95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1954

 

Introduced 2/7/2008, by Sen. John O. Jones

 

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

    Amends the Criminal Code of 1961. Provides that a unit of local government, including a home rule unit, may not regulate the transportation of firearms and may not regulate the transportation of ammunition, components, accessories, or accoutrements for firearms. Provides that the provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than those that are imposed by this Code are invalid and all those existing ordinances and resolutions are void. Provides that this provision is a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-2 as follows:
 
6     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
7     Sec. 24-2. Exemptions.
8     (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and
9 Section 24-1.6 do not apply to or affect any of the following:
10         (1) Peace officers, and any person summoned by a peace
11     officer to assist in making arrests or preserving the
12     peace, while actually engaged in assisting such officer.
13         (2) Wardens, superintendents and keepers of prisons,
14     penitentiaries, jails and other institutions for the
15     detention of persons accused or convicted of an offense,
16     while in the performance of their official duty, or while
17     commuting between their homes and places of employment.
18         (3) Members of the Armed Services or Reserve Forces of
19     the United States or the Illinois National Guard or the
20     Reserve Officers Training Corps, while in the performance
21     of their official duty.
22         (4) Special agents employed by a railroad or a public
23     utility to perform police functions, and guards of armored

 

 

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1     car companies, while actually engaged in the performance of
2     the duties of their employment or commuting between their
3     homes and places of employment; and watchmen while actually
4     engaged in the performance of the duties of their
5     employment.
6         (5) Persons licensed as private security contractors,
7     private detectives, or private alarm contractors, or
8     employed by an agency certified by the Department of
9     Professional Regulation, if their duties include the
10     carrying of a weapon under the provisions of the Private
11     Detective, Private Alarm, Private Security, Fingerprint
12     Vendor, and Locksmith Act of 2004, while actually engaged
13     in the performance of the duties of their employment or
14     commuting between their homes and places of employment,
15     provided that such commuting is accomplished within one
16     hour from departure from home or place of employment, as
17     the case may be. Persons exempted under this subdivision
18     (a)(5) shall be required to have completed a course of
19     study in firearms handling and training approved and
20     supervised by the Department of Professional Regulation as
21     prescribed by Section 28 of the Private Detective, Private
22     Alarm, Private Security, Fingerprint Vendor, and Locksmith
23     Act of 2004, prior to becoming eligible for this exemption.
24     The Department of Professional Regulation shall provide
25     suitable documentation demonstrating the successful
26     completion of the prescribed firearms training. Such

 

 

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

 

 

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1     carried by the security guard at all times when he or she
2     is in possession of a concealable weapon.
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 for the
9     protection of other employees and property related to such
10     financial institution, while actually engaged in the
11     performance of their duties, commuting between their homes
12     and places of employment, or traveling between sites or
13     properties owned or operated by such financial
14     institution, provided that any person so employed has
15     successfully completed a course of study, approved by and
16     supervised by the Department of Professional Regulation,
17     consisting of not less than 40 hours of training which
18     includes theory of law enforcement, liability for acts, and
19     the handling of weapons. A person shall be considered to be
20     eligible for this exemption if he or she has completed the
21     required 20 hours of training for a security officer and 20
22     hours of required firearm training, and has been issued a
23     firearm control card by the Department of Professional
24     Regulation. Conditions for renewal of firearm control
25     cards issued under the provisions of this Section shall be
26     the same as for those issued under the provisions of the

 

 

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1     Private Detective, Private Alarm, Private Security,
2     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
3     control card shall be carried by the person so trained at
4     all times when such person is in possession of a
5     concealable weapon. For purposes of this subsection,
6     "financial institution" means a bank, savings and loan
7     association, credit union or company providing armored car
8     services.
9         (9) Any person employed by an armored car company to
10     drive an armored car, while actually engaged in the
11     performance of his duties.
12         (10) Persons who have been classified as peace officers
13     pursuant to the Peace Officer Fire Investigation Act.
14         (11) Investigators of the Office of the State's
15     Attorneys Appellate Prosecutor authorized by the board of
16     governors of the Office of the State's Attorneys Appellate
17     Prosecutor to carry weapons pursuant to Section 7.06 of the
18     State's Attorneys Appellate Prosecutor's Act.
19         (12) Special investigators appointed by a State's
20     Attorney under Section 3-9005 of the Counties Code.
21         (12.5) Probation officers while in the performance of
22     their duties, or while commuting between their homes,
23     places of employment or specific locations that are part of
24     their assigned duties, with the consent of the chief judge
25     of the circuit for which they are employed.
26         (13) Court Security Officers while in the performance

 

 

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1     of their official duties, or while commuting between their
2     homes and places of employment, with the consent of the
3     Sheriff.
4         (13.5) A person employed as an armed security guard at
5     a nuclear energy, storage, weapons or development site or
6     facility regulated by the Nuclear Regulatory Commission
7     who has completed the background screening and training
8     mandated by the rules and regulations of the Nuclear
9     Regulatory Commission.
10         (14) Manufacture, transportation, or sale of weapons
11     to persons authorized under subdivisions (1) through
12     (13.5) of this subsection to possess those weapons.
13     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
14 24-1.6 do not apply to or affect any of the following:
15         (1) Members of any club or organization organized for
16     the purpose of practicing shooting at targets upon
17     established target ranges, whether public or private, and
18     patrons of such ranges, while such members or patrons are
19     using their firearms on those target ranges.
20         (2) Duly authorized military or civil organizations
21     while parading, with the special permission of the
22     Governor.
23         (3) Hunters, trappers or fishermen with a license or
24     permit while engaged in hunting, trapping or fishing.
25         (4) Transportation of weapons that are broken down in a
26     non-functioning state or are not immediately accessible.

 

 

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1     (c) Subsection 24-1(a)(7) does not apply to or affect any
2 of the following:
3         (1) Peace officers while in performance of their
4     official duties.
5         (2) Wardens, superintendents and keepers of prisons,
6     penitentiaries, jails and other institutions for the
7     detention of persons accused or convicted of an offense.
8         (3) 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.
11         (4) Manufacture, transportation, or sale of machine
12     guns to persons authorized under subdivisions (1) through
13     (3) of this subsection to possess machine guns, if the
14     machine guns are broken down in a non-functioning state or
15     are not immediately accessible.
16         (5) Persons licensed under federal law to manufacture
17     any weapon from which 8 or more shots or bullets can be
18     discharged by a single function of the firing device, or
19     ammunition for such weapons, and actually engaged in the
20     business of manufacturing such weapons or ammunition, but
21     only with respect to activities which are within the lawful
22     scope of such business, such as the manufacture,
23     transportation, or testing of such weapons or ammunition.
24     This exemption does not authorize the general private
25     possession of any weapon from which 8 or more shots or
26     bullets can be discharged by a single function of the

 

 

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1     firing device, but only such possession and activities as
2     are within the lawful scope of a licensed manufacturing
3     business described in this paragraph.
4         During transportation, such weapons shall be broken
5     down in a non-functioning state or not immediately
6     accessible.
7         (6) The manufacture, transport, testing, delivery,
8     transfer or sale, and all lawful commercial or experimental
9     activities necessary thereto, of rifles, shotguns, and
10     weapons made from rifles or shotguns, or ammunition for
11     such rifles, shotguns or weapons, where engaged in by a
12     person operating as a contractor or subcontractor pursuant
13     to a contract or subcontract for the development and supply
14     of such rifles, shotguns, weapons or ammunition to the
15     United States government or any branch of the Armed Forces
16     of the United States, when such activities are necessary
17     and incident to fulfilling the terms of such contract.
18         The exemption granted under this subdivision (c)(6)
19     shall also apply to any authorized agent of any such
20     contractor or subcontractor who is operating within the
21     scope of his employment, where such activities involving
22     such weapon, weapons or ammunition are necessary and
23     incident to fulfilling the terms of such contract.
24         During transportation, any such weapon shall be broken
25     down in a non-functioning state, or not immediately
26     accessible.

 

 

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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     ordinance.
19         (3) Laboratories having a department of forensic
20     ballistics, or specializing in the development of
21     ammunition or explosive ordinance.
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

 

 

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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, those devices shall be detached from any weapon
21 or not immediately accessible.
22     (h) An information or indictment based upon a violation of
23 any subsection of this Article need not negative any exemptions
24 contained in this Article. The defendant shall have the burden
25 of proving such an exemption.
26     (i) (1) Nothing in this Article shall prohibit, apply to,

 

 

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1 or affect the transportation, carrying, or possession, of any
2 pistol or revolver, stun gun, taser, or other firearm consigned
3 to a common carrier operating under license of the State of
4 Illinois or the federal government, where such transportation,
5 carrying, or possession is incident to the lawful
6 transportation in which such common carrier is engaged; and
7 nothing in this Article shall prohibit, apply to, or affect the
8 transportation, carrying, or possession of any pistol,
9 revolver, stun gun, taser, or other firearm, not the subject of
10 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
11 this Article, which is unloaded and enclosed in a case, firearm
12 carrying box, shipping box, or other container, by the
13 possessor of a valid Firearm Owners Identification Card.
14     (2) The regulation of the transportation of firearms and
15 the transportation of ammunition, components, accessories, or
16 accoutrements for firearms are exclusive powers and functions
17 of the State. A unit of local government, including a home rule
18 unit, may not regulate the transportation of firearms and may
19 not regulate the transportation of ammunition, components,
20 accessories, or accoutrements for firearms.
21     (3) The provisions of any ordinance or resolution adopted
22 before, on, or after the effective date of this amendatory Act
23 of the 95th General Assembly by any unit of local government
24 that imposes restrictions or limitations on the transportation
25 of firearms and ammunition, components, accessories, and
26 accoutrements of firearms in a manner other than those that are

 

 

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1 imposed by this Code are invalid and all those existing
2 ordinances and resolutions are void.
3     (4) This subsection (i) is a limitation of home rule powers
4 under subsection (h) of Section 6 of Article VII of the
5 Illinois Constitution.
6 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.