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90_HB2634
50 ILCS 705/8.3 new
720 ILCS 5/24-2 from Ch. 38, par. 24-2
Amends the Illinois Police Training Act and the Criminal
Code of 1961. Exempts from provisions prohibiting the
carrying of a firearm concealed on one's person or in a
vehicle, retired peace officers who within the preceding 12
month period, completed the course of fire required by the
Illinois Law Enforcement Training Standards Board for active
officers for firearm qualification certification.
LRB9009010RCks
LRB9009010RCks
1 AN ACT to permit retired peace officers to carry
2 concealed firearms, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Police Training Act is amended
6 by adding Section 8.3 as follows:
7 (50 ILCS 705/8.3 new)
8 Sec. 8.3. Concealed weapons identification.
9 (a) In this Section, "retired peace officer" means:
10 (1) a graduate of a police training institute or
11 academy, and who thereafter served for at least 15
12 consecutive years as a sworn, full-time peace officer
13 qualified to carry firearms for any federal or State
14 department or agency; or for any unit of local government
15 of Illinois; and
16 (2) who has retired as a local, State or federal
17 peace officer in a publicly created peace officer
18 retirement system; and
19 (3) whose service in law enforcement was honorably
20 terminated through retirement or disability, and not as a
21 result of discipline, suspension or discharge; and
22 (4) who possesses a currently valid Firearm Owner's
23 Identification Card issued under the Firearm Owners
24 Identification Card Act, and a currently valid Illinois
25 driver's license; and
26 (5) who has, within the preceding 12 month period,
27 completed the course of fire required by the Illinois Law
28 Enforcement Training Standards Board for active officers
29 for firearm qualification certification.
30 (b) Duties of Board. The Illinois Law Enforcement
31 Training Standards Board shall issue appropriate concealed
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1 weapons identification, valid for a period of one year from
2 the date of issuance, to any person presenting certified
3 documentation in a form acceptable to it of an applicant's
4 fulfilling the requirements of this Section, and its
5 verification of that information by independent inquiry of
6 the retiree's identified police agency, force, or employing
7 jurisdiction, and requisite firearms qualification.
8 The retired officer shall be allowed to discharge the
9 course of fire requirement of this Section at any firing
10 range certified by the Board, under the observance of a Board
11 certified firearm training instructor or other suitable
12 monitor approved by the Board. The retired officer shall be
13 responsible for obtaining a range and a certified or approved
14 instructor to monitor and certify his or her qualifying
15 course of fire and shall bear all expenses related to a
16 requirement of weapons qualification or reunifications,
17 including the cost of ammunition, range and instructor fees.
18 The Board may charge a reasonable fee for the processing
19 of applications and the provision of concealed weapons
20 identification. The fee shall be deposited into the Traffic
21 and Criminal Conviction Surcharge Fund. Expenditures for
22 activities related to the processing of applications and the
23 provision of identification shall be considered ordinary and
24 contingent expenses as described in subsection (1) of Section
25 9 of this Act.
26 Section 10. The Criminal Code of 1961 is amended by
27 changing Section 24-2 as follows:
28 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
29 Sec. 24-2. Exemptions.
30 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
31 do not apply to or affect any of the following:
32 (1) Peace officers, and any person summoned by a
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1 peace officer to assist in making arrests or preserving
2 the peace, while actually engaged in assisting such
3 officer.
4 (2) Wardens, superintendents and keepers of
5 prisons, penitentiaries, jails and other institutions for
6 the detention of persons accused or convicted of an
7 offense, while in the performance of their official duty,
8 or while commuting between their homes and places of
9 employment.
10 (3) Members of the Armed Services or Reserve Forces
11 of the United States or the Illinois National Guard or
12 the Reserve Officers Training Corps, while in the
13 performance of their official duty.
14 (4) Special agents employed by a railroad or a
15 public utility to perform police functions, and guards of
16 armored car companies, while actually engaged in the
17 performance of the duties of their employment or
18 commuting between their homes and places of employment;
19 and watchmen while actually engaged in the performance of
20 the duties of their employment.
21 (5) Persons licensed as private security
22 contractors, private detectives, or private alarm
23 contractors, or employed by an agency certified by the
24 Department of Professional Regulation, if their duties
25 include the carrying of a weapon under the provisions of
26 the Private Detective, Private Alarm, and Private
27 Security Act of 1983, while actually engaged in the
28 performance of the duties of their employment or
29 commuting between their homes and places of employment,
30 provided that such commuting is accomplished within one
31 hour from departure from home or place of employment, as
32 the case may be. Persons exempted under this subdivision
33 (a)(5) shall be required to have completed a course of
34 study in firearms handling and training approved and
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1 supervised by the Department of Professional Regulation
2 as prescribed by Section 28 of the Private Detective,
3 Private Alarm, and Private Security Act of 1983, prior to
4 becoming eligible for this exemption. The Department of
5 Professional Regulation shall provide suitable
6 documentation demonstrating the successful completion of
7 the prescribed firearms training. Such documentation
8 shall be carried at all times when such persons are in
9 possession of a concealable weapon.
10 (6) Any person regularly employed in a commercial
11 or industrial operation as a security guard for the
12 protection of persons employed and private property
13 related to such commercial or industrial operation, while
14 actually engaged in the performance of his or her duty or
15 traveling between sites or properties belonging to the
16 employer, and who, as a security guard, is a member of a
17 security force of at least 5 persons registered with the
18 Department of Professional Regulation; provided that such
19 security guard has successfully completed a course of
20 study, approved by and supervised by the Department of
21 Professional Regulation, consisting of not less than 40
22 hours of training that includes the theory of law
23 enforcement, liability for acts, and the handling of
24 weapons. A person shall be considered eligible for this
25 exemption if he or she has completed the required 20
26 hours of training for a security officer and 20 hours of
27 required firearm training, and has been issued a firearm
28 authorization card by the Department of Professional
29 Regulation. Conditions for the renewal of firearm
30 authorization cards issued under the provisions of this
31 Section shall be the same as for those cards issued under
32 the provisions of the Private Detective, Private Alarm
33 and Private Security Act of 1983. Such firearm
34 authorization card shall be carried by the security guard
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1 at all times when he or she is in possession of a
2 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
9 the protection of other employees and property related to
10 such financial institution, while actually engaged in the
11 performance of their duties, commuting between their
12 homes and places of employment, or traveling between
13 sites or 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,
19 and the handling of weapons. A person shall be considered
20 to be eligible for this exemption if he or she has
21 completed the required 20 hours of training for a
22 security officer and 20 hours of required firearm
23 training, and has been issued a firearm authorization
24 card by the Department of Professional Regulation.
25 Conditions for renewal of firearm authorization cards
26 issued under the provisions of this Section shall be the
27 same as for those issued under the provisions of the
28 Private Detective, Private Alarm and Private Security Act
29 of 1983. Such firearm authorization card shall be
30 carried by the person so trained at all times when such
31 person is in possession of a concealable weapon. For
32 purposes of this subsection, "financial institution"
33 means a bank, savings and loan association, credit union
34 or company providing armored car services.
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1 (9) Any person employed by an armored car company
2 to drive an armored car, while actually engaged in the
3 performance of his duties.
4 (10) Persons who have been classified as peace
5 officers pursuant to the Peace Officer Fire Investigation
6 Act.
7 (11) Investigators of the Office of the State's
8 Attorneys Appellate Prosecutor authorized by the board of
9 governors of the Office of the State's Attorneys
10 Appellate Prosecutor to carry weapons pursuant to Section
11 7.06 of the State's Attorneys Appellate Prosecutor's Act.
12 (12) Special investigators appointed by a State's
13 Attorney under Section 3-9005 of the Counties Code.
14 (13) Court Security Officers while in the
15 performance of their official duties, or while commuting
16 between their homes and places of employment, with the
17 consent of the Sheriff.
18 (14) Manufacture, transportation, or sale of
19 weapons to persons authorized under subdivisions (1)
20 through (13) of this subsection to possess those weapons.
21 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
22 to or affect any of the following:
23 (1) Members of any club or organization organized
24 for the purpose of practicing shooting at targets upon
25 established target ranges, whether public or private, and
26 patrons of such ranges, while such members or patrons are
27 using their firearms on those target ranges.
28 (2) Duly authorized military or civil organizations
29 while parading, with the special permission of the
30 Governor.
31 (3) Licensed hunters, trappers or fishermen while
32 engaged in hunting, trapping or fishing.
33 (4) Transportation of weapons that are broken down
34 in a non-functioning state or are not immediately
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1 accessible.
2 (5) A retired peace officer who possesses concealed
3 weapons identification under Section 8.3 of the Illinois
4 Police Training Act.
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
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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) do
33 not apply to members of any club or organization organized
34 for the purpose of practicing shooting at targets upon
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1 established target ranges, whether public or private, while
2 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
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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. 89-685, eff. 6-1-97.)