Illinois General Assembly - Full Text of SB1458
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Full Text of SB1458  93rd General Assembly

SB1458ham001 93rd General Assembly


093_SB1458ham001











                                     LRB093 03568 RLC 14740 a

 1                    AMENDMENT TO SENATE BILL 1458

 2        AMENDMENT NO.     .  Amend Senate Bill 1458 as follows:

 3    on  page  3,  by  inserting  between  lines  25  and  26  the
 4    following:

 5        "Section 6.  The Criminal Code  of  1961  is  amended  by
 6    changing Section 24-2 as follows:

 7        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
 8        Sec. 24-2.  Exemptions.
 9        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
10    and Section 24-1.6 do not apply  to  or  affect  any  of  the
11    following:
12             (1)  Peace  officers,  and  any person summoned by a
13        peace officer to assist in making arrests  or  preserving
14        the  peace,  while  actually  engaged  in  assisting such
15        officer.
16             (2)  Wardens,   superintendents   and   keepers   of
17        prisons, penitentiaries, jails and other institutions for
18        the detention of  persons  accused  or  convicted  of  an
19        offense, while in the performance of their official duty,
20        or  while  commuting  between  their  homes and places of
21        employment.
 
                            -2-      LRB093 03568 RLC 14740 a
 1             (3)  Members of the Armed Services or Reserve Forces
 2        of the United States or the Illinois  National  Guard  or
 3        the   Reserve  Officers  Training  Corps,  while  in  the
 4        performance of their official duty.
 5             (4)  Special agents employed  by  a  railroad  or  a
 6        public utility to perform police functions, and guards of
 7        armored  car  companies,  while  actually  engaged in the
 8        performance  of  the  duties  of  their   employment   or
 9        commuting  between  their homes and places of employment;
10        and watchmen while actually engaged in the performance of
11        the duties of their employment.
12             (5)  Persons   licensed    as    private    security
13        contractors,   private   detectives,   or  private  alarm
14        contractors, or employed by an agency  certified  by  the
15        Department  of  Professional  Regulation, if their duties
16        include the carrying of a weapon under the provisions  of
17        the   Private   Detective,  Private  Alarm,  and  Private
18        Security Act of  1983,  while  actually  engaged  in  the
19        performance   of   the  duties  of  their  employment  or
20        commuting between their homes and places  of  employment,
21        provided  that  such commuting is accomplished within one
22        hour from departure from home or place of employment,  as
23        the case may be.  Persons exempted under this subdivision
24        (a)(5)  shall  be required to have completed  a course of
25        study in firearms  handling  and  training  approved  and
26        supervised  by  the Department of Professional Regulation
27        as prescribed by Section 28  of  the  Private  Detective,
28        Private Alarm, and Private Security Act of 1983, prior to
29        becoming  eligible for this exemption.  The Department of
30        Professional   Regulation    shall    provide    suitable
31        documentation  demonstrating the successful completion of
32        the prescribed  firearms  training.   Such  documentation
33        shall  be  carried  at all times when such persons are in
34        possession of a concealable weapon.
 
                            -3-      LRB093 03568 RLC 14740 a
 1             (6)  Any person regularly employed in  a  commercial
 2        or  industrial  operation  as  a  security  guard for the
 3        protection  of  persons  employed  and  private  property
 4        related to such commercial or industrial operation, while
 5        actually engaged in the performance of his or her duty or
 6        traveling between sites or properties  belonging  to  the
 7        employer,  and who, as a security guard, is a member of a
 8        security force of at least 5 persons registered with  the
 9        Department of Professional Regulation; provided that such
10        security  guard  has  successfully  completed a course of
11        study, approved by and supervised by  the  Department  of
12        Professional  Regulation,  consisting of not less than 40
13        hours  of  training  that  includes  the  theory  of  law
14        enforcement, liability for  acts,  and  the  handling  of
15        weapons.   A person shall be considered eligible for this
16        exemption if he or she  has  completed  the  required  20
17        hours  of training for a security officer and 20 hours of
18        required firearm training, and has been issued a  firearm
19        authorization  card  by  the  Department  of Professional
20        Regulation.   Conditions  for  the  renewal  of   firearm
21        authorization  cards  issued under the provisions of this
22        Section shall be the same as for those cards issued under
23        the provisions of the Private  Detective,  Private  Alarm
24        and   Private   Security   Act  of  1983.   Such  firearm
25        authorization card shall be carried by the security guard
26        at all times when  he  or  she  is  in  possession  of  a
27        concealable weapon.
28             (7)  Agents   and   investigators  of  the  Illinois
29        Legislative Investigating Commission  authorized  by  the
30        Commission  to carry the weapons specified in subsections
31        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
32        any investigation for the Commission.
33             (8)  Persons employed by a financial institution for
34        the protection of other employees and property related to
 
                            -4-      LRB093 03568 RLC 14740 a
 1        such financial institution, while actually engaged in the
 2        performance of  their  duties,  commuting  between  their
 3        homes  and  places  of  employment,  or traveling between
 4        sites or properties owned or operated by  such  financial
 5        institution,  provided  that  any  person so employed has
 6        successfully completed a course of study, approved by and
 7        supervised by the Department of Professional  Regulation,
 8        consisting  of  not  less than 40 hours of training which
 9        includes theory of law enforcement, liability  for  acts,
10        and the handling of weapons. A person shall be considered
11        to  be  eligible  for  this  exemption  if  he or she has
12        completed  the  required  20  hours  of  training  for  a
13        security  officer  and  20  hours  of  required   firearm
14        training,  and  has  been  issued a firearm authorization
15        card  by  the  Department  of  Professional   Regulation.
16        Conditions  for  renewal  of  firearm authorization cards
17        issued under the provisions of this Section shall be  the
18        same  as  for  those  issued  under the provisions of the
19        Private Detective, Private Alarm and Private Security Act
20        of  1983.   Such  firearm  authorization  card  shall  be
21        carried by the person so trained at all times  when  such
22        person  is  in  possession  of a concealable weapon.  For
23        purposes  of  this  subsection,  "financial  institution"
24        means a bank, savings and loan association, credit  union
25        or company providing armored car services.
26             (9)  Any  person  employed by an armored car company
27        to drive an armored car, while actually  engaged  in  the
28        performance of his duties.
29             (10)  Persons  who  have  been  classified  as peace
30        officers pursuant to the Peace Officer Fire Investigation
31        Act.
32             (11)  Investigators of the  Office  of  the  State's
33        Attorneys Appellate Prosecutor authorized by the board of
34        governors   of   the  Office  of  the  State's  Attorneys
 
                            -5-      LRB093 03568 RLC 14740 a
 1        Appellate Prosecutor to carry weapons pursuant to Section
 2        7.06 of the State's Attorneys Appellate Prosecutor's Act.
 3             (12)  Special investigators appointed by  a  State's
 4        Attorney under Section 3-9005 of the Counties Code.
 5             (12.5)  Probation  officers while in the performance
 6        of their duties, or while commuting between their  homes,
 7        places  of employment or specific locations that are part
 8        of their assigned duties, with the consent of  the  chief
 9        judge of the circuit for which they are employed.
10             (13)  Court   Security   Officers   while   in   the
11        performance  of their official duties, or while commuting
12        between their homes and places of  employment,  with  the
13        consent of the Sheriff.
14             (13.5)  A person employed as an armed security guard
15        at a nuclear energy, storage, weapons or development site
16        or   facility   regulated   by   the  Nuclear  Regulatory
17        Commission who has completed the background screening and
18        training mandated by the rules  and  regulations  of  the
19        Nuclear Regulatory Commission.
20             (14)  Manufacture,   transportation,   or   sale  of
21        weapons to  persons  authorized  under  subdivisions  (1)
22        through  (13.5)  of  this  subsection  to  possess  those
23        weapons.
24        (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
25    24-1.6 do not apply to or affect any of the following:
26             (1)  Members of any club or  organization  organized
27        for  the  purpose  of practicing shooting at targets upon
28        established target ranges, whether public or private, and
29        patrons of such ranges, while such members or patrons are
30        using their firearms on those target ranges.
31             (2)  Duly authorized military or civil organizations
32        while  parading,  with  the  special  permission  of  the
33        Governor.
34             (3)  Hunters, trappers or fishermen with  a  license
 
                            -6-      LRB093 03568 RLC 14740 a
 1        or permit while engaged in hunting, trapping or fishing.
 2             (4)  Transportation  of weapons that are broken down
 3        in  a  non-functioning  state  or  are  not   immediately
 4        accessible.
 5        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
 6    any of the following:
 7             (1)  Peace officers while in  performance  of  their
 8        official duties.
 9             (2)  Wardens,   superintendents   and   keepers   of
10        prisons, penitentiaries, jails and other institutions for
11        the  detention  of  persons  accused  or  convicted of an
12        offense.
13             (3)  Members of the Armed Services or Reserve Forces
14        of the United States  or  the  Illinois  National  Guard,
15        while in the performance of their official duty.
16             (4)  Manufacture, transportation, or sale of machine
17        guns to persons authorized under subdivisions (1) through
18        (3)  of  this  subsection to possess machine guns, if the
19        machine guns are broken down in a  non-functioning  state
20        or are not immediately accessible.
21             (5)  Persons   licensed   under   federal   law   to
22        manufacture  any  weapon  from  which  8 or more shots or
23        bullets can be discharged by a  single  function  of  the
24        firing  device,  or  ammunition  for  such  weapons,  and
25        actually  engaged  in  the business of manufacturing such
26        weapons  or  ammunition,  but  only   with   respect   to
27        activities  which  are  within  the  lawful scope of such
28        business, such as  the  manufacture,  transportation,  or
29        testing  of  such  weapons or ammunition.  This exemption
30        does not authorize the general private possession of  any
31        weapon  from  which  8  or  more  shots or bullets can be
32        discharged by a single function of the firing device, but
33        only such possession and activities  as  are  within  the
34        lawful   scope   of  a  licensed  manufacturing  business
 
                            -7-      LRB093 03568 RLC 14740 a
 1        described in this paragraph.
 2             During transportation, such weapons shall be  broken
 3        down  in  a  non-functioning  state  or  not  immediately
 4        accessible.
 5             (6)  The  manufacture, transport, testing, delivery,
 6        transfer  or  sale,  and   all   lawful   commercial   or
 7        experimental  activities  necessary  thereto,  of rifles,
 8        shotguns, and weapons made from rifles  or  shotguns,  or
 9        ammunition  for  such  rifles, shotguns or weapons, where
10        engaged in by a  person  operating  as  a  contractor  or
11        subcontractor  pursuant  to a contract or subcontract for
12        the development and  supply  of  such  rifles,  shotguns,
13        weapons  or ammunition to the United States government or
14        any branch of the Armed Forces of the United States, when
15        such activities are necessary and incident to  fulfilling
16        the terms of such contract.
17             The  exemption granted under this subdivision (c)(6)
18        shall also apply to any  authorized  agent  of  any  such
19        contractor  or  subcontractor who is operating within the
20        scope of his employment, where such activities  involving
21        such  weapon,  weapons  or  ammunition  are necessary and
22        incident to fulfilling the terms of such contract.
23             During transportation,  any  such  weapon  shall  be
24        broken   down   in   a   non-functioning  state,  or  not
25        immediately accessible.
26        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
27    purchase,   possession   or   carrying  of  a  black-jack  or
28    slung-shot by a peace officer.
29        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
30    manager or authorized employee of any place specified in that
31    subsection nor to any law enforcement officer.
32        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
33    Section  24-1.6  do  not  apply  to  members  of  any club or
34    organization organized for the purpose of practicing shooting
 
                            -8-      LRB093 03568 RLC 14740 a
 1    at targets upon established target ranges, whether public  or
 2    private, while using their firearms on those target ranges.
 3        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
 4    apply to:
 5             (1)  Members of the Armed Services or Reserve Forces
 6        of  the  United  States  or  the Illinois National Guard,
 7        while in the performance of their official duty.
 8             (2)  Bonafide  collectors  of  antique  or   surplus
 9        military ordinance.
10             (3)  Laboratories  having  a  department of forensic
11        ballistics,  or  specializing  in  the   development   of
12        ammunition or explosive ordinance.
13             (4)  Commerce,  preparation,  assembly or possession
14        of  explosive  bullets  by  manufacturers  of  ammunition
15        licensed by the federal government,  in  connection  with
16        the supply of those organizations and persons exempted by
17        subdivision (g)(1) of this Section, or like organizations
18        and  persons outside this State, or the transportation of
19        explosive bullets to any organization or person  exempted
20        in this Section by a common carrier or by a vehicle owned
21        or leased by an exempted manufacturer.
22        (h)  An  information or indictment based upon a violation
23    of any subsection of  this  Article  need  not  negative  any
24    exemptions  contained  in  this Article.  The defendant shall
25    have the burden of proving such an exemption.
26        (i)  Nothing in this Article shall prohibit, apply to, or
27    affect the transportation, carrying, or  possession,  of  any
28    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
29    consigned  to a common carrier operating under license of the
30    State of Illinois  or  the  federal  government,  where  such
31    transportation,  carrying,  or  possession is incident to the
32    lawful  transportation  in  which  such  common  carrier   is
33    engaged;  and  nothing  in this Article shall prohibit, apply
34    to, or affect the transportation, carrying, or possession  of
 
                            -9-      LRB093 03568 RLC 14740 a
 1    any  pistol, revolver, stun gun, taser, or other firearm, not
 2    the 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. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
 8    92-325, eff. 8-9-01.)".