101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3166
 
Introduced , by Rep. Jerry Costello, II
 
SYNOPSIS AS INTRODUCED:



 
720 ILCS 5/24-2

 Amends the Criminal Code of 2012. Exempts from a violation of the unlawful use of weapons statute and the aggravated unlawful use of a weapon statute, the carrying or possessing of firearms by wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the detention of persons
accused or convicted of an offense, whether or not the firearms are carried while in the performance of their official duty or whether or not they are commuting between their homes and places of employment (currently, if the corrections officer is not a holder of a concealed carry license, he or she may carry a firearm outside his or her land or outside his or her own abode, legal dwelling, or fixed place of business, or outside the land or outside the legal dwelling of another person as an invitee with that person's permission, only while in the performance of his or her
official duty, or while commuting between his or her home and place of employment). 



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A BILL FOR
 


HB3166LRB101 08109 SLF 53175 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 
5Section 24-2 as follows:


6 (720 ILCS 5/24-2)



7 Sec. 24-2. Exemptions. 

8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
924-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
10the following:

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

14  (2) (Blank). Wardens, superintendents and keepers of 
15 prisons,
penitentiaries, jails and other institutions for 
16 the detention of persons
accused or convicted of an 
17 offense, while in the performance of their
official duty, 
18 or while commuting between their homes and places of 
19 employment.

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

 
 
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1  (4) Special agents employed by a railroad or a public 
2 utility to
perform police functions, and guards of armored 
3 car companies, while
actually engaged in the performance of 
4 the duties of their employment or
commuting between their 
5 homes and places of employment; and watchmen
while actually 
6 engaged in the performance of the duties of their 
7 employment.

8  (5) Persons licensed as private security contractors, 
9 private
detectives, or private alarm contractors, or 
10 employed by a private security contractor, private 
11 detective, or private alarm contractor agency licensed
by 
12 the Department of Financial and Professional Regulation, 
13 if their duties
include the carrying of a weapon under the 
14 provisions of the Private
Detective, Private Alarm,

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

7 detective, or private alarm contractor, or employee of the 
8 licensed private security contractor, private detective, 
9 or private alarm contractor agency at all
times when he or 
10 she is in possession of a concealable weapon permitted by 
11 his or her firearm control card.

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

 
 
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1 exemption if he or she has completed the required 20
hours 
2 of training for a security officer and 20 hours of required 
3 firearm
training, and has been issued a firearm control 
4 card by
the Department of Financial and Professional 
5 Regulation. Conditions for the renewal of
firearm control 
6 cards issued under the provisions of this Section
shall be 
7 the same as for those cards issued under the provisions of 
8 the
Private Detective, Private Alarm,
Private Security, 
9 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
10 control card shall be carried by the security guard at all

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

13  (7) Agents and investigators of the Illinois 
14 Legislative Investigating
Commission authorized by the 
15 Commission to carry the weapons specified in
subsections 
16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

17 any investigation for the Commission.

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

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

11 Conditions for renewal of firearm control cards issued 
12 under the
provisions of this Section shall be the same as 
13 for those issued under the
provisions of the Private 
14 Detective, Private Alarm,
Private Security, Fingerprint 
15 Vendor, and Locksmith Act of 2004. The
firearm control card 
16 shall be carried by the security guard at all times when he 
17 or she is in possession of a concealable
weapon permitted 
18 by his or her firearm control card. For purposes of this 
19 subsection, "financial institution" means a
bank, savings 
20 and loan association, credit union or company providing

21 armored car services.

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

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

 
 
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1  (11) Investigators of the Office of the State's 
2 Attorneys Appellate
Prosecutor authorized by the board of 
3 governors of the Office of the
State's Attorneys Appellate 
4 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
5 State's Attorneys Appellate Prosecutor's Act.

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

8  (12.5) Probation officers while in the performance of 
9 their duties, or
while commuting between their homes, 
10 places of employment or specific locations
that are part of 
11 their assigned duties, with the consent of the chief judge 
12 of
the circuit for which they are employed, if they have 
13 received weapons training according
to requirements of the 
14 Peace Officer and Probation Officer Firearm Training Act.

15  (13) Court Security Officers while in the performance 
16 of their official
duties, or while commuting between their 
17 homes and places of employment, with
the
consent of the 
18 Sheriff.

19  (13.5) A person employed as an armed security guard at 
20 a nuclear energy,
storage, weapons or development site or 
21 facility regulated by the Nuclear
Regulatory Commission 
22 who has completed the background screening and training

23 mandated by the rules and regulations of the Nuclear 
24 Regulatory Commission.

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

2 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
3to
or affect any person carrying a concealed pistol, revolver, 
4or handgun and the person has been issued a currently valid 
5license under the Firearm Concealed Carry Act at the time of 
6the commission of the offense. 
7 (a-6) Subsections 24-1(a)(3) and 24-1(a)(13) do not apply 
8to
or affect wardens, superintendents and keepers of prisons,

9penitentiaries, jails and other institutions for the detention 
10of persons
accused or convicted of an offense, while in the 
11performance of their
official duty, or while commuting between 
12their homes and places of employment. 
13 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1424-1.6 do not
apply to or affect
any of the following:

15  (1) Members of any club or organization organized for 
16 the purpose of
practicing shooting at targets upon 
17 established target ranges, whether
public or private, and 
18 patrons of such ranges, while such members
or patrons are 
19 using their firearms on those target ranges.

20  (1.5) Wardens, superintendents and keepers of prisons,

21 penitentiaries, jails and other institutions for the 
22 detention of persons
accused or convicted of an offense. 
23  (2) Duly authorized military or civil organizations 
24 while parading,
with the special permission of the 
25 Governor.

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

 
 
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1 permit while engaged in hunting,
trapping or fishing.

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

3 non-functioning state or are not immediately accessible.

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

10  (1) Peace officers while in performance of their 
11 official duties.

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

18  (4) Manufacture, transportation, or sale of machine 
19 guns to persons
authorized under subdivisions (1) through 
20 (3) of this subsection to
possess machine guns, if the 
21 machine guns are broken down in a
non-functioning state or 
22 are not immediately accessible.

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

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

11  During transportation, such weapons shall be broken 
12 down in a
non-functioning state or not immediately 
13 accessible.

14  (6) The manufacture, transport, testing, delivery, 
15 transfer or sale,
and all lawful commercial or experimental 
16 activities necessary thereto, of
rifles, shotguns, and 
17 weapons made from rifles or shotguns,
or ammunition for 
18 such rifles, shotguns or weapons, where engaged in
by a 
19 person operating as a contractor or subcontractor pursuant 
20 to a
contract or subcontract for the development and supply 
21 of such rifles,
shotguns, weapons or ammunition to the 
22 United States government or any
branch of the Armed Forces 
23 of the United States, when such activities are
necessary 
24 and incident to fulfilling the terms of such contract.

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

26 shall also apply to any authorized agent of any such 
 
 
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1 contractor or
subcontractor who is operating within the 
2 scope of his employment, where
such activities involving 
3 such weapon, weapons or ammunition are necessary
and 
4 incident to fulfilling the terms of such contract.

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

19 (e) Subsection 24-1(a)(8) does not apply to any owner, 
20manager or
authorized employee of any place specified in that 
21subsection nor to any
law enforcement officer.

22 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
23Section 24-1.6
do not apply
to members of any club or 
24organization organized for the purpose of practicing
shooting 
25at targets upon established target ranges, whether public or 
26private,
while using their firearms on those target ranges.

 
 
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1 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
2to:

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

6  (2) Bonafide collectors of antique or surplus military 
7 ordnance.

8  (3) Laboratories having a department of forensic 
9 ballistics, or
specializing in the development of 
10 ammunition or explosive ordnance.

11  (4) Commerce, preparation, assembly or possession of 
12 explosive
bullets by manufacturers of ammunition licensed 
13 by the federal government,
in connection with the supply of 
14 those organizations and persons exempted
by subdivision 
15 (g)(1) of this Section, or like organizations and persons

16 outside this State, or the transportation of explosive 
17 bullets to any
organization or person exempted in this 
18 Section by a common carrier or by a
vehicle owned or leased 
19 by an exempted manufacturer.

20 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
21persons licensed
under federal law to manufacture any device or 
22attachment of any kind designed,
used, or intended for use in 
23silencing the report of any firearm, firearms, or
ammunition

24for those firearms equipped with those devices, and actually 
25engaged in the
business of manufacturing those devices, 
26firearms, or ammunition, but only with
respect to
activities 
 
 
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1that are within the lawful scope of that business, such as the

2manufacture, transportation, or testing of those devices, 
3firearms, or
ammunition. This
exemption does not authorize the 
4general private possession of any device or
attachment of any 
5kind designed, used, or intended for use in silencing the

6report of any firearm, but only such possession and activities 
7as are within
the
lawful scope of a licensed manufacturing 
8business described in this subsection
(g-5). During 
9transportation, these devices shall be detached from any weapon

10or
not immediately accessible.

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

1224-1.6 do not apply to
or affect any parole agent or parole 
13supervisor who meets the qualifications and conditions 
14prescribed in Section 3-14-1.5 of the Unified Code of 
15Corrections. 
16 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
17officer while serving as a member of a tactical response team 
18or special operations team. A peace officer may not personally 
19own or apply for ownership of a device or attachment of any 
20kind designed, used, or intended for use in silencing the 
21report of any firearm. These devices shall be owned and 
22maintained by lawfully recognized units of government whose 
23duties include the investigation of criminal acts.
24 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
26athlete's possession, transport on official Olympic and 
 
 
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1Paralympic transit systems established for athletes, or use of 
2competition firearms sanctioned by the International Olympic 
3Committee, the International Paralympic Committee, the 
4International Shooting Sport Federation, or USA Shooting in 
5connection with such athlete's training for and participation 
6in shooting competitions at the 2016 Olympic and Paralympic 
7Games and sanctioned test events leading up to the 2016 Olympic 
8and Paralympic Games. 
9 (h) An information or indictment based upon a violation of 
10any
subsection of this Article need not negative any exemptions 
11contained in
this Article. The defendant shall have the burden 
12of proving such an
exemption.

13 (i) Nothing in this Article shall prohibit, apply to, or 
14affect
the transportation, carrying, or possession, of any 
15pistol or revolver,
stun gun, taser, or other firearm consigned 
16to a common carrier operating
under license of the State of 
17Illinois or the federal government, where
such transportation, 
18carrying, or possession is incident to the lawful

19transportation in which such common carrier is engaged; and 
20nothing in this
Article shall prohibit, apply to, or affect the 
21transportation, carrying,
or possession of any pistol, 
22revolver, stun gun, taser, or other firearm,
not the subject of 
23and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
24this Article, which is unloaded and enclosed in a case, firearm

25carrying box, shipping box, or other container, by the 
26possessor of a valid
Firearm Owners Identification Card.

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