolver, or handgun has not been issued a currently 
3 valid license under the Firearm Concealed Carry Act; or 
4   (C) the person possessing the firearm has not been 
5 issued a currently
valid Firearm Owner's 
6 Identification Card; or
7   (D) the person possessing the weapon was 
8 previously adjudicated
a delinquent minor under the 
9 Juvenile Court Act of 1987 for an act that if
committed 
10 by an adult would be a felony; or
11   (E) the person possessing the weapon was engaged in 
12 a misdemeanor
violation of the Cannabis
Control Act, in 
13 a misdemeanor violation of the Illinois Controlled 
14 Substances
Act, or in a misdemeanor violation of the 
15 Methamphetamine Control and Community Protection Act; 
16 or
17   (F) (blank); or
18   (G) the person possessing the weapon had an order 
19 of protection issued
against him or her within the 
20 previous 2 years; or
21   (H) the person possessing the weapon was engaged in 
22 the commission or
attempted commission of
a 
23 misdemeanor involving the use or threat of violence 
24 against
the person or property of another; or
25   (I) the person possessing the weapon was under 21 
26 years of age and in
possession of a handgun, unless the 
 
 
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1 person under 21
is engaged in lawful activities under 
2 the Wildlife Code or described in
subsection 
3 24-2(b)(1), (b)(3), or 24-2(f).
4 (a-5) "Handgun" as used in this Section has the meaning 
5given to it in Section 5 of the Firearm Concealed Carry Act. 
6 (b) "Stun gun or taser" as used in this Section has the 
7same definition
given to it in Section 24-1 of this Code.
8 (c) This Section does not apply to or affect the 
9transportation or
possession
of weapons as provided in 
10subsection 24-1(a)(4)(B) or that:
11  (i) are broken down in a non-functioning state; or
12  (ii) are not immediately accessible; or
13  (iii) are unloaded and enclosed in a case, firearm 
14 carrying box,
shipping box, or other container by a person 
15 who has been issued a currently
valid Firearm Owner's

16 Identification Card.
17 (d) Sentence.
18  (1) Aggravated unlawful use of a weapon is a Class 4 
19 felony;
a second or subsequent offense is a Class 2 felony 
20 for which the person shall be sentenced to a term of 
21 imprisonment of not less than 3 years and not more than 7 
22 years, except as provided for in Section 5-4.5-110 of the 
23 Unified Code of Corrections. 
24  (2) Except as otherwise provided in paragraphs (3) and 
25 (4) of this subsection (d), a first offense of aggravated 
26 unlawful use of a weapon committed with a firearm by a 
 
 
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1 person 18 years of age or older where the factors listed in 
2 both items (A) and (C) or both items (A-5) and (C) of 
3 paragraph (3) of subsection (a) are present is a Class 4 
4 felony, for which the person shall be sentenced to a term 
5 of imprisonment of not less than one year and not more than 
6 3 years.
7  (3) Aggravated unlawful use of
a weapon by a person who 
8 has been previously
convicted of a felony in this State or 
9 another jurisdiction is a Class 2
felony for which the 
10 person shall be sentenced to a term of imprisonment of not 
11 less than 3 years and not more than 7 years, except as 
12 provided for in Section 5-4.5-110 of the Unified Code of 
13 Corrections. 
14  (4) Aggravated unlawful use of a weapon while wearing 
15 or in possession of body armor as defined in Section 33F-1 
16 by a person who has not been issued a valid Firearms 
17 Owner's Identification Card in accordance with Section 5 of 
18 the Firearm Owners Identification Card Act is a Class X 
19 felony.

20 (e) The possession of each firearm in violation of this 
21Section constitutes a single and separate violation.
22(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)


23 (720 ILCS 5/24-2)



24 Sec. 24-2. Exemptions. 

25 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
 
 
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124-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
2the following:

3  (1) Peace officers, and any person summoned by a peace 
4 officer to
assist in making arrests or preserving the 
5 peace, while actually engaged in
assisting such officer.

6  (2) Wardens, superintendents and keepers of prisons,

7 penitentiaries, jails and other institutions for the 
8 detention of persons
accused or convicted of an offense, 
9 while in the performance of their
official duty, or while 
10 commuting between their homes and places of employment.

11  (3) Members of the Armed Services or Reserve Forces of 
12 the United States
or the Illinois National Guard or the 
13 Reserve Officers Training Corps,
while in the performance 
14 of their official duty.

15  (4) Special agents employed by a railroad or a public 
16 utility to
perform police functions, and guards of armored 
17 car companies, while
actually engaged in the performance of 
18 the duties of their employment or
commuting between their 
19 homes and places of employment; and watchmen
while actually 
20 engaged in the performance of the duties of their 
21 employment.

22  (5) Persons licensed as private security contractors, 
23 private
detectives, or private alarm contractors, or 
24 employed by a private security contractor, private 
25 detective, or private alarm contractor agency licensed
by 
26 the Department of Financial and Professional Regulation, 
 
 
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1 if their duties
include the carrying of a weapon under the 
2 provisions of the Private
Detective, Private Alarm,

3 Private Security, Fingerprint Vendor, and Locksmith Act of 
4 2004,
while actually
engaged in the performance of the 
5 duties of their employment or commuting
between their homes 
6 and places of employment. A person shall be considered 
7 eligible for this
exemption if he or she has completed the 
8 required 20
hours of training for a private security 
9 contractor, private
detective, or private alarm 
10 contractor, or employee of a licensed private security 
11 contractor, private detective, or private alarm contractor 
12 agency and 20 hours of required firearm
training, and has 
13 been issued a firearm control card by
the Department of 
14 Financial and Professional Regulation. Conditions for the 
15 renewal of
firearm control cards issued under the 
16 provisions of this Section
shall be the same as for those 
17 cards issued under the provisions of the
Private Detective, 
18 Private Alarm,
Private Security, Fingerprint Vendor, and 
19 Locksmith Act of 2004. The
firearm control card shall be 
20 carried by the private security contractor, private

21 detective, or private alarm contractor, or employee of the 
22 licensed private security contractor, private detective, 
23 or private alarm contractor agency at all
times when he or 
24 she is in possession of a concealable weapon permitted by 
25 his or her firearm control card.

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

15 exemption if he or she has completed the required 20
hours 
16 of training for a security officer and 20 hours of required 
17 firearm
training, and has been issued a firearm control 
18 card by
the Department of Financial and Professional 
19 Regulation. Conditions for the renewal of
firearm control 
20 cards issued under the provisions of this Section
shall be 
21 the same as for those cards issued under the provisions of 
22 the
Private Detective, Private Alarm,
Private Security, 
23 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
24 control card shall be carried by the security guard at all

25 times when he or she is in possession of a concealable 
26 weapon permitted by his or her firearm control card.

 
 
HB4712- 20 -LRB100 16310 SLF 31434 b


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

5 any investigation for the Commission.

6  (8) Persons employed by a financial institution as a 
7 security guard for the protection of
other employees and 
8 property related to such financial institution, while

9 actually engaged in the performance of their duties, 
10 commuting between
their homes and places of employment, or 
11 traveling between sites or
properties owned or operated by 
12 such financial institution, and who, as a security guard, 
13 is a member of a security force registered with the 
14 Department; provided that
any person so employed has 
15 successfully completed a course of study,
approved by and 
16 supervised by the Department of Financial and Professional 
17 Regulation,
consisting of not less than 40 hours of 
18 training which includes theory of
law enforcement, 
19 liability for acts, and the handling of weapons.
A person 
20 shall be considered to be eligible for this exemption if he 
21 or
she has completed the required 20 hours of training for 
22 a security officer
and 20 hours of required firearm 
23 training, and has been issued a
firearm control card by the 
24 Department of Financial and Professional Regulation.

25 Conditions for renewal of firearm control cards issued 
26 under the
provisions of this Section shall be the same as 
 
 
HB4712- 21 -LRB100 16310 SLF 31434 b


1 for those issued under the
provisions of the Private 
2 Detective, Private Alarm,
Private Security, Fingerprint 
3 Vendor, and Locksmith Act of 2004. The
firearm control card 
4 shall be carried by the security guard at all times when he 
5 or she is in possession of a concealable
weapon permitted 
6 by his or her firearm control card. For purposes of this 
7 subsection, "financial institution" means a
bank, savings 
8 and loan association, credit union or company providing

9 armored car services.

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

13  (10) Persons who have been classified as peace officers 
14 pursuant
to the Peace Officer Fire Investigation Act.

15  (11) Investigators of the Office of the State's 
16 Attorneys Appellate
Prosecutor authorized by the board of 
17 governors of the Office of the
State's Attorneys Appellate 
18 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
19 State's Attorneys Appellate Prosecutor's Act.

20  (12) Special investigators appointed by a State's 
21 Attorney under
Section 3-9005 of the Counties Code.

22  (12.5) Probation officers while in the performance of 
23 their duties, or
while commuting between their homes, 
24 places of employment or specific locations
that are part of 
25 their assigned duties, with the consent of the chief judge 
26 of
the circuit for which they are employed, if they have 
 
 
HB4712- 22 -LRB100 16310 SLF 31434 b


1 received weapons training according
to requirements of the 
2 Peace Officer and Probation Officer Firearm Training Act.

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

7  (13.5) A person employed as an armed security guard at 
8 a nuclear energy,
storage, weapons or development site or 
9 facility regulated by the Nuclear
Regulatory Commission 
10 who has completed the background screening and training

11 mandated by the rules and regulations of the Nuclear 
12 Regulatory Commission.

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

16 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
17to
or affect any person carrying a concealed pistol, revolver, 
18or handgun and the person has been issued a currently valid 
19license under the Firearm Concealed Carry Act at the time of 
20the commission of the offense. 
21 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2224-1.6 do not
apply to or affect
any of the following:

23  (1) Members of any club or organization organized for 
24 the purpose of
practicing shooting at targets upon 
25 established target ranges, whether
public or private, and 
26 patrons of such ranges, while such members
or patrons are 
 
 
HB4712- 23 -LRB100 16310 SLF 31434 b


1 using their firearms on those target ranges.

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

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

6 permit while engaged in hunting,
trapping or fishing.

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

8 non-functioning state or are not immediately accessible.

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

15  (1) Peace officers while in performance of their 
16 official duties.

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

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

23  (4) Manufacture, transportation, or sale of machine 
24 guns to persons
authorized under subdivisions (1) through 
25 (3) of this subsection to
possess machine guns, if the 
26 machine guns are broken down in a
non-functioning state or 
 
 
HB4712- 24 -LRB100 16310 SLF 31434 b


1 are not immediately accessible.

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

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

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

19  (6) The manufacture, transport, testing, delivery, 
20 transfer or sale,
and all lawful commercial or experimental 
21 activities necessary thereto, of
rifles, shotguns, and 
22 weapons made from rifles or shotguns,
or ammunition for 
23 such rifles, shotguns or weapons, where engaged in
by a 
24 person operating as a contractor or subcontractor pursuant 
25 to a
contract or subcontract for the development and supply 
26 of such rifles,
shotguns, weapons or ammunition to the 
 
 
HB4712- 25 -LRB100 16310 SLF 31434 b


1 United States government or any
branch of the Armed Forces 
2 of the United States, when such activities are
necessary 
3 and incident to fulfilling the terms of such contract.

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

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

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

24 (e) Subsection 24-1(a)(8) does not apply to any owner, 
25manager or
authorized employee of any place specified in that 
26subsection nor to any
law enforcement officer.

 
 
HB4712- 26 -LRB100 16310 SLF 31434 b


1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
2Section 24-1.6
do not apply
to members of any club or 
3organization organized for the purpose of practicing
shooting 
4at targets upon established target ranges, whether public or 
5private,
while using their firearms on those target ranges.

6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
7to:

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

11  (2) Bonafide collectors of antique or surplus military 
12 ordnance.

13  (3) Laboratories having a department of forensic 
14 ballistics, or
specializing in the development of 
15 ammunition or explosive ordnance.

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

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

25 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
26persons licensed
under federal law to manufacture any device or 
 
 
HB4712- 27 -LRB100 16310 SLF 31434 b


1attachment of any kind designed,
used, or intended for use in 
2silencing the report of any firearm, firearms, or
ammunition

3for those firearms equipped with those devices, and actually 
4engaged in the
business of manufacturing those devices, 
5firearms, or ammunition, but only with
respect to
activities 
6that are within the lawful scope of that business, such as the

7manufacture, transportation, or testing of those devices, 
8firearms, or
ammunition. This
exemption does not authorize the 
9general private possession of any device or
attachment of any 
10kind designed, used, or intended for use in silencing the

11report of any firearm, but only such possession and activities 
12as are within
the
lawful scope of a licensed manufacturing 
13business described in this subsection
(g-5). During 
14transportation, these devices shall be detached from any weapon

15or
not immediately accessible.

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

1724-1.6 do not apply to
or affect any parole agent or parole 
18supervisor who meets the qualifications and conditions 
19prescribed in Section 3-14-1.5 of the Unified Code of 
20Corrections. 
21 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
22officer while serving as a member of a tactical response team 
23or special operations team. A peace officer may not personally 
24own or apply for ownership of a device or attachment of any 
25kind designed, used, or intended for use in silencing the 
26report of any firearm. These devices shall be owned and 
 
 
HB4712- 28 -LRB100 16310 SLF 31434 b


1maintained by lawfully recognized units of government whose 
2duties include the investigation of criminal acts.
3 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
5athlete's possession, transport on official Olympic and 
6Paralympic transit systems established for athletes, or use of 
7competition firearms sanctioned by the International Olympic 
8Committee, the International Paralympic Committee, the 
9International Shooting Sport Federation, or USA Shooting in 
10connection with such athlete's training for and participation 
11in shooting competitions at the 2016 Olympic and Paralympic 
12Games and sanctioned test events leading up to the 2016 Olympic 
13and Paralympic Games. 
14 (h) An information or indictment based upon a violation of 
15any
subsection of this Article need not negative any exemptions 
16contained in
this Article. The defendant shall have the burden 
17of proving such an
exemption.

18 (i) Nothing in this Article shall prohibit, apply to, or 
19affect
the transportation, carrying, or possession, of any 
20pistol or revolver,
stun gun, taser, or other firearm consigned 
21to a common carrier operating
under license of the State of 
22Illinois or the federal government, where
such transportation, 
23carrying, or possession is incident to the lawful

24transportation in which such common carrier is engaged; and 
25nothing in this
Article shall prohibit, apply to, or affect the 
26transportation, carrying,
or possession of any pistol, 
 
 
HB4712- 29 -LRB100 16310 SLF 31434 b


1revolver, stun gun, taser, or other firearm,
not the subject of 
2and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
3this Article, which is unloaded and enclosed in a case, firearm

4carrying box, shipping box, or other container, by the 
5possessor of a valid
Firearm Owners Identification Card; and 
6nothing in this
Article shall prohibit, apply to, or affect the 
7transportation of any rifle, shotgun, or other long gun in a 
8vehicle by a person who has been issued a currently
valid 
9Firearm Owner's
Identification Card if the firearm is unloaded.

10(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)