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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Illinois Police Training Act is amended by | |||||||||||||||||||||
5 | changing Section 2 as follows:
| |||||||||||||||||||||
6 | (50 ILCS 705/2) (from Ch. 85, par. 502)
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7 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||||
8 | context otherwise
requires:
| |||||||||||||||||||||
9 | "Board" means the Illinois Law Enforcement Training | |||||||||||||||||||||
10 | Standards Board.
| |||||||||||||||||||||
11 | "Local governmental agency" means any local governmental | |||||||||||||||||||||
12 | unit or
municipal corporation in this State. It does not | |||||||||||||||||||||
13 | include the State of
Illinois or any office, officer, | |||||||||||||||||||||
14 | department, division, bureau, board,
commission, or agency of | |||||||||||||||||||||
15 | the State, except that it does include a
State-controlled | |||||||||||||||||||||
16 | university, college or public community college.
| |||||||||||||||||||||
17 | "Police training school" means any school located within | |||||||||||||||||||||
18 | the State of
Illinois whether privately or publicly owned which | |||||||||||||||||||||
19 | offers a course in
police or county corrections training and | |||||||||||||||||||||
20 | has been approved by the Board.
| |||||||||||||||||||||
21 | "Probationary police officer" means a recruit law | |||||||||||||||||||||
22 | enforcement officer
required to successfully complete initial | |||||||||||||||||||||
23 | minimum basic training requirements
at a police training school |
| |||||||
| |||||||
1 | to be eligible for permanent full-time
employment as a local | ||||||
2 | law enforcement officer.
| ||||||
3 | "Probationary part-time police officer" means a recruit | ||||||
4 | part-time law
enforcement officer required to successfully | ||||||
5 | complete initial minimum part-time
training requirements to be | ||||||
6 | eligible for employment on a part-time basis as a
local law | ||||||
7 | enforcement officer.
| ||||||
8 | "Permanent police officer" means a law enforcement officer | ||||||
9 | who has
completed his or her probationary period and is | ||||||
10 | permanently employed on a
full-time basis as a local law | ||||||
11 | enforcement officer by a participating local
governmental unit | ||||||
12 | or as a security officer or campus policeman permanently
| ||||||
13 | employed by a participating State-controlled university, | ||||||
14 | college, or public
community college.
| ||||||
15 | "Part-time police officer" means a law enforcement officer | ||||||
16 | who has
completed his or her probationary period and is | ||||||
17 | employed on a part-time basis
as a law enforcement officer by a | ||||||
18 | participating unit of local government or as
a campus policeman | ||||||
19 | by a participating State-controlled university, college, or
| ||||||
20 | public community college.
| ||||||
21 | "Law enforcement officer" means an employee of a | ||||||
22 | governmental agency who: | ||||||
23 | (1) is authorized by law to engage in or supervise the | ||||||
24 | prevention, detection, investigation, or prosecution of, | ||||||
25 | or the incarceration of any person for any violation of law | ||||||
26 | and has statutory powers of arrest or apprehension granted |
| |||||||
| |||||||
1 | by statute; | ||||||
2 | (2) is authorized by the agency to carry a firearm; | ||||||
3 | (3) is not the subject of any disciplinary action by | ||||||
4 | the agency which could result in suspension or loss of | ||||||
5 | police powers; | ||||||
6 | (4) meets standards, if any, established by the agency | ||||||
7 | which require the employee to regularly qualify in the use | ||||||
8 | of a firearm; | ||||||
9 | (5) is not under the influence of alcohol or another | ||||||
10 | intoxicating or hallucinatory drug or substance; and | ||||||
11 | (6) is not prohibited by federal law from carrying a | ||||||
12 | firearm. (i) any police officer of a local governmental
| ||||||
13 | agency who is primarily responsible for
prevention or | ||||||
14 | detection of crime and the enforcement of the criminal | ||||||
15 | code,
traffic, or highway laws of this State or any | ||||||
16 | political subdivision
of this State or (ii) any member of a | ||||||
17 | police force appointed and maintained as provided in | ||||||
18 | Section 2 of the Railroad Police Act.
| ||||||
19 | "Recruit" means any full-time or part-time law
enforcement | ||||||
20 | officer or
full-time
county corrections officer who is enrolled | ||||||
21 | in an
approved training course.
| ||||||
22 | "Retired law enforcement officer qualified under federal | ||||||
23 | law" means an individual who: | ||||||
24 | (1) separated in good standing from service with a | ||||||
25 | public agency as a law enforcement officer, other than for | ||||||
26 | reasons of mental disability; |
| |||||||
| |||||||
1 | (2) before such separation, was authorized by law to | ||||||
2 | engage in or supervise the prevention, detection, | ||||||
3 | investigation, or prosecution of, or the incarceration of | ||||||
4 | any person for, any violation of law, and had statutory | ||||||
5 | powers of arrest or apprehension granted by statute; | ||||||
6 | (3) served as a law enforcement officer for an | ||||||
7 | aggregate of 10 years or more before his or her separation | ||||||
8 | in good standing from service with his or her agency, or | ||||||
9 | separated from service in good standing, after completing | ||||||
10 | any applicable probationary period of service, due to a | ||||||
11 | service-connected disability as determined by the agency; | ||||||
12 | (4) has met State firearms training and qualifications | ||||||
13 | that are the same as the training and qualifications for | ||||||
14 | active duty officers; | ||||||
15 | (5) is not under the influence of alcohol or another | ||||||
16 | intoxicating or hallucinatory drug or substance; and | ||||||
17 | (6) is not prohibited by federal law from carrying a | ||||||
18 | firearm. | ||||||
19 | "Probationary county corrections officer" means a recruit | ||||||
20 | county
corrections officer required to successfully complete | ||||||
21 | initial minimum basic
training requirements at a police | ||||||
22 | training school to be eligible for permanent
employment on a | ||||||
23 | full-time basis as a county corrections officer.
| ||||||
24 | "Permanent county corrections officer" means a county | ||||||
25 | corrections
officer who has completed his probationary period | ||||||
26 | and is permanently employed
on a full-time basis as a county |
| |||||||
| |||||||
1 | corrections officer by a participating
local governmental | ||||||
2 | unit.
| ||||||
3 | "County corrections officer" means any sworn
officer of the | ||||||
4 | sheriff who is primarily responsible for the control and | ||||||
5 | custody
of offenders, detainees or inmates.
| ||||||
6 | "Probationary court security officer" means a recruit | ||||||
7 | court security
officer required to successfully complete | ||||||
8 | initial minimum basic training
requirements at a designated | ||||||
9 | training school to be eligible for employment as a
court | ||||||
10 | security officer.
| ||||||
11 | "Permanent court security officer" means a court security | ||||||
12 | officer who has
completed his or her probationary period and is | ||||||
13 | employed as a court
security officer by a participating local | ||||||
14 | governmental unit.
| ||||||
15 | "Court security officer" has the meaning ascribed to it in | ||||||
16 | Section 3-6012.1
of the Counties Code.
| ||||||
17 | (Source: P.A. 94-846, eff. 1-1-07.)
| ||||||
18 | Section 10. The Criminal Code of 2012 is amended by | ||||||
19 | changing Section 24-2 as follows:
| ||||||
20 | (720 ILCS 5/24-2)
| ||||||
21 | Sec. 24-2. Exemptions.
| ||||||
22 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
23 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
24 | the following:
|
| |||||||
| |||||||
1 | (1) Peace officers, and any person summoned by a peace | ||||||
2 | officer to
assist in making arrests or preserving the | ||||||
3 | peace, while actually engaged in
assisting such officer.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
5 | penitentiaries, jails and other institutions for the | ||||||
6 | detention of persons
accused or convicted of an offense, | ||||||
7 | while in the performance of their
official duty, or while | ||||||
8 | commuting between their homes and places of employment.
| ||||||
9 | (3) Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States
or the Illinois National Guard or the | ||||||
11 | Reserve Officers Training Corps,
while in the performance | ||||||
12 | of their official duty.
| ||||||
13 | (4) Special agents employed by a railroad or a public | ||||||
14 | utility to
perform police functions, and guards of armored | ||||||
15 | car companies, while
actually engaged in the performance of | ||||||
16 | the duties of their employment or
commuting between their | ||||||
17 | homes and places of employment; and watchmen
while actually | ||||||
18 | engaged in the performance of the duties of their | ||||||
19 | employment.
| ||||||
20 | (5) Persons licensed as private security contractors, | ||||||
21 | private
detectives, or private alarm contractors, or | ||||||
22 | employed by a private security contractor, private | ||||||
23 | detective, or private alarm contractor agency licensed
by | ||||||
24 | the Department of Financial and Professional Regulation, | ||||||
25 | if their duties
include the carrying of a weapon under the | ||||||
26 | provisions of the Private
Detective, Private Alarm,
|
| |||||||
| |||||||
1 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
2 | 2004,
while actually
engaged in the performance of the | ||||||
3 | duties of their employment or commuting
between their homes | ||||||
4 | and places of employment. A person shall be considered | ||||||
5 | eligible for this
exemption if he or she has completed the | ||||||
6 | required 20
hours of training for a private security | ||||||
7 | contractor, private
detective, or private alarm | ||||||
8 | contractor, or employee of a licensed private security | ||||||
9 | contractor, private detective, or private alarm contractor | ||||||
10 | agency and 20 hours of required firearm
training, and has | ||||||
11 | been issued a firearm control card by
the Department of | ||||||
12 | Financial and Professional Regulation. Conditions for the | ||||||
13 | renewal of
firearm control cards issued under the | ||||||
14 | provisions of this Section
shall be the same as for those | ||||||
15 | cards issued under the provisions of the
Private Detective, | ||||||
16 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
17 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
18 | carried by the private security contractor, private
| ||||||
19 | detective, or private alarm contractor, or employee of the | ||||||
20 | licensed private security contractor, private detective, | ||||||
21 | or private alarm contractor agency at all
times when he or | ||||||
22 | she is in possession of a concealable weapon permitted by | ||||||
23 | his or her firearm control card.
| ||||||
24 | (6) Any person regularly employed in a commercial or | ||||||
25 | industrial
operation as a security guard for the protection | ||||||
26 | of persons employed
and private property related to such |
| |||||||
| |||||||
1 | commercial or industrial
operation, while actually engaged | ||||||
2 | in the performance of his or her
duty or traveling between | ||||||
3 | sites or properties belonging to the
employer, and who, as | ||||||
4 | a security guard, is a member of a security force | ||||||
5 | registered with the Department of Financial and | ||||||
6 | Professional
Regulation; provided that such security guard | ||||||
7 | has successfully completed a
course of study, approved by | ||||||
8 | and supervised by the Department of
Financial and | ||||||
9 | Professional Regulation, consisting of not less than 40 | ||||||
10 | hours of training
that includes the theory of law | ||||||
11 | enforcement, liability for acts, and the
handling of | ||||||
12 | weapons. A person shall be considered eligible for this
| ||||||
13 | exemption if he or she has completed the required 20
hours | ||||||
14 | of training for a security officer and 20 hours of required | ||||||
15 | firearm
training, and has been issued a firearm control | ||||||
16 | card by
the Department of Financial and Professional | ||||||
17 | Regulation. Conditions for the renewal of
firearm control | ||||||
18 | cards issued under the provisions of this Section
shall be | ||||||
19 | the same as for those cards issued under the provisions of | ||||||
20 | the
Private Detective, Private Alarm,
Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
22 | control card shall be carried by the security guard at all
| ||||||
23 | times when he or she is in possession of a concealable | ||||||
24 | weapon permitted by his or her firearm control card.
| ||||||
25 | (7) Agents and investigators of the Illinois | ||||||
26 | Legislative Investigating
Commission authorized by the |
| |||||||
| |||||||
1 | Commission to carry the weapons specified in
subsections | ||||||
2 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
3 | any investigation for the Commission.
| ||||||
4 | (8) Persons employed by a financial institution as a | ||||||
5 | security guard for the protection of
other employees and | ||||||
6 | property related to such financial institution, while
| ||||||
7 | actually engaged in the performance of their duties, | ||||||
8 | commuting between
their homes and places of employment, or | ||||||
9 | traveling between sites or
properties owned or operated by | ||||||
10 | such financial institution, and who, as a security guard, | ||||||
11 | is a member of a security force registered with the | ||||||
12 | Department; provided that
any person so employed has | ||||||
13 | successfully completed a course of study,
approved by and | ||||||
14 | supervised by the Department of Financial and Professional | ||||||
15 | Regulation,
consisting of not less than 40 hours of | ||||||
16 | training which includes theory of
law enforcement, | ||||||
17 | liability for acts, and the handling of weapons.
A person | ||||||
18 | shall be considered to be eligible for this exemption if he | ||||||
19 | or
she has completed the required 20 hours of training for | ||||||
20 | a security officer
and 20 hours of required firearm | ||||||
21 | training, and has been issued a
firearm control card by the | ||||||
22 | Department of Financial and Professional Regulation.
| ||||||
23 | Conditions for renewal of firearm control cards issued | ||||||
24 | under the
provisions of this Section shall be the same as | ||||||
25 | for those issued under the
provisions of the Private | ||||||
26 | Detective, Private Alarm,
Private Security, Fingerprint |
| |||||||
| |||||||
1 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
2 | shall be carried by the security guard at all times when he | ||||||
3 | or she is in possession of a concealable
weapon permitted | ||||||
4 | by his or her firearm control card. For purposes of this | ||||||
5 | subsection, "financial institution" means a
bank, savings | ||||||
6 | and loan association, credit union or company providing
| ||||||
7 | armored car services.
| ||||||
8 | (9) Any person employed by an armored car company to | ||||||
9 | drive an armored
car, while actually engaged in the | ||||||
10 | performance of his duties.
| ||||||
11 | (10) Persons who have been classified as peace officers | ||||||
12 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
13 | (11) Investigators of the Office of the State's | ||||||
14 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
15 | governors of the Office of the
State's Attorneys Appellate | ||||||
16 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
17 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
18 | (12) Special investigators appointed by a State's | ||||||
19 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
20 | (12.5) Probation officers while in the performance of | ||||||
21 | their duties, or
while commuting between their homes, | ||||||
22 | places of employment or specific locations
that are part of | ||||||
23 | their assigned duties, with the consent of the chief judge | ||||||
24 | of
the circuit for which they are employed, if they have | ||||||
25 | received weapons training according
to requirements of the | ||||||
26 | Peace Officer and Probation Officer Firearm Training Act.
|
| |||||||
| |||||||
1 | (13) Court Security Officers while in the performance | ||||||
2 | of their official
duties, or while commuting between their | ||||||
3 | homes and places of employment, with
the
consent of the | ||||||
4 | Sheriff.
| ||||||
5 | (13.5) A person employed as an armed security guard at | ||||||
6 | a nuclear energy,
storage, weapons or development site or | ||||||
7 | facility regulated by the Nuclear
Regulatory Commission | ||||||
8 | who has completed the background screening and training
| ||||||
9 | mandated by the rules and regulations of the Nuclear | ||||||
10 | Regulatory Commission.
| ||||||
11 | (14) Manufacture, transportation, or sale of weapons | ||||||
12 | to
persons
authorized under subdivisions (1) through | ||||||
13 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
14 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
15 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
16 | or handgun and the person has been issued a currently valid | ||||||
17 | license under the Firearm Concealed Carry Act at the time of | ||||||
18 | the commission of the offense. | ||||||
19 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
20 | to
or affect a qualified current or retired law enforcement | ||||||
21 | officer qualified under the laws of this State or under the | ||||||
22 | federal Law Enforcement Officers Safety Act. | ||||||
23 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
24 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
25 | (1) Members of any club or organization organized for | ||||||
26 | the purpose of
practicing shooting at targets upon |
| |||||||
| |||||||
1 | established target ranges, whether
public or private, and | ||||||
2 | patrons of such ranges, while such members
or patrons are | ||||||
3 | using their firearms on those target ranges.
| ||||||
4 | (2) Duly authorized military or civil organizations | ||||||
5 | while parading,
with the special permission of the | ||||||
6 | Governor.
| ||||||
7 | (3) Hunters, trappers or fishermen with a license or
| ||||||
8 | permit while engaged in hunting,
trapping or fishing.
| ||||||
9 | (4) Transportation of weapons that are broken down in a
| ||||||
10 | non-functioning state or are not immediately accessible.
| ||||||
11 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
12 | gun or taser or other firearm on the land or in the legal | ||||||
13 | dwelling of another person as an invitee with that person's | ||||||
14 | permission. | ||||||
15 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
16 | of the
following:
| ||||||
17 | (1) Peace officers while in performance of their | ||||||
18 | official duties.
| ||||||
19 | (2) Wardens, superintendents and keepers of prisons, | ||||||
20 | penitentiaries,
jails and other institutions for the | ||||||
21 | detention of persons accused or
convicted of an offense.
| ||||||
22 | (3) Members of the Armed Services or Reserve Forces of | ||||||
23 | the United States
or the Illinois National Guard, while in | ||||||
24 | the performance of their official
duty.
| ||||||
25 | (4) Manufacture, transportation, or sale of machine | ||||||
26 | guns to persons
authorized under subdivisions (1) through |
| |||||||
| |||||||
1 | (3) of this subsection to
possess machine guns, if the | ||||||
2 | machine guns are broken down in a
non-functioning state or | ||||||
3 | are not immediately accessible.
| ||||||
4 | (5) Persons licensed under federal law to manufacture | ||||||
5 | any weapon from
which 8 or more shots or bullets can be | ||||||
6 | discharged by a
single function of the firing device, or | ||||||
7 | ammunition for such weapons, and
actually engaged in the | ||||||
8 | business of manufacturing such weapons or
ammunition, but | ||||||
9 | only with respect to activities which are within the lawful
| ||||||
10 | scope of such business, such as the manufacture, | ||||||
11 | transportation, or testing
of such weapons or ammunition. | ||||||
12 | This exemption does not authorize the
general private | ||||||
13 | possession of any weapon from which 8 or more
shots or | ||||||
14 | bullets can be discharged by a single function of the | ||||||
15 | firing
device, but only such possession and activities as | ||||||
16 | are within the lawful
scope of a licensed manufacturing | ||||||
17 | business described in this paragraph.
| ||||||
18 | During transportation, such weapons shall be broken | ||||||
19 | down in a
non-functioning state or not immediately | ||||||
20 | accessible.
| ||||||
21 | (6) The manufacture, transport, testing, delivery, | ||||||
22 | transfer or sale,
and all lawful commercial or experimental | ||||||
23 | activities necessary thereto, of
rifles, shotguns, and | ||||||
24 | weapons made from rifles or shotguns,
or ammunition for | ||||||
25 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
26 | person operating as a contractor or subcontractor pursuant |
| |||||||
| |||||||
1 | to a
contract or subcontract for the development and supply | ||||||
2 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
3 | United States government or any
branch of the Armed Forces | ||||||
4 | of the United States, when such activities are
necessary | ||||||
5 | and incident to fulfilling the terms of such contract.
| ||||||
6 | The exemption granted under this subdivision (c)(6)
| ||||||
7 | shall also apply to any authorized agent of any such | ||||||
8 | contractor or
subcontractor who is operating within the | ||||||
9 | scope of his employment, where
such activities involving | ||||||
10 | such weapon, weapons or ammunition are necessary
and | ||||||
11 | incident to fulfilling the terms of such contract.
| ||||||
12 | (7) A person possessing a rifle with a barrel or | ||||||
13 | barrels less than 16 inches in length if: (A) the person | ||||||
14 | has been issued a Curios and Relics license from the U.S. | ||||||
15 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
16 | the person is an active member of a bona fide, nationally | ||||||
17 | recognized military re-enacting group and the modification | ||||||
18 | is required and necessary to accurately portray the weapon | ||||||
19 | for historical re-enactment purposes; the re-enactor is in | ||||||
20 | possession of a valid and current re-enacting group | ||||||
21 | membership credential; and the overall length of the weapon | ||||||
22 | as modified is not less than 26 inches. | ||||||
23 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
24 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
25 | officer.
| ||||||
26 | (e) Subsection 24-1(a)(8) does not apply to any owner, |
| |||||||
| |||||||
1 | manager or
authorized employee of any place specified in that | ||||||
2 | subsection nor to any
law enforcement officer.
| ||||||
3 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
4 | Section 24-1.6
do not apply
to members of any club or | ||||||
5 | organization organized for the purpose of practicing
shooting | ||||||
6 | at targets upon established target ranges, whether public or | ||||||
7 | private,
while using their firearms on those target ranges.
| ||||||
8 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
9 | to:
| ||||||
10 | (1) Members of the Armed Services or Reserve Forces of | ||||||
11 | the United
States or the Illinois National Guard, while in | ||||||
12 | the performance of their
official duty.
| ||||||
13 | (2) Bonafide collectors of antique or surplus military | ||||||
14 | ordnance.
| ||||||
15 | (3) Laboratories having a department of forensic | ||||||
16 | ballistics, or
specializing in the development of | ||||||
17 | ammunition or explosive ordnance.
| ||||||
18 | (4) Commerce, preparation, assembly or possession of | ||||||
19 | explosive
bullets by manufacturers of ammunition licensed | ||||||
20 | by the federal government,
in connection with the supply of | ||||||
21 | those organizations and persons exempted
by subdivision | ||||||
22 | (g)(1) of this Section, or like organizations and persons
| ||||||
23 | outside this State, or the transportation of explosive | ||||||
24 | bullets to any
organization or person exempted in this | ||||||
25 | Section by a common carrier or by a
vehicle owned or leased | ||||||
26 | by an exempted manufacturer.
|
| |||||||
| |||||||
1 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
2 | persons licensed
under federal law to manufacture any device or | ||||||
3 | attachment of any kind designed,
used, or intended for use in | ||||||
4 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
5 | for those firearms equipped with those devices, and actually | ||||||
6 | engaged in the
business of manufacturing those devices, | ||||||
7 | firearms, or ammunition, but only with
respect to
activities | ||||||
8 | that are within the lawful scope of that business, such as the
| ||||||
9 | manufacture, transportation, or testing of those devices, | ||||||
10 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
11 | general private possession of any device or
attachment of any | ||||||
12 | kind designed, used, or intended for use in silencing the
| ||||||
13 | report of any firearm, but only such possession and activities | ||||||
14 | as are within
the
lawful scope of a licensed manufacturing | ||||||
15 | business described in this subsection
(g-5). During | ||||||
16 | transportation, these devices shall be detached from any weapon
| ||||||
17 | or
not immediately accessible.
| ||||||
18 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
19 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
20 | supervisor who meets the qualifications and conditions | ||||||
21 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
22 | Corrections. | ||||||
23 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
24 | officer while serving as a member of a tactical response team | ||||||
25 | or special operations team. A peace officer may not personally | ||||||
26 | own or apply for ownership of a device or attachment of any |
| |||||||
| |||||||
1 | kind designed, used, or intended for use in silencing the | ||||||
2 | report of any firearm. These devices shall be owned and | ||||||
3 | maintained by lawfully recognized units of government whose | ||||||
4 | duties include the investigation of criminal acts. | ||||||
5 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
6 | 24-1.6 do not apply to or affect an employed or
qualified | ||||||
7 | retired State correctional officer who meets the
| ||||||
8 | qualifications and conditions prescribed in this subsection | ||||||
9 | (g-8). | ||||||
10 | (1) In this subsection (g-8): | ||||||
11 | "State correctional
officer" means an employee of the | ||||||
12 | Department of Corrections who has custody and control over | ||||||
13 | inmates in an adult correctional facility. | ||||||
14 | "Qualified retired State correctional officer" means a | ||||||
15 | former State correctional officer who: | ||||||
16 | (A) was separated from service with the Department | ||||||
17 | of Corrections in good standing; | ||||||
18 | (B) before the separation, was authorized by law to | ||||||
19 | engage in or supervise the activities of prevention, | ||||||
20 | detection, investigation, prosecution, or | ||||||
21 | incarceration of any person for any violation of law; | ||||||
22 | (C) before the separation, served as a State | ||||||
23 | correctional officer for an aggregate of 10 years or | ||||||
24 | more; | ||||||
25 | (D) has not either: | ||||||
26 | (i) been officially found, as the Department |
| |||||||
| |||||||
1 | shall by rule provide, by a qualified medical | ||||||
2 | professional employed by the Department of | ||||||
3 | Corrections to be unqualified for reasons relating | ||||||
4 | to mental health and as a result of this finding | ||||||
5 | will not be issued the photographic identification | ||||||
6 | as described in subparagraph (E) of paragraph (2); | ||||||
7 | or | ||||||
8 | (ii) entered into an agreement with the | ||||||
9 | Department of Corrections in which that individual | ||||||
10 | acknowledges he or she is not qualified under this | ||||||
11 | Section for reasons relating to mental health and | ||||||
12 | for those reasons will not receive or accept the | ||||||
13 | photographic identification as described in | ||||||
14 | subparagraph (E) of paragraph (2); | ||||||
15 | (E) is not under the influence of alcohol or any | ||||||
16 | other intoxicating or hallucinatory drug or substance; | ||||||
17 | and | ||||||
18 | (F) is not prohibited by State or federal law from | ||||||
19 | owning or possessing a firearm. | ||||||
20 | (2)(A) The employed or qualified retired State
| ||||||
21 | correctional officer must receive training in the use of | ||||||
22 | firearms while off-duty conducted by the Illinois Law
| ||||||
23 | Enforcement Training Standards Board and be certified as
| ||||||
24 | having successfully completed the training by the Board.
| ||||||
25 | The Board shall determine the amount of the training and
| ||||||
26 | the course content for the training. The
employed or |
| |||||||
| |||||||
1 | qualified retired State correctional officer shall
| ||||||
2 | requalify for the firearms training annually at a State | ||||||
3 | range certified by the Illinois Law Enforcement Training
| ||||||
4 | Standards Board. The expenses of the retraining shall be
| ||||||
5 | paid by the employed or qualified retired State
| ||||||
6 | correctional officer and moneys for the costs of the
| ||||||
7 | requalification shall be expended at the request of the
| ||||||
8 | Illinois Law Enforcement Training Standards Board. | ||||||
9 | (B) The employed or qualified retired State
| ||||||
10 | correctional officer shall purchase the firearm at his or
| ||||||
11 | her own expense and shall register the firearm with the
| ||||||
12 | Department of State Police and with any local law | ||||||
13 | enforcement agencies that require the
registration. | ||||||
14 | (C) The employed or qualified retired State
| ||||||
15 | correctional officer may not carry any Department
of | ||||||
16 | Corrections State-issued firearm while off-duty. A person | ||||||
17 | who violates
this subparagraph (C) is subject to | ||||||
18 | disciplinary action by the
Department of Corrections. | ||||||
19 | (D) State correctional officers who are or were
| ||||||
20 | discharged from employment by the Department of
| ||||||
21 | Corrections are not law enforcement officials after the | ||||||
22 | date of discharge. | ||||||
23 | (E) The employed or qualified retired State | ||||||
24 | correctional officer shall carry photographic | ||||||
25 | identification issued by the Department of Corrections | ||||||
26 | identifying him or her as an employed or qualified retired |
| |||||||
| |||||||
1 | State correctional officer while carrying a firearm | ||||||
2 | off-duty, along with a valid annual firearm certificate | ||||||
3 | issued by the Illinois Law Enforcement Training Standards | ||||||
4 | Board stating that he or she is qualified to carry a | ||||||
5 | concealed weapon. | ||||||
6 | (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
7 | 24-1.6 do not apply to or affect an employed or
qualified | ||||||
8 | retired county correctional officer who meets the
| ||||||
9 | qualifications and conditions prescribed in this subsection | ||||||
10 | (g-9). | ||||||
11 | (1) In this subsection (g-9): | ||||||
12 | "County correctional officer" means an employee of a | ||||||
13 | county sheriff's office within this State who has custody | ||||||
14 | and control over adult inmates in a county jail. | ||||||
15 | "Qualified retired county correctional officer" means | ||||||
16 | a former county correctional officer who: | ||||||
17 | (A) was separated from service with the county | ||||||
18 | sheriff's office in good standing; | ||||||
19 | (B) before the separation, was authorized by law to | ||||||
20 | engage in or supervise the activities of prevention, | ||||||
21 | detection, investigation, prosecution, or | ||||||
22 | incarceration of any person for any violation of law; | ||||||
23 | (C) before the separation, served as a county | ||||||
24 | correctional officer for an aggregate of 10 years or | ||||||
25 | more; | ||||||
26 | (D) has not either: |
| |||||||
| |||||||
1 | (i) been officially found, as the county | ||||||
2 | sheriff shall by rule provide, by a qualified | ||||||
3 | medical professional employed by the county | ||||||
4 | sheriff to be unqualified for reasons relating to | ||||||
5 | mental health and as a result of this finding will | ||||||
6 | not be issued the photographic identification as | ||||||
7 | described in subparagraph (E) of paragraph (2); or | ||||||
8 | (ii) entered into an agreement with the county | ||||||
9 | sheriff's office from which the individual is | ||||||
10 | separated form service in which that individual | ||||||
11 | acknowledges he or she is not qualified under this | ||||||
12 | Section for reasons relating to mental health and | ||||||
13 | for those reasons will not receive or accept the | ||||||
14 | photographic identification as described in | ||||||
15 | subparagraph (E) of paragraph (2); | ||||||
16 | (E) is not under the influence of alcohol or any | ||||||
17 | other intoxicating or hallucinatory drug or substance; | ||||||
18 | and | ||||||
19 | (F) is not prohibited by State or federal law from | ||||||
20 | receiving a firearm. | ||||||
21 | (2)(A) The employed or qualified retired county
| ||||||
22 | correctional officer must receive training in the use of
| ||||||
23 | firearms while off-duty conducted by the Illinois Law
| ||||||
24 | Enforcement Training Standards Board and be certified as
| ||||||
25 | having successfully completed the training by the Board.
| ||||||
26 | The Board shall determine the amount of the training and |
| |||||||
| |||||||
1 | the course content for the training. The employed or | ||||||
2 | qualified retired county correctional officer shall
| ||||||
3 | requalify for the firearms training annually at a State
| ||||||
4 | range certified by the Illinois Law Enforcement Training | ||||||
5 | Standards Board. The expenses of the retraining shall be
| ||||||
6 | paid by the employed or qualified retired county | ||||||
7 | correctional officer and moneys for the costs of the
| ||||||
8 | requalification shall be expended at the request of the | ||||||
9 | Illinois Law Enforcement Training Standards Board. | ||||||
10 | (B) The employed or qualified retired county | ||||||
11 | correctional officer shall purchase the firearm at his or | ||||||
12 | her own expense and shall register the firearm with the | ||||||
13 | Department of State Police and with any other local law | ||||||
14 | enforcement agencies that require the registration. | ||||||
15 | (C) The employed or qualified retired county | ||||||
16 | correctional officer may not carry any county | ||||||
17 | sheriff-issued firearm while off-duty. A person who
| ||||||
18 | violates this subparagraph (C) is subject to disciplinary
| ||||||
19 | action by the county sheriff. | ||||||
20 | (D) County correctional officers who are or were
| ||||||
21 | discharged from employment by the county sheriff shall no
| ||||||
22 | longer be considered law enforcement officials and all
| ||||||
23 | their rights as law enforcement officials shall be revoked
| ||||||
24 | permanently. | ||||||
25 | (E) The employed or qualified retired county | ||||||
26 | correctional officer shall carry a photographic |
| |||||||
| |||||||
1 | identification issued by his or her agency identifying him | ||||||
2 | or her as an employed or qualified retired county | ||||||
3 | correctional officer while carrying a firearm off-duty, | ||||||
4 | along with a valid annual firearm certificate issued by the | ||||||
5 | Illinois Law Enforcement Training Standards Board stating | ||||||
6 | that he or she is qualified to carry a concealed weapon. | ||||||
7 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
8 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
9 | athlete's possession, transport on official Olympic and | ||||||
10 | Paralympic transit systems established for athletes, or use of | ||||||
11 | competition firearms sanctioned by the International Olympic | ||||||
12 | Committee, the International Paralympic Committee, the | ||||||
13 | International Shooting Sport Federation, or USA Shooting in | ||||||
14 | connection with such athlete's training for and participation | ||||||
15 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
16 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
17 | and Paralympic Games. | ||||||
18 | (h) An information or indictment based upon a violation of | ||||||
19 | any
subsection of this Article need not negative any exemptions | ||||||
20 | contained in
this Article. The defendant shall have the burden | ||||||
21 | of proving such an
exemption.
| ||||||
22 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
23 | affect
the transportation, carrying, or possession, of any | ||||||
24 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
25 | to a common carrier operating
under license of the State of | ||||||
26 | Illinois or the federal government, where
such transportation, |
| |||||||
| |||||||
1 | carrying, or possession is incident to the lawful
| ||||||
2 | transportation in which such common carrier is engaged; and | ||||||
3 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
4 | transportation, carrying,
or possession of any pistol, | ||||||
5 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
6 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
7 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
8 | carrying box, shipping box, or other container, by the | ||||||
9 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
10 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |