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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 24-2 as follows:
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6 | (720 ILCS 5/24-2)
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7 | Sec. 24-2. Exemptions.
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8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | |||||||||||||||||||
9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | |||||||||||||||||||
10 | the following:
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11 | (1) Peace officers, and any person summoned by a peace | |||||||||||||||||||
12 | officer to
assist in making arrests or preserving the | |||||||||||||||||||
13 | peace, while actually engaged in
assisting such officer.
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14 | (2) Wardens, superintendents and keepers of prisons,
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15 | penitentiaries, jails and other institutions for the | |||||||||||||||||||
16 | detention of persons
accused or convicted of an offense, | |||||||||||||||||||
17 | while in the performance of their
official duty, or while | |||||||||||||||||||
18 | commuting between their homes and places of employment.
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19 | (3) Members of the Armed Services or Reserve Forces of | |||||||||||||||||||
20 | the United States
or the Illinois National Guard or the | |||||||||||||||||||
21 | Reserve Officers Training Corps,
while in the performance | |||||||||||||||||||
22 | of their official duty.
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23 | (4) Special agents employed by a railroad or a public |
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1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance | ||||||
3 | of the duties of their employment or
commuting between | ||||||
4 | their homes and places of employment; and watchmen
while | ||||||
5 | actually engaged in the performance of the duties of their | ||||||
6 | employment.
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7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by a private security contractor, private | ||||||
10 | detective, or private alarm contractor agency licensed
by | ||||||
11 | the Department of Financial and Professional Regulation, | ||||||
12 | if their duties
include the carrying of a weapon under the | ||||||
13 | provisions of the Private
Detective, Private Alarm,
| ||||||
14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
15 | 2004,
while actually
engaged in the performance of the | ||||||
16 | duties of their employment or commuting
between their | ||||||
17 | homes and places of employment. A person shall be | ||||||
18 | considered eligible for this
exemption if he or she has | ||||||
19 | completed the required 20
hours of training for a private | ||||||
20 | security contractor, private
detective, or private alarm | ||||||
21 | contractor, or employee of a licensed private security | ||||||
22 | contractor, private detective, or private alarm contractor | ||||||
23 | agency and 20 hours of required firearm
training, and has | ||||||
24 | been issued a firearm control card by
the Department of | ||||||
25 | Financial and Professional Regulation. Conditions for the | ||||||
26 | renewal of
firearm control cards issued under the |
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1 | provisions of this Section
shall be the same as for those | ||||||
2 | cards issued under the provisions of the
Private | ||||||
3 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
4 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
5 | card shall be carried by the private security contractor, | ||||||
6 | private
detective, or private alarm contractor, or | ||||||
7 | employee of the licensed private security contractor, | ||||||
8 | private detective, or private alarm contractor agency at | ||||||
9 | all
times when he or she is in possession of a concealable | ||||||
10 | weapon permitted by his or her firearm control card.
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11 | (6) Any person regularly employed in a commercial or | ||||||
12 | industrial
operation as a security guard for the | ||||||
13 | protection of persons employed
and private property | ||||||
14 | related to such commercial or industrial
operation, while | ||||||
15 | actually engaged in the performance of his or her
duty or | ||||||
16 | traveling between sites or properties belonging to the
| ||||||
17 | employer, and who, as a security guard, is a member of a | ||||||
18 | security force registered with the Department of Financial | ||||||
19 | and Professional
Regulation; provided that such security | ||||||
20 | guard has successfully completed a
course of study, | ||||||
21 | approved by and supervised by the Department of
Financial | ||||||
22 | and Professional Regulation, consisting of not less than | ||||||
23 | 40 hours of training
that includes the theory of law | ||||||
24 | enforcement, liability for acts, and the
handling of | ||||||
25 | weapons. A person shall be considered eligible for this
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26 | exemption if he or she has completed the required 20
hours |
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1 | of training for a security officer and 20 hours of | ||||||
2 | required firearm
training, and has been issued a firearm | ||||||
3 | control card by
the Department of Financial and | ||||||
4 | Professional Regulation. Conditions for the renewal of
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5 | firearm control cards issued under the provisions of this | ||||||
6 | Section
shall be the same as for those cards issued under | ||||||
7 | the provisions of the
Private Detective, Private Alarm,
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8 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
9 | 2004. The
firearm control card shall be carried by the | ||||||
10 | security guard at all
times when he or she is in possession | ||||||
11 | of a concealable weapon permitted by his or her firearm | ||||||
12 | control card.
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13 | (7) Agents and investigators of the Illinois | ||||||
14 | Legislative Investigating
Commission authorized by the | ||||||
15 | Commission to carry the weapons specified in
subsections | ||||||
16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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17 | any investigation for the Commission.
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18 | (8) Persons employed by a financial institution as a | ||||||
19 | security guard for the protection of
other employees and | ||||||
20 | property related to such financial institution, while
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21 | actually engaged in the performance of their duties, | ||||||
22 | commuting between
their homes and places of employment, or | ||||||
23 | traveling between sites or
properties owned or operated by | ||||||
24 | such financial institution, and who, as a security guard, | ||||||
25 | is a member of a security force registered with the | ||||||
26 | Department; provided that
any person so employed has |
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1 | successfully completed a course of study,
approved by and | ||||||
2 | supervised by the Department of Financial and Professional | ||||||
3 | Regulation,
consisting of not less than 40 hours of | ||||||
4 | training which includes theory of
law enforcement, | ||||||
5 | liability for acts, and the handling of weapons.
A person | ||||||
6 | shall be considered to be eligible for this exemption if | ||||||
7 | he or
she has completed the required 20 hours of training | ||||||
8 | for a security officer
and 20 hours of required firearm | ||||||
9 | training, and has been issued a
firearm control card by | ||||||
10 | the Department of Financial and Professional Regulation.
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11 | Conditions for renewal of firearm control cards issued | ||||||
12 | under the
provisions of this Section shall be the same as | ||||||
13 | for those issued under the
provisions of the Private | ||||||
14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
16 | card shall be carried by the security guard at all times | ||||||
17 | when he or she is in possession of a concealable
weapon | ||||||
18 | permitted by his or her firearm control card. For purposes | ||||||
19 | of this subsection, "financial institution" means a
bank, | ||||||
20 | savings and loan association, credit union or company | ||||||
21 | providing
armored car services.
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22 | (9) Any person employed by an armored car company to | ||||||
23 | drive an armored
car, while actually engaged in the | ||||||
24 | performance of his duties.
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25 | (10) Persons who have been classified as peace | ||||||
26 | officers pursuant
to the Peace Officer Fire Investigation |
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1 | Act.
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2 | (11) Investigators of the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
4 | governors of the Office of the
State's Attorneys Appellate | ||||||
5 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
6 | the State's Attorneys Appellate Prosecutor's Act.
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7 | (12) Special investigators appointed by a State's | ||||||
8 | Attorney under
Section 3-9005 of the Counties Code.
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9 | (12.5) Probation officers while in the performance of | ||||||
10 | their duties, or
while commuting between their homes, | ||||||
11 | places of employment or specific locations
that are part | ||||||
12 | of their assigned duties, with the consent of the chief | ||||||
13 | judge of
the circuit for which they are employed, if they | ||||||
14 | have received weapons training according
to requirements | ||||||
15 | of the Peace Officer and Probation Officer Firearm | ||||||
16 | Training Act.
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17 | (13) Court Security Officers while in the performance | ||||||
18 | of their official
duties, or while commuting between their | ||||||
19 | homes and places of employment, with
the
consent of the | ||||||
20 | Sheriff.
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21 | (13.5) A person employed as an armed security guard at | ||||||
22 | a nuclear energy,
storage, weapons or development site or | ||||||
23 | facility regulated by the Nuclear
Regulatory Commission | ||||||
24 | who has completed the background screening and training
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25 | mandated by the rules and regulations of the Nuclear | ||||||
26 | Regulatory Commission.
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1 | (14) Manufacture, transportation, or sale of weapons | ||||||
2 | to
persons
authorized under subdivisions (1) through | ||||||
3 | (13.5) of this
subsection
to
possess those weapons.
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4 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
5 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
6 | or handgun and the person has been issued a currently valid | ||||||
7 | license under the Firearm Concealed Carry Act at the time of | ||||||
8 | the commission of the offense. | ||||||
9 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
10 | to
or affect a qualified current or retired law enforcement | ||||||
11 | officer qualified under the laws of this State or under the | ||||||
12 | federal Law Enforcement Officers Safety Act. | ||||||
13 | (a-10) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
14 | to fire fighters who are (1) full-time, sworn, and | ||||||
15 | compensated; (2) have a valid concealed carry license; (3) | ||||||
16 | carry on duty; and (4) are approved to carry on duty by the | ||||||
17 | mayor, city council, village president, or village board of | ||||||
18 | trustees. | ||||||
19 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
20 | 24-1.6 do not
apply to or affect
any of the following:
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21 | (1) Members of any club or organization organized for | ||||||
22 | the purpose of
practicing shooting at targets upon | ||||||
23 | established target ranges, whether
public or private, and | ||||||
24 | patrons of such ranges, while such members
or patrons are | ||||||
25 | using their firearms on those target ranges.
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26 | (2) Duly authorized military or civil organizations |
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1 | while parading,
with the special permission of the | ||||||
2 | Governor.
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3 | (3) Hunters, trappers or fishermen with a license or
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4 | permit while engaged in hunting,
trapping or fishing.
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5 | (4) Transportation of weapons that are broken down in | ||||||
6 | a
non-functioning state or are not immediately accessible.
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7 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
8 | gun or taser or other firearm on the land or in the legal | ||||||
9 | dwelling of another person as an invitee with that | ||||||
10 | person's permission. | ||||||
11 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
12 | of the
following:
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13 | (1) Peace officers while in performance of their | ||||||
14 | official duties.
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15 | (2) Wardens, superintendents and keepers of prisons, | ||||||
16 | penitentiaries,
jails and other institutions for the | ||||||
17 | detention of persons accused or
convicted of an offense.
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18 | (3) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United States
or the Illinois National Guard, while in | ||||||
20 | the performance of their official
duty.
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21 | (4) Manufacture, transportation, or sale of machine | ||||||
22 | guns to persons
authorized under subdivisions (1) through | ||||||
23 | (3) of this subsection to
possess machine guns, if the | ||||||
24 | machine guns are broken down in a
non-functioning state or | ||||||
25 | are not immediately accessible.
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26 | (5) Persons licensed under federal law to manufacture |
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1 | any weapon from
which 8 or more shots or bullets can be | ||||||
2 | discharged by a
single function of the firing device, or | ||||||
3 | ammunition for such weapons, and
actually engaged in the | ||||||
4 | business of manufacturing such weapons or
ammunition, but | ||||||
5 | only with respect to activities which are within the | ||||||
6 | lawful
scope of such business, such as the manufacture, | ||||||
7 | transportation, or testing
of such weapons or ammunition. | ||||||
8 | This exemption does not authorize the
general private | ||||||
9 | possession of any weapon from which 8 or more
shots or | ||||||
10 | bullets can be discharged by a single function of the | ||||||
11 | firing
device, but only such possession and activities as | ||||||
12 | are within the lawful
scope of a licensed manufacturing | ||||||
13 | business described in this paragraph.
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14 | During transportation, such weapons shall be broken | ||||||
15 | down in a
non-functioning state or not immediately | ||||||
16 | accessible.
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17 | (6) The manufacture, transport, testing, delivery, | ||||||
18 | transfer or sale,
and all lawful commercial or | ||||||
19 | experimental activities necessary thereto, of
rifles, | ||||||
20 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
21 | ammunition for such rifles, shotguns or weapons, where | ||||||
22 | engaged in
by a person operating as a contractor or | ||||||
23 | subcontractor pursuant to a
contract or subcontract for | ||||||
24 | the development and supply of such rifles,
shotguns, | ||||||
25 | weapons or ammunition to the United States government or | ||||||
26 | any
branch of the Armed Forces of the United States, when |
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1 | such activities are
necessary and incident to fulfilling | ||||||
2 | the terms of such contract.
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3 | The exemption granted under this subdivision (c)(6)
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4 | shall also apply to any authorized agent of any such | ||||||
5 | contractor or
subcontractor who is operating within the | ||||||
6 | scope of his employment, where
such activities involving | ||||||
7 | such weapon, weapons or ammunition are necessary
and | ||||||
8 | incident to fulfilling the terms of such contract.
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9 | (7) A person possessing a rifle with a barrel or | ||||||
10 | barrels less than 16 inches in length if: (A) the person | ||||||
11 | has been issued a Curios and Relics license from the U.S. | ||||||
12 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
13 | (B) the person is an active member of a bona fide, | ||||||
14 | nationally recognized military re-enacting group and the | ||||||
15 | modification is required and necessary to accurately | ||||||
16 | portray the weapon for historical re-enactment purposes; | ||||||
17 | the re-enactor is in possession of a valid and current | ||||||
18 | re-enacting group membership credential; and the overall | ||||||
19 | length of the weapon as modified is not less than 26 | ||||||
20 | inches. | ||||||
21 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
22 | possession
or carrying of a black-jack or slung-shot by a | ||||||
23 | peace officer.
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24 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
25 | manager or
authorized employee of any place specified in that | ||||||
26 | subsection nor to any
law enforcement officer.
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1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
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6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
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8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
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11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordnance.
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13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordnance.
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16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply | ||||||
19 | of those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
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21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
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25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device |
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1 | or attachment of any kind designed,
used, or intended for use | ||||||
2 | in silencing the report of any firearm, firearms, or
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3 | ammunition
for those firearms equipped with those devices, and | ||||||
4 | actually engaged in the
business of manufacturing those | ||||||
5 | devices, firearms, or ammunition, but only with
respect to
| ||||||
6 | activities that are within the lawful scope of that business, | ||||||
7 | such as the
manufacture, transportation, or testing of those | ||||||
8 | devices, firearms, or
ammunition. This
exemption does not | ||||||
9 | authorize the general private possession of any device or
| ||||||
10 | attachment of any kind designed, used, or intended for use in | ||||||
11 | silencing the
report of any firearm, but only such possession | ||||||
12 | and activities as are within
the
lawful scope of a licensed | ||||||
13 | manufacturing business described in this subsection
(g-5). | ||||||
14 | During transportation, these devices shall be detached from | ||||||
15 | any weapon
or
not immediately accessible.
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16 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
18 | supervisor who meets the qualifications and conditions | ||||||
19 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
20 | Corrections. | ||||||
21 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
22 | officer while serving as a member of a tactical response team | ||||||
23 | or special operations team. A peace officer may not personally | ||||||
24 | own or apply for ownership of a device or attachment of any | ||||||
25 | kind designed, used, or intended for use in silencing the | ||||||
26 | report of any firearm. These devices shall be owned and |
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| |||||||
1 | maintained by lawfully recognized units of government whose | ||||||
2 | duties include the investigation of criminal acts. | ||||||
3 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
4 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
5 | athlete's possession, transport on official Olympic and | ||||||
6 | Paralympic transit systems established for athletes, or use of | ||||||
7 | competition firearms sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting in | ||||||
10 | connection with such athlete's training for and participation | ||||||
11 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
12 | Games and sanctioned test events leading up to the 2016 | ||||||
13 | Olympic and Paralympic Games. | ||||||
14 | (h) An information or indictment based upon a violation of | ||||||
15 | any
subsection of this Article need not negative any | ||||||
16 | exemptions contained in
this Article. The defendant shall have | ||||||
17 | the burden of proving such an
exemption.
| ||||||
18 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
19 | affect
the transportation, carrying, or possession, of any | ||||||
20 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
21 | consigned to a common carrier operating
under license of the | ||||||
22 | State of Illinois or the federal government, where
such | ||||||
23 | transportation, carrying, or possession is incident to the | ||||||
24 | lawful
transportation in which such common carrier is engaged; | ||||||
25 | and nothing in this
Article shall prohibit, apply to, or | ||||||
26 | affect the transportation, carrying,
or possession of any |
| |||||||
| |||||||
1 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
2 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
3 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
4 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
5 | other container, by the possessor of a valid
Firearm Owners | ||||||
6 | Identification Card.
| ||||||
7 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
|