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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1471
Introduced 2/9/2007, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-0.5 new |
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720 ILCS 5/24-1 |
from Ch. 38, par. 24-1 |
720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
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Amends the Criminal Code of 1961 relating to the unlawful use of weapons. Prohibits the sale, manufacture, purchase, possession, or carrying of 50 caliber rifles. Provides that a violation is a Class 2 felony, unless the weapon is possessed in the passenger compartment of the a motor vehicle or upon the person, while loaded, in which case a violation is a Class X felony. Exempts: (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; and (4) persons licensed under federal law to manufacture those weapons. Provides that the provision prohibiting the sale, manufacture, purchase, possession, or carrying of 50 caliber rifles does not apply to a person that possesses a 50 caliber rifle before the effective date of the amendatory Act. Provides that such person shall only be allowed to transfer a 50 caliber rifle to a dealer licensed as a federal firearms dealer on or after the effective date of the amendatory Act.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1471 |
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LRB095 10472 RLC 30687 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 |
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| Sections 24-1 and 24-2 and by adding Section 24-0.5 as follows: |
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| (720 ILCS 5/24-0.5 new)
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| Sec. 24-0.5. Definitions. For purposes of this Article: |
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| "50 caliber rifle" means a
centerfire rifle capable of |
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| firing a 50 caliber cartridge. The term "50 caliber rifle" does |
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| not include any antique firearm as defined in 18 U.S.C. Section |
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| 921(a)(16). The term "50 caliber rifle" does not include a |
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| shotgun with a caliber measurement that is equal to or greater |
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| than .50 caliber, or a muzzle-loader used for "black powder" |
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| hunting or battle re-enactments. |
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| "50 caliber cartridge" means a
cartridge in 50 caliber, |
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| either by designation or actual measurement, including, but not |
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| limited to, a .50 BMG cartridge. "50 caliber cartridge" does |
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| not include any memorabilia or display item that is filled with |
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| a permanent inert substance or that is otherwise permanently |
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| altered in a manner that prevents ready modification for use as |
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| live ammunition. |
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| ".50 BMG cartridge" means a cartridge that is designed and |
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| intended to be fired from a centerfire rifle and that meets all |
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| of the following criteria: |
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| (1) It has an overall length of 5.45 inches from the |
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| base to the
tip of the bullet. |
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| (2) The bullet diameter for the cartridge is from .510 |
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| to, and
including, .511 inch. |
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| (3) The case base diameter for the cartridge is from |
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| .800 inch to,
and including, .804 inch. |
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| (4) The cartridge case length is 3.91 inches. |
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| A ".50 BMG rifle" does not include any "antique firearm" |
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| nor
any curio or relic as defined in Section 178.11 of Title 27 |
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| of the
Code of Federal Regulations.
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits the offense of unlawful use of weapons |
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| when
he knowingly:
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| (1) Sells, manufactures, purchases, possesses or |
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| carries any bludgeon,
black-jack, slung-shot, sand-club, |
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| sand-bag, metal knuckles, throwing star,
or any knife, |
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| commonly referred to as a switchblade knife, which has a
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| blade that opens automatically by hand pressure applied to |
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| a button,
spring or other device in the handle of the |
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| knife, or a ballistic knife,
which is a device that propels |
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| a knifelike blade as a projectile by means
of a coil |
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| spring, elastic material or compressed gas; or
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| (2) Carries or possesses with intent to use the same |
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| unlawfully
against another, a dagger, dirk, billy, |
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| dangerous knife, razor,
stiletto, broken bottle or other |
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| piece of glass, stun gun or taser or
any other dangerous or |
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| deadly weapon or instrument of like character; or
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| (3) Carries on or about his person or in any vehicle, a |
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| tear gas gun
projector or bomb or any object containing |
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| noxious liquid gas or
substance, other than an object |
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| containing a non-lethal noxious liquid gas
or substance |
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| designed solely for personal defense carried by a person 18
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| years of age or older; or
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| (4) Carries or possesses in any vehicle or concealed on |
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| or about his
person except when on his land or in his own |
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| abode or fixed place of
business any pistol, revolver, stun |
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| gun or taser or other firearm, except
that
this subsection |
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| (a) (4) does not apply to or affect transportation of |
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| weapons
that meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind |
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| designed, used or
intended for use in silencing the report |
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| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or |
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| carries:
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| (i) a machine gun, which shall be defined for the |
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| purposes of this
subsection as any weapon,
which |
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| shoots, is designed to shoot, or can be readily |
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| restored to shoot,
automatically more than one shot |
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| without manually reloading by a single
function of the |
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| trigger, including the frame or receiver
of any such |
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| weapon, or sells, manufactures, purchases, possesses, |
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| or
carries any combination of parts designed or |
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| intended for
use in converting any weapon into a |
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| machine gun, or any combination or
parts from which a |
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| machine gun can be assembled if such parts are in the
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than |
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| 16 inches in length or a shotgun having one or more
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| barrels less than 18 inches in length or any weapon |
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| made from a rifle or
shotgun, whether by alteration, |
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| modification, or otherwise, if such a weapon
as |
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| modified has an overall length of less than 26 inches; |
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| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or |
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| other container containing an
explosive substance of |
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| over one-quarter ounce for like purposes, such
as, but |
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| not limited to, black powder bombs and Molotov |
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| cocktails or
artillery projectiles; or
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| (iv) any 50 caliber rifle; or
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| (8) Carries or possesses any firearm, stun gun or taser |
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| or other
deadly weapon in any place which is licensed to |
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| sell intoxicating
beverages, or at any public gathering |
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| held pursuant to a license issued
by any governmental body |
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| or any public gathering at which an admission
is charged, |
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| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is |
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| conducted.
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| This subsection (a)(8) does not apply to any auction or |
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| raffle of a firearm
held pursuant to
a license or permit |
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| issued by a governmental body, nor does it apply to persons
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| engaged
in firearm safety training courses; or
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| (9) Carries or possesses in a vehicle or on or about |
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| his person any
pistol, revolver, stun gun or taser or |
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| firearm or ballistic knife, when
he is hooded, robed or |
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| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon |
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| any public street,
alley, or other public lands within the |
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| corporate limits of a city, village
or incorporated town, |
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| except when an invitee thereon or therein, for the
purpose |
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| of the display of such weapon or the lawful commerce in |
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| weapons, or
except when on his land or in his own abode or |
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| fixed place of business, any
pistol, revolver, stun gun or |
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| taser or other firearm, except that this
subsection (a) |
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| (10) does not apply to or affect transportation of weapons |
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| that
meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card.
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| A "stun gun or taser", as used in this paragraph (a) |
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| means (i) any device
which is powered by electrical |
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| charging units, such as, batteries, and
which fires one or |
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| several barbs attached to a length of wire and
which, upon |
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| hitting a human, can send out a current capable of |
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| disrupting
the person's nervous system in such a manner as |
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| to render him incapable of
normal functioning or (ii) any |
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| device which is powered by electrical
charging units, such |
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| as batteries, and which, upon contact with a human or
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| clothing worn by a human, can send out current capable of |
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| disrupting
the person's nervous system in such a manner as |
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| to render him incapable
of normal functioning; or
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| (11) Sells, manufactures or purchases any explosive |
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| bullet. For purposes
of this paragraph (a) "explosive |
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| bullet" means the projectile portion of
an ammunition |
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| cartridge which contains or carries an explosive charge |
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| which
will explode upon contact with the flesh of a human |
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| or an animal.
"Cartridge" means a tubular metal case having |
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| a projectile affixed at the
front thereof and a cap or |
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| primer at the rear end thereof, with the
propellant |
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| contained in such tube between the projectile and the cap; |
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| or
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| (12) (Blank).
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| (b) Sentence. A person convicted of a violation of |
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| subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or |
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| subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person |
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| convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) |
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| commits a
Class 4 felony; a person
convicted of a violation of |
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| subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a |
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| Class 3 felony. A person convicted of a violation of subsection
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| 24-1(a)(7)(i) or subsection 24-1(a)(7)(iv) commits a Class 2 |
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| felony and shall be sentenced to a term of imprisonment of not |
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| less than 3 years and not more than 7 years, unless the weapon |
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| is possessed in the
passenger compartment of a motor vehicle as |
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| defined in Section 1-146 of the
Illinois Vehicle Code, or on |
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| the person, while the weapon is loaded, in which
case it shall |
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| be a Class X felony. A person convicted of a
second or |
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| subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
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| 24-1(a)(9), or
24-1(a)(10) commits a Class 3 felony. The |
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| possession of each weapon in violation of this Section |
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| constitutes a single and separate violation.
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| (c) Violations in specific places.
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| (1) A person who violates subsection 24-1(a)(6) or |
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| 24-1(a)(7) in any
school, regardless of the time of day or |
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| the time of year, in residential
property owned, operated |
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| or managed by a public housing agency or
leased by
a public |
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| housing agency as part of a scattered site or mixed-income
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| development, in a
public park, in a courthouse, on the real |
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| property comprising any school,
regardless of the
time of |
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| day or the time of year, on residential property owned, |
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| operated
or
managed by a public housing agency
or leased by |
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| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising |
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| any
public park, on the real property comprising any |
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| courthouse, in any conveyance
owned, leased or contracted |
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| by a school to
transport students to or from school or a |
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| school related activity, or on any
public way within 1,000 |
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| feet of the real property comprising any school,
public |
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| park, courthouse, or residential property owned, operated, |
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| or managed
by a public housing agency
or leased by a public |
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| housing agency as part of a scattered site or
mixed-income |
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| development
commits a Class 2 felony and shall be sentenced |
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| to a term of imprisonment of not less than 3 years and not |
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| more than 7 years.
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| (1.5) A person who violates subsection 24-1(a)(4), |
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| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
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| time of day or the time of year,
in residential property |
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| owned, operated, or managed by a public
housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public
park, in a |
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| courthouse, on the real property comprising any school, |
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| regardless
of the time of day or the time of year, on |
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| residential property owned,
operated, or managed by a |
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| public housing agency
or leased by a public housing agency |
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| as part of a scattered site or
mixed-income development,
on |
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| the real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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| owned, leased, or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency
or leased by a public housing agency |
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| as part of a scattered site or
mixed-income development
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| commits a Class 3 felony.
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| (2) A person who violates subsection 24-1(a)(1), |
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| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
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| time of day or the time of year, in
residential property |
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| owned, operated or managed by a public housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public park, in a |
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| courthouse, on the real property comprising any school,
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| regardless of the time of day or the time of year, on |
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| residential property
owned, operated or managed by a public |
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| housing agency
or leased by a public housing agency as part |
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| of a scattered site or
mixed-income development,
on the |
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| real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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| owned, leased or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency or leased by a public housing agency |
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| as part of a scattered
site or mixed-income development |
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| commits a Class 4 felony. "Courthouse"
means any building |
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| that is used by the Circuit, Appellate, or Supreme Court of
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| this State for the conduct of official business.
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| (3) Paragraphs (1), (1.5), and (2) of this subsection |
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| (c) shall not
apply to law
enforcement officers or security |
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| officers of such school, college, or
university or to |
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| students carrying or possessing firearms for use in |
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| training
courses, parades, hunting, target shooting on |
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| school ranges, or otherwise with
the consent of school |
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| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation |
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| package.
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| (4) For the purposes of this subsection (c), "school" |
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| means any public or
private elementary or secondary school, |
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| community college, college, or
university.
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| (d) The presence in an automobile other than a public |
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| omnibus of any
weapon, instrument or substance referred to in |
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| subsection (a)(7) is
prima facie evidence that it is in the |
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| possession of, and is being
carried by, all persons occupying |
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| such automobile at the time such
weapon, instrument or |
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| substance is found, except under the following
circumstances: |
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| (i) if such weapon, instrument or instrumentality is
found upon |
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| the person of one of the occupants therein; or (ii) if such
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| weapon, instrument or substance is found in an automobile |
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| operated for
hire by a duly licensed driver in the due, lawful |
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| and proper pursuit of
his trade, then such presumption shall |
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| not apply to the driver.
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| (e) Exemptions. Crossbows, Common or Compound bows and |
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| Underwater
Spearguns are exempted from the definition of |
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| ballistic knife as defined in
paragraph (1) of subsection (a) |
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| of this Section.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; revised |
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| 8-19-05.)
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
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| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and |
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| 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 |
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| officer to
assist in making arrests or preserving the |
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| 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 |
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| detention of persons
accused or convicted of an offense, |
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| while in the performance of their
official duty, or while |
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| commuting between their homes and places of employment.
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| (3) Members of the Armed Services or Reserve Forces of |
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| the United States
or the Illinois National Guard or the |
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| Reserve Officers Training Corps,
while in the performance |
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| 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 |
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| car companies, while
actually engaged in the performance of |
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| the duties of their employment or
commuting between their |
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| homes and places of employment; and watchmen
while actually |
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| engaged in the performance of the duties of their |
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| employment.
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| (5) Persons licensed as private security contractors, |
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| private
detectives, or private alarm contractors, or |
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| employed by an agency
certified by the Department of |
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| Professional Regulation, if their duties
include the |
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| carrying of a weapon under the provisions of the Private
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| Detective, Private Alarm,
Private Security, and Locksmith |
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| Act of 2004,
while actually
engaged in the performance of |
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| the duties of their employment or commuting
between their |
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| homes and places of employment, provided that such |
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| commuting
is accomplished within one hour from departure |
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| from home or place of
employment, as the case may be. |
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| Persons exempted under this subdivision
(a)(5) shall be |
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| required to have completed a course of
study in firearms |
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| handling and training approved and supervised by the
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| Department of Professional Regulation as prescribed by |
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| Section 28 of the
Private Detective, Private Alarm,
Private |
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| Security, and Locksmith Act of 2004, prior
to becoming |
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| eligible for this exemption. The Department of |
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| Professional
Regulation shall provide suitable |
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| documentation demonstrating the
successful completion of |
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| the prescribed firearms training. Such
documentation shall |
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| be carried at all times when such persons are in
possession |
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| of a concealable weapon.
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| (6) Any person regularly employed in a commercial or |
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| industrial
operation as a security guard for the protection |
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| of persons employed
and private property related to such |
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| commercial or industrial
operation, while actually engaged |
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| in the performance of his or her
duty or traveling between |
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| sites or properties belonging to the
employer, and who, as |
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| a security guard, is a member of a security force of
at |
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| least 5 persons registered with the Department of |
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| Professional
Regulation; provided that such security guard |
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| has successfully completed a
course of study, approved by |
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| and supervised by the Department of
Professional |
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| Regulation, consisting of not less than 40 hours of |
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| training
that includes the theory of law enforcement, |
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| liability for acts, and the
handling of weapons. A person |
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| shall be considered eligible for this
exemption if he or |
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| she has completed the required 20
hours of training for a |
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| security officer and 20 hours of required firearm
training, |
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| and has been issued a firearm authorization card by
the |
3 |
| Department of Professional Regulation. Conditions for the |
4 |
| renewal of
firearm authorization cards issued under the |
5 |
| provisions of this Section
shall be the same as for those |
6 |
| cards issued under the provisions of the
Private Detective, |
7 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. |
8 |
| Such
firearm authorization card shall be carried by the |
9 |
| security guard at all
times when he or she is in possession |
10 |
| of a concealable weapon.
|
11 |
| (7) Agents and investigators of the Illinois |
12 |
| Legislative Investigating
Commission authorized by the |
13 |
| Commission to carry the weapons specified in
subsections |
14 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
15 |
| any investigation for the Commission.
|
16 |
| (8) Persons employed by a financial institution for the |
17 |
| protection of
other employees and property related to such |
18 |
| financial institution, while
actually engaged in the |
19 |
| performance of their duties, commuting between
their homes |
20 |
| and places of employment, or traveling between sites or
|
21 |
| properties owned or operated by such financial |
22 |
| institution, provided that
any person so employed has |
23 |
| successfully completed a course of study,
approved by and |
24 |
| supervised by the Department of Professional Regulation,
|
25 |
| consisting of not less than 40 hours of training which |
26 |
| includes theory of
law enforcement, liability for acts, and |
|
|
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LRB095 10472 RLC 30687 b |
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| the handling of weapons.
A person shall be considered to be |
2 |
| eligible for this exemption if he or
she has completed the |
3 |
| required 20 hours of training for a security officer
and 20 |
4 |
| hours of required firearm training, and has been issued a
|
5 |
| firearm authorization card by the Department of |
6 |
| Professional Regulation.
Conditions for renewal of firearm |
7 |
| authorization cards issued under the
provisions of this |
8 |
| Section shall be the same as for those issued under the
|
9 |
| provisions of the Private Detective, Private Alarm,
|
10 |
| Private Security, and Locksmith Act of 2004.
Such firearm |
11 |
| authorization card shall be carried by the person so
|
12 |
| trained at all times when such person is in possession of a |
13 |
| concealable
weapon. For purposes of this subsection, |
14 |
| "financial institution" means a
bank, savings and loan |
15 |
| association, credit union or company providing
armored car |
16 |
| services.
|
17 |
| (9) Any person employed by an armored car company to |
18 |
| drive an armored
car, while actually engaged in the |
19 |
| performance of his duties.
|
20 |
| (10) Persons who have been classified as peace officers |
21 |
| pursuant
to the Peace Officer Fire Investigation Act.
|
22 |
| (11) Investigators of the Office of the State's |
23 |
| Attorneys Appellate
Prosecutor authorized by the board of |
24 |
| governors of the Office of the
State's Attorneys Appellate |
25 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the |
26 |
| State's Attorneys Appellate Prosecutor's Act.
|
|
|
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SB1471 |
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LRB095 10472 RLC 30687 b |
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| (12) Special investigators appointed by a State's |
2 |
| Attorney under
Section 3-9005 of the Counties Code.
|
3 |
| (12.5) Probation officers while in the performance of |
4 |
| their duties, or
while commuting between their homes, |
5 |
| places of employment or specific locations
that are part of |
6 |
| their assigned duties, with the consent of the chief judge |
7 |
| of
the circuit for which they are employed.
|
8 |
| (13) Court Security Officers while in the performance |
9 |
| of their official
duties, or while commuting between their |
10 |
| homes and places of employment, with
the
consent of the |
11 |
| Sheriff.
|
12 |
| (13.5) A person employed as an armed security guard at |
13 |
| a nuclear energy,
storage, weapons or development site or |
14 |
| facility regulated by the Nuclear
Regulatory Commission |
15 |
| who has completed the background screening and training
|
16 |
| mandated by the rules and regulations of the Nuclear |
17 |
| Regulatory Commission.
|
18 |
| (14) Manufacture, transportation, or sale of weapons |
19 |
| to
persons
authorized under subdivisions (1) through |
20 |
| (13.5) of this
subsection
to
possess those weapons.
|
21 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
22 |
| 24-1.6 do not
apply to or affect
any of the following:
|
23 |
| (1) Members of any club or organization organized for |
24 |
| the purpose of
practicing shooting at targets upon |
25 |
| established target ranges, whether
public or private, and |
26 |
| patrons of such ranges, while such members
or patrons are |
|
|
|
SB1471 |
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LRB095 10472 RLC 30687 b |
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|
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| using their firearms on those target ranges.
|
2 |
| (2) Duly authorized military or civil organizations |
3 |
| while parading,
with the special permission of the |
4 |
| Governor.
|
5 |
| (3) Hunters, trappers or fishermen with a license or
|
6 |
| permit while engaged in hunting,
trapping or fishing.
|
7 |
| (4) Transportation of weapons that are broken down in a
|
8 |
| non-functioning state or are not immediately accessible.
|
9 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any |
10 |
| of the
following:
|
11 |
| (1) Peace officers while in performance of their |
12 |
| official duties.
|
13 |
| (2) Wardens, superintendents and keepers of prisons, |
14 |
| penitentiaries,
jails and other institutions for the |
15 |
| detention of persons accused or
convicted of an offense.
|
16 |
| (3) Members of the Armed Services or Reserve Forces of |
17 |
| the United States
or the Illinois National Guard, while in |
18 |
| the performance of their official
duty.
|
19 |
| (4) Manufacture, transportation, or sale of machine |
20 |
| guns or 50 caliber rifles to persons
authorized under |
21 |
| subdivisions (1) through (3) of this subsection to
possess |
22 |
| machine guns or 50 caliber rifles , if the machine guns or |
23 |
| 50 caliber rifles are broken down in a
non-functioning |
24 |
| state or are not immediately accessible.
|
25 |
| (5) Persons licensed under federal law to manufacture |
26 |
| any weapon from
which 8 or more shots or bullets can be |
|
|
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SB1471 |
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LRB095 10472 RLC 30687 b |
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| discharged by a
single function of the firing device, 50 |
2 |
| caliber rifles, or ammunition for such weapons, and
|
3 |
| actually engaged in the business of manufacturing such |
4 |
| weapons or
ammunition, but only with respect to activities |
5 |
| which are within the lawful
scope of such business, such as |
6 |
| the manufacture, transportation, or testing
of such |
7 |
| weapons or ammunition. This exemption does not authorize |
8 |
| the
general private possession of any weapon from which 8 |
9 |
| or more
shots or bullets can be discharged by a single |
10 |
| function of the firing
device or 50 caliber rifle , but only |
11 |
| such possession and activities as are within the lawful
|
12 |
| scope of a licensed manufacturing business described in |
13 |
| this paragraph.
|
14 |
| During transportation, such weapons shall be broken |
15 |
| down in a
non-functioning state or not immediately |
16 |
| accessible.
|
17 |
| (6) The manufacture, transport, testing, delivery, |
18 |
| transfer or sale,
and all lawful commercial or experimental |
19 |
| activities necessary thereto, of
rifles, shotguns, and |
20 |
| weapons made from rifles or shotguns,
or ammunition for |
21 |
| such rifles, shotguns or weapons, where engaged in
by a |
22 |
| person operating as a contractor or subcontractor pursuant |
23 |
| to a
contract or subcontract for the development and supply |
24 |
| of such rifles,
shotguns, weapons or ammunition to the |
25 |
| United States government or any
branch of the Armed Forces |
26 |
| of the United States, when such activities are
necessary |
|
|
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SB1471 |
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LRB095 10472 RLC 30687 b |
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| and incident to fulfilling the terms of such contract.
|
2 |
| The exemption granted under this subdivision (c)(6)
|
3 |
| shall also apply to any authorized agent of any such |
4 |
| contractor or
subcontractor who is operating within the |
5 |
| scope of his employment, where
such activities involving |
6 |
| such weapon, weapons or ammunition are necessary
and |
7 |
| incident to fulfilling the terms of such contract.
|
8 |
| During transportation, any such weapon shall be broken |
9 |
| down in a
non-functioning state, or not immediately |
10 |
| accessible.
|
11 |
| Subsection 24-1(a)(7) dealing with 50 caliber rifles does |
12 |
| not apply to a person that possesses a 50 caliber rifle before |
13 |
| the effective date of this amendatory Act of the 95th General |
14 |
| Assembly. However, on or after the effective date of this |
15 |
| amendatory Act of the 95th General Assembly, such person shall |
16 |
| only be allowed to transfer a 50 caliber rifle to a dealer |
17 |
| licensed as a federal firearms dealer under Section 923 of the |
18 |
| federal Gun Control Act of 1968 (18 U.S.C. 923).
|
19 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
20 |
| possession
or carrying of a black-jack or slung-shot by a peace |
21 |
| officer.
|
22 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, |
23 |
| manager or
authorized employee of any place specified in that |
24 |
| subsection nor to any
law enforcement officer.
|
25 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
26 |
| Section 24-1.6
do not apply
to members of any club or |
|
|
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SB1471 |
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LRB095 10472 RLC 30687 b |
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| organization organized for the purpose of practicing
shooting |
2 |
| at targets upon established target ranges, whether public or |
3 |
| private,
while using their firearms on those target ranges.
|
4 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
5 |
| to:
|
6 |
| (1) Members of the Armed Services or Reserve Forces of |
7 |
| the United
States or the Illinois National Guard, while in |
8 |
| the performance of their
official duty.
|
9 |
| (2) Bonafide collectors of antique or surplus military |
10 |
| ordinance.
|
11 |
| (3) Laboratories having a department of forensic |
12 |
| ballistics, or
specializing in the development of |
13 |
| ammunition or explosive ordinance.
|
14 |
| (4) Commerce, preparation, assembly or possession of |
15 |
| explosive
bullets by manufacturers of ammunition licensed |
16 |
| by the federal government,
in connection with the supply of |
17 |
| those organizations and persons exempted
by subdivision |
18 |
| (g)(1) of this Section, or like organizations and persons
|
19 |
| outside this State, or the transportation of explosive |
20 |
| bullets to any
organization or person exempted in this |
21 |
| Section by a common carrier or by a
vehicle owned or leased |
22 |
| by an exempted manufacturer.
|
23 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect |
24 |
| persons licensed
under federal law to manufacture any device or |
25 |
| attachment of any kind designed,
used, or intended for use in |
26 |
| silencing the report of any firearm, firearms, or
ammunition
|
|
|
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SB1471 |
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LRB095 10472 RLC 30687 b |
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|
1 |
| for those firearms equipped with those devices, and actually |
2 |
| engaged in the
business of manufacturing those devices, |
3 |
| firearms, or ammunition, but only with
respect to
activities |
4 |
| that are within the lawful scope of that business, such as the
|
5 |
| manufacture, transportation, or testing of those devices, |
6 |
| firearms, or
ammunition. This
exemption does not authorize the |
7 |
| general private possession of any device or
attachment of any |
8 |
| kind designed, used, or intended for use in silencing the
|
9 |
| report of any firearm, but only such possession and activities |
10 |
| as are within
the
lawful scope of a licensed manufacturing |
11 |
| business described in this subsection
(g-5). During |
12 |
| transportation, those devices shall be detached from any weapon
|
13 |
| or
not immediately accessible.
|
14 |
| (h) An information or indictment based upon a violation of |
15 |
| any
subsection of this Article need not negative any exemptions |
16 |
| contained in
this Article. The defendant shall have the burden |
17 |
| of proving such an
exemption.
|
18 |
| (i) Nothing in this Article shall prohibit, apply to, or |
19 |
| affect
the transportation, carrying, or possession, of any |
20 |
| pistol or revolver,
stun gun, taser, or other firearm consigned |
21 |
| to a common carrier operating
under license of the State of |
22 |
| Illinois or the federal government, where
such transportation, |
23 |
| carrying, or possession is incident to the lawful
|
24 |
| transportation in which such common carrier is engaged; and |
25 |
| nothing in this
Article shall prohibit, apply to, or affect the |
26 |
| transportation, carrying,
or possession of any pistol, |
|
|
|
SB1471 |
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LRB095 10472 RLC 30687 b |
|
|
1 |
| revolver, stun gun, taser, or other firearm,
not the subject of |
2 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
3 |
| this Article, which is unloaded and enclosed in a case, firearm
|
4 |
| carrying box, shipping box, or other container, by the |
5 |
| possessor of a valid
Firearm Owners Identification Card.
|
6 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, |
7 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
|