HB2257 96TH GENERAL ASSEMBLY

LRB096 06199 JDS 16281 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2257

Introduced 2/18/2009, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

See Index

Creates the Citizen's Self-Defense Act. Authorizes the Department of Natural Resources to issue a license to carry a defensive firearm ("LTC") to individuals who meet, among other things, certain training and education requirements. Authorizes the holder of an LTC to carry a defensive firearm, except in an area prohibited under the Act. Requires any LTC issued by another state or municipality to be honored in Illinois. Sets out other provisions related to reciprocity. Authorizes persons who have been issued an order of protection to seek an emergency LTC. Authorizes the Department to deny an application for or revoke an LTC under certain circumstances. Sets out provisions regarding the renewal of an LTC and other administrative matters. Sets forth the penalties for certain violations of the Act. Amends the State Finance Act. Creates the Citizen Safety and Self-Defense Trust Fund as a special fund in the State treasury. Amends the Firearm Owners Identification Card Act. Provides that an ordinance of a unit of local government is invalid if inconsistent with the Citizen's Self-Defense Act. Amends the Criminal Code of 1961. Provides that persons who carry or possess a defensive firearm in accordance with the Citizen's Self-Defense Act are exempt from conviction for unlawful use of weapons and aggravated unlawful use of weapons. Provides that a firearm is not subject to confiscation solely because it is carried in violation of the Citizen's Self-Defense Act. Effective January 1, 2010.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Citizen's Self-Defense Act.

Section 5. Legislative declaration. The General Assembly finds as a matter of public policy that in order to promote and protect the health, safety, and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are qualified to carry firearms on or about their persons for the purpose of lawful self-defense of themselves and others within the State of Illinois by the establishment of a system of License to Carry Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are qualified by this Act.

Section 10. Definitions.

"Administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

"Conspicuous" means lettering in red bold typeface at least 1-1/2 inches in height against a white contrasting background that is at least 11 inches by 14 inches in size.

"Director" means the Director of the Department of Natural Resources.

"Department" means the Department of Natural Resources.

"License to Carry" ("LTC") means a license to carry a defensive firearm issued by the Department.

"Private establishment" means a building, structure, or portion of a building or structure that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.

"Prominently" means readily visible, located within 4 feet laterally of every entrance, and placed so that the bottom of the sign rests at a height of 4 to 6 feet above the floor.

"Reasonable request" means a request made under the following circumstances:

(i) the requester will prominently post a conspicuous sign at every entrance to the establishment.

(ii) the requester or the requester's agent personally informs the person that guns are prohibited in the premises and demands compliance.

Section 15. Issuance of LTC. Each applicant shall obtain an application from the Department. Each application package shall contain application instructions, an application form, and a copy of the Illinois Criminal Code use of deadly force-exoneration statute (720 ILCS 5/7-1 et seq.). The completed application form shall include (i) the applicant's name, address, gender, and date of birth, (ii) a statement that the applicant is 21 years of age or older, (iii) a statement that the applicant is a resident of the State of Illinois and has been so for at least 6 months and is a citizen or permanent resident of the United States, (iv) a statement that the applicant has not been convicted of a felony or of a crime of domestic violence, has not been adjudicated mentally ill, and is not addicted to illegal chemical substances, and (v) a statement that the applicant has read and understands Illinois law regarding use of deadly force. The applicant shall sign the form under oath and penalty of perjury. The application must be accompanied by (i) a photocopy of the applicant's valid FOID card, (ii) proof of the applicant's completion of training requirements, and (iii) a $50 fee for licensing and criminal background check. If the Department finds that the applicant has completed and signed the form, possesses a valid FOID card, and meets the training requirements, the Department must conduct a criminal background check of the applicant with the State of Illinois and the FBI. Upon confirmation of a clear criminal record, the Department shall produce and issue a wallet-sized LTC to the applicant. The time from the Department's receipt of a complete application until issuance or denial of an LTC shall not exceed 60 days. The LTC shall be valid for 5 years after the issuing date. Within 6 months of expiration, the Department shall provide the licensee with an application package by mail. Each LTC renewal shall include all the documentation required of new applications, except that additional training shall not be required. The renewal fee shall be $35, and the renewal LTC shall be valid for 5 years.

Section 20. Contents of the LTC.

(a) Each LTC issued by the Department shall contain the applicant's name, residence, date of birth, sex, physical description, recent photograph, and signature. Each LTC must have the expiration date boldly and conspicuously displayed on the face of the card. Each LTC must have printed on it the following: "This card permits the bearer to lawfully carry loaded firearms on or about his or her person." The Department shall use the person's digital photograph and signature from his or her Illinois driver's license or Illinois Identification Card, if available. The Department shall decline to use a person's digital photograph or signature if the digital photograph or signature is the result of or associated with fraudulent or erroneous data, unless otherwise provided by law.

(b) A person applying for an LTC shall consent to the Department's use of the applicant's digital driver's license or Illinois Identification Card photograph, if available, and signature on the applicant's LTC. The Secretary of State shall allow the Department to access the photograph and signature for the purpose of identifying the applicant and issuing an LTC to the applicant.

Section 25. Fees. There is hereby created as a special fund in the State treasury the Citizen Safety and Self-Defense Trust Fund. Fees collected under this Act shall be deposited into the Citizen Safety and Self-Defense Trust Fund and shall be used exclusively for administering this Act.

Section 30. Training and education requirements.

(a) Each applicant must demonstrate safe handling and proficiency with a firearm by any one of the following methods:

(1) Completion of a firearms safety or training course or class available to the general public, which includes a minimum of 8 hours of instruction on the safe use of firearms, marksmanship principles, a live fire exercise of at least 50 rounds, and the presentation of a DVD produced by the Illinois Attorney General's office explaining Illinois law regarding the lawful use of deadly force; or a course instructed by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the National Rifle Association, the Law Enforcement Training Standards Board, or the Department.

(2) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement.

(3) Presenting evidence to the Department of equivalent experience with a firearm through participation in organized shooting competition or military service.

(4) Presenting to the Department a valid license to carry a firearm issued by another state.

(5) Presenting to the Department evidence of certification as an instructor by the National Rifle Association, the Law Enforcement Training Standards Board, or the Department.

(b) Accompanying the application package shall be one or more of the following: (i) a photocopy of a certificate showing completion of a qualified course or classes; (ii) a standardized affidavit (from the instructor, school, club, organization, or group that conducted or taught the course or class) attesting to the completion of the course or class by the applicant; or (iii) a copy of any document that shows completion of the course or class. Any person who conducts a course and attests, as an instructor, to an applicant's completion of a course, must maintain records certifying that he or she instructed the applicant in the necessary subjects.

Section 35. Qualification of instructors. A person wishing to become a qualified firearms instructors shall have at least one of the following valid firearms instructor certifications: (i) National Rifle Association certified Personal Protection Instructor, (ii) National Rifle Association certified Basic Pistol Instructor, (iii) a Certification from a firearms instructor's course offered by a State or federal governmental agency, or (iv) a Certification from a similar firearms instructor qualifying course.

Section 40. Reciprocity. Any valid permit to carry a defensive firearm issued by a state or municipality shall be honored by the State of Illinois when possessed by a non-Illinois resident. Persons who have recently moved their primary residence to Illinois and hold a valid permit issued by a state or municipality may carry a defensive firearm under that permit for no more than one year following establishment of Illinois residence. Illinois residents holding a valid out-of-state permit to carry upon the effective date of this Act may carry a defensive firearm under that permit for no more than one year after the effective date of this Act. Any person carrying a defensive firearm in Illinois under authority of a permit issued by any state or municipality shall do so in accordance with the laws of the State of Illinois.

Section 45. Prohibited areas.

(a) An LTC shall authorize the licensee to carry defensive firearms on or about his or her person throughout the State of Illinois. Individuals licensed under the authority of this Act shall not be permitted to carry a firearm into those areas prohibited by federal law. Other facilities may be posted by the owner or operator of that facility as "No Carry" zones by placing an approved sign at each entrance to the facility. Each owner or operator may obtain official signs from the Department for a fee of $10 to $20 per sign. Each approved sign shall be an 11 inch by 14 inch sign with red letters on a white background. The letters shall be no less than 1.5 inches high. The sign shall read "No firearms permitted in this facility".

(b) A person carrying a firearm on or about his or her person or clothes under an LTC and who otherwise remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment may be ordered to leave the premises. A person who fails to leave when so requested is guilty of a petty offense. The fine for a first offense must not exceed $25.

(c) The owner or operator of a private establishment may not prohibit the lawful carrying or possession of firearms in a parking facility or parking area if the firearm remains in the licensee's vehicle and remains locked in the vehicle while the licensee is away from the vehicle.

(d) This subdivision does not apply to private residences. The lawful possessor of a private residence may prohibit firearms, and provide notice of that prohibition, in any lawful manner.

(e) A landlord may not restrict the lawful carrying or possession of firearms by tenants or their guests.

Section 50. Carrying while impaired. It shall be unlawful for a licensee with a blood-alcohol content in excess of .08% to carry a firearm. Violation of this Section shall result in: a $100 fine and suspension of the LTC for 60 days for a first offense; a $500 fine and suspension of the LTC for 1 year for a second offense; and a $1000 fine and revocation of the LTC for life for a third offense.

Section 55. Accessibility of records. Records regarding the application, issuance, criminal background, and other information pertaining to LTC holders shall be maintained by the Department. Moreover, the Department shall maintain a database of arrests and convictions of valid LTC holders, noting whether the conviction was for a misdemeanor or felony. These records shall be made available upon request to any federal, state, or local law enforcement agency conducting a criminal investigation. These records shall not otherwise be available to any other agency, news media, group, or individual under any circumstance.

Section 60. Emergency issuance of an LTC. Any person who has been issued an order of protection by a court shall be eligible to be issued a temporary LTC. Such persons shall apply to the Department, show proof of the order, show evidence of emergency training of at least 4 hours including live fire of at least 50 rounds, pass a criminal background check, and sign an understanding of the use of deadly force-exoneration statute (720 ILCS 5/7-1 et seq.). Upon meeting these requirements, the applicant for an emergency LTC shall be issued within 30 days an emergency LTC that shall be valid for 120 days after its issuance, in order to allow the applicant time to apply for and receive a FOID and LTC. The temporary LTC shall serve as a temporary FOID for the applicant.

Section 65. Revocation clause.

(a) The Department has authority to deny an application for or to revoke and seize an LTC previously issued under this Act if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (i) a person convicted of a felony under the laws of this State or any other jurisdiction; (ii) a person addicted to narcotics; (iii) a person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a person under legal disability under the Probate Act of 1975; or (iv) a person whose FOID card is revoked.

(b) Applicants for whom an LTC is denied and every holder of an LTC before the LTC is revoked or seized shall receive a written notice from the Department stating specifically the grounds upon which the application has been denied or upon which the LTC has been revoked.

(c) Whenever an application for an LTC is denied or the Department fails to act on an application within 60 days of its receipt as provided for in this Act, the aggrieved party may appeal to the circuit court for a hearing upon such denial, revocation, or seizure.

(d) At least 30 days before any hearing in the circuit court under this Act, the petitioner shall serve the relevant State's Attorney with a copy of the petition. The State's Attorney may object to the petition and present evidence. At the hearing, the court shall determine whether substantial justice has been done. If the court determines that substantial justice has not been done, the court shall issue an order directing the Department to take appropriate actions.

(e) Any person prohibited from possessing a firearm under Section 24-1.1 or 24-3.1 of the Criminal Code of 1961 or prohibited from acquiring an LTC under this Act may apply to the Director of the Department or petition the circuit court in the county where the petitioner resides, whichever is applicable, requesting relief from that prohibition, and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:

(1) when in the circuit court, the State's Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition;

(2) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within the 20 years preceding the applicant's application for an LTC, and at least 20 years have passed since the end of any period of imprisonment imposed in relation to such a conviction;

(3) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history, and his or her reputation are such that the applicant will not be likely to act in a manner dangerous to public safety; and

(4) granting relief would not be contrary to the public interest.

(f) The court shall review the denial of an application for or the revocation of an LTC of a person who has been adjudicated delinquent for an offense that if committed by an adult would be a felony, if an application for relief has been filed at least 10 years after the adjudication of delinquency and the court determines that the applicant should be granted relief from disability to obtain an LTC. If the court grants relief, the court shall notify the Department that the disability has been removed and that the applicant is eligible to obtain an LTC.

(g) All final administrative decisions of the Department under this Act shall be subject to judicial review under the provisions of the Administrative Review Law and the rules adopted under it.

(h) The Director of the Department shall submit a report to the General Assembly on March 1 of each year, beginning March 1, 2010, listing all final decisions by a court of this State upholding, reversing, or reversing in part any administrative decision made by the Department.

Section 70. Renewal notification. The Department shall, 90 days prior to the expiration of an LTC, forward by first class mail to each person whose card is to expire a notification of the expiration of the card and an application that may be used to apply for renewal of the LTC. Each renewal application is to be returned at least 60 days prior to expiration. Requalification is required for renewal applications filed more than one year after the LTC expiration date.

Section 75. Change of address; change of name; lost or destroyed permits. Within 60 days after the changing of a permanent residence or 60 days after loss or destruction of an LTC, the license holder shall notify the Department of the loss, destruction, change of name, or change of residence. Failure to notify the Department shall result in an administrative charge of $25 payable to the Department. If an LTC is lost or destroyed, the person to whom the permit was issued may obtain a duplicate upon paying a $10 administrative charge to the Department, furnishing a notarized statement to the Department that the permit was lost or destroyed, and submitting an application and photograph as set forth in this Act. A copy of the documents submitted to the Department shall serve as an LTC for the licensee until a corrected or replacement LTC is issued by the Department and the licensee shall be able to carry a firearm by virtue of those documents. If a person issued an LTC changes either his or her residence within this State or his or her name, the person to whom the permit was issued may upon payment of $10 to the Department obtain a corrected LTC with a change of address or change of name upon furnishing a notarized statement to the Department that the licensee has changed his or her residence or name and submitting an application as set forth in this Act.

Section 80. Altered, forged, or counterfeit LTCs. Any person who forges or materially alters an LTC or who counterfeits an LTC commits a Class A misdemeanor. Any person who knowingly possesses a forged or materially altered LTC with the intent to use it commits a Class A misdemeanor. A person who possesses an LTC with knowledge that it is counterfeit commits a Class A misdemeanor.

Section 85. Penalties.

(a) When a person's LTC has expired but the person is not otherwise disqualified from renewing the card, it is a Class C misdemeanor for that person to carry a firearm in a manner other than as provided for under the FOID Act.

(b) There shall be a 60-day grace period for renewing an expired LTC. After 60 days, the penalty of carrying except as specified in the FOID Act shall increase to a Class A misdemeanor. However, if the card holder re-qualifies and applies for a new LTC within 30 days of the violation, such charges must be dismissed.

(c) A violation of the Citizen's Self-Defense Act is a Class C misdemeanor if the person does not possess a currently valid LTC but is otherwise eligible to obtain one under this Act.

(d) Any person who knowingly enters false information on an application for an LTC, knowingly gives a false answer to any question on the application, or knowingly submits false evidence in connection with an application is guilty of a Class A misdemeanor.

Section 90. Severability. If any provision of this Act or the application of it to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid application or provision. To this end, the provisions of this Act are declared to be severable.

Section 95. Municipal ordinance submission. Within 30 days after the effective date of this Act of the 96th General Assembly, every municipality that enacts an ordinance prohibiting LTC holders from carrying a defensive firearm within its boundaries must submit to the Department of State Police a copy of the ordinance adopted by the municipality that prohibits the carrying of firearms by LTC card holders. The Department of State Police shall compile a list of these municipalities and publish them in a form available to the public free of charge and shall periodically update this compilation in a manner prescribed by the Director of State Police.

Section 100. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Citizen Safety and Self-Defense Trust Fund.

Section 905. The Firearm Owners Identification Card Act is amended by changing Section 13.1 as follows:

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. The provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act, except that an ordinance of a unit of local government, including a home rule unit, is invalid if it is inconsistent with the Citizen's Self-Defense Act. It is declared to be the policy of this State that the regulation of the right to carry defensive firearms is an exclusive power and function of the State. A home rule unit may not regulate the issuance of permits to carry defensive firearms. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 76-1939.)

Section 910. The Criminal Code of 1961 is amended by changing Sections 24-2 and 24-6 as follows:

(720 ILCS 5/24-2) (from Ch. 38, par. 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 an agency certified by the Department of 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, 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 (a)(5) shall be required to have completed a course of 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 completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(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 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.

(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 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, provided that any person so employed 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 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 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. 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.

(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.

(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.

(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 a concealed firearm by a permittee who has been issued a permit to carry a defensive firearm under the Citizen's Self-Defense Act.

(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.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(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 ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(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, those devices shall be detached from any weapon or not immediately accessible.

(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. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; 95-885, eff. 1-1-09.)

(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)

Sec. 24-6. Confiscation and disposition of weapons.

(a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.

(b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner.

The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes. A firearm is not subject to confiscation under this Section solely because it is carried in violation of the Citizen's Self-Defense Act.

(c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.

The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section.

(Source: P.A. 91-696, eff. 4-13-00.)

Section 999. Effective date. This Act takes effect January 1, 2010.