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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Sections 24-1 and 24-2 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful use of weapons.
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8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||
9 | when
he knowingly:
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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
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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
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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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
16 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
17 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
18 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
19 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
20 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
21 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
22 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
23 | of not less than 3 years and not more than 7 years, unless the | ||||||
24 | weapon is possessed in the
passenger compartment of a motor | ||||||
25 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
26 | Code, or on the person, while the weapon is loaded, in which
|
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| |||||||
1 | case it shall be a Class X felony. A person convicted of a
| ||||||
2 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
3 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
4 | felony. A person convicted of subsection 24-1(a)(14) commits a | ||||||
5 | Class 2 felony. The possession of each weapon or device in | ||||||
6 | violation of this Section constitutes a single and separate | ||||||
7 | violation.
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
24 | omnibus of any
weapon, instrument or substance referred to in | ||||||
25 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
26 | possession of, and is being
carried by, all persons occupying |
| |||||||
| |||||||
1 | such automobile at the time such
weapon, instrument or | ||||||
2 | substance is found, except under the following
circumstances: | ||||||
3 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
4 | the person of one of the occupants therein; or (ii) if such
| ||||||
5 | weapon, instrument or substance is found in an automobile | ||||||
6 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
7 | and proper pursuit of
his trade, then such presumption shall | ||||||
8 | not 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.)
|
| |||||||
| |||||||
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 | ||||||
4 | 24-1(a)(13) , and 24-1(a)(14) and Section
24-1.6 do not apply to
| ||||||
5 | or 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 | ||||||
20 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
21 | or handgun and the person has been issued a currently valid | ||||||
22 | license under the Firearm Concealed Carry Act at the time of | ||||||
23 | the commission of the offense. | ||||||
24 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
25 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
26 | (1) Members of any club or organization organized for |
| |||||||
| |||||||
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 | ||||||
17 | of 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
25 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
26 | officer.
|
| |||||||
| |||||||
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 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 |
| |||||||
| |||||||
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 or | ||||||
4 | attachment of any kind designed,
used, or intended for use in | ||||||
5 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
6 | for those firearms equipped with those devices, and actually | ||||||
7 | engaged in the
business of manufacturing those devices, | ||||||
8 | firearms, or ammunition, but only with
respect to
activities | ||||||
9 | that are within the lawful scope of that business, such as the
| ||||||
10 | manufacture, transportation, or testing of those devices, | ||||||
11 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
12 | general private possession of any device or
attachment of any | ||||||
13 | kind designed, used, or intended for use in silencing the
| ||||||
14 | report of any firearm, but only such possession and activities | ||||||
15 | as are within
the
lawful scope of a licensed manufacturing | ||||||
16 | business described in this subsection
(g-5). During | ||||||
17 | transportation, these devices shall be detached from any weapon
| ||||||
18 | 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 |
| |||||||
| |||||||
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) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
7 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
8 | athlete's possession, transport on official Olympic and | ||||||
9 | Paralympic transit systems established for athletes, or use of | ||||||
10 | competition firearms sanctioned by the International Olympic | ||||||
11 | Committee, the International Paralympic Committee, the | ||||||
12 | International Shooting Sport Federation, or USA Shooting in | ||||||
13 | connection with such athlete's training for and participation | ||||||
14 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
15 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
16 | and Paralympic Games. | ||||||
17 | (h) An information or indictment based upon a violation of | ||||||
18 | any
subsection of this Article need not negative any exemptions | ||||||
19 | contained in
this Article. The defendant shall have the burden | ||||||
20 | of proving such an
exemption.
| ||||||
21 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
22 | affect
the transportation, carrying, or possession, of any | ||||||
23 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
24 | to a common carrier operating
under license of the State of | ||||||
25 | Illinois or the federal government, where
such transportation, | ||||||
26 | carrying, or possession is incident to the lawful
|
| |||||||
| |||||||
1 | transportation in which such common carrier is engaged; and | ||||||
2 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
3 | transportation, carrying,
or possession of any pistol, | ||||||
4 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
5 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
6 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
7 | carrying box, shipping box, or other container, by the | ||||||
8 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
9 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
|