101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3189

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he or she knowingly possesses, sells or offers to sell, purchases, manufactures, imports, transfers, or uses: (1) any manual, power-driven, or electronic device that is designed to and functions to increase the rate of fire of a semiautomatic firearm when the device is attached to the firearm; (2) any part of a semiautomatic firearm or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm by eliminating the need for the operator of the firearm to make a separate movement for each individual function of the trigger; or (3) any other device, part, or combination of parts that is designed to and functions to substantially increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. This offense is a Class 2 felony. Provides for exemptions.


LRB101 09982 SLF 55084 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3189LRB101 09982 SLF 55084 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 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 weapons that meet one of the following
16    conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a case, firearm
20        carrying box, shipping box, or other container by a
21        person who has been issued a currently valid Firearm
22        Owner's Identification Card; or
23            (iv) are carried or possessed in accordance with
24        the Firearm Concealed Carry Act by a person who has
25        been issued a currently valid license under the Firearm
26        Concealed Carry Act; or

 

 

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1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (ii) any rifle having one or more barrels less than
20        16 inches in length or a shotgun having one or more
21        barrels less than 18 inches in length or any weapon
22        made from a rifle or shotgun, whether by alteration,
23        modification, or otherwise, if such a weapon as
24        modified has an overall length of less than 26 inches;
25        or
26            (iii) any bomb, bomb-shell, grenade, bottle or

 

 

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1        other container containing an explosive substance of
2        over one-quarter ounce for like purposes, such as, but
3        not limited to, black powder bombs and Molotov
4        cocktails or artillery projectiles; or
5        (8) Carries or possesses any firearm, stun gun or taser
6    or other deadly weapon in any place which is licensed to
7    sell intoxicating beverages, or at any public gathering
8    held pursuant to a license issued by any governmental body
9    or any public gathering at which an admission is charged,
10    excluding a place where a showing, demonstration or lecture
11    involving the exhibition of unloaded firearms is
12    conducted.
13        This subsection (a)(8) does not apply to any auction or
14    raffle of a firearm held pursuant to a license or permit
15    issued by a governmental body, nor does it apply to persons
16    engaged in firearm safety training courses; or
17        (9) Carries or possesses in a vehicle or on or about
18    his person any pistol, revolver, stun gun or taser or
19    firearm or ballistic knife, when he is hooded, robed or
20    masked in such manner as to conceal his identity; or
21        (10) Carries or possesses on or about his person, upon
22    any public street, alley, or other public lands within the
23    corporate limits of a city, village or incorporated town,
24    except when an invitee thereon or therein, for the purpose
25    of the display of such weapon or the lawful commerce in
26    weapons, or except when on his land or in his own abode,

 

 

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1    legal dwelling, or fixed place of business, or on the land
2    or in the legal dwelling of another person as an invitee
3    with that person's permission, any pistol, revolver, stun
4    gun or taser or other firearm, except that this subsection
5    (a) (10) does not apply to or affect transportation of
6    weapons that meet one of the following conditions:
7            (i) are broken down in a non-functioning state; or
8            (ii) are not immediately accessible; or
9            (iii) are unloaded and enclosed in a case, firearm
10        carrying box, shipping box, or other container by a
11        person who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the Firearm
16        Concealed Carry Act.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures or purchases any explosive
4    bullet. For purposes of this paragraph (a) "explosive
5    bullet" means the projectile portion of an ammunition
6    cartridge which contains or carries an explosive charge
7    which will explode upon contact with the flesh of a human
8    or an animal. "Cartridge" means a tubular metal case having
9    a projectile affixed at the front thereof and a cap or
10    primer at the rear end thereof, with the propellant
11    contained in such tube between the projectile and the cap;
12    or
13        (12) (Blank); or
14        (13) Carries or possesses on or about his or her person
15    while in a building occupied by a unit of government, a
16    billy club, other weapon of like character, or other
17    instrument of like character intended for use as a weapon.
18    For the purposes of this Section, "billy club" means a
19    short stick or club commonly carried by police officers
20    which is either telescopic or constructed of a solid piece
21    of wood or other man-made material.
22        (14) Possesses, sells or offers to sell, purchases,
23    manufactures, imports, transfers, or uses:
24            (i) any manual, power-driven, or electronic device
25        that is designed to and functions to increase the rate
26        of fire of a semiautomatic firearm when the device is

 

 

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1        attached to the firearm;
2            (ii) any part of a semiautomatic firearm or
3        combination of parts that is designed to and functions
4        to increase the rate of fire of a semiautomatic firearm
5        by eliminating the need for the operator of the firearm
6        to make a separate movement for each individual
7        function of the trigger; or
8            (iii) any other device, part, or combination of
9        parts that is designed to and functions to
10        substantially increase the rate of fire of a
11        semiautomatic firearm above the standard rate of fire
12        for semiautomatic firearms that is not equipped with
13        that device, part, or combination of parts.
14    (b) Sentence. A person convicted of a violation of
15subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
16subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
17Class A misdemeanor. A person convicted of a violation of
18subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
19person convicted of a violation of subsection 24-1(a)(6) or
2024-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
21convicted of a violation of subsection 24-1(a)(7)(i) commits a
22Class 2 felony and shall be sentenced to a term of imprisonment
23of not less than 3 years and not more than 7 years, unless the
24weapon is possessed in the passenger compartment of a motor
25vehicle as defined in Section 1-146 of the Illinois Vehicle
26Code, or on the person, while the weapon is loaded, in which

 

 

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1case it shall be a Class X felony. A person convicted of a
2second or subsequent violation of subsection 24-1(a)(4),
324-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
4felony. A person convicted of subsection 24-1(a)(14) commits a
5Class 2 felony. The possession of each weapon or device in
6violation of this Section constitutes a single and separate
7violation.
8    (c) Violations in specific places.
9        (1) A person who violates subsection 24-1(a)(6) or
10    24-1(a)(7) in any school, regardless of the time of day or
11    the time of year, in residential property owned, operated
12    or managed by a public housing agency or leased by a public
13    housing agency as part of a scattered site or mixed-income
14    development, in a public park, in a courthouse, on the real
15    property comprising any school, regardless of the time of
16    day or the time of year, on residential property owned,
17    operated or managed by a public housing agency or leased by
18    a public housing agency as part of a scattered site or
19    mixed-income development, on the real property comprising
20    any public park, on the real property comprising any
21    courthouse, in any conveyance owned, leased or contracted
22    by a school to transport students to or from school or a
23    school related activity, in any conveyance owned, leased,
24    or contracted by a public transportation agency, or on any
25    public way within 1,000 feet of the real property
26    comprising any school, public park, courthouse, public

 

 

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1    transportation facility, or residential property owned,
2    operated, or managed by a public housing agency or leased
3    by a public housing agency as part of a scattered site or
4    mixed-income development commits a Class 2 felony and shall
5    be sentenced to a term of imprisonment of not less than 3
6    years and not more than 7 years.
7        (1.5) A person who violates subsection 24-1(a)(4),
8    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
9    time of day or the time of year, in residential property
10    owned, operated, or managed by a public housing agency or
11    leased by a public housing agency as part of a scattered
12    site or mixed-income development, in a public park, in a
13    courthouse, on the real property comprising any school,
14    regardless of the time of day or the time of year, on
15    residential property owned, operated, or managed by a
16    public housing agency or leased by a public housing agency
17    as part of a scattered site or mixed-income development, on
18    the real property comprising any public park, on the real
19    property comprising any courthouse, in any conveyance
20    owned, leased, or contracted by a school to transport
21    students to or from school or a school related activity, in
22    any conveyance owned, leased, or contracted by a public
23    transportation agency, or on any public way within 1,000
24    feet of the real property comprising any school, public
25    park, courthouse, public transportation facility, or
26    residential property owned, operated, or managed by a

 

 

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

 

 

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1    that is used by the Circuit, Appellate, or Supreme Court of
2    this State for the conduct of official business.
3        (3) Paragraphs (1), (1.5), and (2) of this subsection
4    (c) shall not apply to law enforcement officers or security
5    officers of such school, college, or university or to
6    students carrying or possessing firearms for use in
7    training courses, parades, hunting, target shooting on
8    school ranges, or otherwise with the consent of school
9    authorities and which firearms are transported unloaded
10    enclosed in a suitable case, box, or transportation
11    package.
12        (4) For the purposes of this subsection (c), "school"
13    means any public or private elementary or secondary school,
14    community college, college, or university.
15        (5) For the purposes of this subsection (c), "public
16    transportation agency" means a public or private agency
17    that provides for the transportation or conveyance of
18    persons by means available to the general public, except
19    for transportation by automobiles not used for conveyance
20    of the general public as passengers; and "public
21    transportation facility" means a terminal or other place
22    where one may obtain public transportation.
23    (d) The presence in an automobile other than a public
24omnibus of any weapon, instrument or substance referred to in
25subsection (a)(7) is prima facie evidence that it is in the
26possession of, and is being carried by, all persons occupying

 

 

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1such automobile at the time such weapon, instrument or
2substance is found, except under the following circumstances:
3(i) if such weapon, instrument or instrumentality is found upon
4the person of one of the occupants therein; or (ii) if such
5weapon, instrument or substance is found in an automobile
6operated for hire by a duly licensed driver in the due, lawful
7and proper pursuit of his trade, then such presumption shall
8not apply to the driver.
9    (e) Exemptions.
10        (1) Crossbows, Common or Compound bows and Underwater
11    Spearguns are exempted from the definition of ballistic
12    knife as defined in paragraph (1) of subsection (a) of this
13    Section.
14        (2) The provision of paragraph (1) of subsection (a) of
15    this Section prohibiting the sale, manufacture, purchase,
16    possession, or carrying of any knife, commonly referred to
17    as a switchblade knife, which has a blade that opens
18    automatically by hand pressure applied to a button, spring
19    or other device in the handle of the knife, does not apply
20    to a person who possesses a currently valid Firearm Owner's
21    Identification Card previously issued in his or her name by
22    the Department of State Police or to a person or an entity
23    engaged in the business of selling or manufacturing
24    switchblade knives.
25(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 

 

 

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1    (720 ILCS 5/24-2)
2    Sec. 24-2. Exemptions.
3    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13), and 24-1(a)(14) and Section 24-1.6 do not apply to
5or affect any of the following:
6        (1) Peace officers, and any person summoned by a peace
7    officer to assist in making arrests or preserving the
8    peace, while actually engaged in assisting such officer.
9        (2) Wardens, superintendents and keepers of prisons,
10    penitentiaries, jails and other institutions for the
11    detention of persons accused or convicted of an offense,
12    while in the performance of their official duty, or while
13    commuting between their homes and places of employment.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard or the
16    Reserve Officers Training Corps, while in the performance
17    of their official duty.
18        (4) Special agents employed by a railroad or a public
19    utility to perform police functions, and guards of armored
20    car companies, while actually engaged in the performance of
21    the duties of their employment or commuting between their
22    homes and places of employment; and watchmen while actually
23    engaged in the performance of the duties of their
24    employment.
25        (5) Persons licensed as private security contractors,
26    private detectives, or private alarm contractors, or

 

 

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

 

 

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1    she is in possession of a concealable weapon permitted by
2    his or her firearm control card.
3        (6) Any person regularly employed in a commercial or
4    industrial operation as a security guard for the protection
5    of persons employed and private property related to such
6    commercial or industrial operation, while actually engaged
7    in the performance of his or her duty or traveling between
8    sites or properties belonging to the employer, and who, as
9    a security guard, is a member of a security force
10    registered with the Department of Financial and
11    Professional Regulation; provided that such security guard
12    has successfully completed a course of study, approved by
13    and supervised by the Department of Financial and
14    Professional Regulation, consisting of not less than 40
15    hours of training that includes the theory of law
16    enforcement, liability for acts, and the handling of
17    weapons. A person shall be considered eligible for this
18    exemption if he or she has completed the required 20 hours
19    of training for a security officer and 20 hours of required
20    firearm training, and has been issued a firearm control
21    card by the Department of Financial and Professional
22    Regulation. Conditions for the renewal of firearm control
23    cards issued under the provisions of this Section shall be
24    the same as for those cards issued under the provisions of
25    the Private Detective, Private Alarm, Private Security,
26    Fingerprint Vendor, and Locksmith Act of 2004. The firearm

 

 

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1    control card shall be carried by the security guard at all
2    times when he or she is in possession of a concealable
3    weapon permitted by his or her firearm control card.
4        (7) Agents and investigators of the Illinois
5    Legislative Investigating Commission authorized by the
6    Commission to carry the weapons specified in subsections
7    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8    any investigation for the Commission.
9        (8) Persons employed by a financial institution as a
10    security guard for the protection of other employees and
11    property related to such financial institution, while
12    actually engaged in the performance of their duties,
13    commuting between their homes and places of employment, or
14    traveling between sites or properties owned or operated by
15    such financial institution, and who, as a security guard,
16    is a member of a security force registered with the
17    Department; provided that any person so employed has
18    successfully completed a course of study, approved by and
19    supervised by the Department of Financial and Professional
20    Regulation, consisting of not less than 40 hours of
21    training which includes theory of law enforcement,
22    liability for acts, and the handling of weapons. A person
23    shall be considered to be eligible for this exemption if he
24    or she has completed the required 20 hours of training for
25    a security officer and 20 hours of required firearm
26    training, and has been issued a firearm control card by the

 

 

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1    Department of Financial and Professional Regulation.
2    Conditions for renewal of firearm control cards issued
3    under the provisions of this Section shall be the same as
4    for those issued under the provisions of the Private
5    Detective, Private Alarm, Private Security, Fingerprint
6    Vendor, and Locksmith Act of 2004. The firearm control card
7    shall be carried by the security guard at all times when he
8    or she is in possession of a concealable weapon permitted
9    by his or her firearm control card. For purposes of this
10    subsection, "financial institution" means a bank, savings
11    and loan association, credit union or company providing
12    armored car services.
13        (9) Any person employed by an armored car company to
14    drive an armored car, while actually engaged in the
15    performance of his duties.
16        (10) Persons who have been classified as peace officers
17    pursuant to the Peace Officer Fire Investigation Act.
18        (11) Investigators of the Office of the State's
19    Attorneys Appellate Prosecutor authorized by the board of
20    governors of the Office of the State's Attorneys Appellate
21    Prosecutor to carry weapons pursuant to Section 7.06 of the
22    State's Attorneys Appellate Prosecutor's Act.
23        (12) Special investigators appointed by a State's
24    Attorney under Section 3-9005 of the Counties Code.
25        (12.5) Probation officers while in the performance of
26    their duties, or while commuting between their homes,

 

 

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1    places of employment or specific locations that are part of
2    their assigned duties, with the consent of the chief judge
3    of the circuit for which they are employed, if they have
4    received weapons training according to requirements of the
5    Peace Officer and Probation Officer Firearm Training Act.
6        (13) Court Security Officers while in the performance
7    of their official duties, or while commuting between their
8    homes and places of employment, with the consent of the
9    Sheriff.
10        (13.5) A person employed as an armed security guard at
11    a nuclear energy, storage, weapons or development site or
12    facility regulated by the Nuclear Regulatory Commission
13    who has completed the background screening and training
14    mandated by the rules and regulations of the Nuclear
15    Regulatory Commission.
16        (14) Manufacture, transportation, or sale of weapons
17    to persons authorized under subdivisions (1) through
18    (13.5) of this subsection to possess those weapons.
19    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
20to or affect any person carrying a concealed pistol, revolver,
21or handgun and the person has been issued a currently valid
22license under the Firearm Concealed Carry Act at the time of
23the commission of the offense.
24    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any of the following:
26        (1) Members of any club or organization organized for

 

 

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1    the purpose of practicing shooting at targets upon
2    established target ranges, whether public or private, and
3    patrons of such ranges, while such members or patrons are
4    using their firearms on those target ranges.
5        (2) Duly authorized military or civil organizations
6    while parading, with the special permission of the
7    Governor.
8        (3) Hunters, trappers or fishermen with a license or
9    permit while engaged in hunting, trapping or fishing.
10        (4) Transportation of weapons that are broken down in a
11    non-functioning state or are not immediately accessible.
12        (5) Carrying or possessing any pistol, revolver, stun
13    gun or taser or other firearm on the land or in the legal
14    dwelling of another person as an invitee with that person's
15    permission.
16    (c) Subsection 24-1(a)(7) does not apply to or affect any
17of the following:
18        (1) Peace officers while in performance of their
19    official duties.
20        (2) Wardens, superintendents and keepers of prisons,
21    penitentiaries, jails and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (3) 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        (4) Manufacture, transportation, or sale of machine

 

 

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1    guns to persons authorized under subdivisions (1) through
2    (3) of this subsection to possess machine guns, if the
3    machine guns are broken down in a non-functioning state or
4    are not immediately accessible.
5        (5) Persons licensed under federal law to manufacture
6    any weapon from which 8 or more shots or bullets can be
7    discharged by a single function of the firing device, or
8    ammunition for such weapons, and actually engaged in the
9    business of manufacturing such weapons or ammunition, but
10    only with respect to activities which are within the lawful
11    scope of such business, such as the manufacture,
12    transportation, or testing of such weapons or ammunition.
13    This exemption does not authorize the general private
14    possession of any weapon from which 8 or more shots or
15    bullets can be discharged by a single function of the
16    firing device, but only such possession and activities as
17    are within the lawful scope of a licensed manufacturing
18    business described in this paragraph.
19        During transportation, such weapons shall be broken
20    down in a non-functioning state or not immediately
21    accessible.
22        (6) The manufacture, transport, testing, delivery,
23    transfer or sale, and all lawful commercial or experimental
24    activities necessary thereto, of rifles, shotguns, and
25    weapons made from rifles or shotguns, or ammunition for
26    such rifles, shotguns or weapons, where engaged in by a

 

 

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1    person operating as a contractor or subcontractor pursuant
2    to a contract or subcontract for the development and supply
3    of such rifles, shotguns, weapons or ammunition to the
4    United States government or any branch of the Armed Forces
5    of the United States, when such activities are necessary
6    and incident to fulfilling the terms of such contract.
7        The exemption granted under this subdivision (c)(6)
8    shall also apply to any authorized agent of any such
9    contractor or subcontractor who is operating within the
10    scope of his employment, where such activities involving
11    such weapon, weapons or ammunition are necessary and
12    incident to fulfilling the terms of such contract.
13        (7) A person possessing a rifle with a barrel or
14    barrels less than 16 inches in length if: (A) the person
15    has been issued a Curios and Relics license from the U.S.
16    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
17    the person is an active member of a bona fide, nationally
18    recognized military re-enacting group and the modification
19    is required and necessary to accurately portray the weapon
20    for historical re-enactment purposes; the re-enactor is in
21    possession of a valid and current re-enacting group
22    membership credential; and the overall length of the weapon
23    as modified is not less than 26 inches.
24    (d) Subsection 24-1(a)(1) does not apply to the purchase,
25possession or carrying of a black-jack or slung-shot by a peace
26officer.

 

 

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1    (e) Subsection 24-1(a)(8) does not apply to any owner,
2manager or authorized employee of any place specified in that
3subsection nor to any law enforcement officer.
4    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
5Section 24-1.6 do not apply to members of any club or
6organization organized for the purpose of practicing shooting
7at targets upon established target ranges, whether public or
8private, while using their firearms on those target ranges.
9    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
10to:
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 of
22    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
3persons licensed under federal law to manufacture any device or
4attachment of any kind designed, used, or intended for use in
5silencing the report of any firearm, firearms, or ammunition
6for those firearms equipped with those devices, and actually
7engaged in the business of manufacturing those devices,
8firearms, or ammunition, but only with respect to activities
9that are within the lawful scope of that business, such as the
10manufacture, transportation, or testing of those devices,
11firearms, or ammunition. This exemption does not authorize the
12general private possession of any device or attachment of any
13kind designed, used, or intended for use in silencing the
14report of any firearm, but only such possession and activities
15as are within the lawful scope of a licensed manufacturing
16business described in this subsection (g-5). During
17transportation, these devices shall be detached from any weapon
18or not immediately accessible.
19    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any parole agent or parole
21supervisor who meets the qualifications and conditions
22prescribed in Section 3-14-1.5 of the Unified Code of
23Corrections.
24    (g-7) Subsection 24-1(a)(6) does not apply to a peace
25officer while serving as a member of a tactical response team
26or special operations team. A peace officer may not personally

 

 

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1own or apply for ownership of a device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm. These devices shall be owned and
4maintained by lawfully recognized units of government whose
5duties include the investigation of criminal acts.
6    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016 Olympic
16and Paralympic Games.
17    (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any exemptions
19contained in this Article. The defendant shall have the burden
20of proving such an exemption.
21    (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm consigned
24to a common carrier operating under license of the State of
25Illinois or the federal government, where such transportation,
26carrying, or possession is incident to the lawful

 

 

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1transportation in which such common carrier is engaged; and
2nothing in this Article shall prohibit, apply to, or affect the
3transportation, carrying, or possession of any pistol,
4revolver, stun gun, taser, or other firearm, not the subject of
5and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6this Article, which is unloaded and enclosed in a case, firearm
7carrying box, shipping box, or other container, by the
8possessor of a valid Firearm Owners Identification Card.
9(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)