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Public Act 097-0465
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| HB0143 Enrolled | LRB097 02757 RLC 42779 b |
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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 Criminal Code of 1961 is amended by changing |
Section 24-2 as follows:
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(720 ILCS 5/24-2)
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Sec. 24-2. Exemptions.
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(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:
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(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.
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(2) Wardens, superintendents and keepers of prisons,
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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.
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(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.
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(4) Special agents employed by a railroad or a public |
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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.
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(5) Persons licensed as private security contractors, |
private
detectives, or private alarm contractors, or |
employed by an agency
certified by the Department of |
Professional Regulation, if their duties
include the |
carrying of a weapon under the provisions of the Private
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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, |
provided that such commuting
is accomplished within one |
hour from departure from home or place of
employment, as |
the case may be. Persons exempted under this subdivision
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(a)(5) shall be required to have completed a course of
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study in firearms handling and training approved and |
supervised by the
Department of Professional Regulation as |
prescribed by Section 28 of the
Private Detective, Private |
Alarm,
Private Security, Fingerprint Vendor, and Locksmith |
Act of 2004, prior
to becoming eligible for this exemption. |
The Department of Professional
Regulation shall provide |
suitable documentation demonstrating the
successful |
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completion of the prescribed firearms training. Such
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documentation shall be carried at all times when such |
persons are in
possession of a concealable weapon.
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(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 of
at |
least 5 persons registered with the Department of |
Professional
Regulation; provided that such security guard |
has successfully completed a
course of study, approved by |
and supervised by the Department of
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 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 |
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Locksmith Act of 2004. Such
firearm control card shall be |
carried by the security guard at all
times when he or she |
is in possession of a concealable weapon.
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(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
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any investigation for the Commission.
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(8) Persons employed by a financial institution 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
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properties owned or operated by such financial |
institution, provided that
any person so employed has |
successfully completed a course of study,
approved by and |
supervised by the Department of Professional Regulation,
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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
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firearm control card by the Department of Professional |
Regulation.
Conditions for renewal of firearm control |
cards issued under the
provisions of this Section shall be |
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the same as for those issued under the
provisions of the |
Private Detective, Private Alarm,
Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm |
control card shall be carried by the person so
trained at |
all times when such person is in possession of a |
concealable
weapon. For purposes of this subsection, |
"financial institution" means a
bank, savings and loan |
association, credit union or company providing
armored car |
services.
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(9) Any person employed by an armored car company to |
drive an armored
car, while actually engaged in the |
performance of his duties.
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(10) Persons who have been classified as peace officers |
pursuant
to the Peace Officer Fire Investigation Act.
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(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.
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(12) Special investigators appointed by a State's |
Attorney under
Section 3-9005 of the Counties Code.
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(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.
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(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.
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(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
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mandated by the rules and regulations of the Nuclear |
Regulatory Commission.
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(14) Manufacture, transportation, or sale of weapons |
to
persons
authorized under subdivisions (1) through |
(13.5) of this
subsection
to
possess those weapons.
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(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:
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(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.
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(2) Duly authorized military or civil organizations |
while parading,
with the special permission of the |
Governor.
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(3) Hunters, trappers or fishermen with a license or
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permit while engaged in hunting,
trapping or fishing.
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(4) Transportation of weapons that are broken down in a
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non-functioning state or are not immediately accessible.
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(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:
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(1) Peace officers while in performance of their |
official duties.
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(2) Wardens, superintendents and keepers of prisons, |
penitentiaries,
jails and other institutions for the |
detention of persons accused or
convicted of an offense.
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(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.
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(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.
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(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
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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.
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During transportation, such weapons shall be broken |
down in a
non-functioning state or not immediately |
accessible.
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(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.
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The exemption granted under this subdivision (c)(6)
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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 |
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such weapon, weapons or ammunition are necessary
and |
incident to fulfilling the terms of such contract.
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During transportation, any such weapon shall be broken |
down in a
non-functioning state, or not immediately |
accessible.
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(7) An active member of a bona fide, nationally |
recognized military re-enacting group possessing a vintage |
rifle or modern reproduction thereof with a barrel or |
barrels less than 16 inches in length for the purpose of |
using the rifle during historical re-enactments 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 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. |
During transportation, any such weapon shall be broken |
down in a
non-functioning state, or not immediately |
accessible.
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(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.
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(e) Subsection 24-1(a)(8) does not apply to any owner, |
manager or
authorized employee of any place specified in that |
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subsection nor to any
law enforcement officer.
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(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.
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(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
to:
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(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.
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(2) Bonafide collectors of antique or surplus military |
ordinance.
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(3) Laboratories having a department of forensic |
ballistics, or
specializing in the development of |
ammunition or explosive ordinance.
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(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
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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.
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(g-5) Subsection 24-1(a)(6) does not apply to or affect |
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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
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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
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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
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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, those devices shall be detached from any weapon
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or
not immediately accessible.
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(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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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-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 |
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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.
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(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
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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
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carrying box, shipping box, or other container, by the |
possessor of a valid
Firearm Owners Identification Card.
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(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; |
95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; |