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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 Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 4 and 8 as follows:
| ||||||
6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. Application for Firearm Owner's Identification | ||||||
8 | Cards. | ||||||
9 | (a) Each applicant for a Firearm Owner's Identification | ||||||
10 | Card must:
| ||||||
11 | (1) Make application on blank forms prepared and | ||||||
12 | furnished at convenient
locations throughout the State by | ||||||
13 | the Department of State Police, or by
electronic means, if | ||||||
14 | and when made available by the Department of State
Police; | ||||||
15 | and
| ||||||
16 | (2) Submit evidence to the Department of State Police | ||||||
17 | that:
| ||||||
18 | (i) This subparagraph (i) applies through the | ||||||
19 | 180th day following the effective date of this | ||||||
20 | amendatory Act of the 101st General Assembly. He or she | ||||||
21 | is 21 years of age or over, or if he or she is under 21
| ||||||
22 | years of age that he or she has the written consent of | ||||||
23 | his or her parent or
legal guardian to possess and |
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| |||||||
1 | acquire firearms and firearm ammunition and that
he or | ||||||
2 | she has never been convicted of a misdemeanor other | ||||||
3 | than a traffic
offense or adjudged
delinquent, | ||||||
4 | provided, however, that such parent or legal guardian | ||||||
5 | is not an
individual prohibited from having a Firearm | ||||||
6 | Owner's Identification Card and
files an affidavit | ||||||
7 | with the Department as prescribed by the Department
| ||||||
8 | stating that he or she is not an individual prohibited | ||||||
9 | from having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | the 181st day following the effective date of this | ||||||
12 | amendatory Act of the 101st General Assembly. He or she | ||||||
13 | is 21 years of age or over, or if he or she is under 21
| ||||||
14 | years of age that he or she has never been convicted of | ||||||
15 | a misdemeanor other than a traffic offense or adjudged | ||||||
16 | delinquent and is an active duty member of the United | ||||||
17 | States Armed Forces or has the written consent of his | ||||||
18 | or her parent or
legal guardian to possess and acquire | ||||||
19 | firearms and firearm ammunition, provided, however, | ||||||
20 | that such parent or legal guardian is not an
individual | ||||||
21 | prohibited from having a Firearm Owner's | ||||||
22 | Identification Card and
files an affidavit with the | ||||||
23 | Department as prescribed by the Department
stating | ||||||
24 | that he or she is not an individual prohibited from | ||||||
25 | having a Card or the active duty member of the United | ||||||
26 | States Armed Forces under 21 years of age annually |
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1 | submits proof to the Department of State Police, in a | ||||||
2 | manner prescribed by the Department;
| ||||||
3 | (ii) He or she has not been convicted of a felony | ||||||
4 | under the laws of
this or any other jurisdiction;
| ||||||
5 | (iii) He or she is not addicted to narcotics;
| ||||||
6 | (iv) He or she has not been a patient in a mental | ||||||
7 | health facility within
the past 5 years or, if he or | ||||||
8 | she has been a patient in a mental health facility more | ||||||
9 | than 5 years ago submit the certification required | ||||||
10 | under subsection (u) of Section 8 of this Act;
| ||||||
11 | (v) He or she is not a person with an intellectual | ||||||
12 | disability;
| ||||||
13 | (vi) He or she is not an alien who is unlawfully | ||||||
14 | present in the
United States under the laws of the | ||||||
15 | United States;
| ||||||
16 | (vii) He or she is not subject to an existing order | ||||||
17 | of protection
prohibiting him or her from possessing a | ||||||
18 | firearm;
| ||||||
19 | (viii) He or she has not been convicted within the | ||||||
20 | past 5 years of
battery, assault, aggravated assault, | ||||||
21 | violation of an order of
protection, or a substantially | ||||||
22 | similar offense in another jurisdiction, in
which a | ||||||
23 | firearm was used or possessed;
| ||||||
24 | (ix) He or she has not been convicted of domestic | ||||||
25 | battery, aggravated domestic battery, or a
| ||||||
26 | substantially similar offense in another
jurisdiction |
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1 | committed before, on or after January 1, 2012 (the | ||||||
2 | effective date of Public Act 97-158). If the applicant | ||||||
3 | knowingly and intelligently waives the right to have an | ||||||
4 | offense described in this clause (ix) tried by a jury, | ||||||
5 | and by guilty plea or otherwise, results in a | ||||||
6 | conviction for an offense in which a domestic | ||||||
7 | relationship is not a required element of the offense | ||||||
8 | but in which a determination of the applicability of 18 | ||||||
9 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
10 | Code of Criminal Procedure of 1963, an entry by the | ||||||
11 | court of a judgment of conviction for that offense | ||||||
12 | shall be grounds for denying the issuance of a Firearm | ||||||
13 | Owner's Identification Card under this Section;
| ||||||
14 | (x) (Blank);
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15 | (xi) He or she is not an alien who has been | ||||||
16 | admitted to the United
States under a non-immigrant | ||||||
17 | visa (as that term is defined in Section
101(a)(26) of | ||||||
18 | the Immigration and Nationality Act (8 U.S.C. | ||||||
19 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
20 | been lawfully admitted to the United
States under a | ||||||
21 | non-immigrant visa if that alien is:
| ||||||
22 | (1) admitted to the United States for lawful | ||||||
23 | hunting or sporting
purposes;
| ||||||
24 | (2) an official representative of a foreign | ||||||
25 | government who is:
| ||||||
26 | (A) accredited to the United States |
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1 | Government or the Government's
mission to an | ||||||
2 | international organization having its | ||||||
3 | headquarters in the United
States; or
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4 | (B) en route to or from another country to | ||||||
5 | which that alien is
accredited;
| ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign
visitor who has been so | ||||||
8 | designated by the Department of State;
| ||||||
9 | (4) a foreign law enforcement officer of a | ||||||
10 | friendly foreign
government entering the United | ||||||
11 | States on official business; or
| ||||||
12 | (5) one who has received a waiver from the | ||||||
13 | Attorney General of the
United States pursuant to | ||||||
14 | 18 U.S.C. 922(y)(3);
| ||||||
15 | (xii) He or she is not a minor subject to a | ||||||
16 | petition filed
under Section 5-520 of the Juvenile | ||||||
17 | Court Act of 1987 alleging that the
minor is a | ||||||
18 | delinquent minor for the commission of an offense that | ||||||
19 | if
committed by an adult would be a felony;
| ||||||
20 | (xiii) He or she is not an adult who had been | ||||||
21 | adjudicated a delinquent
minor under the Juvenile | ||||||
22 | Court Act of 1987 for the commission of an offense
that | ||||||
23 | if committed by an adult would be a felony;
| ||||||
24 | (xiv) He or she is a resident of the State of | ||||||
25 | Illinois; | ||||||
26 | (xv) He or she has not been adjudicated as a person |
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1 | with a mental disability; | ||||||
2 | (xvi) He or she has not been involuntarily admitted | ||||||
3 | into a mental health facility; and | ||||||
4 | (xvii) He or she is not a person with a | ||||||
5 | developmental disability; and
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6 | (3) Upon request by the Department of State Police, | ||||||
7 | sign a release on a
form prescribed by the Department of | ||||||
8 | State Police waiving any right to
confidentiality and | ||||||
9 | requesting the disclosure to the Department of State Police
| ||||||
10 | of limited mental health institution admission information | ||||||
11 | from another state,
the District of Columbia, any other | ||||||
12 | territory of the United States, or a
foreign nation | ||||||
13 | concerning the applicant for the sole purpose of | ||||||
14 | determining
whether the applicant is or was a patient in a | ||||||
15 | mental health institution and
disqualified because of that | ||||||
16 | status from receiving a Firearm Owner's
Identification | ||||||
17 | Card. No mental health care or treatment records may be
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18 | requested. The information received shall be destroyed | ||||||
19 | within one year of
receipt.
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20 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
21 | Card who is over
the age of 18 shall furnish to the Department | ||||||
22 | of State Police either his or
her Illinois driver's license | ||||||
23 | number or Illinois Identification Card number, except as
| ||||||
24 | provided in subsection (a-10).
| ||||||
25 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
26 | Card,
who is employed as a law enforcement officer, an armed |
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1 | security officer in Illinois, or by the United States Military
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2 | permanently assigned in Illinois and who is not an Illinois | ||||||
3 | resident, shall furnish to
the Department of State Police his | ||||||
4 | or her driver's license number or state
identification card | ||||||
5 | number from his or her state of residence. The Department
of | ||||||
6 | State Police may adopt rules to enforce the provisions of this
| ||||||
7 | subsection (a-10).
| ||||||
8 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
9 | Identification Card moves from the residence address named in | ||||||
10 | the application, he or she shall immediately notify in a form | ||||||
11 | and manner prescribed by the Department of State Police of that | ||||||
12 | change of address. | ||||||
13 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card shall furnish to the Department of State Police his or her | ||||||
15 | photograph. An applicant who is 21 years of age or older | ||||||
16 | seeking a religious exemption to the photograph requirement | ||||||
17 | must furnish with the application an approved copy of United | ||||||
18 | States Department of the Treasury Internal Revenue Service Form | ||||||
19 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
20 | seeking a religious exemption to the photograph requirement | ||||||
21 | shall submit fingerprints on a form and manner prescribed by | ||||||
22 | the Department with his or her application. | ||||||
23 | (b) Each application form shall include the following | ||||||
24 | statement printed in
bold type: "Warning: Entering false | ||||||
25 | information on an application for a Firearm
Owner's | ||||||
26 | Identification Card is punishable as a Class 2 felony in |
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| |||||||
1 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
2 | Owners Identification Card
Act.".
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3 | (c) Upon such written consent, pursuant to Section 4, | ||||||
4 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
5 | consent shall be liable for any
damages resulting from the | ||||||
6 | applicant's use of firearms or firearm ammunition.
| ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| ||||||
8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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9 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
10 | of State Police has authority to deny an
application for or to | ||||||
11 | revoke and seize a Firearm Owner's Identification
Card | ||||||
12 | previously issued under this Act only if the Department finds | ||||||
13 | that the
applicant or the person to whom such card was issued | ||||||
14 | is or was at the time
of issuance:
| ||||||
15 | (a) A person under 21 years of age who has been | ||||||
16 | convicted of a
misdemeanor other than a traffic offense or | ||||||
17 | adjudged delinquent;
| ||||||
18 | (b) This subsection (b) applies through the 180th day | ||||||
19 | following the effective date of this amendatory Act of the | ||||||
20 | 101st General Assembly. A person under 21 years of age who | ||||||
21 | does not have the written consent
of his parent or guardian | ||||||
22 | to acquire and possess firearms and firearm
ammunition, or | ||||||
23 | whose parent or guardian has revoked such written consent,
| ||||||
24 | or where such parent or guardian does not qualify to have a | ||||||
25 | Firearm Owner's
Identification Card; |
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1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following the effective date of this amendatory | ||||||
3 | Act of the 101st General Assembly. A person under 21 years | ||||||
4 | of age who is not an active duty member of the United | ||||||
5 | States Armed Forces and does not have the written consent
| ||||||
6 | of his or her parent or guardian to acquire and possess | ||||||
7 | firearms and firearm
ammunition, or whose parent or | ||||||
8 | guardian has revoked such written consent,
or where such | ||||||
9 | parent or guardian does not qualify to have a Firearm | ||||||
10 | Owner's
Identification Card;
| ||||||
11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other
jurisdiction;
| ||||||
13 | (d) A person addicted to narcotics;
| ||||||
14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the
past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government who is denied, | ||||||
20 | revoked, or has his or her Firearm Owner's Identification | ||||||
21 | Card seized under this subsection (e) may obtain relief as | ||||||
22 | described in subsection (c-5) of Section 10 of this Act if | ||||||
23 | the officer did not act in a manner threatening to the | ||||||
24 | officer, another person, or the public as determined by the | ||||||
25 | treating clinical psychologist or physician, and the | ||||||
26 | officer seeks mental health treatment;
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1 | (f) A person whose mental condition is of such a nature | ||||||
2 | that it poses
a clear and present danger to the applicant, | ||||||
3 | any other person or persons or
the community;
| ||||||
4 | (g) A person who has an intellectual disability;
| ||||||
5 | (h) A person who intentionally makes a false statement | ||||||
6 | in the Firearm
Owner's Identification Card application;
| ||||||
7 | (i) An alien who is unlawfully present in
the United | ||||||
8 | States under the laws of the United States;
| ||||||
9 | (i-5) An alien who has been admitted to the United | ||||||
10 | States under a
non-immigrant visa (as that term is defined | ||||||
11 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
12 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
13 | (i-5) does not apply to any alien who has been lawfully | ||||||
14 | admitted to
the United States under a non-immigrant visa if | ||||||
15 | that alien is:
| ||||||
16 | (1) admitted to the United States for lawful | ||||||
17 | hunting or sporting purposes;
| ||||||
18 | (2) an official representative of a foreign | ||||||
19 | government who is:
| ||||||
20 | (A) accredited to the United States Government | ||||||
21 | or the Government's
mission to an international | ||||||
22 | organization having its headquarters in the United
| ||||||
23 | States; or
| ||||||
24 | (B) en route to or from another country to | ||||||
25 | which that alien is
accredited;
| ||||||
26 | (3) an official of a foreign government or |
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1 | distinguished foreign visitor
who has been so | ||||||
2 | designated by the Department of State;
| ||||||
3 | (4) a foreign law enforcement officer of a friendly | ||||||
4 | foreign government
entering the United States on | ||||||
5 | official business; or
| ||||||
6 | (5) one who has received a waiver from the Attorney | ||||||
7 | General of the United
States pursuant to 18 U.S.C. | ||||||
8 | 922(y)(3);
| ||||||
9 | (j) (Blank);
| ||||||
10 | (k) A person who has been convicted within the past 5 | ||||||
11 | years of battery,
assault, aggravated assault, violation | ||||||
12 | of an order of protection, or a
substantially similar | ||||||
13 | offense in another jurisdiction, in which a firearm was
| ||||||
14 | used or possessed;
| ||||||
15 | (l) A person who has been convicted of domestic | ||||||
16 | battery, aggravated domestic battery, or a substantially
| ||||||
17 | similar offense in another jurisdiction committed before, | ||||||
18 | on or after January 1, 2012 (the effective date of Public | ||||||
19 | Act 97-158). If the applicant or person who has been | ||||||
20 | previously issued a Firearm Owner's Identification Card | ||||||
21 | under this Act knowingly and intelligently waives the right | ||||||
22 | to have an offense described in this paragraph (l) tried by | ||||||
23 | a jury, and by guilty plea or otherwise, results in a | ||||||
24 | conviction for an offense in which a domestic relationship | ||||||
25 | is not a required element of the offense but in which a | ||||||
26 | determination of the applicability of 18 U.S.C. 922(g)(9) |
| |||||||
| |||||||
1 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
2 | Procedure of 1963, an entry by the court of a judgment of | ||||||
3 | conviction for that offense shall be grounds for denying an | ||||||
4 | application for and for revoking and seizing a Firearm | ||||||
5 | Owner's Identification Card previously issued to the | ||||||
6 | person under this Act;
| ||||||
7 | (m) (Blank);
| ||||||
8 | (n) A person who is prohibited from acquiring or | ||||||
9 | possessing
firearms or firearm ammunition by any Illinois | ||||||
10 | State statute or by federal
law;
| ||||||
11 | (o) A minor subject to a petition filed under Section | ||||||
12 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
13 | minor is a delinquent minor for
the commission of an | ||||||
14 | offense that if committed by an adult would be a felony;
| ||||||
15 | (p) An adult who had been adjudicated a delinquent | ||||||
16 | minor under the Juvenile
Court Act of 1987 for the | ||||||
17 | commission of an offense that if committed by an
adult | ||||||
18 | would be a felony;
| ||||||
19 | (q) A person who is not a resident of the State of | ||||||
20 | Illinois, except as provided in subsection (a-10) of | ||||||
21 | Section 4; | ||||||
22 | (r) A person who has been adjudicated as a person with | ||||||
23 | a mental disability; | ||||||
24 | (s) A person who has been found to have a developmental | ||||||
25 | disability; | ||||||
26 | (t) A person involuntarily admitted into a mental |
| |||||||
| |||||||
1 | health facility; or | ||||||
2 | (u) A person who has had his or her Firearm Owner's | ||||||
3 | Identification Card revoked or denied under subsection (e) | ||||||
4 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
5 | (a) of Section 4 of this Act because he or she was a | ||||||
6 | patient in a mental health facility as provided in | ||||||
7 | subsection (e) of this Section, shall not be permitted to | ||||||
8 | obtain a Firearm Owner's Identification Card, after the | ||||||
9 | 5-year period has lapsed, unless he or she has received a | ||||||
10 | mental health evaluation by a physician, clinical | ||||||
11 | psychologist, or qualified examiner as those terms are | ||||||
12 | defined in the Mental Health and Developmental | ||||||
13 | Disabilities Code, and has received a certification that he | ||||||
14 | or she is not a clear and present danger to himself, | ||||||
15 | herself, or others. The physician, clinical psychologist, | ||||||
16 | or qualified examiner making the certification and his or | ||||||
17 | her employer shall not be held criminally, civilly, or | ||||||
18 | professionally liable for making or not making the | ||||||
19 | certification required under this subsection, except for | ||||||
20 | willful or wanton misconduct. This subsection does not | ||||||
21 | apply to a person whose firearm possession rights have been | ||||||
22 | restored through administrative or judicial action under | ||||||
23 | Section 10 or 11 of this Act. | ||||||
24 | Upon revocation of a person's Firearm Owner's | ||||||
25 | Identification Card, the Department of State Police shall | ||||||
26 | provide notice to the person and the person shall comply with |
| |||||||
| |||||||
1 | Section 9.5 of this Act. | ||||||
2 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
3 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
4 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
5 | changing Section 50 as follows: | ||||||
6 | (430 ILCS 66/50)
| ||||||
7 | Sec. 50. License renewal. | ||||||
8 | (a) This subsection (a) applies through the 180th day | ||||||
9 | following the effective date of this amendatory Act of the | ||||||
10 | 101st General Assembly. Applications for renewal of a license | ||||||
11 | shall be made to the Department. A license shall be renewed for | ||||||
12 | a period of 5 years upon receipt of a completed renewal | ||||||
13 | application, completion of 3 hours of training required under | ||||||
14 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
15 | and completion of an investigation under Section 35 of this | ||||||
16 | Act. The renewal application shall contain the information | ||||||
17 | required in Section 30 of this Act, except that the applicant | ||||||
18 | need not resubmit a full set of fingerprints. | ||||||
19 | (b) This subsection (b) applies on and after the 181st day | ||||||
20 | following the effective date of this amendatory Act of the | ||||||
21 | 101st General Assembly. Applications for renewal of a license | ||||||
22 | shall be made to the Department. A license shall be renewed for | ||||||
23 | a period of 5 years from the date of expiration on the | ||||||
24 | applicant's current license upon the receipt of a completed |
| |||||||
| |||||||
1 | renewal application, completion of 3 hours of training required | ||||||
2 | under Section 75 of this Act, payment of the applicable renewal | ||||||
3 | fee, and completion of an investigation under Section 35 of | ||||||
4 | this Act. The renewal application shall contain the information | ||||||
5 | required in Section 30 of this Act, except that the applicant | ||||||
6 | need not resubmit a full set of fingerprints.
| ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
8 | Section 15. The Firearm Dealer License Certification Act is | ||||||
9 | amended by changing Sections 5-5 and 5-25 as follows: | ||||||
10 | (430 ILCS 68/5-5)
| ||||||
11 | Sec. 5-5. Definitions. In this Act: | ||||||
12 | "Certified licensee" means a licensee that has previously | ||||||
13 | certified its license with the Department
under this Act. | ||||||
14 | "Department" means the Department of State Police. | ||||||
15 | "Director" means the Director of State Police. | ||||||
16 | "Entity" means any person, firm, corporation, group of | ||||||
17 | individuals, or other legal entity. | ||||||
18 | "Inventory" means firearms in the possession of an | ||||||
19 | individual or entity for the purpose of sale or
transfer.
| ||||||
20 | "License" means a Federal Firearms License authorizing a | ||||||
21 | person or entity to engage in the business of
dealing firearms.
| ||||||
22 | "Licensee" means a person, firm, corporation, or other | ||||||
23 | entity who has been given, and is currently in
possession of, a | ||||||
24 | valid Federal Firearms License. |
| |||||||
| |||||||
1 | "Retail location" means a store open to the public from | ||||||
2 | which a certified licensee
engages in the business of selling, | ||||||
3 | transferring, or facilitating a sale or transfer of a firearm.
| ||||||
4 | For purposes of this Act, the World Shooting and Recreational | ||||||
5 | Complex, a gun show , or similar event at which a certified | ||||||
6 | licensee engages in business from time to time is not a retail | ||||||
7 | location.
| ||||||
8 | (Source: P.A. 100-1178, eff. 1-18-19.) | ||||||
9 | (430 ILCS 68/5-25)
| ||||||
10 | Sec. 5-25. Exemptions. | ||||||
11 | The provisions of this Act related
to the certification of | ||||||
12 | a license do not apply to a
person or entity that engages in | ||||||
13 | the following
activities: | ||||||
14 | (1) temporary transfers of firearms solely for use at | ||||||
15 | the
location or on the premises where the transfer takes | ||||||
16 | place,
such as transfers at a shooting range for use at | ||||||
17 | that location; | ||||||
18 | (2) temporary transfers of firearms solely for use | ||||||
19 | while in
the presence of the transferor or transfers for | ||||||
20 | the
purposes of firearm safety training by a firearms | ||||||
21 | safety training instructor; | ||||||
22 | (3) transfers of firearms among immediate family or
| ||||||
23 | household members, as "immediate family or household | ||||||
24 | member" is
defined in Section 3-2.7-10 of the Unified Code | ||||||
25 | of Corrections, provided that both the transferor and |
| |||||||
| |||||||
1 | transferee have a currently valid Firearm Owner's | ||||||
2 | Identification Card; however, this paragraph (3) does not | ||||||
3 | limit the familial gift exemption under paragraph (2) of | ||||||
4 | subsection (a-15) of Section 3 of the Firearm Owners | ||||||
5 | Identification Card Act; | ||||||
6 | (4) transfers by persons or entities acting under | ||||||
7 | operation
of law or a court order; | ||||||
8 | (5) transfers by persons or entities liquidating all or
| ||||||
9 | part of a collection. For purposes of this paragraph (5),
| ||||||
10 | "collection" means 2 or more firearms which are of special
| ||||||
11 | interest to collectors by reason of some quality other than | ||||||
12 | is
associated with firearms intended for sporting use or as
| ||||||
13 | offensive or defensive weapons; | ||||||
14 | (6) transfers of firearms that have been rendered
| ||||||
15 | permanently inoperable to a nonprofit historical society,
| ||||||
16 | museum, or institutional collection; | ||||||
17 | (7) transfers by a law enforcement or corrections | ||||||
18 | agency or
a law enforcement or corrections officer acting | ||||||
19 | within the
course and scope of his or her official duties; | ||||||
20 | (8) transfers to a State or local law enforcement | ||||||
21 | agency by a person who has his or her Firearm
Owner's | ||||||
22 | Identification Card revoked; | ||||||
23 | (9) transfers of curios and relics, as defined under
| ||||||
24 | federal law, between collectors licensed under subsection | ||||||
25 | (b)
of Section 923 of the federal Gun Control Act of 1968; | ||||||
26 | (10) transfers by a person or entity licensed as an |
| |||||||
| |||||||
1 | auctioneer under the Auction License Act; or | ||||||
2 | (10.5) transfers of firearms to a resident registered | ||||||
3 | competitor or attendee or non-resident registered | ||||||
4 | competitor or attendee by a licensed federal firearms | ||||||
5 | dealer under Section 923 of the federal Gun Control Act of | ||||||
6 | 1968 at a competitive shooting event held at the World | ||||||
7 | Shooting and Recreational Complex that is sanctioned by a | ||||||
8 | national governing body; or | ||||||
9 | (11) transfers between a pawnshop and a customer which | ||||||
10 | amount to a bailment. For purposes of this paragraph (11), | ||||||
11 | "bailment" means the act of placing property in the custody | ||||||
12 | and control of another, by agreement in which the holder is | ||||||
13 | responsible for the safekeeping and return of the property.
| ||||||
14 | (Source: P.A. 100-1178, eff. 1-18-19.) | ||||||
15 | Section 20. The Wildlife Code is amended by adding Section | ||||||
16 | 3.4b as follows: | ||||||
17 | (520 ILCS 5/3.4b new) | ||||||
18 | Sec. 3.4b. Concealed firearm exemption. A current or | ||||||
19 | retired law enforcement officer authorized by law to possess a | ||||||
20 | concealed firearm shall be exempt from the provisions of this | ||||||
21 | Code prohibiting possession of those firearms. However, | ||||||
22 | nothing in this Section authorizes the use of those firearms | ||||||
23 | except as authorized by law. |
| |||||||
| |||||||
1 | Section 25. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 14-3 and 24-2 as follows: | ||||||
3 | (720 ILCS 5/14-3) | ||||||
4 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
5 | exempt from the provisions of this Article: | ||||||
6 | (a) Listening to radio, wireless electronic | ||||||
7 | communications, and television communications of
any sort | ||||||
8 | where the same are publicly made; | ||||||
9 | (b) Hearing conversation when heard by employees of any | ||||||
10 | common
carrier by wire incidental to the normal course of their | ||||||
11 | employment in
the operation, maintenance or repair of the | ||||||
12 | equipment of such common
carrier by wire so long as no | ||||||
13 | information obtained thereby is used or
divulged by the hearer; | ||||||
14 | (c) Any broadcast by radio, television or otherwise whether | ||||||
15 | it be a
broadcast or recorded for the purpose of later | ||||||
16 | broadcasts of any
function where the public is in attendance | ||||||
17 | and the conversations are
overheard incidental to the main | ||||||
18 | purpose for which such broadcasts are
then being made; | ||||||
19 | (d) Recording or listening with the aid of any device to | ||||||
20 | any
emergency communication made in the normal course of | ||||||
21 | operations by any
federal, state or local law enforcement | ||||||
22 | agency or institutions dealing
in emergency services, | ||||||
23 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
24 | services, fire fighting agencies, any public utility,
| ||||||
25 | emergency repair facility, civilian defense establishment or |
| |||||||
| |||||||
1 | military
installation; | ||||||
2 | (e) Recording the proceedings of any meeting required to be | ||||||
3 | open by
the Open Meetings Act, as amended; | ||||||
4 | (f) Recording or listening with the aid of any device to | ||||||
5 | incoming
telephone calls of phone lines publicly listed or | ||||||
6 | advertised as consumer
"hotlines" by manufacturers or | ||||||
7 | retailers of food and drug products. Such
recordings must be | ||||||
8 | destroyed, erased or turned over to local law
enforcement | ||||||
9 | authorities within 24 hours from the time of such recording and
| ||||||
10 | shall not be otherwise disseminated. Failure on the part of the | ||||||
11 | individual
or business operating any such recording or | ||||||
12 | listening device to comply with
the requirements of this | ||||||
13 | subsection shall eliminate any civil or criminal
immunity | ||||||
14 | conferred upon that individual or business by the operation of
| ||||||
15 | this Section; | ||||||
16 | (g) With prior notification to the State's Attorney of the
| ||||||
17 | county in which
it is to occur, recording or listening with the | ||||||
18 | aid of any device to any
conversation
where a law enforcement | ||||||
19 | officer, or any person acting at the direction of law
| ||||||
20 | enforcement, is a party to the conversation and has consented | ||||||
21 | to it being
intercepted or recorded under circumstances where | ||||||
22 | the use of the device is
necessary for the protection of the | ||||||
23 | law enforcement officer or any person
acting at the direction | ||||||
24 | of law enforcement, in the course of an
investigation
of a | ||||||
25 | forcible felony, a felony offense of involuntary servitude, | ||||||
26 | involuntary sexual servitude of a minor, or trafficking in |
| |||||||
| |||||||
1 | persons under Section 10-9 of this Code, an offense involving | ||||||
2 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
3 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
4 | felony violation of the Cannabis Control Act, a felony | ||||||
5 | violation of the Methamphetamine Control and Community | ||||||
6 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
7 | felony as those terms are defined in the Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
9 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
10 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
11 | evidence derived
as the
result of this exemption shall be | ||||||
12 | inadmissible in any proceeding, criminal,
civil or
| ||||||
13 | administrative, except (i) where a party to the conversation | ||||||
14 | suffers great
bodily injury or is killed during such | ||||||
15 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
16 | witness concerning matters contained in
the interception or | ||||||
17 | recording. The Director of the
Department of
State Police shall | ||||||
18 | issue regulations as are necessary concerning the use of
| ||||||
19 | devices, retention of tape recordings, and reports regarding | ||||||
20 | their
use; | ||||||
21 | (g-5) (Blank); | ||||||
22 | (g-6) With approval of the State's Attorney of the county | ||||||
23 | in which it is to occur, recording or listening with the aid of | ||||||
24 | any device to any conversation where a law enforcement officer, | ||||||
25 | or any person acting at the direction of law enforcement, is a | ||||||
26 | party to the conversation and has consented to it being |
| |||||||
| |||||||
1 | intercepted or recorded in the course of an investigation of | ||||||
2 | child pornography, aggravated child pornography, indecent | ||||||
3 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
4 | of a child, aggravated criminal sexual abuse in which the | ||||||
5 | victim of the offense was at the time of the commission of the | ||||||
6 | offense under 18 years of age, or criminal sexual abuse by | ||||||
7 | force or threat of force in which the victim of the offense was | ||||||
8 | at the time of the commission of the offense under 18 years of | ||||||
9 | age. In all such cases, an application for an order approving | ||||||
10 | the previous or continuing use of an eavesdropping device must | ||||||
11 | be made within 48 hours of the commencement of such use. In the | ||||||
12 | absence of such an order, or upon its denial, any continuing | ||||||
13 | use shall immediately terminate. The Director of State Police | ||||||
14 | shall issue rules as are necessary concerning the use of | ||||||
15 | devices, retention of recordings, and reports regarding their | ||||||
16 | use.
Any recording or evidence obtained or derived in the | ||||||
17 | course of an investigation of child pornography, aggravated | ||||||
18 | child pornography, indecent solicitation of a child, luring of | ||||||
19 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
20 | sexual abuse in which the victim of the offense was at the time | ||||||
21 | of the commission of the offense under 18 years of age, or | ||||||
22 | criminal sexual abuse by force or threat of force in which the | ||||||
23 | victim of the offense was at the time of the commission of the | ||||||
24 | offense under 18 years of age shall, upon motion of the State's | ||||||
25 | Attorney or Attorney General prosecuting any case involving | ||||||
26 | child pornography, aggravated child pornography, indecent |
| |||||||
| |||||||
1 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
2 | of a child, aggravated criminal sexual abuse in which the | ||||||
3 | victim of the offense was at the time of the commission of the | ||||||
4 | offense under 18 years of age, or criminal sexual abuse by | ||||||
5 | force or threat of force in which the victim of the offense was | ||||||
6 | at the time of the commission of the offense under 18 years of | ||||||
7 | age be reviewed in camera with notice to all parties present by | ||||||
8 | the court presiding over the criminal case, and, if ruled by | ||||||
9 | the court to be relevant and otherwise admissible, it shall be | ||||||
10 | admissible at the trial of the criminal case. Absent such a | ||||||
11 | ruling, any such recording or evidence shall not be admissible | ||||||
12 | at the trial of the criminal case; | ||||||
13 | (h) Recordings made simultaneously with the use of an | ||||||
14 | in-car video camera recording of an oral
conversation between a | ||||||
15 | uniformed peace officer, who has identified his or her office, | ||||||
16 | and
a person in the presence of the peace officer whenever (i) | ||||||
17 | an officer assigned a patrol vehicle is conducting an | ||||||
18 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
19 | activated or would otherwise be activated if not for the need | ||||||
20 | to conceal the presence of law enforcement. | ||||||
21 | For the purposes of this subsection (h), "enforcement stop" | ||||||
22 | means an action by a law enforcement officer in relation to | ||||||
23 | enforcement and investigation duties, including but not | ||||||
24 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
25 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
26 | roadside safety checks, requests for identification, or |
| |||||||
| |||||||
1 | responses to requests for emergency assistance; | ||||||
2 | (h-5) Recordings of utterances made by a person while in | ||||||
3 | the presence of a uniformed peace officer and while an occupant | ||||||
4 | of a police vehicle including, but not limited to, (i) | ||||||
5 | recordings made simultaneously with the use of an in-car video | ||||||
6 | camera and (ii) recordings made in the presence of the peace | ||||||
7 | officer utilizing video or audio systems, or both, authorized | ||||||
8 | by the law enforcement agency; | ||||||
9 | (h-10) Recordings made simultaneously with a video camera | ||||||
10 | recording during
the use of a taser or similar weapon or device | ||||||
11 | by a peace officer if the weapon or device is equipped with | ||||||
12 | such camera; | ||||||
13 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
14 | (h-10) shall be retained by the law enforcement agency that | ||||||
15 | employs the peace officer who made the recordings for a storage | ||||||
16 | period of 90 days, unless the recordings are made as a part of | ||||||
17 | an arrest or the recordings are deemed evidence in any | ||||||
18 | criminal, civil, or administrative proceeding and then the | ||||||
19 | recordings must only be destroyed upon a final disposition and | ||||||
20 | an order from the court. Under no circumstances shall any | ||||||
21 | recording be altered or erased prior to the expiration of the | ||||||
22 | designated storage period. Upon completion of the storage | ||||||
23 | period, the recording medium may be erased and reissued for | ||||||
24 | operational use; | ||||||
25 | (i) Recording of a conversation made by or at the request | ||||||
26 | of a person, not a
law enforcement officer or agent of a law |
| |||||||
| |||||||
1 | enforcement officer, who is a party
to the conversation, under | ||||||
2 | reasonable suspicion that another party to the
conversation is | ||||||
3 | committing, is about to commit, or has committed a criminal
| ||||||
4 | offense against the person or a member of his or her immediate | ||||||
5 | household, and
there is reason to believe that evidence of the | ||||||
6 | criminal offense may be
obtained by the recording; | ||||||
7 | (j) The use of a telephone monitoring device by either (1) | ||||||
8 | a
corporation or other business entity engaged in marketing or | ||||||
9 | opinion research
or (2) a corporation or other business entity | ||||||
10 | engaged in telephone
solicitation, as
defined in this | ||||||
11 | subsection, to record or listen to oral telephone solicitation
| ||||||
12 | conversations or marketing or opinion research conversations | ||||||
13 | by an employee of
the corporation or other business entity | ||||||
14 | when: | ||||||
15 | (i) the monitoring is used for the purpose of service | ||||||
16 | quality control of
marketing or opinion research or | ||||||
17 | telephone solicitation, the education or
training of | ||||||
18 | employees or contractors
engaged in marketing or opinion | ||||||
19 | research or telephone solicitation, or internal
research | ||||||
20 | related to marketing or
opinion research or telephone
| ||||||
21 | solicitation; and | ||||||
22 | (ii) the monitoring is used with the consent of at | ||||||
23 | least one person who
is an active party to the marketing or | ||||||
24 | opinion research conversation or
telephone solicitation | ||||||
25 | conversation being
monitored. | ||||||
26 | No communication or conversation or any part, portion, or |
| |||||||
| |||||||
1 | aspect of the
communication or conversation made, acquired, or | ||||||
2 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
3 | be, directly or indirectly, furnished to any law
enforcement | ||||||
4 | officer, agency, or official for any purpose or used in any | ||||||
5 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
6 | any administrative,
judicial, or other proceeding, or divulged | ||||||
7 | to any third party. | ||||||
8 | When recording or listening authorized by this subsection | ||||||
9 | (j) on telephone
lines used for marketing or opinion research | ||||||
10 | or telephone solicitation purposes
results in recording or
| ||||||
11 | listening to a conversation that does not relate to marketing | ||||||
12 | or opinion
research or telephone solicitation; the
person | ||||||
13 | recording or listening shall, immediately upon determining | ||||||
14 | that the
conversation does not relate to marketing or opinion | ||||||
15 | research or telephone
solicitation, terminate the recording
or | ||||||
16 | listening and destroy any such recording as soon as is | ||||||
17 | practicable. | ||||||
18 | Business entities that use a telephone monitoring or | ||||||
19 | telephone recording
system pursuant to this exemption (j) shall | ||||||
20 | provide current and prospective
employees with notice that the | ||||||
21 | monitoring or recordings may occur during the
course of their | ||||||
22 | employment. The notice shall include prominent signage
| ||||||
23 | notification within the workplace. | ||||||
24 | Business entities that use a telephone monitoring or | ||||||
25 | telephone recording
system pursuant to this exemption (j) shall | ||||||
26 | provide their employees or agents
with access to personal-only |
| |||||||
| |||||||
1 | telephone lines which may be pay telephones, that
are not | ||||||
2 | subject to telephone monitoring or telephone recording. | ||||||
3 | For the purposes of this subsection (j), "telephone | ||||||
4 | solicitation" means a
communication through the use of a | ||||||
5 | telephone by live operators: | ||||||
6 | (i) soliciting the sale of goods or services; | ||||||
7 | (ii) receiving orders for the sale of goods or | ||||||
8 | services; | ||||||
9 | (iii) assisting in the use of goods or services; or | ||||||
10 | (iv) engaging in the solicitation, administration, or | ||||||
11 | collection of bank
or
retail credit accounts. | ||||||
12 | For the purposes of this subsection (j), "marketing or | ||||||
13 | opinion research"
means
a marketing or opinion research | ||||||
14 | interview conducted by a live telephone
interviewer engaged by | ||||||
15 | a corporation or other business entity whose principal
business | ||||||
16 | is the design, conduct, and analysis of polls and surveys | ||||||
17 | measuring
the
opinions, attitudes, and responses of | ||||||
18 | respondents toward products and services,
or social or | ||||||
19 | political issues, or both; | ||||||
20 | (k) Electronic recordings, including but not limited to, a | ||||||
21 | motion picture,
videotape, digital, or other visual or audio | ||||||
22 | recording, made of a custodial
interrogation of an individual | ||||||
23 | at a police station or other place of detention
by a law | ||||||
24 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
25 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
26 | Procedure of 1963; |
| |||||||
| |||||||
1 | (l) Recording the interview or statement of any person when | ||||||
2 | the person
knows that the interview is being conducted by a law | ||||||
3 | enforcement officer or
prosecutor and the interview takes place | ||||||
4 | at a police station that is currently
participating in the | ||||||
5 | Custodial Interview Pilot Program established under the
| ||||||
6 | Illinois Criminal Justice Information Act; | ||||||
7 | (m) An electronic recording, including but not limited to, | ||||||
8 | a motion picture,
videotape, digital, or other visual or audio | ||||||
9 | recording, made of the interior of a school bus while the | ||||||
10 | school bus is being used in the transportation of students to | ||||||
11 | and from school and school-sponsored activities, when the | ||||||
12 | school board has adopted a policy authorizing such recording, | ||||||
13 | notice of such recording policy is included in student | ||||||
14 | handbooks and other documents including the policies of the | ||||||
15 | school, notice of the policy regarding recording is provided to | ||||||
16 | parents of students, and notice of such recording is clearly | ||||||
17 | posted on the door of and inside the school bus.
| ||||||
18 | Recordings made pursuant to this subsection (m) shall be | ||||||
19 | confidential records and may only be used by school officials | ||||||
20 | (or their designees) and law enforcement personnel for | ||||||
21 | investigations, school disciplinary actions and hearings, | ||||||
22 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
23 | prosecutions, related to incidents occurring in or around the | ||||||
24 | school bus; | ||||||
25 | (n)
Recording or listening to an audio transmission from a | ||||||
26 | microphone placed by a person under the authority of a law |
| |||||||
| |||||||
1 | enforcement agency inside a bait car surveillance vehicle while | ||||||
2 | simultaneously capturing a photographic or video image; | ||||||
3 | (o) The use of an eavesdropping camera or audio device | ||||||
4 | during an ongoing hostage or barricade situation by a law | ||||||
5 | enforcement officer or individual acting on behalf of a law | ||||||
6 | enforcement officer when the use of such device is necessary to | ||||||
7 | protect the safety of the general public, hostages, or law | ||||||
8 | enforcement officers or anyone acting on their behalf; | ||||||
9 | (p) Recording or listening with the aid of any device to | ||||||
10 | incoming telephone calls of phone lines publicly listed or | ||||||
11 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
12 | where the notice of recording is given at the beginning of each | ||||||
13 | call as required by Section 34-21.8 of the School Code. The | ||||||
14 | recordings may be retained only by the Chicago Police | ||||||
15 | Department or other law enforcement authorities, and shall not | ||||||
16 | be otherwise retained or disseminated; | ||||||
17 | (q)(1) With prior request to and written or verbal approval | ||||||
18 | of the State's Attorney of the county in which the conversation | ||||||
19 | is anticipated to occur, recording or listening with the aid of | ||||||
20 | an eavesdropping device to a conversation in which a law | ||||||
21 | enforcement officer, or any person acting at the direction of a | ||||||
22 | law enforcement officer, is a party to the conversation and has | ||||||
23 | consented to the conversation being intercepted or recorded in | ||||||
24 | the course of an investigation of a qualified offense. The | ||||||
25 | State's Attorney may grant this approval only after determining | ||||||
26 | that reasonable cause exists to believe that inculpatory |
| |||||||
| |||||||
1 | conversations concerning a qualified offense will occur with a | ||||||
2 | specified individual or individuals within a designated period | ||||||
3 | of time. | ||||||
4 | (2) Request for approval. To invoke the exception contained | ||||||
5 | in this subsection (q), a law enforcement officer shall make a | ||||||
6 | request for approval to the appropriate State's Attorney. The | ||||||
7 | request may be written or verbal; however, a written | ||||||
8 | memorialization of the request must be made by the State's | ||||||
9 | Attorney. This request for approval shall include whatever | ||||||
10 | information is deemed necessary by the State's Attorney but | ||||||
11 | shall include, at a minimum, the following information about | ||||||
12 | each specified individual whom the law enforcement officer | ||||||
13 | believes will commit a qualified offense: | ||||||
14 | (A) his or her full or partial name, nickname or alias; | ||||||
15 | (B) a physical description; or | ||||||
16 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
17 | any other supporting information known to the law | ||||||
18 | enforcement officer at the time of the request that gives | ||||||
19 | rise to reasonable cause to believe that the specified | ||||||
20 | individual will participate in an inculpatory conversation | ||||||
21 | concerning a qualified offense. | ||||||
22 | (3) Limitations on approval. Each written approval by the | ||||||
23 | State's Attorney under this subsection (q) shall be limited to: | ||||||
24 | (A) a recording or interception conducted by a | ||||||
25 | specified law enforcement officer or person acting at the | ||||||
26 | direction of a law enforcement officer; |
| |||||||
| |||||||
1 | (B) recording or intercepting conversations with the | ||||||
2 | individuals specified in the request for approval, | ||||||
3 | provided that the verbal approval shall be deemed to | ||||||
4 | include the recording or intercepting of conversations | ||||||
5 | with other individuals, unknown to the law enforcement | ||||||
6 | officer at the time of the request for approval, who are | ||||||
7 | acting in conjunction with or as co-conspirators with the | ||||||
8 | individuals specified in the request for approval in the | ||||||
9 | commission of a qualified offense; | ||||||
10 | (C) a reasonable period of time but in no event longer | ||||||
11 | than 24 consecutive hours; | ||||||
12 | (D) the written request for approval, if applicable, or | ||||||
13 | the written memorialization must be filed, along with the | ||||||
14 | written approval, with the circuit clerk of the | ||||||
15 | jurisdiction on the next business day following the | ||||||
16 | expiration of the authorized period of time, and shall be | ||||||
17 | subject to review by the Chief Judge or his or her designee | ||||||
18 | as deemed appropriate by the court. | ||||||
19 | (3.5) The written memorialization of the request for | ||||||
20 | approval and the written approval by the State's Attorney may | ||||||
21 | be in any format, including via facsimile, email, or otherwise, | ||||||
22 | so long as it is capable of being filed with the circuit clerk. | ||||||
23 | (3.10) Beginning March 1, 2015, each State's Attorney shall | ||||||
24 | annually submit a report to the General Assembly disclosing: | ||||||
25 | (A) the number of requests for each qualified offense | ||||||
26 | for approval under this subsection; and |
| |||||||
| |||||||
1 | (B) the number of approvals for each qualified offense | ||||||
2 | given by the State's Attorney. | ||||||
3 | (4) Admissibility of evidence. No part of the contents of | ||||||
4 | any wire, electronic, or oral communication that has been | ||||||
5 | recorded or intercepted as a result of this exception may be | ||||||
6 | received in evidence in any trial, hearing, or other proceeding | ||||||
7 | in or before any court, grand jury, department, officer, | ||||||
8 | agency, regulatory body, legislative committee, or other | ||||||
9 | authority of this State, or a political subdivision of the | ||||||
10 | State, other than in a prosecution of: | ||||||
11 | (A) the qualified offense for which approval was given | ||||||
12 | to record or intercept a conversation under this subsection | ||||||
13 | (q); | ||||||
14 | (B) a forcible felony committed directly in the course | ||||||
15 | of the investigation of the qualified offense for which | ||||||
16 | approval was given to record or intercept a conversation | ||||||
17 | under this subsection (q); or | ||||||
18 | (C) any other forcible felony committed while the | ||||||
19 | recording or interception was approved in accordance with | ||||||
20 | this subsection (q), but for this specific category of | ||||||
21 | prosecutions, only if the law enforcement officer or person | ||||||
22 | acting at the direction of a law enforcement officer who | ||||||
23 | has consented to the conversation being intercepted or | ||||||
24 | recorded suffers great bodily injury or is killed during | ||||||
25 | the commission of the charged forcible felony. | ||||||
26 | (5) Compliance with the provisions of this subsection is a |
| |||||||
| |||||||
1 | prerequisite to the admissibility in evidence of any part of | ||||||
2 | the contents of any wire, electronic or oral communication that | ||||||
3 | has been intercepted as a result of this exception, but nothing | ||||||
4 | in this subsection shall be deemed to prevent a court from | ||||||
5 | otherwise excluding the evidence on any other ground recognized | ||||||
6 | by State or federal law, nor shall anything in this subsection | ||||||
7 | be deemed to prevent a court from independently reviewing the | ||||||
8 | admissibility of the evidence for compliance with the Fourth | ||||||
9 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
10 | of the Illinois Constitution. | ||||||
11 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
12 | offenses. Whenever any private conversation or private | ||||||
13 | electronic communication has been recorded or intercepted as a | ||||||
14 | result of this exception that is not related to an offense for | ||||||
15 | which the recording or intercept is admissible under paragraph | ||||||
16 | (4) of this subsection (q), no part of the contents of the | ||||||
17 | communication and evidence derived from the communication may | ||||||
18 | be received in evidence in any trial, hearing, or other | ||||||
19 | proceeding in or before any court, grand jury, department, | ||||||
20 | officer, agency, regulatory body, legislative committee, or | ||||||
21 | other authority of this State, or a political subdivision of | ||||||
22 | the State, nor may it be publicly disclosed in any way. | ||||||
23 | (6.5) The Department of State Police shall adopt rules as | ||||||
24 | are necessary concerning the use of devices, retention of | ||||||
25 | recordings, and reports regarding their use under this | ||||||
26 | subsection (q). |
| |||||||
| |||||||
1 | (7) Definitions. For the purposes of this subsection (q) | ||||||
2 | only: | ||||||
3 | "Forcible felony" includes and is limited to those | ||||||
4 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
5 | 1961 as of the effective date of this amendatory Act of the | ||||||
6 | 97th General Assembly, and only as those offenses have been | ||||||
7 | defined by law or judicial interpretation as of that date. | ||||||
8 | "Qualified offense" means and is limited to: | ||||||
9 | (A) a felony violation of the Cannabis Control Act, | ||||||
10 | the Illinois Controlled Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | except for violations of: | ||||||
13 | (i) Section 4 of the Cannabis Control Act; | ||||||
14 | (ii) Section 402 of the Illinois Controlled | ||||||
15 | Substances Act; and | ||||||
16 | (iii) Section 60 of the Methamphetamine | ||||||
17 | Control and Community Protection Act; and | ||||||
18 | (B) first degree murder, solicitation of murder | ||||||
19 | for hire, predatory criminal sexual assault of a child, | ||||||
20 | criminal sexual assault, aggravated criminal sexual | ||||||
21 | assault, aggravated arson, kidnapping, aggravated | ||||||
22 | kidnapping, child abduction, trafficking in persons, | ||||||
23 | involuntary servitude, involuntary sexual servitude of | ||||||
24 | a minor, or gunrunning. | ||||||
25 | "State's Attorney" includes and is limited to the | ||||||
26 | State's Attorney or an assistant State's Attorney |
| |||||||
| |||||||
1 | designated by the State's Attorney to provide verbal | ||||||
2 | approval to record or intercept conversations under this | ||||||
3 | subsection (q). | ||||||
4 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
5 | January 1, 2023 2020 . No conversations intercepted pursuant to | ||||||
6 | this subsection (q), while operative, shall be inadmissible in | ||||||
7 | a court of law by virtue of the inoperability of this | ||||||
8 | subsection (q) on January 1, 2023 2020 . | ||||||
9 | (9) Recordings, records, and custody. Any private | ||||||
10 | conversation or private electronic communication intercepted | ||||||
11 | by a law enforcement officer or a person acting at the | ||||||
12 | direction of law enforcement shall, if practicable, be recorded | ||||||
13 | in such a way as will protect the recording from editing or | ||||||
14 | other alteration. Any and all original recordings made under | ||||||
15 | this subsection (q) shall be inventoried without unnecessary | ||||||
16 | delay pursuant to the law enforcement agency's policies for | ||||||
17 | inventorying evidence. The original recordings shall not be | ||||||
18 | destroyed except upon an order of a court of competent | ||||||
19 | jurisdiction; and | ||||||
20 | (r) Electronic recordings, including but not limited to, | ||||||
21 | motion picture, videotape, digital, or other visual or audio | ||||||
22 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
23 | Criminal Procedure of 1963. | ||||||
24 | (Source: P.A. 100-572, eff. 12-29-17.)
| ||||||
25 | (720 ILCS 5/24-2)
|
| |||||||
| |||||||
1 | Sec. 24-2. Exemptions.
| ||||||
2 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
3 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
4 | the following:
| ||||||
5 | (1) Peace officers, and any person summoned by a peace | ||||||
6 | officer to
assist in making arrests or preserving the | ||||||
7 | peace, while actually engaged in
assisting such officer.
| ||||||
8 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
9 | penitentiaries, jails and other institutions for the | ||||||
10 | detention of persons
accused or convicted of an offense, | ||||||
11 | while in the performance of their
official duty, or while | ||||||
12 | commuting between their homes and places of employment.
| ||||||
13 | (3) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United States
or the Illinois National Guard or the | ||||||
15 | Reserve Officers Training Corps,
while in the performance | ||||||
16 | of their official duty.
| ||||||
17 | (4) Special agents employed by a railroad or a public | ||||||
18 | utility to
perform police functions, and guards of armored | ||||||
19 | car companies, while
actually engaged in the performance of | ||||||
20 | the duties of their employment or
commuting between their | ||||||
21 | homes and places of employment; and watchmen
while actually | ||||||
22 | engaged in the performance of the duties of their | ||||||
23 | employment.
| ||||||
24 | (5) Persons licensed as private security contractors, | ||||||
25 | private
detectives, or private alarm contractors, or | ||||||
26 | employed by a private security contractor, private |
| |||||||
| |||||||
1 | detective, or private alarm contractor agency licensed
by | ||||||
2 | the Department of Financial and Professional Regulation, | ||||||
3 | if their duties
include the carrying of a weapon under the | ||||||
4 | provisions of the Private
Detective, Private Alarm,
| ||||||
5 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
6 | 2004,
while actually
engaged in the performance of the | ||||||
7 | duties of their employment or commuting
between their homes | ||||||
8 | and places of employment. A person shall be considered | ||||||
9 | eligible for this
exemption if he or she has completed the | ||||||
10 | required 20
hours of training for a private security | ||||||
11 | contractor, private
detective, or private alarm | ||||||
12 | contractor, or employee of a licensed private security | ||||||
13 | contractor, private detective, or private alarm contractor | ||||||
14 | agency and 20 hours of required firearm
training, and has | ||||||
15 | been issued a firearm control card by
the Department of | ||||||
16 | Financial and Professional Regulation. Conditions for the | ||||||
17 | renewal of
firearm control cards issued under the | ||||||
18 | provisions of this Section
shall be the same as for those | ||||||
19 | cards issued under the provisions of the
Private Detective, | ||||||
20 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
21 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
22 | carried by the private security contractor, private
| ||||||
23 | detective, or private alarm contractor, or employee of the | ||||||
24 | licensed private security contractor, private detective, | ||||||
25 | or private alarm contractor agency at all
times when he or | ||||||
26 | she is in possession of a concealable weapon permitted by |
| |||||||
| |||||||
1 | his or her firearm control card.
| ||||||
2 | (6) Any person regularly employed in a commercial or | ||||||
3 | industrial
operation as a security guard for the protection | ||||||
4 | of persons employed
and private property related to such | ||||||
5 | commercial or industrial
operation, while actually engaged | ||||||
6 | in the performance of his or her
duty or traveling between | ||||||
7 | sites or properties belonging to the
employer, and who, as | ||||||
8 | a security guard, is a member of a security force | ||||||
9 | registered with the Department of Financial and | ||||||
10 | Professional
Regulation; provided that such security guard | ||||||
11 | has successfully completed a
course of study, approved by | ||||||
12 | and supervised by the Department of
Financial and | ||||||
13 | Professional Regulation, consisting of not less than 40 | ||||||
14 | hours of training
that includes the theory of law | ||||||
15 | enforcement, liability for acts, and the
handling of | ||||||
16 | weapons. A person shall be considered eligible for this
| ||||||
17 | exemption if he or she has completed the required 20
hours | ||||||
18 | of training for a security officer and 20 hours of required | ||||||
19 | firearm
training, and has been issued a firearm control | ||||||
20 | card by
the Department of Financial and Professional | ||||||
21 | Regulation. Conditions for the renewal of
firearm control | ||||||
22 | cards issued under the provisions of this Section
shall be | ||||||
23 | the same as for those cards issued under the provisions of | ||||||
24 | the
Private Detective, Private Alarm,
Private Security, | ||||||
25 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
26 | control card shall be carried by the security guard at all
|
| |||||||
| |||||||
1 | times when he or she is in possession of a concealable | ||||||
2 | weapon permitted by his or her firearm control card.
| ||||||
3 | (7) Agents and investigators of the Illinois | ||||||
4 | Legislative Investigating
Commission authorized by the | ||||||
5 | Commission to carry the weapons specified in
subsections | ||||||
6 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
7 | any investigation for the Commission.
| ||||||
8 | (8) Persons employed by a financial institution as a | ||||||
9 | security guard for the protection of
other employees and | ||||||
10 | property related to such financial institution, while
| ||||||
11 | actually engaged in the performance of their duties, | ||||||
12 | commuting between
their homes and places of employment, or | ||||||
13 | traveling between sites or
properties owned or operated by | ||||||
14 | such financial institution, and who, as a security guard, | ||||||
15 | is a member of a security force registered with the | ||||||
16 | Department; provided that
any person so employed has | ||||||
17 | successfully completed a course of study,
approved by and | ||||||
18 | supervised by the Department of Financial and Professional | ||||||
19 | Regulation,
consisting of not less than 40 hours of | ||||||
20 | training which includes theory of
law enforcement, | ||||||
21 | liability for acts, and the handling of weapons.
A person | ||||||
22 | shall be considered to be eligible for this exemption if he | ||||||
23 | or
she has completed the required 20 hours of training for | ||||||
24 | a security officer
and 20 hours of required firearm | ||||||
25 | training, and has been issued a
firearm control card by the | ||||||
26 | Department of Financial and Professional Regulation.
|
| |||||||
| |||||||
1 | Conditions for renewal of firearm control cards issued | ||||||
2 | under the
provisions of this Section shall be the same as | ||||||
3 | for those issued under the
provisions of the Private | ||||||
4 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
5 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
6 | shall be carried by the security guard at all times when he | ||||||
7 | or she is in possession of a concealable
weapon permitted | ||||||
8 | by his or her firearm control card. For purposes of this | ||||||
9 | subsection, "financial institution" means a
bank, savings | ||||||
10 | and loan association, credit union or company providing
| ||||||
11 | armored car services.
| ||||||
12 | (9) Any person employed by an armored car company to | ||||||
13 | drive an armored
car, while actually engaged in the | ||||||
14 | performance of his duties.
| ||||||
15 | (10) Persons who have been classified as peace officers | ||||||
16 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
17 | (11) Investigators of the Office of the State's | ||||||
18 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
19 | governors of the Office of the
State's Attorneys Appellate | ||||||
20 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
21 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
22 | (12) Special investigators appointed by a State's | ||||||
23 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
24 | (12.5) Probation officers while in the performance of | ||||||
25 | their duties, or
while commuting between their homes, | ||||||
26 | places of employment or specific locations
that are part of |
| |||||||
| |||||||
1 | their assigned duties, with the consent of the chief judge | ||||||
2 | of
the circuit for which they are employed, if they have | ||||||
3 | received weapons training according
to requirements of the | ||||||
4 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
5 | (13) Court Security Officers while in the performance | ||||||
6 | of their official
duties, or while commuting between their | ||||||
7 | homes and places of employment, with
the
consent of the | ||||||
8 | Sheriff.
| ||||||
9 | (13.5) A person employed as an armed security guard at | ||||||
10 | a nuclear energy,
storage, weapons or development site or | ||||||
11 | facility regulated by the Nuclear
Regulatory Commission | ||||||
12 | who has completed the background screening and training
| ||||||
13 | mandated by the rules and regulations of the Nuclear | ||||||
14 | Regulatory Commission.
| ||||||
15 | (14) Manufacture, transportation, or sale of weapons | ||||||
16 | to
persons
authorized under subdivisions (1) through | ||||||
17 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
18 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
19 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
20 | or handgun and the person has been issued a currently valid | ||||||
21 | license under the Firearm Concealed Carry Act at the time of | ||||||
22 | the commission of the offense. | ||||||
23 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
24 | to
or affect a qualified current or retired law enforcement | ||||||
25 | officer qualified under the laws of this State or under the | ||||||
26 | federal Law Enforcement Officers Safety Act. |
| |||||||
| |||||||
1 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
2 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
3 | (1) Members of any club or organization organized for | ||||||
4 | the purpose of
practicing shooting at targets upon | ||||||
5 | established target ranges, whether
public or private, and | ||||||
6 | patrons of such ranges, while such members
or patrons are | ||||||
7 | using their firearms on those target ranges.
| ||||||
8 | (2) Duly authorized military or civil organizations | ||||||
9 | while parading,
with the special permission of the | ||||||
10 | Governor.
| ||||||
11 | (3) Hunters, trappers or fishermen with a license or
| ||||||
12 | permit while engaged in hunting,
trapping or fishing.
| ||||||
13 | (4) Transportation of weapons that are broken down in a
| ||||||
14 | non-functioning state or are not immediately accessible.
| ||||||
15 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
16 | gun or taser or other firearm on the land or in the legal | ||||||
17 | dwelling of another person as an invitee with that person's | ||||||
18 | permission. | ||||||
19 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
20 | of the
following:
| ||||||
21 | (1) Peace officers while in performance of their | ||||||
22 | official duties.
| ||||||
23 | (2) Wardens, superintendents and keepers of prisons, | ||||||
24 | penitentiaries,
jails and other institutions for the | ||||||
25 | detention of persons accused or
convicted of an offense.
| ||||||
26 | (3) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States
or the Illinois National Guard, while in | ||||||
2 | the performance of their official
duty.
| ||||||
3 | (4) Manufacture, transportation, or sale of machine | ||||||
4 | guns to persons
authorized under subdivisions (1) through | ||||||
5 | (3) of this subsection to
possess machine guns, if the | ||||||
6 | machine guns are broken down in a
non-functioning state or | ||||||
7 | are not immediately accessible.
| ||||||
8 | (5) Persons licensed under federal law to manufacture | ||||||
9 | any weapon from
which 8 or more shots or bullets can be | ||||||
10 | discharged by a
single function of the firing device, or | ||||||
11 | ammunition for such weapons, and
actually engaged in the | ||||||
12 | business of manufacturing such weapons or
ammunition, but | ||||||
13 | only with respect to activities which are within the lawful
| ||||||
14 | scope of such business, such as the manufacture, | ||||||
15 | transportation, or testing
of such weapons or ammunition. | ||||||
16 | This exemption does not authorize the
general private | ||||||
17 | possession of any weapon from which 8 or more
shots or | ||||||
18 | bullets can be discharged by a single function of the | ||||||
19 | firing
device, but only such possession and activities as | ||||||
20 | are within the lawful
scope of a licensed manufacturing | ||||||
21 | business described in this paragraph.
| ||||||
22 | During transportation, such weapons shall be broken | ||||||
23 | down in a
non-functioning state or not immediately | ||||||
24 | accessible.
| ||||||
25 | (6) The manufacture, transport, testing, delivery, | ||||||
26 | transfer or sale,
and all lawful commercial or experimental |
| |||||||
| |||||||
1 | activities necessary thereto, of
rifles, shotguns, and | ||||||
2 | weapons made from rifles or shotguns,
or ammunition for | ||||||
3 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
4 | person operating as a contractor or subcontractor pursuant | ||||||
5 | to a
contract or subcontract for the development and supply | ||||||
6 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
7 | United States government or any
branch of the Armed Forces | ||||||
8 | of the United States, when such activities are
necessary | ||||||
9 | and incident to fulfilling the terms of such contract.
| ||||||
10 | The exemption granted under this subdivision (c)(6)
| ||||||
11 | shall also apply to any authorized agent of any such | ||||||
12 | contractor or
subcontractor who is operating within the | ||||||
13 | scope of his employment, where
such activities involving | ||||||
14 | such weapon, weapons or ammunition are necessary
and | ||||||
15 | incident to fulfilling the terms of such contract.
| ||||||
16 | (7) A person possessing a rifle with a barrel or | ||||||
17 | barrels less than 16 inches in length if: (A) the person | ||||||
18 | has been issued a Curios and Relics license from the U.S. | ||||||
19 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
20 | the person is an active member of a bona fide, nationally | ||||||
21 | recognized military re-enacting group and the modification | ||||||
22 | is required and necessary to accurately portray the weapon | ||||||
23 | for historical re-enactment purposes; the re-enactor is in | ||||||
24 | possession of a valid and current re-enacting group | ||||||
25 | membership credential; and the overall length of the weapon | ||||||
26 | as modified is not less than 26 inches. |
| |||||||
| |||||||
1 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
2 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
3 | officer.
| ||||||
4 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
5 | manager or
authorized employee of any place specified in that | ||||||
6 | subsection nor to any
law enforcement officer.
| ||||||
7 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
8 | Section 24-1.6
do not apply
to members of any club or | ||||||
9 | organization organized for the purpose of practicing
shooting | ||||||
10 | at targets upon established target ranges, whether public or | ||||||
11 | private,
while using their firearms on those target ranges.
| ||||||
12 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
13 | to:
| ||||||
14 | (1) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United
States or the Illinois National Guard, while in | ||||||
16 | the performance of their
official duty.
| ||||||
17 | (2) Bonafide collectors of antique or surplus military | ||||||
18 | ordnance.
| ||||||
19 | (3) Laboratories having a department of forensic | ||||||
20 | ballistics, or
specializing in the development of | ||||||
21 | ammunition or explosive ordnance.
| ||||||
22 | (4) Commerce, preparation, assembly or possession of | ||||||
23 | explosive
bullets by manufacturers of ammunition licensed | ||||||
24 | by the federal government,
in connection with the supply of | ||||||
25 | those organizations and persons exempted
by subdivision | ||||||
26 | (g)(1) of this Section, or like organizations and persons
|
| |||||||
| |||||||
1 | outside this State, or the transportation of explosive | ||||||
2 | bullets to any
organization or person exempted in this | ||||||
3 | Section by a common carrier or by a
vehicle owned or leased | ||||||
4 | by an exempted manufacturer.
| ||||||
5 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
6 | persons licensed
under federal law to manufacture any device or | ||||||
7 | attachment of any kind designed,
used, or intended for use in | ||||||
8 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
9 | for those firearms equipped with those devices, and actually | ||||||
10 | engaged in the
business of manufacturing those devices, | ||||||
11 | firearms, or ammunition, but only with
respect to
activities | ||||||
12 | that are within the lawful scope of that business, such as the
| ||||||
13 | manufacture, transportation, or testing of those devices, | ||||||
14 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
15 | general private possession of any device or
attachment of any | ||||||
16 | kind designed, used, or intended for use in silencing the
| ||||||
17 | report of any firearm, but only such possession and activities | ||||||
18 | as are within
the
lawful scope of a licensed manufacturing | ||||||
19 | business described in this subsection
(g-5). During | ||||||
20 | transportation, these devices shall be detached from any weapon
| ||||||
21 | or
not immediately accessible.
| ||||||
22 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
23 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
24 | supervisor who meets the qualifications and conditions | ||||||
25 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
2 | officer while serving as a member of a tactical response team | ||||||
3 | or special operations team. A peace officer may not personally | ||||||
4 | own or apply for ownership of a device or attachment of any | ||||||
5 | kind designed, used, or intended for use in silencing the | ||||||
6 | report of any firearm. These devices shall be owned and | ||||||
7 | maintained by lawfully recognized units of government whose | ||||||
8 | duties include the investigation of criminal acts. | ||||||
9 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
10 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
11 | athlete's possession, transport on official Olympic and | ||||||
12 | Paralympic transit systems established for athletes, or use of | ||||||
13 | competition firearms sanctioned by the International Olympic | ||||||
14 | Committee, the International Paralympic Committee, the | ||||||
15 | International Shooting Sport Federation, or USA Shooting in | ||||||
16 | connection with such athlete's training for and participation | ||||||
17 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
18 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
19 | and Paralympic Games. | ||||||
20 | (h) An information or indictment based upon a violation of | ||||||
21 | any
subsection of this Article need not negative any exemptions | ||||||
22 | contained in
this Article. The defendant shall have the burden | ||||||
23 | of proving such an
exemption.
| ||||||
24 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
25 | affect
the transportation, carrying, or possession, of any | ||||||
26 | pistol or revolver,
stun gun, taser, or other firearm consigned |
| |||||||
| |||||||
1 | to a common carrier operating
under license of the State of | ||||||
2 | Illinois or the federal government, where
such transportation, | ||||||
3 | carrying, or possession is incident to the lawful
| ||||||
4 | transportation in which such common carrier is engaged; and | ||||||
5 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
6 | transportation, carrying,
or possession of any pistol, | ||||||
7 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
8 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
9 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
10 | carrying box, shipping box, or other container, by the | ||||||
11 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
12 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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