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Public Act 101-0080 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Firearm Owners Identification Card Act is | ||||
amended by changing Sections 4 and 8 as follows:
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(430 ILCS 65/4) (from Ch. 38, par. 83-4)
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Sec. 4. Application for Firearm Owner's Identification | ||||
Cards. | ||||
(a) Each applicant for a Firearm Owner's Identification | ||||
Card must:
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(1) Make application on blank forms prepared and | ||||
furnished at convenient
locations throughout the State by | ||||
the Department of State Police, or by
electronic means, if | ||||
and when made available by the Department of State
Police; | ||||
and
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(2) Submit evidence to the Department of State Police | ||||
that:
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(i) This subparagraph (i) applies through the | ||||
180th day following the effective date of this | ||||
amendatory Act of the 101st General Assembly. He or she | ||||
is 21 years of age or over, or if he or she is under 21
| ||||
years of age that he or she has the written consent of | ||||
his or her parent or
legal guardian to possess and |
acquire firearms and firearm ammunition and that
he or | ||
she has never been convicted of a misdemeanor other | ||
than a traffic
offense or adjudged
delinquent, | ||
provided, however, that such parent or legal guardian | ||
is not an
individual prohibited from having a Firearm | ||
Owner's Identification Card and
files an affidavit | ||
with the Department as prescribed by the Department
| ||
stating that he or she is not an individual prohibited | ||
from having a Card; | ||
(i-5) This subparagraph (i-5) applies on and after | ||
the 181st day following the effective date of this | ||
amendatory Act of the 101st General Assembly. He or she | ||
is 21 years of age or over, or if he or she is under 21
| ||
years of age that he or she has never been convicted of | ||
a misdemeanor other than a traffic offense or adjudged | ||
delinquent and is an active duty member of the United | ||
States Armed Forces or has the written consent of his | ||
or her parent or
legal guardian to possess and acquire | ||
firearms and firearm ammunition, provided, however, | ||
that such parent or legal guardian is not an
individual | ||
prohibited from having a Firearm Owner's | ||
Identification Card and
files an affidavit with the | ||
Department as prescribed by the Department
stating | ||
that he or she is not an individual prohibited from | ||
having a Card or the active duty member of the United | ||
States Armed Forces under 21 years of age annually |
submits proof to the Department of State Police, in a | ||
manner prescribed by the Department;
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(ii) He or she has not been convicted of a felony | ||
under the laws of
this or any other jurisdiction;
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(iii) He or she is not addicted to narcotics;
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(iv) He or she has not been a patient in a mental | ||
health facility within
the past 5 years or, if he or | ||
she has been a patient in a mental health facility more | ||
than 5 years ago submit the certification required | ||
under subsection (u) of Section 8 of this Act;
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(v) He or she is not a person with an intellectual | ||
disability;
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(vi) He or she is not an alien who is unlawfully | ||
present in the
United States under the laws of the | ||
United States;
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(vii) He or she is not subject to an existing order | ||
of protection
prohibiting him or her from possessing a | ||
firearm;
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(viii) He or she has not been convicted within the | ||
past 5 years of
battery, assault, aggravated assault, | ||
violation of an order of
protection, or a substantially | ||
similar offense in another jurisdiction, in
which a | ||
firearm was used or possessed;
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(ix) He or she has not been convicted of domestic | ||
battery, aggravated domestic battery, or a
| ||
substantially similar offense in another
jurisdiction |
committed before, on or after January 1, 2012 (the | ||
effective date of Public Act 97-158). If the applicant | ||
knowingly and intelligently waives the right to have an | ||
offense described in this clause (ix) tried by a jury, | ||
and by guilty plea or otherwise, results in a | ||
conviction for an offense in which a domestic | ||
relationship is not a required element of the offense | ||
but in which a determination of the applicability of 18 | ||
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||
Code of Criminal Procedure of 1963, an entry by the | ||
court of a judgment of conviction for that offense | ||
shall be grounds for denying the issuance of a Firearm | ||
Owner's Identification Card under this Section;
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(x) (Blank);
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(xi) He or she is not an alien who has been | ||
admitted to the United
States under a non-immigrant | ||
visa (as that term is defined in Section
101(a)(26) of | ||
the Immigration and Nationality Act (8 U.S.C. | ||
1101(a)(26))),
or that he or she is an alien who has | ||
been lawfully admitted to the United
States under a | ||
non-immigrant visa if that alien is:
| ||
(1) admitted to the United States for lawful | ||
hunting or sporting
purposes;
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(2) an official representative of a foreign | ||
government who is:
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(A) accredited to the United States |
Government or the Government's
mission to an | ||
international organization having its | ||
headquarters in the United
States; or
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(B) en route to or from another country to | ||
which that alien is
accredited;
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(3) an official of a foreign government or | ||
distinguished foreign
visitor who has been so | ||
designated by the Department of State;
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(4) a foreign law enforcement officer of a | ||
friendly foreign
government entering the United | ||
States on official business; or
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(5) one who has received a waiver from the | ||
Attorney General of the
United States pursuant to | ||
18 U.S.C. 922(y)(3);
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(xii) He or she is not a minor subject to a | ||
petition filed
under Section 5-520 of the Juvenile | ||
Court Act of 1987 alleging that the
minor is a | ||
delinquent minor for the commission of an offense that | ||
if
committed by an adult would be a felony;
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(xiii) He or she is not an adult who had been | ||
adjudicated a delinquent
minor under the Juvenile | ||
Court Act of 1987 for the commission of an offense
that | ||
if committed by an adult would be a felony;
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(xiv) He or she is a resident of the State of | ||
Illinois; | ||
(xv) He or she has not been adjudicated as a person |
with a mental disability; | ||
(xvi) He or she has not been involuntarily admitted | ||
into a mental health facility; and | ||
(xvii) He or she is not a person with a | ||
developmental disability; and
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(3) Upon request by the Department of State Police, | ||
sign a release on a
form prescribed by the Department of | ||
State Police waiving any right to
confidentiality and | ||
requesting the disclosure to the Department of State Police
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of limited mental health institution admission information | ||
from another state,
the District of Columbia, any other | ||
territory of the United States, or a
foreign nation | ||
concerning the applicant for the sole purpose of | ||
determining
whether the applicant is or was a patient in a | ||
mental health institution and
disqualified because of that | ||
status from receiving a Firearm Owner's
Identification | ||
Card. No mental health care or treatment records may be
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requested. The information received shall be destroyed | ||
within one year of
receipt.
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(a-5) Each applicant for a Firearm Owner's Identification | ||
Card who is over
the age of 18 shall furnish to the Department | ||
of State Police either his or
her Illinois driver's license | ||
number or Illinois Identification Card number, except as
| ||
provided in subsection (a-10).
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(a-10) Each applicant for a Firearm Owner's Identification | ||
Card,
who is employed as a law enforcement officer, an armed |
security officer in Illinois, or by the United States Military
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permanently assigned in Illinois and who is not an Illinois | ||
resident, shall furnish to
the Department of State Police his | ||
or her driver's license number or state
identification card | ||
number from his or her state of residence. The Department
of | ||
State Police may adopt rules to enforce the provisions of this
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subsection (a-10).
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(a-15) If an applicant applying for a Firearm Owner's | ||
Identification Card moves from the residence address named in | ||
the application, he or she shall immediately notify in a form | ||
and manner prescribed by the Department of State Police of that | ||
change of address. | ||
(a-20) Each applicant for a Firearm Owner's Identification | ||
Card shall furnish to the Department of State Police his or her | ||
photograph. An applicant who is 21 years of age or older | ||
seeking a religious exemption to the photograph requirement | ||
must furnish with the application an approved copy of United | ||
States Department of the Treasury Internal Revenue Service Form | ||
4029. In lieu of a photograph, an applicant regardless of age | ||
seeking a religious exemption to the photograph requirement | ||
shall submit fingerprints on a form and manner prescribed by | ||
the Department with his or her application. | ||
(b) Each application form shall include the following | ||
statement printed in
bold type: "Warning: Entering false | ||
information on an application for a Firearm
Owner's | ||
Identification Card is punishable as a Class 2 felony in |
accordance
with subsection (d-5) of Section 14 of the Firearm | ||
Owners Identification Card
Act.".
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(c) Upon such written consent, pursuant to Section 4, | ||
paragraph (a)(2)(i),
the parent or legal guardian giving the | ||
consent shall be liable for any
damages resulting from the | ||
applicant's use of firearms or firearm ammunition.
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(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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(430 ILCS 65/8) (from Ch. 38, par. 83-8)
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Sec. 8. Grounds for denial and revocation. The Department | ||
of State Police has authority to deny an
application for or to | ||
revoke and seize a Firearm Owner's Identification
Card | ||
previously issued under this Act only if the Department finds | ||
that the
applicant or the person to whom such card was issued | ||
is or was at the time
of issuance:
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(a) A person under 21 years of age who has been | ||
convicted of a
misdemeanor other than a traffic offense or | ||
adjudged delinquent;
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(b) This subsection (b) applies through the 180th day | ||
following the effective date of this amendatory Act of the | ||
101st General Assembly. A person under 21 years of age who | ||
does not have the written consent
of his parent or guardian | ||
to acquire and possess firearms and firearm
ammunition, or | ||
whose parent or guardian has revoked such written consent,
| ||
or where such parent or guardian does not qualify to have a | ||
Firearm Owner's
Identification Card; |
(b-5) This subsection (b-5) applies on and after the | ||
181st day following the effective date of this amendatory | ||
Act of the 101st General Assembly. A person under 21 years | ||
of age who is not an active duty member of the United | ||
States Armed Forces and does not have the written consent
| ||
of his or her parent or guardian to acquire and possess | ||
firearms and firearm
ammunition, or whose parent or | ||
guardian has revoked such written consent,
or where such | ||
parent or guardian does not qualify to have a Firearm | ||
Owner's
Identification Card;
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(c) A person convicted of a felony under the laws of | ||
this or any other
jurisdiction;
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(d) A person addicted to narcotics;
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(e) A person who has been a patient of a mental health | ||
facility within the
past 5 years or a person who has been a | ||
patient in a mental health facility more than 5 years ago | ||
who has not received the certification required under | ||
subsection (u) of this Section. An active law enforcement | ||
officer employed by a unit of government who is denied, | ||
revoked, or has his or her Firearm Owner's Identification | ||
Card seized under this subsection (e) may obtain relief as | ||
described in subsection (c-5) of Section 10 of this Act if | ||
the officer did not act in a manner threatening to the | ||
officer, another person, or the public as determined by the | ||
treating clinical psychologist or physician, and the | ||
officer seeks mental health treatment;
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(f) A person whose mental condition is of such a nature | ||
that it poses
a clear and present danger to the applicant, | ||
any other person or persons or
the community;
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(g) A person who has an intellectual disability;
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(h) A person who intentionally makes a false statement | ||
in the Firearm
Owner's Identification Card application;
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(i) An alien who is unlawfully present in
the United | ||
States under the laws of the United States;
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(i-5) An alien who has been admitted to the United | ||
States under a
non-immigrant visa (as that term is defined | ||
in Section 101(a)(26) of the
Immigration and Nationality | ||
Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||
(i-5) does not apply to any alien who has been lawfully | ||
admitted to
the United States under a non-immigrant visa if | ||
that alien is:
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(1) admitted to the United States for lawful | ||
hunting or sporting purposes;
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(2) an official representative of a foreign | ||
government who is:
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(A) accredited to the United States Government | ||
or the Government's
mission to an international | ||
organization having its headquarters in the United
| ||
States; or
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(B) en route to or from another country to | ||
which that alien is
accredited;
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(3) an official of a foreign government or |
distinguished foreign visitor
who has been so | ||
designated by the Department of State;
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(4) a foreign law enforcement officer of a friendly | ||
foreign government
entering the United States on | ||
official business; or
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(5) one who has received a waiver from the Attorney | ||
General of the United
States pursuant to 18 U.S.C. | ||
922(y)(3);
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(j) (Blank);
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(k) A person who has been convicted within the past 5 | ||
years of battery,
assault, aggravated assault, violation | ||
of an order of protection, or a
substantially similar | ||
offense in another jurisdiction, in which a firearm was
| ||
used or possessed;
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(l) A person who has been convicted of domestic | ||
battery, aggravated domestic battery, or a substantially
| ||
similar offense in another jurisdiction committed before, | ||
on or after January 1, 2012 (the effective date of Public | ||
Act 97-158). If the applicant or person who has been | ||
previously issued a Firearm Owner's Identification Card | ||
under this Act knowingly and intelligently waives the right | ||
to have an offense described in this paragraph (l) tried by | ||
a jury, and by guilty plea or otherwise, results in a | ||
conviction for an offense in which a domestic relationship | ||
is not a required element of the offense but in which a | ||
determination of the applicability of 18 U.S.C. 922(g)(9) |
is made under Section 112A-11.1 of the Code of Criminal | ||
Procedure of 1963, an entry by the court of a judgment of | ||
conviction for that offense shall be grounds for denying an | ||
application for and for revoking and seizing a Firearm | ||
Owner's Identification Card previously issued to the | ||
person under this Act;
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(m) (Blank);
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(n) A person who is prohibited from acquiring or | ||
possessing
firearms or firearm ammunition by any Illinois | ||
State statute or by federal
law;
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(o) A minor subject to a petition filed under Section | ||
5-520 of the
Juvenile Court Act of 1987 alleging that the | ||
minor is a delinquent minor for
the commission of an | ||
offense that if committed by an adult would be a felony;
| ||
(p) An adult who had been adjudicated a delinquent | ||
minor under the Juvenile
Court Act of 1987 for the | ||
commission of an offense that if committed by an
adult | ||
would be a felony;
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(q) A person who is not a resident of the State of | ||
Illinois, except as provided in subsection (a-10) of | ||
Section 4; | ||
(r) A person who has been adjudicated as a person with | ||
a mental disability; | ||
(s) A person who has been found to have a developmental | ||
disability; | ||
(t) A person involuntarily admitted into a mental |
health facility; or | ||
(u) A person who has had his or her Firearm Owner's | ||
Identification Card revoked or denied under subsection (e) | ||
of this Section or item (iv) of paragraph (2) of subsection | ||
(a) of Section 4 of this Act because he or she was a | ||
patient in a mental health facility as provided in | ||
subsection (e) of this Section, shall not be permitted to | ||
obtain a Firearm Owner's Identification Card, after the | ||
5-year period has lapsed, unless he or she has received a | ||
mental health evaluation by a physician, clinical | ||
psychologist, or qualified examiner as those terms are | ||
defined in the Mental Health and Developmental | ||
Disabilities Code, and has received a certification that he | ||
or she is not a clear and present danger to himself, | ||
herself, or others. The physician, clinical psychologist, | ||
or qualified examiner making the certification and his or | ||
her employer shall not be held criminally, civilly, or | ||
professionally liable for making or not making the | ||
certification required under this subsection, except for | ||
willful or wanton misconduct. This subsection does not | ||
apply to a person whose firearm possession rights have been | ||
restored through administrative or judicial action under | ||
Section 10 or 11 of this Act. | ||
Upon revocation of a person's Firearm Owner's | ||
Identification Card, the Department of State Police shall | ||
provide notice to the person and the person shall comply with |
Section 9.5 of this Act. | ||
(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||
eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||
Section 10. The Firearm Concealed Carry Act is amended by | ||
changing Section 50 as follows: | ||
(430 ILCS 66/50)
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Sec. 50. License renewal. | ||
(a) This subsection (a) applies through the 180th day | ||
following the effective date of this amendatory Act of the | ||
101st General Assembly. Applications for renewal of a license | ||
shall be made to the Department. A license shall be renewed for | ||
a period of 5 years upon receipt of a completed renewal | ||
application, completion of 3 hours of training required under | ||
Section 75 of this Act, payment of the applicable renewal fee, | ||
and completion of an investigation under Section 35 of this | ||
Act. The renewal application shall contain the information | ||
required in Section 30 of this Act, except that the applicant | ||
need not resubmit a full set of fingerprints. | ||
(b) This subsection (b) applies on and after the 181st day | ||
following the effective date of this amendatory Act of the | ||
101st General Assembly. Applications for renewal of a license | ||
shall be made to the Department. A license shall be renewed for | ||
a period of 5 years from the date of expiration on the | ||
applicant's current license upon the receipt of a completed |
renewal application, completion of 3 hours of training required | ||
under Section 75 of this Act, payment of the applicable renewal | ||
fee, and completion of an investigation under Section 35 of | ||
this Act. The renewal application shall contain the information | ||
required in Section 30 of this Act, except that the applicant | ||
need not resubmit a full set of fingerprints.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||
Section 15. The Firearm Dealer License Certification Act is | ||
amended by changing Sections 5-5 and 5-25 as follows: | ||
(430 ILCS 68/5-5)
| ||
Sec. 5-5. Definitions. In this Act: | ||
"Certified licensee" means a licensee that has previously | ||
certified its license with the Department
under this Act. | ||
"Department" means the Department of State Police. | ||
"Director" means the Director of State Police. | ||
"Entity" means any person, firm, corporation, group of | ||
individuals, or other legal entity. | ||
"Inventory" means firearms in the possession of an | ||
individual or entity for the purpose of sale or
transfer.
| ||
"License" means a Federal Firearms License authorizing a | ||
person or entity to engage in the business of
dealing firearms.
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"Licensee" means a person, firm, corporation, or other | ||
entity who has been given, and is currently in
possession of, a | ||
valid Federal Firearms License. |
"Retail location" means a store open to the public from | ||
which a certified licensee
engages in the business of selling, | ||
transferring, or facilitating a sale or transfer of a firearm.
| ||
For purposes of this Act, the World Shooting and Recreational | ||
Complex, a gun show , or similar event at which a certified | ||
licensee engages in business from time to time is not a retail | ||
location.
| ||
(Source: P.A. 100-1178, eff. 1-18-19.) | ||
(430 ILCS 68/5-25)
| ||
Sec. 5-25. Exemptions. | ||
The provisions of this Act related
to the certification of | ||
a license do not apply to a
person or entity that engages in | ||
the following
activities: | ||
(1) temporary transfers of firearms solely for use at | ||
the
location or on the premises where the transfer takes | ||
place,
such as transfers at a shooting range for use at | ||
that location; | ||
(2) temporary transfers of firearms solely for use | ||
while in
the presence of the transferor or transfers for | ||
the
purposes of firearm safety training by a firearms | ||
safety training instructor; | ||
(3) transfers of firearms among immediate family or
| ||
household members, as "immediate family or household | ||
member" is
defined in Section 3-2.7-10 of the Unified Code | ||
of Corrections, provided that both the transferor and |
transferee have a currently valid Firearm Owner's | ||
Identification Card; however, this paragraph (3) does not | ||
limit the familial gift exemption under paragraph (2) of | ||
subsection (a-15) of Section 3 of the Firearm Owners | ||
Identification Card Act; | ||
(4) transfers by persons or entities acting under | ||
operation
of law or a court order; | ||
(5) transfers by persons or entities liquidating all or
| ||
part of a collection. For purposes of this paragraph (5),
| ||
"collection" means 2 or more firearms which are of special
| ||
interest to collectors by reason of some quality other than | ||
is
associated with firearms intended for sporting use or as
| ||
offensive or defensive weapons; | ||
(6) transfers of firearms that have been rendered
| ||
permanently inoperable to a nonprofit historical society,
| ||
museum, or institutional collection; | ||
(7) transfers by a law enforcement or corrections | ||
agency or
a law enforcement or corrections officer acting | ||
within the
course and scope of his or her official duties; | ||
(8) transfers to a State or local law enforcement | ||
agency by a person who has his or her Firearm
Owner's | ||
Identification Card revoked; | ||
(9) transfers of curios and relics, as defined under
| ||
federal law, between collectors licensed under subsection | ||
(b)
of Section 923 of the federal Gun Control Act of 1968; | ||
(10) transfers by a person or entity licensed as an |
auctioneer under the Auction License Act; or | ||
(10.5) transfers of firearms to a resident registered | ||
competitor or attendee or non-resident registered | ||
competitor or attendee by a licensed federal firearms | ||
dealer under Section 923 of the federal Gun Control Act of | ||
1968 at a competitive shooting event held at the World | ||
Shooting and Recreational Complex that is sanctioned by a | ||
national governing body; or | ||
(11) transfers between a pawnshop and a customer which | ||
amount to a bailment. For purposes of this paragraph (11), | ||
"bailment" means the act of placing property in the custody | ||
and control of another, by agreement in which the holder is | ||
responsible for the safekeeping and return of the property.
| ||
(Source: P.A. 100-1178, eff. 1-18-19.) | ||
Section 20. The Wildlife Code is amended by adding Section | ||
3.4b as follows: | ||
(520 ILCS 5/3.4b new) | ||
Sec. 3.4b. Concealed firearm exemption. A current or | ||
retired law enforcement officer authorized by law to possess a | ||
concealed firearm shall be exempt from the provisions of this | ||
Code prohibiting possession of those firearms. However, | ||
nothing in this Section authorizes the use of those firearms | ||
except as authorized by law. |
Section 25. The Criminal Code of 2012 is amended by | ||
changing Sections 14-3 and 24-2 as follows: | ||
(720 ILCS 5/14-3) | ||
Sec. 14-3. Exemptions. The following activities shall be
| ||
exempt from the provisions of this Article: | ||
(a) Listening to radio, wireless electronic | ||
communications, and television communications of
any sort | ||
where the same are publicly made; | ||
(b) Hearing conversation when heard by employees of any | ||
common
carrier by wire incidental to the normal course of their | ||
employment in
the operation, maintenance or repair of the | ||
equipment of such common
carrier by wire so long as no | ||
information obtained thereby is used or
divulged by the hearer; | ||
(c) Any broadcast by radio, television or otherwise whether | ||
it be a
broadcast or recorded for the purpose of later | ||
broadcasts of any
function where the public is in attendance | ||
and the conversations are
overheard incidental to the main | ||
purpose for which such broadcasts are
then being made; | ||
(d) Recording or listening with the aid of any device to | ||
any
emergency communication made in the normal course of | ||
operations by any
federal, state or local law enforcement | ||
agency or institutions dealing
in emergency services, | ||
including, but not limited to, hospitals,
clinics, ambulance | ||
services, fire fighting agencies, any public utility,
| ||
emergency repair facility, civilian defense establishment or |
military
installation; | ||
(e) Recording the proceedings of any meeting required to be | ||
open by
the Open Meetings Act, as amended; | ||
(f) Recording or listening with the aid of any device to | ||
incoming
telephone calls of phone lines publicly listed or | ||
advertised as consumer
"hotlines" by manufacturers or | ||
retailers of food and drug products. Such
recordings must be | ||
destroyed, erased or turned over to local law
enforcement | ||
authorities within 24 hours from the time of such recording and
| ||
shall not be otherwise disseminated. Failure on the part of the | ||
individual
or business operating any such recording or | ||
listening device to comply with
the requirements of this | ||
subsection shall eliminate any civil or criminal
immunity | ||
conferred upon that individual or business by the operation of
| ||
this Section; | ||
(g) With prior notification to the State's Attorney of the
| ||
county in which
it is to occur, recording or listening with the | ||
aid of any device to any
conversation
where a law enforcement | ||
officer, or any person acting at the direction of law
| ||
enforcement, is a party to the conversation and has consented | ||
to it being
intercepted or recorded under circumstances where | ||
the use of the device is
necessary for the protection of the | ||
law enforcement officer or any person
acting at the direction | ||
of law enforcement, in the course of an
investigation
of a | ||
forcible felony, a felony offense of involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in |
persons under Section 10-9 of this Code, an offense involving | ||
prostitution, solicitation of a sexual act, or pandering, a | ||
felony violation of the Illinois Controlled Substances
Act, a | ||
felony violation of the Cannabis Control Act, a felony | ||
violation of the Methamphetamine Control and Community | ||
Protection Act, any "streetgang
related" or "gang-related" | ||
felony as those terms are defined in the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act, or any felony offense | ||
involving any weapon listed in paragraphs (1) through (11) of | ||
subsection (a) of Section 24-1 of this Code.
Any recording or | ||
evidence derived
as the
result of this exemption shall be | ||
inadmissible in any proceeding, criminal,
civil or
| ||
administrative, except (i) where a party to the conversation | ||
suffers great
bodily injury or is killed during such | ||
conversation, or
(ii)
when used as direct impeachment of a | ||
witness concerning matters contained in
the interception or | ||
recording. The Director of the
Department of
State Police shall | ||
issue regulations as are necessary concerning the use of
| ||
devices, retention of tape recordings, and reports regarding | ||
their
use; | ||
(g-5) (Blank); | ||
(g-6) With approval of the State's Attorney of the county | ||
in which it is to occur, recording or listening with the aid of | ||
any device to any conversation where a law enforcement officer, | ||
or any person acting at the direction of law enforcement, is a | ||
party to the conversation and has consented to it being |
intercepted or recorded in the course of an investigation of | ||
child pornography, aggravated child pornography, indecent | ||
solicitation of a child, luring of a minor, sexual exploitation | ||
of a child, aggravated criminal sexual abuse in which the | ||
victim of the offense was at the time of the commission of the | ||
offense under 18 years of age, or criminal sexual abuse by | ||
force or threat of force in which the victim of the offense was | ||
at the time of the commission of the offense under 18 years of | ||
age. In all such cases, an application for an order approving | ||
the previous or continuing use of an eavesdropping device must | ||
be made within 48 hours of the commencement of such use. In the | ||
absence of such an order, or upon its denial, any continuing | ||
use shall immediately terminate. The Director of State Police | ||
shall issue rules as are necessary concerning the use of | ||
devices, retention of recordings, and reports regarding their | ||
use.
Any recording or evidence obtained or derived in the | ||
course of an investigation of child pornography, aggravated | ||
child pornography, indecent solicitation of a child, luring of | ||
a minor, sexual exploitation of a child, aggravated criminal | ||
sexual abuse in which the victim of the offense was at the time | ||
of the commission of the offense under 18 years of age, or | ||
criminal sexual abuse by force or threat of force in which the | ||
victim of the offense was at the time of the commission of the | ||
offense under 18 years of age shall, upon motion of the State's | ||
Attorney or Attorney General prosecuting any case involving | ||
child pornography, aggravated child pornography, indecent |
solicitation of a child, luring of a minor, sexual exploitation | ||
of a child, aggravated criminal sexual abuse in which the | ||
victim of the offense was at the time of the commission of the | ||
offense under 18 years of age, or criminal sexual abuse by | ||
force or threat of force in which the victim of the offense was | ||
at the time of the commission of the offense under 18 years of | ||
age be reviewed in camera with notice to all parties present by | ||
the court presiding over the criminal case, and, if ruled by | ||
the court to be relevant and otherwise admissible, it shall be | ||
admissible at the trial of the criminal case. Absent such a | ||
ruling, any such recording or evidence shall not be admissible | ||
at the trial of the criminal case; | ||
(h) Recordings made simultaneously with the use of an | ||
in-car video camera recording of an oral
conversation between a | ||
uniformed peace officer, who has identified his or her office, | ||
and
a person in the presence of the peace officer whenever (i) | ||
an officer assigned a patrol vehicle is conducting an | ||
enforcement stop; or (ii) patrol vehicle emergency lights are | ||
activated or would otherwise be activated if not for the need | ||
to conceal the presence of law enforcement. | ||
For the purposes of this subsection (h), "enforcement stop" | ||
means an action by a law enforcement officer in relation to | ||
enforcement and investigation duties, including but not | ||
limited to, traffic stops, pedestrian stops, abandoned vehicle | ||
contacts, motorist assists, commercial motor vehicle stops, | ||
roadside safety checks, requests for identification, or |
responses to requests for emergency assistance; | ||
(h-5) Recordings of utterances made by a person while in | ||
the presence of a uniformed peace officer and while an occupant | ||
of a police vehicle including, but not limited to, (i) | ||
recordings made simultaneously with the use of an in-car video | ||
camera and (ii) recordings made in the presence of the peace | ||
officer utilizing video or audio systems, or both, authorized | ||
by the law enforcement agency; | ||
(h-10) Recordings made simultaneously with a video camera | ||
recording during
the use of a taser or similar weapon or device | ||
by a peace officer if the weapon or device is equipped with | ||
such camera; | ||
(h-15) Recordings made under subsection (h), (h-5), or | ||
(h-10) shall be retained by the law enforcement agency that | ||
employs the peace officer who made the recordings for a storage | ||
period of 90 days, unless the recordings are made as a part of | ||
an arrest or the recordings are deemed evidence in any | ||
criminal, civil, or administrative proceeding and then the | ||
recordings must only be destroyed upon a final disposition and | ||
an order from the court. Under no circumstances shall any | ||
recording be altered or erased prior to the expiration of the | ||
designated storage period. Upon completion of the storage | ||
period, the recording medium may be erased and reissued for | ||
operational use; | ||
(i) Recording of a conversation made by or at the request | ||
of a person, not a
law enforcement officer or agent of a law |
enforcement officer, who is a party
to the conversation, under | ||
reasonable suspicion that another party to the
conversation is | ||
committing, is about to commit, or has committed a criminal
| ||
offense against the person or a member of his or her immediate | ||
household, and
there is reason to believe that evidence of the | ||
criminal offense may be
obtained by the recording; | ||
(j) The use of a telephone monitoring device by either (1) | ||
a
corporation or other business entity engaged in marketing or | ||
opinion research
or (2) a corporation or other business entity | ||
engaged in telephone
solicitation, as
defined in this | ||
subsection, to record or listen to oral telephone solicitation
| ||
conversations or marketing or opinion research conversations | ||
by an employee of
the corporation or other business entity | ||
when: | ||
(i) the monitoring is used for the purpose of service | ||
quality control of
marketing or opinion research or | ||
telephone solicitation, the education or
training of | ||
employees or contractors
engaged in marketing or opinion | ||
research or telephone solicitation, or internal
research | ||
related to marketing or
opinion research or telephone
| ||
solicitation; and | ||
(ii) the monitoring is used with the consent of at | ||
least one person who
is an active party to the marketing or | ||
opinion research conversation or
telephone solicitation | ||
conversation being
monitored. | ||
No communication or conversation or any part, portion, or |
aspect of the
communication or conversation made, acquired, or | ||
obtained, directly or
indirectly,
under this exemption (j), may | ||
be, directly or indirectly, furnished to any law
enforcement | ||
officer, agency, or official for any purpose or used in any | ||
inquiry
or investigation, or used, directly or indirectly, in | ||
any administrative,
judicial, or other proceeding, or divulged | ||
to any third party. | ||
When recording or listening authorized by this subsection | ||
(j) on telephone
lines used for marketing or opinion research | ||
or telephone solicitation purposes
results in recording or
| ||
listening to a conversation that does not relate to marketing | ||
or opinion
research or telephone solicitation; the
person | ||
recording or listening shall, immediately upon determining | ||
that the
conversation does not relate to marketing or opinion | ||
research or telephone
solicitation, terminate the recording
or | ||
listening and destroy any such recording as soon as is | ||
practicable. | ||
Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide current and prospective
employees with notice that the | ||
monitoring or recordings may occur during the
course of their | ||
employment. The notice shall include prominent signage
| ||
notification within the workplace. | ||
Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide their employees or agents
with access to personal-only |
telephone lines which may be pay telephones, that
are not | ||
subject to telephone monitoring or telephone recording. | ||
For the purposes of this subsection (j), "telephone | ||
solicitation" means a
communication through the use of a | ||
telephone by live operators: | ||
(i) soliciting the sale of goods or services; | ||
(ii) receiving orders for the sale of goods or | ||
services; | ||
(iii) assisting in the use of goods or services; or | ||
(iv) engaging in the solicitation, administration, or | ||
collection of bank
or
retail credit accounts. | ||
For the purposes of this subsection (j), "marketing or | ||
opinion research"
means
a marketing or opinion research | ||
interview conducted by a live telephone
interviewer engaged by | ||
a corporation or other business entity whose principal
business | ||
is the design, conduct, and analysis of polls and surveys | ||
measuring
the
opinions, attitudes, and responses of | ||
respondents toward products and services,
or social or | ||
political issues, or both; | ||
(k) Electronic recordings, including but not limited to, a | ||
motion picture,
videotape, digital, or other visual or audio | ||
recording, made of a custodial
interrogation of an individual | ||
at a police station or other place of detention
by a law | ||
enforcement officer under Section 5-401.5 of the Juvenile Court | ||
Act of
1987 or Section 103-2.1 of the Code of Criminal | ||
Procedure of 1963; |
(l) Recording the interview or statement of any person when | ||
the person
knows that the interview is being conducted by a law | ||
enforcement officer or
prosecutor and the interview takes place | ||
at a police station that is currently
participating in the | ||
Custodial Interview Pilot Program established under the
| ||
Illinois Criminal Justice Information Act; | ||
(m) An electronic recording, including but not limited to, | ||
a motion picture,
videotape, digital, or other visual or audio | ||
recording, made of the interior of a school bus while the | ||
school bus is being used in the transportation of students to | ||
and from school and school-sponsored activities, when the | ||
school board has adopted a policy authorizing such recording, | ||
notice of such recording policy is included in student | ||
handbooks and other documents including the policies of the | ||
school, notice of the policy regarding recording is provided to | ||
parents of students, and notice of such recording is clearly | ||
posted on the door of and inside the school bus.
| ||
Recordings made pursuant to this subsection (m) shall be | ||
confidential records and may only be used by school officials | ||
(or their designees) and law enforcement personnel for | ||
investigations, school disciplinary actions and hearings, | ||
proceedings under the Juvenile Court Act of 1987, and criminal | ||
prosecutions, related to incidents occurring in or around the | ||
school bus; | ||
(n)
Recording or listening to an audio transmission from a | ||
microphone placed by a person under the authority of a law |
enforcement agency inside a bait car surveillance vehicle while | ||
simultaneously capturing a photographic or video image; | ||
(o) The use of an eavesdropping camera or audio device | ||
during an ongoing hostage or barricade situation by a law | ||
enforcement officer or individual acting on behalf of a law | ||
enforcement officer when the use of such device is necessary to | ||
protect the safety of the general public, hostages, or law | ||
enforcement officers or anyone acting on their behalf; | ||
(p) Recording or listening with the aid of any device to | ||
incoming telephone calls of phone lines publicly listed or | ||
advertised as the "CPS Violence Prevention Hotline", but only | ||
where the notice of recording is given at the beginning of each | ||
call as required by Section 34-21.8 of the School Code. The | ||
recordings may be retained only by the Chicago Police | ||
Department or other law enforcement authorities, and shall not | ||
be otherwise retained or disseminated; | ||
(q)(1) With prior request to and written or verbal approval | ||
of the State's Attorney of the county in which the conversation | ||
is anticipated to occur, recording or listening with the aid of | ||
an eavesdropping device to a conversation in which a law | ||
enforcement officer, or any person acting at the direction of a | ||
law enforcement officer, is a party to the conversation and has | ||
consented to the conversation being intercepted or recorded in | ||
the course of an investigation of a qualified offense. The | ||
State's Attorney may grant this approval only after determining | ||
that reasonable cause exists to believe that inculpatory |
conversations concerning a qualified offense will occur with a | ||
specified individual or individuals within a designated period | ||
of time. | ||
(2) Request for approval. To invoke the exception contained | ||
in this subsection (q), a law enforcement officer shall make a | ||
request for approval to the appropriate State's Attorney. The | ||
request may be written or verbal; however, a written | ||
memorialization of the request must be made by the State's | ||
Attorney. This request for approval shall include whatever | ||
information is deemed necessary by the State's Attorney but | ||
shall include, at a minimum, the following information about | ||
each specified individual whom the law enforcement officer | ||
believes will commit a qualified offense: | ||
(A) his or her full or partial name, nickname or alias; | ||
(B) a physical description; or | ||
(C) failing either (A) or (B) of this paragraph (2), | ||
any other supporting information known to the law | ||
enforcement officer at the time of the request that gives | ||
rise to reasonable cause to believe that the specified | ||
individual will participate in an inculpatory conversation | ||
concerning a qualified offense. | ||
(3) Limitations on approval. Each written approval by the | ||
State's Attorney under this subsection (q) shall be limited to: | ||
(A) a recording or interception conducted by a | ||
specified law enforcement officer or person acting at the | ||
direction of a law enforcement officer; |
(B) recording or intercepting conversations with the | ||
individuals specified in the request for approval, | ||
provided that the verbal approval shall be deemed to | ||
include the recording or intercepting of conversations | ||
with other individuals, unknown to the law enforcement | ||
officer at the time of the request for approval, who are | ||
acting in conjunction with or as co-conspirators with the | ||
individuals specified in the request for approval in the | ||
commission of a qualified offense; | ||
(C) a reasonable period of time but in no event longer | ||
than 24 consecutive hours; | ||
(D) the written request for approval, if applicable, or | ||
the written memorialization must be filed, along with the | ||
written approval, with the circuit clerk of the | ||
jurisdiction on the next business day following the | ||
expiration of the authorized period of time, and shall be | ||
subject to review by the Chief Judge or his or her designee | ||
as deemed appropriate by the court. | ||
(3.5) The written memorialization of the request for | ||
approval and the written approval by the State's Attorney may | ||
be in any format, including via facsimile, email, or otherwise, | ||
so long as it is capable of being filed with the circuit clerk. | ||
(3.10) Beginning March 1, 2015, each State's Attorney shall | ||
annually submit a report to the General Assembly disclosing: | ||
(A) the number of requests for each qualified offense | ||
for approval under this subsection; and |
(B) the number of approvals for each qualified offense | ||
given by the State's Attorney. | ||
(4) Admissibility of evidence. No part of the contents of | ||
any wire, electronic, or oral communication that has been | ||
recorded or intercepted as a result of this exception may be | ||
received in evidence in any trial, hearing, or other proceeding | ||
in or before any court, grand jury, department, officer, | ||
agency, regulatory body, legislative committee, or other | ||
authority of this State, or a political subdivision of the | ||
State, other than in a prosecution of: | ||
(A) the qualified offense for which approval was given | ||
to record or intercept a conversation under this subsection | ||
(q); | ||
(B) a forcible felony committed directly in the course | ||
of the investigation of the qualified offense for which | ||
approval was given to record or intercept a conversation | ||
under this subsection (q); or | ||
(C) any other forcible felony committed while the | ||
recording or interception was approved in accordance with | ||
this subsection (q), but for this specific category of | ||
prosecutions, only if the law enforcement officer or person | ||
acting at the direction of a law enforcement officer who | ||
has consented to the conversation being intercepted or | ||
recorded suffers great bodily injury or is killed during | ||
the commission of the charged forcible felony. | ||
(5) Compliance with the provisions of this subsection is a |
prerequisite to the admissibility in evidence of any part of | ||
the contents of any wire, electronic or oral communication that | ||
has been intercepted as a result of this exception, but nothing | ||
in this subsection shall be deemed to prevent a court from | ||
otherwise excluding the evidence on any other ground recognized | ||
by State or federal law, nor shall anything in this subsection | ||
be deemed to prevent a court from independently reviewing the | ||
admissibility of the evidence for compliance with the Fourth | ||
Amendment to the U.S. Constitution or with Article I, Section 6 | ||
of the Illinois Constitution. | ||
(6) Use of recordings or intercepts unrelated to qualified | ||
offenses. Whenever any private conversation or private | ||
electronic communication has been recorded or intercepted as a | ||
result of this exception that is not related to an offense for | ||
which the recording or intercept is admissible under paragraph | ||
(4) of this subsection (q), no part of the contents of the | ||
communication and evidence derived from the communication may | ||
be received in evidence in any trial, hearing, or other | ||
proceeding in or before any court, grand jury, department, | ||
officer, agency, regulatory body, legislative committee, or | ||
other authority of this State, or a political subdivision of | ||
the State, nor may it be publicly disclosed in any way. | ||
(6.5) The Department of State Police shall adopt rules as | ||
are necessary concerning the use of devices, retention of | ||
recordings, and reports regarding their use under this | ||
subsection (q). |
(7) Definitions. For the purposes of this subsection (q) | ||
only: | ||
"Forcible felony" includes and is limited to those | ||
offenses contained in Section 2-8 of the Criminal Code of | ||
1961 as of the effective date of this amendatory Act of the | ||
97th General Assembly, and only as those offenses have been | ||
defined by law or judicial interpretation as of that date. | ||
"Qualified offense" means and is limited to: | ||
(A) a felony violation of the Cannabis Control Act, | ||
the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
except for violations of: | ||
(i) Section 4 of the Cannabis Control Act; | ||
(ii) Section 402 of the Illinois Controlled | ||
Substances Act; and | ||
(iii) Section 60 of the Methamphetamine | ||
Control and Community Protection Act; and | ||
(B) first degree murder, solicitation of murder | ||
for hire, predatory criminal sexual assault of a child, | ||
criminal sexual assault, aggravated criminal sexual | ||
assault, aggravated arson, kidnapping, aggravated | ||
kidnapping, child abduction, trafficking in persons, | ||
involuntary servitude, involuntary sexual servitude of | ||
a minor, or gunrunning. | ||
"State's Attorney" includes and is limited to the | ||
State's Attorney or an assistant State's Attorney |
designated by the State's Attorney to provide verbal | ||
approval to record or intercept conversations under this | ||
subsection (q). | ||
(8) Sunset. This subsection (q) is inoperative on and after | ||
January 1, 2023 2020 . No conversations intercepted pursuant to | ||
this subsection (q), while operative, shall be inadmissible in | ||
a court of law by virtue of the inoperability of this | ||
subsection (q) on January 1, 2023 2020 . | ||
(9) Recordings, records, and custody. Any private | ||
conversation or private electronic communication intercepted | ||
by a law enforcement officer or a person acting at the | ||
direction of law enforcement shall, if practicable, be recorded | ||
in such a way as will protect the recording from editing or | ||
other alteration. Any and all original recordings made under | ||
this subsection (q) shall be inventoried without unnecessary | ||
delay pursuant to the law enforcement agency's policies for | ||
inventorying evidence. The original recordings shall not be | ||
destroyed except upon an order of a court of competent | ||
jurisdiction; and | ||
(r) Electronic recordings, including but not limited to, | ||
motion picture, videotape, digital, or other visual or audio | ||
recording, made of a lineup under Section 107A-2 of the Code of | ||
Criminal Procedure of 1963. | ||
(Source: P.A. 100-572, eff. 12-29-17.)
| ||
(720 ILCS 5/24-2)
|
Sec. 24-2. Exemptions.
| ||
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||
24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||
the following:
| ||
(1) Peace officers, and any person summoned by a peace | ||
officer to
assist in making arrests or preserving the | ||
peace, while actually engaged in
assisting such officer.
| ||
(2) Wardens, superintendents and keepers of prisons,
| ||
penitentiaries, jails and other institutions for the | ||
detention of persons
accused or convicted of an offense, | ||
while in the performance of their
official duty, or while | ||
commuting between their homes and places of employment.
| ||
(3) Members of the Armed Services or Reserve Forces of | ||
the United States
or the Illinois National Guard or the | ||
Reserve Officers Training Corps,
while in the performance | ||
of their official duty.
| ||
(4) Special agents employed by a railroad or a public | ||
utility to
perform police functions, and guards of armored | ||
car companies, while
actually engaged in the performance of | ||
the duties of their employment or
commuting between their | ||
homes and places of employment; and watchmen
while actually | ||
engaged in the performance of the duties of their | ||
employment.
| ||
(5) Persons licensed as private security contractors, | ||
private
detectives, or private alarm contractors, or | ||
employed by a private security contractor, private |
detective, or private alarm contractor agency licensed
by | ||
the Department of Financial and Professional Regulation, | ||
if their duties
include the carrying of a weapon under the | ||
provisions of the Private
Detective, Private Alarm,
| ||
Private Security, Fingerprint Vendor, and Locksmith Act of | ||
2004,
while actually
engaged in the performance of the | ||
duties of their employment or commuting
between their homes | ||
and places of employment. A person shall be considered | ||
eligible for this
exemption if he or she has completed the | ||
required 20
hours of training for a private security | ||
contractor, private
detective, or private alarm | ||
contractor, or employee of a licensed private security | ||
contractor, private detective, or private alarm contractor | ||
agency and 20 hours of required firearm
training, and has | ||
been issued a firearm control card by
the Department of | ||
Financial and Professional Regulation. Conditions for the | ||
renewal of
firearm control cards issued under the | ||
provisions of this Section
shall be the same as for those | ||
cards issued under the provisions of the
Private Detective, | ||
Private Alarm,
Private Security, Fingerprint Vendor, and | ||
Locksmith Act of 2004. The
firearm control card shall be | ||
carried by the private security contractor, private
| ||
detective, or private alarm contractor, or employee of the | ||
licensed private security contractor, private detective, | ||
or private alarm contractor agency at all
times when he or | ||
she is in possession of a concealable weapon permitted by |
his or her firearm control card.
| ||
(6) Any person regularly employed in a commercial or | ||
industrial
operation as a security guard for the protection | ||
of persons employed
and private property related to such | ||
commercial or industrial
operation, while actually engaged | ||
in the performance of his or her
duty or traveling between | ||
sites or properties belonging to the
employer, and who, as | ||
a security guard, is a member of a security force | ||
registered with the Department of Financial and | ||
Professional
Regulation; provided that such security guard | ||
has successfully completed a
course of study, approved by | ||
and supervised by the Department of
Financial and | ||
Professional Regulation, consisting of not less than 40 | ||
hours of training
that includes the theory of law | ||
enforcement, liability for acts, and the
handling of | ||
weapons. A person shall be considered eligible for this
| ||
exemption if he or she has completed the required 20
hours | ||
of training for a security officer and 20 hours of required | ||
firearm
training, and has been issued a firearm control | ||
card by
the Department of Financial and Professional | ||
Regulation. Conditions for the renewal of
firearm control | ||
cards issued under the provisions of this Section
shall be | ||
the same as for those cards issued under the provisions of | ||
the
Private Detective, Private Alarm,
Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||
control card shall be carried by the security guard at all
|
times when he or she is in possession of a concealable | ||
weapon permitted by his or her firearm control card.
| ||
(7) Agents and investigators of the Illinois | ||
Legislative Investigating
Commission authorized by the | ||
Commission to carry the weapons specified in
subsections | ||
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||
any investigation for the Commission.
| ||
(8) Persons employed by a financial institution as a | ||
security guard for the protection of
other employees and | ||
property related to such financial institution, while
| ||
actually engaged in the performance of their duties, | ||
commuting between
their homes and places of employment, or | ||
traveling between sites or
properties owned or operated by | ||
such financial institution, and who, as a security guard, | ||
is a member of a security force registered with the | ||
Department; provided that
any person so employed has | ||
successfully completed a course of study,
approved by and | ||
supervised by the Department of Financial and Professional | ||
Regulation,
consisting of not less than 40 hours of | ||
training which includes theory of
law enforcement, | ||
liability for acts, and the handling of weapons.
A person | ||
shall be considered to be eligible for this exemption if he | ||
or
she has completed the required 20 hours of training for | ||
a security officer
and 20 hours of required firearm | ||
training, and has been issued a
firearm control card by the | ||
Department of Financial and Professional Regulation.
|
Conditions for renewal of firearm control cards issued | ||
under the
provisions of this Section shall be the same as | ||
for those issued under the
provisions of the Private | ||
Detective, Private Alarm,
Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004. The
firearm control card | ||
shall be carried by the security guard at all times when he | ||
or she is in possession of a concealable
weapon permitted | ||
by his or her firearm control card. For purposes of this | ||
subsection, "financial institution" means a
bank, savings | ||
and loan association, credit union or company providing
| ||
armored car services.
| ||
(9) Any person employed by an armored car company to | ||
drive an armored
car, while actually engaged in the | ||
performance of his duties.
| ||
(10) Persons who have been classified as peace officers | ||
pursuant
to the Peace Officer Fire Investigation Act.
| ||
(11) Investigators of the Office of the State's | ||
Attorneys Appellate
Prosecutor authorized by the board of | ||
governors of the Office of the
State's Attorneys Appellate | ||
Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||
State's Attorneys Appellate Prosecutor's Act.
| ||
(12) Special investigators appointed by a State's | ||
Attorney under
Section 3-9005 of the Counties Code.
| ||
(12.5) Probation officers while in the performance of | ||
their duties, or
while commuting between their homes, | ||
places of employment or specific locations
that are part of |
their assigned duties, with the consent of the chief judge | ||
of
the circuit for which they are employed, if they have | ||
received weapons training according
to requirements of the | ||
Peace Officer and Probation Officer Firearm Training Act.
| ||
(13) Court Security Officers while in the performance | ||
of their official
duties, or while commuting between their | ||
homes and places of employment, with
the
consent of the | ||
Sheriff.
| ||
(13.5) A person employed as an armed security guard at | ||
a nuclear energy,
storage, weapons or development site or | ||
facility regulated by the Nuclear
Regulatory Commission | ||
who has completed the background screening and training
| ||
mandated by the rules and regulations of the Nuclear | ||
Regulatory Commission.
| ||
(14) Manufacture, transportation, or sale of weapons | ||
to
persons
authorized under subdivisions (1) through | ||
(13.5) of this
subsection
to
possess those weapons.
| ||
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||
to
or affect any person carrying a concealed pistol, revolver, | ||
or handgun and the person has been issued a currently valid | ||
license under the Firearm Concealed Carry Act at the time of | ||
the commission of the offense. | ||
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||
to
or affect a qualified current or retired law enforcement | ||
officer qualified under the laws of this State or under the | ||
federal Law Enforcement Officers Safety Act. |
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||
24-1.6 do not
apply to or affect
any of the following:
| ||
(1) Members of any club or organization organized for | ||
the purpose of
practicing shooting at targets upon | ||
established target ranges, whether
public or private, and | ||
patrons of such ranges, while such members
or patrons are | ||
using their firearms on those target ranges.
| ||
(2) Duly authorized military or civil organizations | ||
while parading,
with the special permission of the | ||
Governor.
| ||
(3) Hunters, trappers or fishermen with a license or
| ||
permit while engaged in hunting,
trapping or fishing.
| ||
(4) Transportation of weapons that are broken down in a
| ||
non-functioning state or are not immediately accessible.
| ||
(5) Carrying or possessing any pistol, revolver, stun | ||
gun or taser or other firearm on the land or in the legal | ||
dwelling of another person as an invitee with that person's | ||
permission. | ||
(c) Subsection 24-1(a)(7) does not apply to or affect any | ||
of the
following:
| ||
(1) Peace officers while in performance of their | ||
official duties.
| ||
(2) Wardens, superintendents and keepers of prisons, | ||
penitentiaries,
jails and other institutions for the | ||
detention of persons accused or
convicted of an offense.
| ||
(3) Members of the Armed Services or Reserve Forces of |
the United States
or the Illinois National Guard, while in | ||
the performance of their official
duty.
| ||
(4) Manufacture, transportation, or sale of machine | ||
guns to persons
authorized under subdivisions (1) through | ||
(3) of this subsection to
possess machine guns, if the | ||
machine guns are broken down in a
non-functioning state or | ||
are not immediately accessible.
| ||
(5) Persons licensed under federal law to manufacture | ||
any weapon from
which 8 or more shots or bullets can be | ||
discharged by a
single function of the firing device, or | ||
ammunition for such weapons, and
actually engaged in the | ||
business of manufacturing such weapons or
ammunition, but | ||
only with respect to activities which are within the lawful
| ||
scope of such business, such as the manufacture, | ||
transportation, or testing
of such weapons or ammunition. | ||
This exemption does not authorize the
general private | ||
possession of any weapon from which 8 or more
shots or | ||
bullets can be discharged by a single function of the | ||
firing
device, but only such possession and activities as | ||
are within the lawful
scope of a licensed manufacturing | ||
business described in this paragraph.
| ||
During transportation, such weapons shall be broken | ||
down in a
non-functioning state or not immediately | ||
accessible.
| ||
(6) The manufacture, transport, testing, delivery, | ||
transfer or sale,
and all lawful commercial or experimental |
activities necessary thereto, of
rifles, shotguns, and | ||
weapons made from rifles or shotguns,
or ammunition for | ||
such rifles, shotguns or weapons, where engaged in
by a | ||
person operating as a contractor or subcontractor pursuant | ||
to a
contract or subcontract for the development and supply | ||
of such rifles,
shotguns, weapons or ammunition to the | ||
United States government or any
branch of the Armed Forces | ||
of the United States, when such activities are
necessary | ||
and incident to fulfilling the terms of such contract.
| ||
The exemption granted under this subdivision (c)(6)
| ||
shall also apply to any authorized agent of any such | ||
contractor or
subcontractor who is operating within the | ||
scope of his employment, where
such activities involving | ||
such weapon, weapons or ammunition are necessary
and | ||
incident to fulfilling the terms of such contract.
| ||
(7) A person possessing a rifle with a barrel or | ||
barrels less than 16 inches in length if: (A) the person | ||
has been issued a Curios and Relics license from the U.S. | ||
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||
the person is an active member of a bona fide, nationally | ||
recognized military re-enacting group and the modification | ||
is required and necessary to accurately portray the weapon | ||
for historical re-enactment purposes; the re-enactor is in | ||
possession of a valid and current re-enacting group | ||
membership credential; and the overall length of the weapon | ||
as modified is not less than 26 inches. |
(d) Subsection 24-1(a)(1) does not apply to the purchase, | ||
possession
or carrying of a black-jack or slung-shot by a peace | ||
officer.
| ||
(e) Subsection 24-1(a)(8) does not apply to any owner, | ||
manager or
authorized employee of any place specified in that | ||
subsection nor to any
law enforcement officer.
| ||
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||
Section 24-1.6
do not apply
to members of any club or | ||
organization organized for the purpose of practicing
shooting | ||
at targets upon established target ranges, whether public or | ||
private,
while using their firearms on those target ranges.
| ||
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||
to:
| ||
(1) Members of the Armed Services or Reserve Forces of | ||
the United
States or the Illinois National Guard, while in | ||
the performance of their
official duty.
| ||
(2) Bonafide collectors of antique or surplus military | ||
ordnance.
| ||
(3) Laboratories having a department of forensic | ||
ballistics, or
specializing in the development of | ||
ammunition or explosive ordnance.
| ||
(4) Commerce, preparation, assembly or possession of | ||
explosive
bullets by manufacturers of ammunition licensed | ||
by the federal government,
in connection with the supply of | ||
those organizations and persons exempted
by subdivision | ||
(g)(1) of this Section, or like organizations and persons
|
outside this State, or the transportation of explosive | ||
bullets to any
organization or person exempted in this | ||
Section by a common carrier or by a
vehicle owned or leased | ||
by an exempted manufacturer.
| ||
(g-5) Subsection 24-1(a)(6) does not apply to or affect | ||
persons licensed
under federal law to manufacture any device or | ||
attachment of any kind designed,
used, or intended for use in | ||
silencing the report of any firearm, firearms, or
ammunition
| ||
for those firearms equipped with those devices, and actually | ||
engaged in the
business of manufacturing those devices, | ||
firearms, or ammunition, but only with
respect to
activities | ||
that are within the lawful scope of that business, such as the
| ||
manufacture, transportation, or testing of those devices, | ||
firearms, or
ammunition. This
exemption does not authorize the | ||
general private possession of any device or
attachment of any | ||
kind designed, used, or intended for use in silencing the
| ||
report of any firearm, but only such possession and activities | ||
as are within
the
lawful scope of a licensed manufacturing | ||
business described in this subsection
(g-5). During | ||
transportation, these devices shall be detached from any weapon
| ||
or
not immediately accessible.
| ||
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||
24-1.6 do not apply to
or affect any parole agent or parole | ||
supervisor who meets the qualifications and conditions | ||
prescribed in Section 3-14-1.5 of the Unified Code of | ||
Corrections. |
(g-7) Subsection 24-1(a)(6) does not apply to a peace | ||
officer while serving as a member of a tactical response team | ||
or special operations team. A peace officer may not personally | ||
own or apply for ownership of a device or attachment of any | ||
kind designed, used, or intended for use in silencing the | ||
report of any firearm. These devices shall be owned and | ||
maintained by lawfully recognized units of government whose | ||
duties include the investigation of criminal acts. | ||
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||
athlete's possession, transport on official Olympic and | ||
Paralympic transit systems established for athletes, or use of | ||
competition firearms sanctioned by the International Olympic | ||
Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation, or USA Shooting in | ||
connection with such athlete's training for and participation | ||
in shooting competitions at the 2016 Olympic and Paralympic | ||
Games and sanctioned test events leading up to the 2016 Olympic | ||
and Paralympic Games. | ||
(h) An information or indictment based upon a violation of | ||
any
subsection of this Article need not negative any exemptions | ||
contained in
this Article. The defendant shall have the burden | ||
of proving such an
exemption.
| ||
(i) Nothing in this Article shall prohibit, apply to, or | ||
affect
the transportation, carrying, or possession, of any | ||
pistol or revolver,
stun gun, taser, or other firearm consigned |
to a common carrier operating
under license of the State of | ||
Illinois or the federal government, where
such transportation, | ||
carrying, or possession is incident to the lawful
| ||
transportation in which such common carrier is engaged; and | ||
nothing in this
Article shall prohibit, apply to, or affect the | ||
transportation, carrying,
or possession of any pistol, | ||
revolver, stun gun, taser, or other firearm,
not the subject of | ||
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||
this Article, which is unloaded and enclosed in a case, firearm
| ||
carrying box, shipping box, or other container, by the | ||
possessor of a valid
Firearm Owners Identification Card.
| ||
(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|