| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Private Detective, Private Alarm, Private | |||||||||||||||||||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | |||||||||||||||||||||||
6 | amended by changing Sections 20-10 and 40-10 as follows:
| |||||||||||||||||||||||
7 | (225 ILCS 447/20-10)
| |||||||||||||||||||||||
8 | (Section scheduled to be repealed on January 1, 2024)
| |||||||||||||||||||||||
9 | Sec. 20-10. Qualifications for licensure as a private
alarm | |||||||||||||||||||||||
10 | contractor. | |||||||||||||||||||||||
11 | (a) A person is qualified for licensure as a private
alarm | |||||||||||||||||||||||
12 | contractor if he or she meets all of the following
| |||||||||||||||||||||||
13 | requirements:
| |||||||||||||||||||||||
14 | (1) Is at least 21 years of age.
| |||||||||||||||||||||||
15 | (2) Has not been convicted of any felony in any
| |||||||||||||||||||||||
16 | jurisdiction or at least 10 years have elapsed since the | |||||||||||||||||||||||
17 | time
of full discharge from a sentence imposed for a felony
| |||||||||||||||||||||||
18 | conviction.
| |||||||||||||||||||||||
19 | (3) Is of good moral character. Good moral
character is | |||||||||||||||||||||||
20 | a continuing requirement of licensure.
Conviction of | |||||||||||||||||||||||
21 | crimes other than felonies may be used in
determining moral | |||||||||||||||||||||||
22 | character, but shall not constitute an
absolute bar to | |||||||||||||||||||||||
23 | licensure, except where the applicant is a registered sex |
| |||||||
| |||||||
1 | offender.
| ||||||
2 | (4) Has not been declared by any court of competent
| ||||||
3 | jurisdiction to be incompetent by reason of mental or | ||||||
4 | physical
defect or disease, unless a court has subsequently | ||||||
5 | declared
him or her to be competent.
| ||||||
6 | (5) Is not suffering from dependence on alcohol or
from | ||||||
7 | narcotic addiction or dependence.
| ||||||
8 | (6) Has a minimum of 3 years experience during the 5
| ||||||
9 | years immediately preceding the application (i) working as | ||||||
10 | a full-time
manager for a licensed private alarm contractor | ||||||
11 | agency or (ii) working for
a government, one of the armed | ||||||
12 | forces of the United States, or private entity that | ||||||
13 | inspects, reviews, designs, sells, installs, operates, | ||||||
14 | services, or monitors
alarm systems that, in the judgment | ||||||
15 | of the Board, satisfies
the standards of alarm industry | ||||||
16 | competence. The Board and the Department may
accept, in | ||||||
17 | lieu of the experience requirement in this
item (6), | ||||||
18 | alternative experience working as a full-time
manager for a | ||||||
19 | private alarm contractor agency licensed in
another state | ||||||
20 | or for a private alarm contractor agency in
a state that | ||||||
21 | does not license such agencies, if the
experience is | ||||||
22 | substantially equivalent to that
gained working for an | ||||||
23 | Illinois licensed private alarm
contractor agency. An | ||||||
24 | applicant who
has received a 4-year degree or higher in | ||||||
25 | electrical
engineering or a related field from a program | ||||||
26 | approved by the
Board or a business degree from an |
| |||||||
| |||||||
1 | accredited college or university shall be given credit for | ||||||
2 | 2 years of the required
experience. An applicant who has | ||||||
3 | successfully completed a
national certification program | ||||||
4 | approved by the Board shall be
given credit for one year of | ||||||
5 | the required experience.
| ||||||
6 | (7) Has not been dishonorably discharged from the
armed | ||||||
7 | forces of the United States.
| ||||||
8 | (8) Has passed an examination authorized by the
| ||||||
9 | Department.
| ||||||
10 | (9) Submits his or her fingerprints, proof of
having | ||||||
11 | general liability insurance required under subsection
(c), | ||||||
12 | and the required license fee.
| ||||||
13 | (10) Has not violated Section 10-5 of this Act.
| ||||||
14 | (b) (Blank).
| ||||||
15 | (c) It is the responsibility of the applicant to obtain
| ||||||
16 | general liability insurance in an amount and coverage
| ||||||
17 | appropriate for the applicant's circumstances as determined by
| ||||||
18 | rule. The applicant shall provide evidence of insurance to
the | ||||||
19 | Department before being issued a license. Failure to
maintain | ||||||
20 | general liability insurance and to provide the
Department with | ||||||
21 | written proof of the insurance shall result in
cancellation of | ||||||
22 | the license without hearing.
| ||||||
23 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
24 | (225 ILCS 447/40-10)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 40-10. Disciplinary sanctions.
| ||||||
2 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
3 | restore or may reprimand, place on probation, suspend,
revoke, | ||||||
4 | or take other disciplinary or non-disciplinary action against | ||||||
5 | any license, registration, permanent employee
registration | ||||||
6 | card, canine handler authorization card, canine trainer | ||||||
7 | authorization card, or firearm control
card, may
impose a fine | ||||||
8 | not to exceed $10,000 for each violation, and may assess costs | ||||||
9 | as provided for under Section 45-60, for
any of the following:
| ||||||
10 | (1) Fraud, deception, or misrepresentation in | ||||||
11 | obtaining or renewing of
a license or registration.
| ||||||
12 | (2) Professional incompetence as manifested by poor
| ||||||
13 | standards of service.
| ||||||
14 | (3) Engaging in dishonorable, unethical, or
| ||||||
15 | unprofessional conduct of a character likely to deceive,
| ||||||
16 | defraud, or harm the public.
| ||||||
17 | (4) Conviction of or by plea of guilty or plea of nolo | ||||||
18 | contendere to a felony or misdemeanor in this State or any | ||||||
19 | other jurisdiction or the entry of an administrative | ||||||
20 | sanction by a government agency in this State or any other | ||||||
21 | jurisdiction; action taken under this paragraph (4) for a | ||||||
22 | misdemeanor or an administrative sanction is limited to a | ||||||
23 | misdemeanor or administrative sanction that has as an | ||||||
24 | essential element dishonesty or fraud or involves larceny, | ||||||
25 | embezzlement, or obtaining money, property, or credit by | ||||||
26 | false pretenses or by means of a confidence game. , finding |
| |||||||
| |||||||
1 | of guilt, jury verdict, or entry of judgment or by | ||||||
2 | sentencing of any crime including, but not limited to, | ||||||
3 | convictions, preceding sentences of supervision, | ||||||
4 | conditional discharge, or first offender probation, under | ||||||
5 | the laws of any jurisdiction of the United States that is | ||||||
6 | (i) a felony in
a federal court; or (ii) a misdemeanor, an | ||||||
7 | essential element of which
is dishonesty, or that is | ||||||
8 | directly related to the practice of the profession.
| ||||||
9 | (5) Performing any services in a grossly negligent
| ||||||
10 | manner or permitting any of a licensee's employees to | ||||||
11 | perform
services in a grossly negligent manner, regardless | ||||||
12 | of whether
actual damage to the public is established.
| ||||||
13 | (6) Continued practice, although the person
has become | ||||||
14 | unfit to practice due to any of the
following:
| ||||||
15 | (A) Physical illness, mental illness, or other | ||||||
16 | impairment, including, but not
limited to, | ||||||
17 | deterioration through the aging process or loss of
| ||||||
18 | motor skills that results in the inability to serve the | ||||||
19 | public
with reasonable judgment, skill, or safety.
| ||||||
20 | (B) (Blank).
| ||||||
21 | (C) Habitual or excessive use or abuse of drugs | ||||||
22 | defined in law as controlled substances, alcohol, or | ||||||
23 | any other substance that results in the inability to | ||||||
24 | practice with reasonable judgment, skill, or safety.
| ||||||
25 | (7) Receiving, directly or indirectly, compensation
| ||||||
26 | for any services not rendered.
|
| |||||||
| |||||||
1 | (8) Willfully deceiving or defrauding the public on
a | ||||||
2 | material matter.
| ||||||
3 | (9) Failing to account for or remit any moneys or
| ||||||
4 | documents coming into the licensee's possession that
| ||||||
5 | belong to another person or entity.
| ||||||
6 | (10) Discipline by another United States
jurisdiction, | ||||||
7 | foreign nation, or governmental agency, if at least one of | ||||||
8 | the grounds
for the discipline is the same or substantially | ||||||
9 | equivalent to
those set forth in this Act.
| ||||||
10 | (11) Giving differential treatment to a person that
is | ||||||
11 | to that person's detriment because of race, color, creed,
| ||||||
12 | sex, religion, or national origin.
| ||||||
13 | (12) Engaging in false or misleading advertising.
| ||||||
14 | (13) Aiding, assisting, or willingly permitting
| ||||||
15 | another person to violate this Act or rules promulgated | ||||||
16 | under
it.
| ||||||
17 | (14) Performing and charging for services without
| ||||||
18 | authorization to do so from the person or entity serviced.
| ||||||
19 | (15) Directly or indirectly offering or accepting
any | ||||||
20 | benefit to or from any employee, agent, or fiduciary
| ||||||
21 | without the consent of the latter's employer or principal | ||||||
22 | with
intent to or the understanding that this action will | ||||||
23 | influence
his or her conduct in relation to his or her | ||||||
24 | employer's or
principal's affairs.
| ||||||
25 | (16) Violation of any disciplinary order imposed on
a | ||||||
26 | licensee by the Department.
|
| |||||||
| |||||||
1 | (17) Performing any act or practice that is a violation | ||||||
2 | of this Act or the rules for the administration of this | ||||||
3 | Act, or having a conviction or administrative finding of | ||||||
4 | guilty as a result of violating any federal or State laws, | ||||||
5 | rules, or regulations that apply exclusively to the | ||||||
6 | practices of private detectives, private alarm | ||||||
7 | contractors, private security contractors, fingerprint | ||||||
8 | vendors, or locksmiths.
| ||||||
9 | (18) Conducting an agency without a valid license.
| ||||||
10 | (19) Revealing confidential information, except as
| ||||||
11 | required by law, including but not limited to information
| ||||||
12 | available under Section 2-123 of the Illinois Vehicle Code.
| ||||||
13 | (20) Failing to make available to the Department,
upon | ||||||
14 | request, any books, records, or forms required by this
Act.
| ||||||
15 | (21) Failing, within 30 days, to respond to a
written | ||||||
16 | request for information from the Department.
| ||||||
17 | (22) Failing to provide employment information or
| ||||||
18 | experience information required by the Department | ||||||
19 | regarding an
applicant for licensure.
| ||||||
20 | (23) Failing to make available to the Department at
the | ||||||
21 | time of the request any indicia of licensure or
| ||||||
22 | registration issued under this Act.
| ||||||
23 | (24) Purporting to be a licensee-in-charge of an
agency | ||||||
24 | without active participation in the agency.
| ||||||
25 | (25) A finding by the Department that the licensee, | ||||||
26 | after having his or her license placed on probationary |
| |||||||
| |||||||
1 | status, has violated the terms of probation. | ||||||
2 | (26) Violating subsection (f) of Section 30-30. | ||||||
3 | (27) A firearm control card holder having more firearms | ||||||
4 | in his or her immediate possession than he or she can | ||||||
5 | reasonably exercise control over. | ||||||
6 | (28) Failure to report in writing to the Department, | ||||||
7 | within 60 days of an entry of a settlement or a verdict in | ||||||
8 | excess of $10,000, any legal action in which the quality of | ||||||
9 | the licensee's or registrant's professional services was | ||||||
10 | the subject of the legal action. | ||||||
11 | (b) All fines imposed under this Section shall be paid | ||||||
12 | within 60 days after the effective date of the order imposing | ||||||
13 | the fine.
| ||||||
14 | (c) The Department shall adopt rules that set forth | ||||||
15 | standards of service for the following:
(i) acceptable error | ||||||
16 | rate in the transmission of fingerprint images and other data | ||||||
17 | to the Department of State Police;
(ii) acceptable error rate | ||||||
18 | in the collection and documentation of information used to | ||||||
19 | generate
fingerprint work orders;
and (iii) any other standard | ||||||
20 | of service that affects fingerprinting services as determined | ||||||
21 | by the
Department.
| ||||||
22 | The determination by a circuit court that a licensee is | ||||||
23 | subject to involuntary admission or judicial admission, as | ||||||
24 | provided in the Mental Health and Developmental Disabilities | ||||||
25 | Code, operates as an automatic suspension. The suspension will | ||||||
26 | end only upon a finding by a court that the patient is no |
| |||||||
| |||||||
1 | longer subject to involuntary admission or judicial admission | ||||||
2 | and the issuance of an order so finding and discharging the | ||||||
3 | patient. | ||||||
4 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
5 | Section 10. The Criminal Code of 2012 is amended by | ||||||
6 | changing Section 24-2 as follows:
| ||||||
7 | (720 ILCS 5/24-2)
| ||||||
8 | Sec. 24-2. Exemptions.
| ||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
10 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
11 | the following:
| ||||||
12 | (1) Peace officers, and any person summoned by a peace | ||||||
13 | officer to
assist in making arrests or preserving the | ||||||
14 | peace, while actually engaged in
assisting such officer.
| ||||||
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, | ||||||
18 | while in the performance of their
official duty, or while | ||||||
19 | commuting between their homes and places of employment.
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard or the | ||||||
22 | Reserve Officers Training Corps,
while in the performance | ||||||
23 | of their official duty.
| ||||||
24 | (4) Special agents employed by a railroad or a public |
| |||||||
| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance of | ||||||
3 | the duties of their employment or
commuting between their | ||||||
4 | homes and places of employment; and watchmen
while actually | ||||||
5 | engaged in the performance of the duties of their | ||||||
6 | employment.
| ||||||
7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by an agency
certified by the Department of | ||||||
10 | Financial and Professional Regulation, if their duties
| ||||||
11 | include the carrying of a weapon under the provisions of | ||||||
12 | the Private
Detective, Private Alarm,
Private Security, | ||||||
13 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
14 | actually
engaged in the performance of the duties of their | ||||||
15 | employment or commuting
between their homes and places of | ||||||
16 | employment, provided that such commuting
is accomplished | ||||||
17 | within one hour from departure from home or place of
| ||||||
18 | employment, as the case may be. A person shall be | ||||||
19 | considered eligible for this
exemption if he or she has | ||||||
20 | completed the required 20
hours of training for a private | ||||||
21 | security contractor, private
detective, or private alarm | ||||||
22 | contractor, or employee of a licensed agency and 20 hours | ||||||
23 | of required firearm
training, and has been issued a firearm | ||||||
24 | control card by
the Department of Financial and | ||||||
25 | Professional Regulation. Conditions for the renewal of
| ||||||
26 | firearm control cards issued under the provisions of this |
| |||||||
| |||||||
1 | Section
shall be the same as for those cards issued under | ||||||
2 | the provisions of the
Private Detective, Private Alarm,
| ||||||
3 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
4 | 2004. The
firearm control card shall be carried by the | ||||||
5 | private security contractor, private
detective, or private | ||||||
6 | alarm contractor, or employee of the licensed agency at all
| ||||||
7 | times when he or she is in possession of a concealable | ||||||
8 | weapon.
| ||||||
9 | (6) Any person regularly employed in a commercial or | ||||||
10 | industrial
operation as a security guard for the protection | ||||||
11 | of persons employed
and private property related to such | ||||||
12 | commercial or industrial
operation, while actually engaged | ||||||
13 | in the performance of his or her
duty or traveling between | ||||||
14 | sites or properties belonging to the
employer, and who, as | ||||||
15 | a security guard, is a member of a security force of
at | ||||||
16 | least 5 persons registered with the Department of Financial | ||||||
17 | and Professional
Regulation; provided that such security | ||||||
18 | guard has successfully completed a
course of study, | ||||||
19 | approved by and supervised by the Department of
Financial | ||||||
20 | and Professional Regulation, consisting of not less than 40 | ||||||
21 | hours of training
that includes the theory of law | ||||||
22 | enforcement, liability for acts, and the
handling of | ||||||
23 | weapons. A person shall be considered eligible for this
| ||||||
24 | exemption if he or she has completed the required 20
hours | ||||||
25 | of training for a security officer and 20 hours of required | ||||||
26 | firearm
training, and has been issued a firearm control |
| |||||||
| |||||||
1 | card by
the Department of Financial and Professional | ||||||
2 | Regulation. Conditions for the renewal of
firearm control | ||||||
3 | cards issued under the provisions of this Section
shall be | ||||||
4 | the same as for those cards issued under the provisions of | ||||||
5 | the
Private Detective, Private Alarm,
Private Security, | ||||||
6 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
7 | control card shall be carried by the security guard at all
| ||||||
8 | times when he or she is in possession of a concealable | ||||||
9 | weapon.
| ||||||
10 | (7) Agents and investigators of the Illinois | ||||||
11 | Legislative Investigating
Commission authorized by the | ||||||
12 | Commission to carry the weapons specified in
subsections | ||||||
13 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
14 | any investigation for the Commission.
| ||||||
15 | (8) Persons employed by a financial institution for the | ||||||
16 | protection of
other employees and property related to such | ||||||
17 | financial institution, while
actually engaged in the | ||||||
18 | performance of their duties, commuting between
their homes | ||||||
19 | and places of employment, or traveling between sites or
| ||||||
20 | properties owned or operated by such financial | ||||||
21 | institution, provided that
any person so employed has | ||||||
22 | successfully completed a course of study,
approved by and | ||||||
23 | supervised by the Department of Financial and Professional | ||||||
24 | Regulation,
consisting of not less than 40 hours of | ||||||
25 | training which includes theory of
law enforcement, | ||||||
26 | liability for acts, and the handling of weapons.
A person |
| |||||||
| |||||||
1 | shall be considered to be eligible for this exemption if he | ||||||
2 | or
she has completed the required 20 hours of training for | ||||||
3 | a security officer
and 20 hours of required firearm | ||||||
4 | training, and has been issued a
firearm control card by the | ||||||
5 | Department of Financial and Professional Regulation.
| ||||||
6 | Conditions for renewal of firearm control cards issued | ||||||
7 | under the
provisions of this Section shall be the same as | ||||||
8 | for those issued under the
provisions of the Private | ||||||
9 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
10 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
11 | card shall be carried by the person so
trained at all times | ||||||
12 | when such person is in possession of a concealable
weapon. | ||||||
13 | For purposes of this subsection, "financial institution" | ||||||
14 | means a
bank, savings and loan association, credit union or | ||||||
15 | company providing
armored car services.
| ||||||
16 | (9) Any person employed by an armored car company to | ||||||
17 | drive an armored
car, while actually engaged in the | ||||||
18 | performance of his duties.
| ||||||
19 | (10) Persons who have been classified as peace officers | ||||||
20 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
21 | (11) Investigators of the Office of the State's | ||||||
22 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
23 | governors of the Office of the
State's Attorneys Appellate | ||||||
24 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
25 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
26 | (12) Special investigators appointed by a State's |
| |||||||
| |||||||
1 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
2 | (12.5) Probation officers while in the performance of | ||||||
3 | their duties, or
while commuting between their homes, | ||||||
4 | places of employment or specific locations
that are part of | ||||||
5 | their assigned duties, with the consent of the chief judge | ||||||
6 | of
the circuit for which they are employed, if they have | ||||||
7 | received weapons training according
to requirements of the | ||||||
8 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
9 | (13) Court Security Officers while in the performance | ||||||
10 | of their official
duties, or while commuting between their | ||||||
11 | homes and places of employment, with
the
consent of the | ||||||
12 | Sheriff.
| ||||||
13 | (13.5) A person employed as an armed security guard at | ||||||
14 | a nuclear energy,
storage, weapons or development site or | ||||||
15 | facility regulated by the Nuclear
Regulatory Commission | ||||||
16 | who has completed the background screening and training
| ||||||
17 | mandated by the rules and regulations of the Nuclear | ||||||
18 | Regulatory Commission.
| ||||||
19 | (14) Manufacture, transportation, or sale of weapons | ||||||
20 | to
persons
authorized under subdivisions (1) through | ||||||
21 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
22 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
23 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
24 | or handgun and the person has been issued a currently valid | ||||||
25 | license under the Firearm Concealed Carry Act at the time of | ||||||
26 | the commission of the offense. |
| |||||||
| |||||||
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 | 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
|
| |||||||
| |||||||
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. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
13 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
14 | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law. |