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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3192 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
| | | Amends the Criminal Code of 2012. Provides that a full-time, sworn, compensated fire fighter is permitted to carry a pistol, revolver, stun gun, taser, or other firearm on his or her person in public or in a vehicle, if the fire fighter has a valid concealed carry license, is carrying on duty, and has been approved to carry on duty by the mayor, city council, village president, or village board of trustees. |
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 24-2 as follows:
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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 |
9 | | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of |
10 | | the 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) Wardens, superintendents and keepers of prisons, |
15 | | penitentiaries, jails and other institutions for the |
16 | | detention of persons accused or convicted of an offense, |
17 | | while in the performance of their official duty, or while |
18 | | commuting between their homes and places of employment. |
19 | | (3) Members of the Armed Services or Reserve Forces of |
20 | | the United States or the Illinois National Guard or the |
21 | | Reserve Officers Training Corps, while in the performance |
22 | | of their official duty. |
23 | | (4) Special agents employed by a railroad or a public |
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1 | | utility to perform police functions, and guards of armored |
2 | | car companies, while actually engaged in the performance |
3 | | of the duties of their employment or commuting between |
4 | | their homes and places of employment; and watchmen while |
5 | | actually engaged in the performance of the duties of their |
6 | | employment. |
7 | | (5) Persons licensed as private security contractors, |
8 | | private detectives, or private alarm contractors, or |
9 | | employed by a private security contractor, private |
10 | | detective, or private alarm contractor agency licensed by |
11 | | the Department of Financial and Professional Regulation, |
12 | | if their duties include the carrying of a weapon under the |
13 | | provisions of the Private Detective, Private Alarm, |
14 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
15 | | 2004, while actually engaged in the performance of the |
16 | | duties of their employment or commuting between their |
17 | | homes and places of employment. A person shall be |
18 | | considered eligible for this exemption if he or she has |
19 | | completed the required 20 hours of training for a private |
20 | | security contractor, private detective, or private alarm |
21 | | contractor, or employee of a licensed private security |
22 | | contractor, private detective, or private alarm contractor |
23 | | agency and 28 hours of required firearm training, and has |
24 | | been issued a firearm control card by the Department of |
25 | | Financial and Professional Regulation. Conditions for the |
26 | | renewal of firearm control cards issued under the |
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1 | | provisions of this Section shall be the same as for those |
2 | | cards issued under the provisions of the Private |
3 | | Detective, Private Alarm, Private Security, Fingerprint |
4 | | Vendor, and Locksmith Act of 2004. The firearm control |
5 | | card shall be carried by the private security contractor, |
6 | | private detective, or private alarm contractor, or |
7 | | employee of the licensed private security contractor, |
8 | | private detective, or private alarm contractor agency at |
9 | | all times when he or she is in possession of a concealable |
10 | | weapon permitted by his or her firearm control card. |
11 | | (6) Any person regularly employed in a commercial or |
12 | | industrial operation as a security guard for the |
13 | | protection of persons employed and private property |
14 | | related to such commercial or industrial operation, while |
15 | | actually engaged in the performance of his or her duty or |
16 | | traveling between sites or properties belonging to the |
17 | | employer, and who, as a security guard, is a member of a |
18 | | security force registered with the Department of Financial |
19 | | and Professional Regulation; provided that such security |
20 | | guard has successfully completed a course of study, |
21 | | approved by and supervised by the Department of Financial |
22 | | and Professional Regulation, consisting of not less than |
23 | | 48 hours of training that includes the theory of law |
24 | | enforcement, liability for acts, and the handling of |
25 | | weapons. A person shall be considered eligible for this |
26 | | exemption if he or she has completed the required 20 hours |
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1 | | of training for a security officer and 28 hours of |
2 | | required firearm training, and has been issued a firearm |
3 | | control card by the Department of Financial and |
4 | | Professional Regulation. Conditions for the renewal of |
5 | | firearm control cards issued under the provisions of this |
6 | | Section shall be the same as for those cards issued under |
7 | | the provisions of the Private Detective, Private Alarm, |
8 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
9 | | 2004. The firearm control card shall be carried by the |
10 | | security guard at all times when he or she is in possession |
11 | | of a concealable weapon permitted by his or her firearm |
12 | | 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 48 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 |
7 | | he or she has completed the required 20 hours of training |
8 | | for a security officer and 28 hours of required firearm |
9 | | training, and has been issued a firearm control card by |
10 | | the 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 |
16 | | card shall be carried by the security guard at all times |
17 | | when he or she is in possession of a concealable weapon |
18 | | permitted by his or her firearm control card. For purposes |
19 | | of this subsection, "financial institution" means a bank, |
20 | | savings and loan association, credit union or company |
21 | | providing 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 |
26 | | officers pursuant to the Peace Officer Fire Investigation |
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1 | | Act. |
2 | | (11) Investigators of the Office of the State's |
3 | | Attorneys Appellate Prosecutor authorized by the board of |
4 | | governors of the Office of the State's Attorneys Appellate |
5 | | Prosecutor to carry weapons pursuant to Section 7.06 of |
6 | | the State's Attorneys Appellate Prosecutor's Act. |
7 | | (12) Special investigators appointed by a State's |
8 | | Attorney under Section 3-9005 of the Counties Code. |
9 | | (12.5) Probation officers while in the performance of |
10 | | their duties, or while commuting between their homes, |
11 | | places of employment or specific locations that are part |
12 | | of their assigned duties, with the consent of the chief |
13 | | judge of the circuit for which they are employed, if they |
14 | | have received weapons training according to requirements |
15 | | of the Peace Officer and Probation Officer Firearm |
16 | | Training Act. |
17 | | (13) Court Security Officers while in the performance |
18 | | of their official duties, or while commuting between their |
19 | | homes and places of employment, with the consent of the |
20 | | Sheriff. |
21 | | (13.5) A person employed as an armed security guard at |
22 | | a nuclear energy, storage, weapons or development site or |
23 | | facility regulated by the Nuclear Regulatory Commission |
24 | | who has completed the background screening and training |
25 | | mandated by the rules and regulations of the Nuclear |
26 | | Regulatory Commission. |
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1 | | (14) Manufacture, transportation, or sale of weapons |
2 | | to persons authorized under subdivisions (1) through |
3 | | (13.5) of this subsection to possess those weapons. |
4 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
5 | | to or affect any person carrying a concealed pistol, revolver, |
6 | | or handgun and the person has been issued a currently valid |
7 | | license under the Firearm Concealed Carry Act at the time of |
8 | | the commission of the offense. |
9 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
10 | | to or affect a qualified current or retired law enforcement |
11 | | officer or a current or retired deputy, county correctional |
12 | | officer, or correctional officer of the Department of |
13 | | Corrections qualified under the laws of this State or under |
14 | | the federal Law Enforcement Officers Safety Act. |
15 | | (a-10) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
16 | | to fire fighters who are (1) full-time, sworn, and |
17 | | compensated; (2) have a valid concealed carry license; (3) |
18 | | carry on duty; and (4) are approved to carry on duty by the |
19 | | mayor, city council, village president, or village board of |
20 | | trustees. |
21 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
22 | | 24-1.6 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 |
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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 while engaged in |
6 | | lawful hunting, trapping, or fishing under the provisions |
7 | | of the Wildlife Code or the Fish and Aquatic Life Code. |
8 | | (4) Transportation of weapons that are broken down in |
9 | | a non-functioning state or are not immediately accessible. |
10 | | (5) Carrying or possessing any pistol, revolver, stun |
11 | | gun or taser or other firearm on the land or in the legal |
12 | | dwelling of another person as an invitee with that |
13 | | person's permission. |
14 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
15 | | of the following: |
16 | | (1) Peace officers while in performance of their |
17 | | official duties. |
18 | | (2) Wardens, superintendents and keepers of prisons, |
19 | | penitentiaries, jails and other institutions for the |
20 | | detention of persons accused or convicted of an offense. |
21 | | (3) Members of the Armed Services or Reserve Forces of |
22 | | the United States or the Illinois National Guard, while in |
23 | | the performance of their official duty. |
24 | | (4) Manufacture, transportation, or sale of machine |
25 | | guns to persons authorized under subdivisions (1) through |
26 | | (3) of this subsection to possess machine guns, if the |
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1 | | machine guns are broken down in a non-functioning state or |
2 | | are not immediately accessible. |
3 | | (5) Persons licensed under federal law to manufacture |
4 | | any weapon from which 8 or more shots or bullets can be |
5 | | discharged by a single function of the firing device, or |
6 | | ammunition for such weapons, and actually engaged in the |
7 | | business of manufacturing such weapons or ammunition, but |
8 | | only with respect to activities which are within the |
9 | | lawful scope of such business, such as the manufacture, |
10 | | transportation, or testing of such weapons or ammunition. |
11 | | This exemption does not authorize the general private |
12 | | possession of any weapon from which 8 or more shots or |
13 | | bullets can be discharged by a single function of the |
14 | | firing device, but only such possession and activities as |
15 | | are within the lawful scope of a licensed manufacturing |
16 | | business described in this paragraph. |
17 | | During transportation, such weapons shall be broken |
18 | | down in a non-functioning state or not immediately |
19 | | accessible. |
20 | | (6) The manufacture, transport, testing, delivery, |
21 | | transfer or sale, and all lawful commercial or |
22 | | experimental activities necessary thereto, of rifles, |
23 | | shotguns, and weapons made from rifles or shotguns, or |
24 | | ammunition for such rifles, shotguns or weapons, where |
25 | | engaged in by a person operating as a contractor or |
26 | | subcontractor pursuant to a contract or subcontract for |
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1 | | the development and supply of such rifles, shotguns, |
2 | | weapons or ammunition to the United States government or |
3 | | any branch of the Armed Forces of the United States, when |
4 | | such activities are necessary and incident to fulfilling |
5 | | the terms of such contract. |
6 | | The exemption granted under this subdivision (c)(6) |
7 | | shall also apply to any authorized agent of any such |
8 | | contractor or subcontractor who is operating within the |
9 | | scope of his employment, where such activities involving |
10 | | such weapon, weapons or ammunition are necessary and |
11 | | incident to fulfilling the terms of such contract. |
12 | | (7) A person possessing a rifle with a barrel or |
13 | | barrels less than 16 inches in length if: (A) the person |
14 | | has been issued a Curios and Relics license from the U.S. |
15 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or |
16 | | (B) the person is an active member of a bona fide, |
17 | | nationally recognized military re-enacting group and the |
18 | | modification is required and necessary to accurately |
19 | | portray the weapon for historical re-enactment purposes; |
20 | | the re-enactor is in possession of a valid and current |
21 | | re-enacting group membership credential; and the overall |
22 | | length of the weapon as modified is not less than 26 |
23 | | inches. |
24 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
25 | | possession or carrying of a black-jack or slung-shot by a |
26 | | peace officer. |
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1 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
2 | | manager or authorized employee of any place specified in that |
3 | | subsection nor to any law enforcement officer. |
4 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
5 | | Section 24-1.6 do not apply to members of any club or |
6 | | organization organized for the purpose of practicing shooting |
7 | | at targets upon established target ranges, whether public or |
8 | | private, while using their firearms on those target ranges. |
9 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
10 | | to: |
11 | | (1) Members of the Armed Services or Reserve Forces of |
12 | | the United States or the Illinois National Guard, while in |
13 | | the performance of their official duty. |
14 | | (2) Bonafide collectors of antique or surplus military |
15 | | ordnance. |
16 | | (3) Laboratories having a department of forensic |
17 | | ballistics, or specializing in the development of |
18 | | ammunition or explosive ordnance. |
19 | | (4) Commerce, preparation, assembly or possession of |
20 | | explosive bullets by manufacturers of ammunition licensed |
21 | | by the federal government, in connection with the supply |
22 | | of those organizations and persons exempted by subdivision |
23 | | (g)(1) of this Section, or like organizations and persons |
24 | | outside this State, or the transportation of explosive |
25 | | bullets to any organization or person exempted in this |
26 | | Section by a common carrier or by a vehicle owned or leased |
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1 | | by an exempted manufacturer. |
2 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
3 | | persons licensed under federal law to manufacture any device |
4 | | or attachment of any kind designed, used, or intended for use |
5 | | in silencing the report of any firearm, firearms, or |
6 | | ammunition for those firearms equipped with those devices, and |
7 | | actually engaged in the business of manufacturing those |
8 | | devices, firearms, or ammunition, but only with respect to |
9 | | activities that are within the lawful scope of that business, |
10 | | such as the manufacture, transportation, or testing of those |
11 | | devices, firearms, or ammunition. This exemption does not |
12 | | authorize the general private possession of any device or |
13 | | attachment of any kind designed, used, or intended for use in |
14 | | silencing the report of any firearm, but only such possession |
15 | | and activities as are within the lawful scope of a licensed |
16 | | manufacturing business described in this subsection (g-5). |
17 | | During transportation, these devices shall be detached from |
18 | | any weapon or not immediately accessible. |
19 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
20 | | 24-1.6 do not apply to or affect any parole agent or parole |
21 | | supervisor who meets the qualifications and conditions |
22 | | prescribed in Section 3-14-1.5 of the Unified Code of |
23 | | Corrections. |
24 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
25 | | officer while serving as a member of a tactical response team |
26 | | or special operations team. A peace officer may not personally |
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1 | | own or apply for ownership of a device or attachment of any |
2 | | kind designed, used, or intended for use in silencing the |
3 | | report of any firearm. These devices shall be owned and |
4 | | maintained by lawfully recognized units of government whose |
5 | | duties include the investigation of criminal acts. |
6 | | (g-10) (Blank). |
7 | | (h) An information or indictment based upon a violation of |
8 | | any subsection of this Article need not negative any |
9 | | exemptions contained in this Article. The defendant shall have |
10 | | the burden of proving such an exemption. |
11 | | (i) Nothing in this Article shall prohibit, apply to, or |
12 | | affect the transportation, carrying, or possession, of any |
13 | | pistol or revolver, stun gun, taser, or other firearm |
14 | | consigned to a common carrier operating under license of the |
15 | | State of Illinois or the federal government, where such |
16 | | transportation, carrying, or possession is incident to the |
17 | | lawful transportation in which such common carrier is engaged; |
18 | | and nothing in this Article shall prohibit, apply to, or |
19 | | affect the transportation, carrying, or possession of any |
20 | | pistol, revolver, stun gun, taser, or other firearm, not the |
21 | | subject of and regulated by subsection 24-1(a)(7) or |
22 | | subsection 24-2(c) of this Article, which is unloaded and |
23 | | enclosed in a case, firearm carrying box, shipping box, or |
24 | | other container, by the possessor of a valid Firearm Owners |
25 | | Identification Card. |
26 | | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; |