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,

 

 

HB4712- 18 -LRB100 16310 SLF 31434 b

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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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 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

 

 

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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

 

 

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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.

 

 

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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.)