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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.6, and 24-2 as follows:
| ||||||||||||||||||||||||||||
6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||||||||||||||||||||||||
7 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||||||||||||||||||||||||
8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||
9 | when
he knowingly:
| ||||||||||||||||||||||||||||
10 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||||
11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||||
12 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||||
13 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||||
14 | commonly referred to as a switchblade knife, which has a
| ||||||||||||||||||||||||||||
15 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||||
16 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||||
17 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||||
18 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||||
19 | spring, elastic material or compressed gas; or
| ||||||||||||||||||||||||||||
20 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||
21 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||||
22 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||||||||||||||||||||||||
23 | piece of glass, stun gun or taser or
any other dangerous or |
| |||||||
| |||||||
1 | deadly weapon or instrument of like character; or
| ||||||
2 | (3) Carries on or about his person or in any vehicle, a | ||||||
3 | tear gas gun
projector or bomb or any object containing | ||||||
4 | noxious liquid gas or
substance, other than an object | ||||||
5 | containing a non-lethal noxious liquid gas
or substance | ||||||
6 | designed solely for personal defense carried by a person 18
| ||||||
7 | years of age or older; or
| ||||||
8 | (4) Carries or possesses in any vehicle or concealed on | ||||||
9 | or about his
person except when on his land or in his own | ||||||
10 | abode, legal dwelling, or fixed place of
business, or on | ||||||
11 | the land or in the legal dwelling of another person as an | ||||||
12 | invitee with that person's permission, any pistol, | ||||||
13 | revolver, stun gun or taser or other firearm, except
that
| ||||||
14 | this subsection (a) (4) does not apply to or affect | ||||||
15 | transportation of weapons
that meet one of the following | ||||||
16 | conditions:
| ||||||
17 | (i) are broken down in a non-functioning state; or
| ||||||
18 | (ii) are not immediately accessible; or
| ||||||
19 | (iii) are unloaded and enclosed in a firearm case, | ||||||
20 | firearm carrying box,
shipping box, or other portable | ||||||
21 | container designed for the safe transportation of | ||||||
22 | firearms by a person who has been issued a currently
| ||||||
23 | valid Firearm Owner's
Identification Card; or
| ||||||
24 | (5) Sets a spring gun; or
| ||||||
25 | (6) Possesses any device or attachment of any kind | ||||||
26 | designed, used or
intended for use in silencing the report |
| |||||||
| |||||||
1 | of any firearm; or
| ||||||
2 | (7) Sells, manufactures, purchases, possesses or | ||||||
3 | carries:
| ||||||
4 | (i) a machine gun, which shall be defined for the | ||||||
5 | purposes of this
subsection as any weapon,
which | ||||||
6 | shoots, is designed to shoot, or can be readily | ||||||
7 | restored to shoot,
automatically more than one shot | ||||||
8 | without manually reloading by a single
function of the | ||||||
9 | trigger, including the frame or receiver
of any such | ||||||
10 | weapon, or sells, manufactures, purchases, possesses, | ||||||
11 | or
carries any combination of parts designed or | ||||||
12 | intended for
use in converting any weapon into a | ||||||
13 | machine gun, or any combination or
parts from which a | ||||||
14 | machine gun can be assembled if such parts are in the
| ||||||
15 | possession or under the control of a person;
| ||||||
16 | (ii) any rifle having one or
more barrels less than | ||||||
17 | 16 inches in length or a shotgun having one or more
| ||||||
18 | barrels less than 18 inches in length or any weapon | ||||||
19 | made from a rifle or
shotgun, whether by alteration, | ||||||
20 | modification, or otherwise, if such a weapon
as | ||||||
21 | modified has an overall length of less than 26 inches; | ||||||
22 | or
| ||||||
23 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
24 | other container containing an
explosive substance of | ||||||
25 | over one-quarter ounce for like purposes, such
as, but | ||||||
26 | not limited to, black powder bombs and Molotov |
| |||||||
| |||||||
1 | cocktails or
artillery projectiles; or
| ||||||
2 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
3 | or other
deadly weapon in any place which is licensed to | ||||||
4 | sell intoxicating
beverages, or at any public gathering | ||||||
5 | held pursuant to a license issued
by any governmental body | ||||||
6 | or any public gathering at which an admission
is charged, | ||||||
7 | excluding a place where a showing, demonstration or lecture
| ||||||
8 | involving the exhibition of unloaded firearms is | ||||||
9 | conducted.
| ||||||
10 | This subsection (a)(8) does not apply to any auction or | ||||||
11 | raffle of a firearm
held pursuant to
a license or permit | ||||||
12 | issued by a governmental body, nor does it apply to persons
| ||||||
13 | engaged
in firearm safety training courses; or
| ||||||
14 | (9) Carries or possesses in a vehicle or on or about | ||||||
15 | his person any
pistol, revolver, stun gun or taser or | ||||||
16 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
17 | masked in such manner as to conceal his identity; or
| ||||||
18 | (10) Carries or possesses on or about his person, upon | ||||||
19 | any public street,
alley, or other public lands within the | ||||||
20 | corporate limits of a city, village
or incorporated town, | ||||||
21 | except when an invitee thereon or therein, for the
purpose | ||||||
22 | of the display of such weapon or the lawful commerce in | ||||||
23 | weapons, or
except when on his land or in his own abode, | ||||||
24 | legal dwelling, or fixed place of business, or on the land | ||||||
25 | or in the legal dwelling of another person as an invitee | ||||||
26 | with that person's permission, any
pistol, revolver, stun |
| |||||||
| |||||||
1 | gun or taser or other firearm, except that this
subsection | ||||||
2 | (a) (10) does not apply to or affect transportation of | ||||||
3 | weapons that
meet one of the following conditions:
| ||||||
4 | (i) are broken down in a non-functioning state; or
| ||||||
5 | (ii) are not immediately accessible; or
| ||||||
6 | (iii) are unloaded and enclosed in a firearm case, | ||||||
7 | firearm carrying box,
shipping box, or other portable | ||||||
8 | container designed for the safe transportation of | ||||||
9 | firearms by a person who has been issued a currently
| ||||||
10 | valid Firearm Owner's
Identification Card.
| ||||||
11 | A "stun gun or taser", as used in this paragraph (a) | ||||||
12 | means (i) any device
which is powered by electrical | ||||||
13 | charging units, such as, batteries, and
which fires one or | ||||||
14 | several barbs attached to a length of wire and
which, upon | ||||||
15 | hitting a human, can send out a current capable of | ||||||
16 | disrupting
the person's nervous system in such a manner as | ||||||
17 | to render him incapable of
normal functioning or (ii) any | ||||||
18 | device which is powered by electrical
charging units, such | ||||||
19 | as batteries, and which, upon contact with a human or
| ||||||
20 | clothing worn by a human, can send out current capable of | ||||||
21 | disrupting
the person's nervous system in such a manner as | ||||||
22 | to render him incapable
of normal functioning; or
| ||||||
23 | (11) Sells, manufactures or purchases any explosive | ||||||
24 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
25 | bullet" means the projectile portion of
an ammunition | ||||||
26 | cartridge which contains or carries an explosive charge |
| |||||||
| |||||||
1 | which
will explode upon contact with the flesh of a human | ||||||
2 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
3 | a projectile affixed at the
front thereof and a cap or | ||||||
4 | primer at the rear end thereof, with the
propellant | ||||||
5 | contained in such tube between the projectile and the cap; | ||||||
6 | or
| ||||||
7 | (12) (Blank); or
| ||||||
8 | (13) Carries or possesses on or about his or her person | ||||||
9 | while in a building occupied by a unit of government, a | ||||||
10 | billy club, other weapon of like character, or other | ||||||
11 | instrument of like character intended for use as a weapon. | ||||||
12 | For the purposes of this Section, "billy club" means a | ||||||
13 | short stick or club commonly carried by police officers | ||||||
14 | which is either telescopic or constructed of a solid piece | ||||||
15 | of wood or other man-made material. | ||||||
16 | (b) Sentence. A person convicted of a violation of | ||||||
17 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
18 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
19 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
20 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
21 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
22 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
23 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
24 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
25 | of not less than 3 years and not more than 7 years, unless the | ||||||
26 | weapon is possessed in the
passenger compartment of a motor |
| |||||||
| |||||||
1 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
2 | Code, or on the person, while the weapon is loaded, in which
| ||||||
3 | case it shall be a Class X felony. A person convicted of a
| ||||||
4 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
5 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
6 | felony. The possession of each weapon in violation of this | ||||||
7 | Section constitutes a single and separate violation.
| ||||||
8 | (c) Violations in specific places.
| ||||||
9 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
10 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
11 | the time of year, in residential
property owned, operated | ||||||
12 | or managed by a public housing agency or
leased by
a public | ||||||
13 | housing agency as part of a scattered site or mixed-income
| ||||||
14 | development, in a
public park, in a courthouse, on the real | ||||||
15 | property comprising any school,
regardless of the
time of | ||||||
16 | day or the time of year, on residential property owned, | ||||||
17 | operated
or
managed by a public housing agency
or leased by | ||||||
18 | a public housing agency as part of a scattered site or
| ||||||
19 | mixed-income development,
on the real property comprising | ||||||
20 | any
public park, on the real property comprising any | ||||||
21 | courthouse, in any conveyance
owned, leased or contracted | ||||||
22 | by a school to
transport students to or from school or a | ||||||
23 | school related activity, in any conveyance
owned, leased, | ||||||
24 | or contracted by a public transportation agency, or on any
| ||||||
25 | public way within 1,000 feet of the real property | ||||||
26 | comprising any school,
public park, courthouse, public |
| |||||||
| |||||||
1 | transportation facility, or residential property owned, | ||||||
2 | operated, or managed
by a public housing agency
or leased | ||||||
3 | by a public housing agency as part of a scattered site or
| ||||||
4 | mixed-income development
commits a Class 2 felony and shall | ||||||
5 | be sentenced to a term of imprisonment of not less than 3 | ||||||
6 | years and not more than 7 years.
| ||||||
7 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
8 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
9 | time of day or the time of year,
in residential property | ||||||
10 | owned, operated, or managed by a public
housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public
park, in a | ||||||
13 | courthouse, on the real property comprising any school, | ||||||
14 | regardless
of the time of day or the time of year, on | ||||||
15 | residential property owned,
operated, or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
on | ||||||
18 | the real property
comprising any public park, on the real | ||||||
19 | property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased, or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, in | ||||||
22 | any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development
| ||||||
3 | commits a Class 3 felony.
| ||||||
4 | (2) A person who violates subsection 24-1(a)(1), | ||||||
5 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
6 | time of day or the time of year, in
residential property | ||||||
7 | owned, operated or managed by a public housing
agency
or | ||||||
8 | leased by a public housing agency as part of a scattered | ||||||
9 | site or
mixed-income development,
in
a public park, in a | ||||||
10 | courthouse, on the real property comprising any school,
| ||||||
11 | regardless of the time of day or the time of year, on | ||||||
12 | residential property
owned, operated or managed by a public | ||||||
13 | housing agency
or leased by a public housing agency as part | ||||||
14 | of a scattered site or
mixed-income development,
on the | ||||||
15 | real property
comprising any public park, on the real | ||||||
16 | property comprising any courthouse, in
any conveyance | ||||||
17 | owned, leased or contracted by a school to transport | ||||||
18 | students
to or from school or a school related activity, in | ||||||
19 | any conveyance
owned, leased, or contracted by a public | ||||||
20 | transportation agency, or on any public way within
1,000 | ||||||
21 | feet of the real property comprising any school, public | ||||||
22 | park, courthouse,
public transportation facility, or | ||||||
23 | residential property owned, operated, or managed by a | ||||||
24 | public
housing agency or leased by a public housing agency | ||||||
25 | as part of a scattered
site or mixed-income development | ||||||
26 | commits a Class 4 felony. "Courthouse"
means any building |
| |||||||
| |||||||
1 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
2 | this State for the conduct of official business.
| ||||||
3 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
4 | (c) shall not
apply to law
enforcement officers or security | ||||||
5 | officers of such school, college, or
university or to | ||||||
6 | students carrying or possessing firearms for use in | ||||||
7 | training
courses, parades, hunting, target shooting on | ||||||
8 | school ranges, or otherwise with
the consent of school | ||||||
9 | authorities and which firearms are transported unloaded
| ||||||
10 | enclosed in a suitable case, box, or transportation | ||||||
11 | package.
| ||||||
12 | (4) For the purposes of this subsection (c), "school" | ||||||
13 | means any public or
private elementary or secondary school, | ||||||
14 | community college, college, or
university.
| ||||||
15 | (5) For the purposes of this subsection (c), "public | ||||||
16 | transportation agency" means a public or private agency | ||||||
17 | that provides for the transportation or conveyance of
| ||||||
18 | persons by means available to the general public, except | ||||||
19 | for transportation
by automobiles not used for conveyance | ||||||
20 | of the general public as passengers; and "public | ||||||
21 | transportation facility" means a terminal or other place
| ||||||
22 | where one may obtain public transportation.
| ||||||
23 | (d) The presence in an automobile other than a public | ||||||
24 | omnibus of any
weapon, instrument or substance referred to in | ||||||
25 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
26 | possession of, and is being
carried by, all persons occupying |
| |||||||
| |||||||
1 | such automobile at the time such
weapon, instrument or | ||||||
2 | substance is found, except under the following
circumstances: | ||||||
3 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
4 | the person of one of the occupants therein; or (ii) if such
| ||||||
5 | weapon, instrument or substance is found in an automobile | ||||||
6 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
7 | and proper pursuit of
his trade, then such presumption shall | ||||||
8 | not apply to the driver.
| ||||||
9 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
10 | Underwater
Spearguns are exempted from the definition of | ||||||
11 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
12 | of this Section.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
14 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
15 | 96-742, eff. 8-25-09; revised 10-9-09.)
| ||||||
16 | (720 ILCS 5/24-1.6)
| ||||||
17 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
18 | (a) A person commits the offense of aggravated unlawful use | ||||||
19 | of a weapon when
he or she knowingly:
| ||||||
20 | (1) Carries on or about his or her person or in any | ||||||
21 | vehicle or concealed
on or about his or her person except | ||||||
22 | when on his or her land or in his or her
abode, legal | ||||||
23 | dwelling, or fixed place of business, or on the land or in | ||||||
24 | the legal dwelling of another person as an invitee with | ||||||
25 | that person's permission, any pistol, revolver, stun gun or |
| |||||||
| |||||||
1 | taser or
other firearm; or
| ||||||
2 | (2) Carries or possesses on or about his or her person, | ||||||
3 | upon any public
street, alley, or other public lands within | ||||||
4 | the corporate limits of a city,
village or incorporated | ||||||
5 | town, except when an invitee thereon or therein, for
the | ||||||
6 | purpose of the display of such weapon or the lawful | ||||||
7 | commerce in weapons, or
except when on his or her own land | ||||||
8 | or in his or her own abode, legal dwelling, or fixed place | ||||||
9 | of
business, or on the land or in the legal dwelling of | ||||||
10 | another person as an invitee with that person's permission, | ||||||
11 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
12 | and
| ||||||
13 | (3) One of the following factors is present:
| ||||||
14 | (A) the firearm possessed was uncased, loaded and | ||||||
15 | immediately accessible
at the time of the offense; or
| ||||||
16 | (B) the firearm possessed was uncased, unloaded | ||||||
17 | and the ammunition for
the weapon was immediately | ||||||
18 | accessible at the time of the offense; or
| ||||||
19 | (C) the person possessing the firearm has not been | ||||||
20 | issued a currently
valid Firearm Owner's | ||||||
21 | Identification Card; or
| ||||||
22 | (D) the person possessing the weapon was | ||||||
23 | previously adjudicated
a delinquent minor under the | ||||||
24 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
25 | by an adult would be a felony; or
| ||||||
26 | (E) the person possessing the weapon was engaged in |
| |||||||
| |||||||
1 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
2 | a misdemeanor violation of the Illinois Controlled | ||||||
3 | Substances
Act, or in a misdemeanor violation of the | ||||||
4 | Methamphetamine Control and Community Protection Act; | ||||||
5 | or
| ||||||
6 | (F) (blank); or
| ||||||
7 | (G) the person possessing the weapon had a order of | ||||||
8 | protection issued
against him or her within the | ||||||
9 | previous 2 years; or
| ||||||
10 | (H) the person possessing the weapon was engaged in | ||||||
11 | the commission or
attempted commission of
a | ||||||
12 | misdemeanor involving the use or threat of violence | ||||||
13 | against
the person or property of another; or
| ||||||
14 | (I) the person possessing the weapon was under 21 | ||||||
15 | years of age and in
possession of a handgun as defined | ||||||
16 | in Section 24-3, unless the person under 21
is engaged | ||||||
17 | in lawful activities under the Wildlife Code or | ||||||
18 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
19 | 24-2(f).
| ||||||
20 | (b) "Stun gun or taser" as used in this Section has the | ||||||
21 | same definition
given to it in Section 24-1 of this Code.
| ||||||
22 | (c) This Section does not apply to or affect the | ||||||
23 | transportation or
possession
of weapons that:
| ||||||
24 | (i) are broken down in a non-functioning state; or
| ||||||
25 | (ii) are not immediately accessible; or
| ||||||
26 | (iii) are unloaded and enclosed in a firearm case, |
| |||||||
| |||||||
1 | firearm carrying box,
shipping box, or other portable | ||||||
2 | container designed for the safe transportation of | ||||||
3 | firearms by a person who has been issued a currently
| ||||||
4 | valid Firearm Owner's
Identification Card.
| ||||||
5 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
6 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
7 | felony for which the person shall be sentenced to a term of | ||||||
8 | imprisonment of not less than 3 years and not more than 7 | ||||||
9 | years. Aggravated unlawful use of
a weapon by a person who has | ||||||
10 | been previously
convicted of a felony in this State or another | ||||||
11 | jurisdiction is a Class 2
felony for which the person shall be | ||||||
12 | sentenced to a term of imprisonment of not less than 3 years | ||||||
13 | and not more than 7 years. Aggravated unlawful use of a weapon | ||||||
14 | while wearing or in possession of body armor as defined in | ||||||
15 | Section 33F-1 by a person who has not been issued a valid | ||||||
16 | Firearms Owner's Identification Card in accordance with | ||||||
17 | Section 5 of the Firearm Owners Identification Card Act is a | ||||||
18 | Class X felony.
The possession of each firearm in violation of | ||||||
19 | this Section constitutes a single and separate violation.
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
21 | 96-829, eff. 12-3-09.)
| ||||||
22 | (720 ILCS 5/24-2)
| ||||||
23 | Sec. 24-2. Exemptions.
| ||||||
24 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
25 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (1) Peace officers, and any person summoned by a peace | ||||||
3 | officer to
assist in making arrests or preserving the | ||||||
4 | peace, while actually engaged in
assisting such officer.
| ||||||
5 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
6 | penitentiaries, jails and other institutions for the | ||||||
7 | detention of persons
accused or convicted of an offense, | ||||||
8 | while in the performance of their
official duty, or while | ||||||
9 | commuting between their homes and places of employment.
| ||||||
10 | (3) Members of the Armed Services or Reserve Forces of | ||||||
11 | the United States
or the Illinois National Guard or the | ||||||
12 | Reserve Officers Training Corps,
while in the performance | ||||||
13 | of their official duty.
| ||||||
14 | (4) Special agents employed by a railroad or a public | ||||||
15 | utility to
perform police functions, and guards of armored | ||||||
16 | car companies, while
actually engaged in the performance of | ||||||
17 | the duties of their employment or
commuting between their | ||||||
18 | homes and places of employment; and watchmen
while actually | ||||||
19 | engaged in the performance of the duties of their | ||||||
20 | employment.
| ||||||
21 | (5) Persons licensed as private security contractors, | ||||||
22 | private
detectives, or private alarm contractors, or | ||||||
23 | employed by an agency
certified by the Department of | ||||||
24 | Professional Regulation, if their duties
include the | ||||||
25 | carrying of a weapon under the provisions of the Private
| ||||||
26 | Detective, Private Alarm,
Private Security, Fingerprint |
| |||||||
| |||||||
1 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
2 | in the performance of the duties of their employment or | ||||||
3 | commuting
between their homes and places of employment, | ||||||
4 | provided that such commuting
is accomplished within one | ||||||
5 | hour from departure from home or place of
employment, as | ||||||
6 | the case may be. Persons exempted under this subdivision
| ||||||
7 | (a)(5) shall be required to have completed a course of
| ||||||
8 | study in firearms handling and training approved and | ||||||
9 | supervised by the
Department of Professional Regulation as | ||||||
10 | prescribed by Section 28 of the
Private Detective, Private | ||||||
11 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
12 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
13 | The Department of Professional
Regulation shall provide | ||||||
14 | suitable documentation demonstrating the
successful | ||||||
15 | completion of the prescribed firearms training. Such
| ||||||
16 | documentation shall be carried at all times when such | ||||||
17 | persons are in
possession of a concealable weapon.
| ||||||
18 | (6) Any person regularly employed in a commercial or | ||||||
19 | industrial
operation as a security guard for the protection | ||||||
20 | of persons employed
and private property related to such | ||||||
21 | commercial or industrial
operation, while actually engaged | ||||||
22 | in the performance of his or her
duty or traveling between | ||||||
23 | sites or properties belonging to the
employer, and who, as | ||||||
24 | a security guard, is a member of a security force of
at | ||||||
25 | least 5 persons registered with the Department of | ||||||
26 | Professional
Regulation; provided that such security guard |
| |||||||
| |||||||
1 | has successfully completed a
course of study, approved by | ||||||
2 | and supervised by the Department of
Professional | ||||||
3 | Regulation, consisting of not less than 40 hours of | ||||||
4 | training
that includes the theory of law enforcement, | ||||||
5 | liability for acts, and the
handling of weapons. A person | ||||||
6 | shall be considered eligible for this
exemption if he or | ||||||
7 | she has completed the required 20
hours of training for a | ||||||
8 | security officer and 20 hours of required firearm
training, | ||||||
9 | and has been issued a firearm control card by
the | ||||||
10 | Department of Professional Regulation. Conditions for the | ||||||
11 | renewal of
firearm control cards issued under the | ||||||
12 | provisions of this Section
shall be the same as for those | ||||||
13 | cards issued under the provisions of the
Private Detective, | ||||||
14 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
15 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
16 | carried by the security guard at all
times when he or she | ||||||
17 | is in possession of a concealable weapon.
| ||||||
18 | (7) Agents and investigators of the Illinois | ||||||
19 | Legislative Investigating
Commission authorized by the | ||||||
20 | Commission to carry the weapons specified in
subsections | ||||||
21 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
22 | any investigation for the Commission.
| ||||||
23 | (8) Persons employed by a financial institution for the | ||||||
24 | protection of
other employees and property related to such | ||||||
25 | financial institution, while
actually engaged in the | ||||||
26 | performance of their duties, commuting between
their homes |
| |||||||
| |||||||
1 | and places of employment, or traveling between sites or
| ||||||
2 | properties owned or operated by such financial | ||||||
3 | institution, provided that
any person so employed has | ||||||
4 | successfully completed a course of study,
approved by and | ||||||
5 | supervised by the Department of Professional Regulation,
| ||||||
6 | consisting of not less than 40 hours of training which | ||||||
7 | includes theory of
law enforcement, liability for acts, and | ||||||
8 | the handling of weapons.
A person shall be considered to be | ||||||
9 | eligible for this exemption if he or
she has completed the | ||||||
10 | required 20 hours of training for a security officer
and 20 | ||||||
11 | hours of required firearm training, and has been issued a
| ||||||
12 | firearm control card by the Department of Professional | ||||||
13 | Regulation.
Conditions for renewal of firearm control | ||||||
14 | cards issued under the
provisions of this Section shall be | ||||||
15 | the same as for those issued under the
provisions of the | ||||||
16 | Private Detective, Private Alarm,
Private Security, | ||||||
17 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
18 | control card shall be carried by the person so
trained at | ||||||
19 | all times when such person is in possession of a | ||||||
20 | concealable
weapon. For purposes of this subsection, | ||||||
21 | "financial institution" means a
bank, savings and loan | ||||||
22 | association, credit union or company providing
armored car | ||||||
23 | services.
| ||||||
24 | (9) Any person employed by an armored car company to | ||||||
25 | drive an armored
car, while actually engaged in the | ||||||
26 | performance of his duties.
|
| |||||||
| |||||||
1 | (10) Persons who have been classified as peace officers | ||||||
2 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
3 | (11) Investigators of the Office of the State's | ||||||
4 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
5 | governors of the Office of the
State's Attorneys Appellate | ||||||
6 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
7 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
8 | (12) Special investigators appointed by a State's | ||||||
9 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
10 | (12.5) Probation officers while in the performance of | ||||||
11 | their duties, or
while commuting between their homes, | ||||||
12 | places of employment or specific locations
that are part of | ||||||
13 | their assigned duties, with the consent of the chief judge | ||||||
14 | of
the circuit for which they are employed.
| ||||||
15 | (13) Court Security Officers while in the performance | ||||||
16 | of their official
duties, or while commuting between their | ||||||
17 | homes and places of employment, with
the
consent of the | ||||||
18 | Sheriff.
| ||||||
19 | (13.5) A person employed as an armed security guard at | ||||||
20 | a nuclear energy,
storage, weapons or development site or | ||||||
21 | facility regulated by the Nuclear
Regulatory Commission | ||||||
22 | who has completed the background screening and training
| ||||||
23 | mandated by the rules and regulations of the Nuclear | ||||||
24 | Regulatory Commission.
| ||||||
25 | (14) Manufacture, transportation, or sale of weapons | ||||||
26 | to
persons
authorized under subdivisions (1) through |
| |||||||
| |||||||
1 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
2 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
3 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
4 | (1) Members of any club or organization organized for | ||||||
5 | the purpose of
practicing shooting at targets upon | ||||||
6 | established target ranges, whether
public or private, and | ||||||
7 | patrons of such ranges, while such members
or patrons are | ||||||
8 | using their firearms on those target ranges.
| ||||||
9 | (2) Duly authorized military or civil organizations | ||||||
10 | while parading,
with the special permission of the | ||||||
11 | Governor.
| ||||||
12 | (3) Hunters, trappers or fishermen with a license or
| ||||||
13 | permit while engaged in hunting,
trapping or fishing.
| ||||||
14 | (4) Transportation of weapons that are broken down in a
| ||||||
15 | non-functioning state or are not immediately accessible.
| ||||||
16 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
17 | gun or taser or other firearm on the land or in the legal | ||||||
18 | dwelling of another person as an invitee with that person's | ||||||
19 | permission. | ||||||
20 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
21 | of the
following:
| ||||||
22 | (1) Peace officers while in performance of their | ||||||
23 | official duties.
| ||||||
24 | (2) Wardens, superintendents and keepers of prisons, | ||||||
25 | penitentiaries,
jails and other institutions for the | ||||||
26 | detention of persons accused or
convicted of an offense.
|
| |||||||
| |||||||
1 | (3) Members of the Armed Services or Reserve Forces of | ||||||
2 | the United States
or the Illinois National Guard, while in | ||||||
3 | the performance of their official
duty.
| ||||||
4 | (4) Manufacture, transportation, or sale of machine | ||||||
5 | guns to persons
authorized under subdivisions (1) through | ||||||
6 | (3) of this subsection to
possess machine guns, if the | ||||||
7 | machine guns are broken down in a
non-functioning state or | ||||||
8 | are not immediately accessible.
| ||||||
9 | (5) Persons licensed under federal law to manufacture | ||||||
10 | any weapon from
which 8 or more shots or bullets can be | ||||||
11 | discharged by a
single function of the firing device, or | ||||||
12 | ammunition for such weapons, and
actually engaged in the | ||||||
13 | business of manufacturing such weapons or
ammunition, but | ||||||
14 | only with respect to activities which are within the lawful
| ||||||
15 | scope of such business, such as the manufacture, | ||||||
16 | transportation, or testing
of such weapons or ammunition. | ||||||
17 | This exemption does not authorize the
general private | ||||||
18 | possession of any weapon from which 8 or more
shots or | ||||||
19 | bullets can be discharged by a single function of the | ||||||
20 | firing
device, but only such possession and activities as | ||||||
21 | are within the lawful
scope of a licensed manufacturing | ||||||
22 | business described in this paragraph.
| ||||||
23 | During transportation, such weapons shall be broken | ||||||
24 | down in a
non-functioning state or not immediately | ||||||
25 | accessible.
| ||||||
26 | (6) The manufacture, transport, testing, delivery, |
| |||||||
| |||||||
1 | transfer or sale,
and all lawful commercial or experimental | ||||||
2 | activities necessary thereto, of
rifles, shotguns, and | ||||||
3 | weapons made from rifles or shotguns,
or ammunition for | ||||||
4 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
5 | person operating as a contractor or subcontractor pursuant | ||||||
6 | to a
contract or subcontract for the development and supply | ||||||
7 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
8 | United States government or any
branch of the Armed Forces | ||||||
9 | of the United States, when such activities are
necessary | ||||||
10 | and incident to fulfilling the terms of such contract.
| ||||||
11 | The exemption granted under this subdivision (c)(6)
| ||||||
12 | shall also apply to any authorized agent of any such | ||||||
13 | contractor or
subcontractor who is operating within the | ||||||
14 | scope of his employment, where
such activities involving | ||||||
15 | such weapon, weapons or ammunition are necessary
and | ||||||
16 | incident to fulfilling the terms of such contract.
| ||||||
17 | During transportation, any such weapon shall be broken | ||||||
18 | down in a
non-functioning state, or not immediately | ||||||
19 | accessible.
| ||||||
20 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
21 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
22 | officer.
| ||||||
23 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
24 | manager or
authorized employee of any place specified in that | ||||||
25 | subsection nor to any
law enforcement officer.
| ||||||
26 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| |||||||
| |||||||
1 | Section 24-1.6
do not apply
to members of any club or | ||||||
2 | organization organized for the purpose of practicing
shooting | ||||||
3 | at targets upon established target ranges, whether public or | ||||||
4 | private,
while using their firearms on those target ranges.
| ||||||
5 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
6 | to:
| ||||||
7 | (1) Members of the Armed Services or Reserve Forces of | ||||||
8 | the United
States or the Illinois National Guard, while in | ||||||
9 | the performance of their
official duty.
| ||||||
10 | (2) Bonafide collectors of antique or surplus military | ||||||
11 | ordinance.
| ||||||
12 | (3) Laboratories having a department of forensic | ||||||
13 | ballistics, or
specializing in the development of | ||||||
14 | ammunition or explosive ordinance.
| ||||||
15 | (4) Commerce, preparation, assembly or possession of | ||||||
16 | explosive
bullets by manufacturers of ammunition licensed | ||||||
17 | by the federal government,
in connection with the supply of | ||||||
18 | those organizations and persons exempted
by subdivision | ||||||
19 | (g)(1) of this Section, or like organizations and persons
| ||||||
20 | outside this State, or the transportation of explosive | ||||||
21 | bullets to any
organization or person exempted in this | ||||||
22 | Section by a common carrier or by a
vehicle owned or leased | ||||||
23 | by an exempted manufacturer.
| ||||||
24 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
25 | persons licensed
under federal law to manufacture any device or | ||||||
26 | attachment of any kind designed,
used, or intended for use in |
| |||||||
| |||||||
1 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
2 | for those firearms equipped with those devices, and actually | ||||||
3 | engaged in the
business of manufacturing those devices, | ||||||
4 | firearms, or ammunition, but only with
respect to
activities | ||||||
5 | that are within the lawful scope of that business, such as the
| ||||||
6 | manufacture, transportation, or testing of those devices, | ||||||
7 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
8 | general private possession of any device or
attachment of any | ||||||
9 | kind designed, used, or intended for use in silencing the
| ||||||
10 | report of any firearm, but only such possession and activities | ||||||
11 | as are within
the
lawful scope of a licensed manufacturing | ||||||
12 | business described in this subsection
(g-5). During | ||||||
13 | transportation, those devices shall be detached from any weapon
| ||||||
14 | or
not immediately accessible.
| ||||||
15 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
16 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
17 | supervisor who meets the qualifications and conditions | ||||||
18 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
19 | Corrections. | ||||||
20 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
21 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
22 | athlete's possession, transport on official Olympic and | ||||||
23 | Paralympic transit systems established for athletes, or use of | ||||||
24 | competition firearms sanctioned by the International Olympic | ||||||
25 | Committee, the International Paralympic Committee, the | ||||||
26 | International Shooting Sport Federation, or USA Shooting in |
| |||||||
| |||||||
1 | connection with such athlete's training for and participation | ||||||
2 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
3 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
4 | and Paralympic Games. | ||||||
5 | (h) An information or indictment based upon a violation of | ||||||
6 | any
subsection of this Article need not negative any exemptions | ||||||
7 | contained in
this Article. The defendant shall have the burden | ||||||
8 | of proving such an
exemption.
| ||||||
9 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
10 | affect
the transportation, carrying, or possession, of any | ||||||
11 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
12 | to a common carrier operating
under license of the State of | ||||||
13 | Illinois or the federal government, where
such transportation, | ||||||
14 | carrying, or possession is incident to the lawful
| ||||||
15 | transportation in which such common carrier is engaged; and | ||||||
16 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
17 | transportation, carrying,
or possession of any pistol, | ||||||
18 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
19 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
20 | this Article, which is unloaded and enclosed in a firearm case, | ||||||
21 | firearm
carrying box, shipping box, or other portable container | ||||||
22 | designed for the safe transportation of firearms , by the | ||||||
23 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
25 | 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | ||||||
26 | 96-742, eff. 8-25-09; revised 10-9-09.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|