102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3713

Introduced 1/21/2022, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-2
730 ILCS 5/3-2-14 new
730 ILCS 125/26.1 new

Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.
LRB102 22710 RLC 31856 b

A BILL FOR

SB3713LRB102 22710 RLC 31856 b
1 AN ACT concerning correctional officers.
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
5changing Section 24-2 as follows:
6 (720 ILCS 5/24-2)
7 (Text of Section before amendment by P.A. 102-152)
8 Sec. 24-2. Exemptions.
9 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
11the following:
12 (1) Peace officers, and any person summoned by a peace
13 officer to assist in making arrests or preserving the
14 peace, while actually engaged in assisting such officer.
15 (2) Wardens, superintendents and keepers of prisons,
16 penitentiaries, jails and other institutions for the
17 detention of persons accused or convicted of an offense,
18 while in the performance of their official duty, or while
19 commuting between their homes and places of 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
4 of the duties of their employment or commuting between
5 their homes and places of employment; and watchmen while
6 actually 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
18 homes and places of employment. A person shall be
19 considered eligible for this exemption if he or she has
20 completed the required 20 hours of training for a private
21 security 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
4 Detective, Private Alarm, Private Security, Fingerprint
5 Vendor, and Locksmith Act of 2004. The firearm control
6 card shall be carried by the private security contractor,
7 private detective, or private alarm contractor, or
8 employee of the licensed private security contractor,
9 private detective, or private alarm contractor agency at
10 all times when he or she is in possession of a concealable
11 weapon permitted by 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
14 protection of persons employed and private property
15 related to such commercial or industrial operation, while
16 actually engaged in the performance of his or her duty or
17 traveling between sites or properties belonging to the
18 employer, and who, as a security guard, is a member of a
19 security force registered with the Department of Financial
20 and Professional Regulation; provided that such security
21 guard has successfully completed a course of study,
22 approved by and supervised by the Department of Financial
23 and Professional Regulation, consisting of not less than
24 40 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

SB3713- 4 -LRB102 22710 RLC 31856 b
1 exemption if he or she has completed the required 20 hours
2 of training for a security officer and 20 hours of
3 required firearm training, and has been issued a firearm
4 control card by the Department of Financial and
5 Professional Regulation. Conditions for the renewal of
6 firearm control cards issued under the provisions of this
7 Section shall be the same as for those cards issued under
8 the provisions of the Private Detective, Private Alarm,
9 Private Security, Fingerprint Vendor, and Locksmith Act of
10 2004. The firearm control card shall be carried by the
11 security guard at all times when he or she is in possession
12 of a concealable weapon permitted by his or her firearm
13 control card.
14 (7) Agents and investigators of the Illinois
15 Legislative Investigating Commission authorized by the
16 Commission to carry the weapons specified in subsections
17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18 any investigation for the Commission.
19 (8) Persons employed by a financial institution as a
20 security guard for the protection of other employees and
21 property related to such financial institution, while
22 actually engaged in the performance of their duties,
23 commuting between their homes and places of employment, or
24 traveling between sites or properties owned or operated by
25 such financial institution, and who, as a security guard,
26 is a member of a security force registered with the

SB3713- 5 -LRB102 22710 RLC 31856 b
1 Department; provided that any person so employed has
2 successfully completed a course of study, approved by and
3 supervised by the Department of Financial and Professional
4 Regulation, consisting of not less than 40 hours of
5 training which includes theory of law enforcement,
6 liability for acts, and the handling of weapons. A person
7 shall be considered to be eligible for this exemption if
8 he or she has completed the required 20 hours of training
9 for a security officer and 20 hours of required firearm
10 training, and has been issued a firearm control card by
11 the Department of Financial and Professional Regulation.
12 Conditions for renewal of firearm control cards issued
13 under the provisions of this Section shall be the same as
14 for those issued under the provisions of the Private
15 Detective, Private Alarm, Private Security, Fingerprint
16 Vendor, and Locksmith Act of 2004. The firearm control
17 card shall be carried by the security guard at all times
18 when he or she is in possession of a concealable weapon
19 permitted by his or her firearm control card. For purposes
20 of this subsection, "financial institution" means a bank,
21 savings and loan association, credit union or company
22 providing armored car services.
23 (9) Any person employed by an armored car company to
24 drive an armored car, while actually engaged in the
25 performance of his duties.
26 (10) Persons who have been classified as peace

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1 officers pursuant to the Peace Officer Fire Investigation
2 Act.
3 (11) Investigators of the Office of the State's
4 Attorneys Appellate Prosecutor authorized by the board of
5 governors of the Office of the State's Attorneys Appellate
6 Prosecutor to carry weapons pursuant to Section 7.06 of
7 the State's Attorneys Appellate Prosecutor's Act.
8 (12) Special investigators appointed by a State's
9 Attorney under Section 3-9005 of the Counties Code.
10 (12.5) Probation officers while in the performance of
11 their duties, or while commuting between their homes,
12 places of employment or specific locations that are part
13 of their assigned duties, with the consent of the chief
14 judge of the circuit for which they are employed, if they
15 have received weapons training according to requirements
16 of the Peace Officer and Probation Officer Firearm
17 Training Act.
18 (13) Court Security Officers while in the performance
19 of their official duties, or while commuting between their
20 homes and places of employment, with the consent of the
21 Sheriff.
22 (13.5) A person employed as an armed security guard at
23 a nuclear energy, storage, weapons or development site or
24 facility regulated by the Nuclear Regulatory Commission
25 who has completed the background screening and training
26 mandated by the rules and regulations of the Nuclear

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1 Regulatory Commission.
2 (14) Manufacture, transportation, or sale of weapons
3 to persons authorized under subdivisions (1) through
4 (13.5) of this subsection to possess those weapons.
5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
11to or affect a qualified current or retired law enforcement
12officer qualified under the laws of this State or under the
13federal Law Enforcement Officers Safety Act.
14 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16 (1) Members of any club or organization organized for
17 the purpose of practicing shooting at targets upon
18 established target ranges, whether public or private, and
19 patrons of such ranges, while such members or patrons are
20 using their firearms on those target ranges.
21 (2) Duly authorized military or civil organizations
22 while parading, with the special permission of the
23 Governor.
24 (3) Hunters, trappers or fishermen with a license or
25 permit while engaged in hunting, trapping or fishing.
26 (4) Transportation of weapons that are broken down in

SB3713- 8 -LRB102 22710 RLC 31856 b
1 a non-functioning state or are not immediately accessible.
2 (5) Carrying or possessing any pistol, revolver, stun
3 gun or taser or other firearm on the land or in the legal
4 dwelling of another person as an invitee with that
5 person's permission.
6 (c) Subsection 24-1(a)(7) does not apply to or affect any
7of the following:
8 (1) Peace officers while in performance of their
9 official duties.
10 (2) Wardens, superintendents and keepers of prisons,
11 penitentiaries, jails and other institutions for the
12 detention of persons accused or convicted of an offense.
13 (3) Members of the Armed Services or Reserve Forces of
14 the United States or the Illinois National Guard, while in
15 the performance of their official duty.
16 (4) Manufacture, transportation, or sale of machine
17 guns to persons authorized under subdivisions (1) through
18 (3) of this subsection to possess machine guns, if the
19 machine guns are broken down in a non-functioning state or
20 are not immediately accessible.
21 (5) Persons licensed under federal law to manufacture
22 any weapon from which 8 or more shots or bullets can be
23 discharged by a single function of the firing device, or
24 ammunition for such weapons, and actually engaged in the
25 business of manufacturing such weapons or ammunition, but
26 only with respect to activities which are within the

SB3713- 9 -LRB102 22710 RLC 31856 b
1 lawful scope of such business, such as the manufacture,
2 transportation, or testing of such weapons or ammunition.
3 This exemption does not authorize the general private
4 possession of any weapon from which 8 or more shots or
5 bullets can be discharged by a single function of the
6 firing device, but only such possession and activities as
7 are within the lawful scope of a licensed manufacturing
8 business described in this paragraph.
9 During transportation, such weapons shall be broken
10 down in a non-functioning state or not immediately
11 accessible.
12 (6) The manufacture, transport, testing, delivery,
13 transfer or sale, and all lawful commercial or
14 experimental activities necessary thereto, of rifles,
15 shotguns, and weapons made from rifles or shotguns, or
16 ammunition for such rifles, shotguns or weapons, where
17 engaged in by a person operating as a contractor or
18 subcontractor pursuant to a contract or subcontract for
19 the development and supply of such rifles, shotguns,
20 weapons or ammunition to the United States government or
21 any branch of the Armed Forces of the United States, when
22 such activities are necessary and incident to fulfilling
23 the terms of such contract.
24 The exemption granted under this subdivision (c)(6)
25 shall also apply to any authorized agent of any such
26 contractor or subcontractor who is operating within the

SB3713- 10 -LRB102 22710 RLC 31856 b
1 scope of his employment, where such activities involving
2 such weapon, weapons or ammunition are necessary and
3 incident to fulfilling the terms of such contract.
4 (7) A person possessing a rifle with a barrel or
5 barrels less than 16 inches in length if: (A) the person
6 has been issued a Curios and Relics license from the U.S.
7 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
8 (B) the person is an active member of a bona fide,
9 nationally recognized military re-enacting group and the
10 modification is required and necessary to accurately
11 portray the weapon for historical re-enactment purposes;
12 the re-enactor is in possession of a valid and current
13 re-enacting group membership credential; and the overall
14 length of the weapon as modified is not less than 26
15 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
18peace officer.
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.

SB3713- 11 -LRB102 22710 RLC 31856 b
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
14 of 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
22or attachment of any kind designed, used, or intended for use
23in silencing the report of any firearm, firearms, or
24ammunition for those firearms equipped with those devices, and
25actually engaged in the business of manufacturing those
26devices, firearms, or ammunition, but only with respect to

SB3713- 12 -LRB102 22710 RLC 31856 b
1activities that are within the lawful scope of that business,
2such as the manufacture, transportation, or testing of those
3devices, firearms, or ammunition. This exemption does not
4authorize the general private possession of any device or
5attachment of any kind designed, used, or intended for use in
6silencing the report of any firearm, but only such possession
7and activities as are within the lawful scope of a licensed
8manufacturing business described in this subsection (g-5).
9During transportation, these devices shall be detached from
10any weapon or 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
8Olympic and Paralympic Games.
9 (h) An information or indictment based upon a violation of
10any subsection of this Article need not negative any
11exemptions contained in this Article. The defendant shall have
12the burden of 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
16consigned to a common carrier operating under license of the
17State of Illinois or the federal government, where such
18transportation, carrying, or possession is incident to the
19lawful transportation in which such common carrier is engaged;
20and nothing in this Article shall prohibit, apply to, or
21affect the transportation, carrying, or possession of any
22pistol, revolver, stun gun, taser, or other firearm, not the
23subject of and regulated by subsection 24-1(a)(7) or
24subsection 24-2(c) of this Article, which is unloaded and
25enclosed in a case, firearm carrying box, shipping box, or
26other container, by the possessor of a valid Firearm Owners

SB3713- 14 -LRB102 22710 RLC 31856 b
1Identification Card.
2(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
3 (Text of Section after amendment by P.A. 102-152)
4 Sec. 24-2. Exemptions.
5 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
7the following:
8 (1) Peace officers, and any person summoned by a peace
9 officer to assist in making arrests or preserving the
10 peace, while actually engaged in assisting such officer.
11 (2) Wardens, superintendents and keepers of prisons,
12 penitentiaries, jails and other institutions for the
13 detention of persons accused or convicted of an offense,
14 while in the performance of their official duty, or while
15 commuting between their homes and places of employment.
16 (3) Members of the Armed Services or Reserve Forces of
17 the United States or the Illinois National Guard or the
18 Reserve Officers Training Corps, while in the performance
19 of their official duty.
20 (4) Special agents employed by a railroad or a public
21 utility to perform police functions, and guards of armored
22 car companies, while actually engaged in the performance
23 of the duties of their employment or commuting between
24 their homes and places of employment; and watchmen while
25 actually engaged in the performance of the duties of their

SB3713- 15 -LRB102 22710 RLC 31856 b
1 employment.
2 (5) Persons licensed as private security contractors,
3 private detectives, or private alarm contractors, or
4 employed by a private security contractor, private
5 detective, or private alarm contractor agency licensed by
6 the Department of Financial and Professional Regulation,
7 if their duties include the carrying of a weapon under the
8 provisions of the Private Detective, Private Alarm,
9 Private Security, Fingerprint Vendor, and Locksmith Act of
10 2004, while actually engaged in the performance of the
11 duties of their employment or commuting between their
12 homes and places of employment. A person shall be
13 considered eligible for this exemption if he or she has
14 completed the required 20 hours of training for a private
15 security contractor, private detective, or private alarm
16 contractor, or employee of a licensed private security
17 contractor, private detective, or private alarm contractor
18 agency and 28 hours of required firearm training, and has
19 been issued a firearm control card by the Department of
20 Financial and Professional Regulation. Conditions for the
21 renewal of firearm control cards issued under the
22 provisions of this Section shall be the same as for those
23 cards issued under the provisions of the Private
24 Detective, Private Alarm, Private Security, Fingerprint
25 Vendor, and Locksmith Act of 2004. The firearm control
26 card shall be carried by the private security contractor,

SB3713- 16 -LRB102 22710 RLC 31856 b
1 private detective, or private alarm contractor, or
2 employee of the licensed private security contractor,
3 private detective, or private alarm contractor agency at
4 all times when he or she is in possession of a concealable
5 weapon permitted by his or her firearm control card.
6 (6) Any person regularly employed in a commercial or
7 industrial operation as a security guard for the
8 protection of persons employed and private property
9 related to such commercial or industrial operation, while
10 actually engaged in the performance of his or her duty or
11 traveling between sites or properties belonging to the
12 employer, and who, as a security guard, is a member of a
13 security force registered with the Department of Financial
14 and Professional Regulation; provided that such security
15 guard has successfully completed a course of study,
16 approved by and supervised by the Department of Financial
17 and Professional Regulation, consisting of not less than
18 48 hours of training that includes the theory of law
19 enforcement, liability for acts, and the handling of
20 weapons. A person shall be considered eligible for this
21 exemption if he or she has completed the required 20 hours
22 of training for a security officer and 28 hours of
23 required firearm training, and has been issued a firearm
24 control card by the Department of Financial and
25 Professional Regulation. Conditions for the renewal of
26 firearm control cards issued under the provisions of this

SB3713- 17 -LRB102 22710 RLC 31856 b
1 Section shall be the same as for those cards issued under
2 the provisions of the Private Detective, Private Alarm,
3 Private Security, Fingerprint Vendor, and Locksmith Act of
4 2004. The firearm control card shall be carried by the
5 security guard at all times when he or she is in possession
6 of a concealable weapon permitted by his or her firearm
7 control card.
8 (7) Agents and investigators of the Illinois
9 Legislative Investigating Commission authorized by the
10 Commission to carry the weapons specified in subsections
11 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
12 any investigation for the Commission.
13 (8) Persons employed by a financial institution as a
14 security guard for the protection of other employees and
15 property related to such financial institution, while
16 actually engaged in the performance of their duties,
17 commuting between their homes and places of employment, or
18 traveling between sites or properties owned or operated by
19 such financial institution, and who, as a security guard,
20 is a member of a security force registered with the
21 Department; provided that any person so employed has
22 successfully completed a course of study, approved by and
23 supervised by the Department of Financial and Professional
24 Regulation, consisting of not less than 48 hours of
25 training which includes theory of law enforcement,
26 liability for acts, and the handling of weapons. A person

SB3713- 18 -LRB102 22710 RLC 31856 b
1 shall be considered to be eligible for this exemption if
2 he or she has completed the required 20 hours of training
3 for a security officer and 28 hours of required firearm
4 training, and has been issued a firearm control card by
5 the Department of Financial and Professional Regulation.
6 Conditions for renewal of firearm control cards issued
7 under the provisions of this Section shall be the same as
8 for those issued under the provisions of the Private
9 Detective, Private Alarm, Private Security, Fingerprint
10 Vendor, and Locksmith Act of 2004. The firearm control
11 card shall be carried by the security guard at all times
12 when he or she is in possession of a concealable weapon
13 permitted by his or her firearm control card. For purposes
14 of this subsection, "financial institution" means a bank,
15 savings and loan association, credit union or company
16 providing armored car services.
17 (9) Any person employed by an armored car company to
18 drive an armored car, while actually engaged in the
19 performance of his duties.
20 (10) Persons who have been classified as peace
21 officers pursuant to the Peace Officer Fire Investigation
22 Act.
23 (11) Investigators of the Office of the State's
24 Attorneys Appellate Prosecutor authorized by the board of
25 governors of the Office of the State's Attorneys Appellate
26 Prosecutor to carry weapons pursuant to Section 7.06 of

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1 the State's Attorneys Appellate Prosecutor's Act.
2 (12) Special investigators appointed by a State's
3 Attorney under Section 3-9005 of the Counties Code.
4 (12.5) Probation officers while in the performance of
5 their duties, or while commuting between their homes,
6 places of employment or specific locations that are part
7 of their assigned duties, with the consent of the chief
8 judge of the circuit for which they are employed, if they
9 have received weapons training according to requirements
10 of the Peace Officer and Probation Officer Firearm
11 Training Act.
12 (13) Court Security Officers while in the performance
13 of their official duties, or while commuting between their
14 homes and places of employment, with the consent of the
15 Sheriff.
16 (13.5) A person employed as an armed security guard at
17 a nuclear energy, storage, weapons or development site or
18 facility regulated by the Nuclear Regulatory Commission
19 who has completed the background screening and training
20 mandated by the rules and regulations of the Nuclear
21 Regulatory Commission.
22 (14) Manufacture, transportation, or sale of weapons
23 to persons authorized under subdivisions (1) through
24 (13.5) of this subsection to possess those weapons.
25 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26to or affect any person carrying a concealed pistol, revolver,

SB3713- 20 -LRB102 22710 RLC 31856 b
1or handgun and the person has been issued a currently valid
2license under the Firearm Concealed Carry Act at the time of
3the commission of the offense.
4 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect a qualified current or retired law enforcement
6officer qualified under the laws of this State or under the
7federal Law Enforcement Officers Safety Act.
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10 (1) Members of any club or organization organized for
11 the purpose of practicing shooting at targets upon
12 established target ranges, whether public or private, and
13 patrons of such ranges, while such members or patrons are
14 using their firearms on those target ranges.
15 (2) Duly authorized military or civil organizations
16 while parading, with the special permission of the
17 Governor.
18 (3) Hunters, trappers or fishermen with a license or
19 permit while engaged in hunting, trapping or fishing.
20 (4) Transportation of weapons that are broken down in
21 a non-functioning state or are not immediately accessible.
22 (5) Carrying or possessing any pistol, revolver, stun
23 gun or taser or other firearm on the land or in the legal
24 dwelling of another person as an invitee with that
25 person's permission.
26 (c) Subsection 24-1(a)(7) does not apply to or affect any

SB3713- 21 -LRB102 22710 RLC 31856 b
1of the following:
2 (1) Peace officers while in performance of their
3 official duties.
4 (2) Wardens, superintendents and keepers of prisons,
5 penitentiaries, jails and other institutions for the
6 detention of persons accused or convicted of an offense.
7 (3) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (4) Manufacture, transportation, or sale of machine
11 guns to persons authorized under subdivisions (1) through
12 (3) of this subsection to possess machine guns, if the
13 machine guns are broken down in a non-functioning state or
14 are not immediately accessible.
15 (5) Persons licensed under federal law to manufacture
16 any weapon from which 8 or more shots or bullets can be
17 discharged by a single function of the firing device, or
18 ammunition for such weapons, and actually engaged in the
19 business of manufacturing such weapons or ammunition, but
20 only with respect to activities which are within the
21 lawful scope of such business, such as the manufacture,
22 transportation, or testing of such weapons or ammunition.
23 This exemption does not authorize the general private
24 possession of any weapon from which 8 or more shots or
25 bullets can be discharged by a single function of the
26 firing device, but only such possession and activities as

SB3713- 22 -LRB102 22710 RLC 31856 b
1 are within the lawful scope of a licensed manufacturing
2 business described in this paragraph.
3 During transportation, such weapons shall be broken
4 down in a non-functioning state or not immediately
5 accessible.
6 (6) The manufacture, transport, testing, delivery,
7 transfer or sale, and all lawful commercial or
8 experimental activities necessary thereto, of rifles,
9 shotguns, and weapons made from rifles or shotguns, or
10 ammunition for such rifles, shotguns or weapons, where
11 engaged in by a person operating as a contractor or
12 subcontractor pursuant to a contract or subcontract for
13 the development and supply of such rifles, shotguns,
14 weapons or ammunition to the United States government or
15 any branch of the Armed Forces of the United States, when
16 such activities are necessary and incident to fulfilling
17 the terms of such contract.
18 The exemption granted under this subdivision (c)(6)
19 shall also apply to any authorized agent of any such
20 contractor or subcontractor who is operating within the
21 scope of his employment, where such activities involving
22 such weapon, weapons or ammunition are necessary and
23 incident to fulfilling the terms of such contract.
24 (7) A person possessing a rifle with a barrel or
25 barrels less than 16 inches in length if: (A) the person
26 has been issued a Curios and Relics license from the U.S.

SB3713- 23 -LRB102 22710 RLC 31856 b
1 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
2 (B) the person is an active member of a bona fide,
3 nationally recognized military re-enacting group and the
4 modification is required and necessary to accurately
5 portray the weapon for historical re-enactment purposes;
6 the re-enactor is in possession of a valid and current
7 re-enacting group membership credential; and the overall
8 length of the weapon as modified is not less than 26
9 inches.
10 (d) Subsection 24-1(a)(1) does not apply to the purchase,
11possession or carrying of a black-jack or slung-shot by a
12peace officer.
13 (e) Subsection 24-1(a)(8) does not apply to any owner,
14manager or authorized employee of any place specified in that
15subsection nor to any law enforcement officer.
16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17Section 24-1.6 do not apply to members of any club or
18organization organized for the purpose of practicing shooting
19at targets upon established target ranges, whether public or
20private, while using their firearms on those target ranges.
21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22to:
23 (1) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard, while in
25 the performance of their official duty.
26 (2) Bonafide collectors of antique or surplus military

SB3713- 24 -LRB102 22710 RLC 31856 b
1 ordnance.
2 (3) Laboratories having a department of forensic
3 ballistics, or specializing in the development of
4 ammunition or explosive ordnance.
5 (4) Commerce, preparation, assembly or possession of
6 explosive bullets by manufacturers of ammunition licensed
7 by the federal government, in connection with the supply
8 of those organizations and persons exempted by subdivision
9 (g)(1) of this Section, or like organizations and persons
10 outside this State, or the transportation of explosive
11 bullets to any organization or person exempted in this
12 Section by a common carrier or by a vehicle owned or leased
13 by an exempted manufacturer.
14 (g-5) Subsection 24-1(a)(6) does not apply to or affect
15persons licensed under federal law to manufacture any device
16or attachment of any kind designed, used, or intended for use
17in silencing the report of any firearm, firearms, or
18ammunition for those firearms equipped with those devices, and
19actually engaged in the business of manufacturing those
20devices, firearms, or ammunition, but only with respect to
21activities that are within the lawful scope of that business,
22such as the manufacture, transportation, or testing of those
23devices, firearms, or ammunition. This exemption does not
24authorize the general private possession of any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, but only such possession

SB3713- 25 -LRB102 22710 RLC 31856 b
1and activities as are within the lawful scope of a licensed
2manufacturing business described in this subsection (g-5).
3During transportation, these devices shall be detached from
4any weapon or not immediately accessible.
5 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any parole agent or parole
7supervisor who meets the qualifications and conditions
8prescribed in Section 3-14-1.5 of the Unified Code of
9Corrections.
10 (g-7) Subsection 24-1(a)(6) does not apply to a peace
11officer while serving as a member of a tactical response team
12or special operations team. A peace officer may not personally
13own or apply for ownership of a device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm. These devices shall be owned and
16maintained by lawfully recognized units of government whose
17duties include the investigation of criminal acts.
18 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any currently employed or
20retired:
21 (1) State correctional officer who meets the
22 qualifications and conditions prescribed in Section 3-2-14
23 of the Unified Code of Corrections; or
24 (2) county correctional officer who meets the
25 qualifications and conditions prescribed in Section 26.1
26 of the County Jail Act.

SB3713- 26 -LRB102 22710 RLC 31856 b
1 (g-10) (Blank).
2 (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any
4exemptions contained in this Article. The defendant shall have
5the burden of proving such an exemption.
6 (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm
9consigned to a common carrier operating under license of the
10State of Illinois or the federal government, where such
11transportation, carrying, or possession is incident to the
12lawful transportation in which such common carrier is engaged;
13and nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession of any
15pistol, revolver, stun gun, taser, or other firearm, not the
16subject of and regulated by subsection 24-1(a)(7) or
17subsection 24-2(c) of this Article, which is unloaded and
18enclosed in a case, firearm carrying box, shipping box, or
19other container, by the possessor of a valid Firearm Owners
20Identification Card.
21(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
22 Section 10. The Unified Code of Corrections is amended by
23adding Section 3-2-14 as follows:
24 (730 ILCS 5/3-2-14 new)

SB3713- 27 -LRB102 22710 RLC 31856 b
1 Sec. 3-2-14. State correctional officers; off-duty
2firearms.
3 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 of the Criminal Code of 2012 do not apply to currently
5employed or retired State correctional officers who meet the
6following conditions:
7 (1) The currently employed or retired State
8 correctional officer must be at least 21 years of age and
9 possess a valid Firearm Owner's Identification Card as
10 prescribed in the Firearm Owners Identification Card Act,
11 receive training in the use of firearms while off duty
12 conducted by the Illinois Law Enforcement Training
13 Standards Board, and be certified as successfully
14 completing the training by the Board. The Board shall
15 determine the amount of the training and the course
16 content for the training. The currently employed or
17 retired State correctional officer shall requalify for the
18 firearms training annually at a State range certified by
19 the Illinois Law Enforcement Training Standards Board. The
20 expenses of the retraining shall be paid by the currently
21 employed or retired State correctional officer and moneys
22 for the costs of the requalification shall be expended at
23 the request of the Illinois Law Enforcement Training
24 Standards Board.
25 (2) The currently employed or retired State
26 correctional officer shall purchase the firearm at his or

SB3713- 28 -LRB102 22710 RLC 31856 b
1 her own expense and shall register the firearm with the
2 Illinois State Police and with any other local law
3 enforcement agencies that require the registration.
4 (3) The currently employed or retired State
5 correctional officer may not carry any Illinois Department
6 of Corrections or Department of Juvenile Justice
7 State-issued firearm while off duty. A person who violates
8 this paragraph (3) is subject to disciplinary action by
9 the Illinois Department of Corrections or the Department
10 of Juvenile Justice.
11 (4) State correctional officers who are or were
12 discharged from employment by the Illinois Department of
13 Corrections or the Department of Juvenile Justice for
14 cause shall no longer be considered law enforcement
15 officials and all their rights as law enforcement
16 officials shall be revoked permanently, unless employed
17 thereafter by the Department of Corrections or the
18 Department of Juvenile Justice.
19 (b) As used in this Section, "State correctional officer"
20means an employee of the Department of Corrections or the
21Department of Juvenile Justice who has custody and control
22over inmates in an adult or juvenile correctional facility.
23 Section 15. The County Jail Act is amended by adding
24Section 26.1 as follows:

SB3713- 29 -LRB102 22710 RLC 31856 b
1 (730 ILCS 125/26.1 new)
2 Sec. 26.1. County correctional officers; off-duty
3firearms.
4 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 of the Criminal Code of 2012 do not apply to currently
6employed or retired county correctional officers who meet the
7following conditions:
8 (1) The currently employed or retired county
9 correctional officer must be at least 21 years of age and
10 possess a valid Firearm Owner's Identification Card as
11 prescribed in the Firearm Owners Identification Card Act,
12 receive training in the use of firearms while off duty
13 conducted by the Illinois Law Enforcement Training
14 Standards Board, and be certified as successfully
15 completing the training by the Board. The Board shall
16 determine the amount of the training and the course
17 content for the training. The currently employed or
18 retired county correctional officer shall requalify for
19 the firearms training annually at a State range certified
20 by the Illinois Law Enforcement Training Standards Board.
21 The expenses of the retraining shall be paid by the
22 currently employed or retired county correctional officer
23 and moneys for the costs of the requalification shall be
24 expended at the request of the Illinois Law Enforcement
25 Training Standards Board.
26 (2) The currently employed or retired county

SB3713- 30 -LRB102 22710 RLC 31856 b
1 correctional officer shall purchase the firearm at his or
2 her own expense and shall register the firearm with the
3 Illinois State Police and with any other local law
4 enforcement agencies that require the registration.
5 (3) The currently employed or retired county
6 correctional officer may not carry any county
7 sheriff-issued firearm while off duty. A person who
8 violates this paragraph (3) is subject to disciplinary
9 action by the county sheriff.
10 (4) County correctional officers who are or were
11 discharged from employment by a county sheriff for cause
12 shall no longer be considered law enforcement officials
13 and all their rights as law enforcement officials shall be
14 revoked permanently, unless employed thereafter by a
15 county sheriff.
16 (b) As used in this Section, "county correctional officer"
17means an employee of the county who has custody and control
18over inmates in a county jail or juvenile detention center.
19 Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.