Rep. Robert F. Flider
Filed: 3/19/2010
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1 | AMENDMENT TO HOUSE BILL 6384
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2 | AMENDMENT NO. ______. Amend House Bill 6384 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 3.1-30-20 as follows: | ||||||
6 | (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20) | ||||||
7 | Sec. 3.1-30-20. Auxiliary police officers. | ||||||
8 | (a) Auxiliary police officers shall
not be members of the | ||||||
9 | regular police department of the municipality.
Auxiliary | ||||||
10 | police officers shall not supplement members of the regular
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11 | police department of any municipality in the performance of | ||||||
12 | their
assigned and normal duties, except as otherwise provided | ||||||
13 | in this Code.
Auxiliary police officers shall only be assigned | ||||||
14 | to perform the following
duties in a municipality:
(i) to aid | ||||||
15 | or direct traffic within the
municipality, (ii) to aid in | ||||||
16 | control of natural or man made disasters, and
(iii) to aid
in |
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1 | case of civil disorder as directed by the chief of police.
When | ||||||
2 | it is impractical for members of the regular
police department | ||||||
3 | to perform those normal and regular police duties, however,
the
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4 | chief of police of the regular police department may
assign | ||||||
5 | auxiliary police officers to perform those normal and regular | ||||||
6 | police
duties. Identification symbols worn by auxiliary police | ||||||
7 | officers shall be
different and distinct from those used by | ||||||
8 | members of the regular police
department. Auxiliary police | ||||||
9 | officers shall at all times during the
performance of their | ||||||
10 | duties be subject to the direction and control of
the chief of | ||||||
11 | police of the municipality. Auxiliary police officers
shall not | ||||||
12 | carry firearms, except with the permission of the chief of
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13 | police and while in uniform and in the performance of their | ||||||
14 | duties.
Auxiliary police officers, when on duty, shall also be | ||||||
15 | conservators of the
peace and shall have the powers specified | ||||||
16 | in Section 3.1-15-25. | ||||||
17 | (b) Auxiliary police officers, before entering upon any of | ||||||
18 | their duties,
shall receive a course of training in the use of | ||||||
19 | weapons and other
police procedures appropriate for the | ||||||
20 | exercise of the powers
conferred upon them under this Code. The | ||||||
21 | training and course of study
shall be determined and provided | ||||||
22 | by the corporate authorities of each
municipality employing | ||||||
23 | auxiliary police officers. Before being permitted to carry a | ||||||
24 | firearm, however, an auxiliary police officer must have the | ||||||
25 | same course of training as required of peace officers under | ||||||
26 | Section 2 of the Peace Officer Firearm Training Act. The |
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1 | municipal authorities may
require that all auxiliary police | ||||||
2 | officers be residents of the municipality
served by them. | ||||||
3 | Before the appointment of an auxiliary police officer, the
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4 | person's fingerprints shall be taken, and no person shall be | ||||||
5 | appointed as an
auxiliary police officer if that person has | ||||||
6 | been convicted of a felony or other
crime
involving moral | ||||||
7 | turpitude. | ||||||
8 | (b-5) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
9 | 24-1.6 of the Criminal Code of 1961 do not apply to auxiliary | ||||||
10 | police officers who meet the following conditions: | ||||||
11 | (1) The auxiliary police officer must receive training | ||||||
12 | in the use of firearms while off-duty conducted by the | ||||||
13 | Illinois Law Enforcement Training Standards Board or a | ||||||
14 | substantially equivalent entity and be certified as having | ||||||
15 | successfully completing such training. The Illinois Law | ||||||
16 | Enforcement Training Standards Board shall determine the | ||||||
17 | amount of such training and the course content for such | ||||||
18 | training. The Illinois Law Enforcement Training Standards | ||||||
19 | Board may impose reasonable fees for conducting the | ||||||
20 | training. Before a person may undergo firearms training | ||||||
21 | under this subsection (b-5), the local law enforcement | ||||||
22 | agency that the person serves must provide documentation to | ||||||
23 | the Illinois Law Enforcement Training Standards Board | ||||||
24 | verifying that the person is an auxiliary police officer. | ||||||
25 | The auxiliary police officer shall requalify for the | ||||||
26 | firearms training annually at a State-certified range. |
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1 | (2) The auxiliary police officer shall register the | ||||||
2 | firearm with the Illinois Department of State Police and | ||||||
3 | with any other local law enforcement agencies that require | ||||||
4 | such registration. | ||||||
5 | (b-10) Except for gross negligence and willful misconduct, | ||||||
6 | neither the Illinois Law Enforcement Training Standards Board | ||||||
7 | nor the agents, employees, or representatives of the Board | ||||||
8 | shall be liable for damages, injuries, or deaths arising from | ||||||
9 | or in connection with the use of a firearm by an auxiliary | ||||||
10 | police officer trained by the Board. | ||||||
11 | (c) The Line of Duty Compensation Act
shall be applicable | ||||||
12 | to auxiliary police officers
upon their death in the line of | ||||||
13 | duty described in this Code. | ||||||
14 | (Source: P.A. 94-984, eff. 6-30-06.) | ||||||
15 | Section 10. The Criminal Code of 1961 is amended by | ||||||
16 | changing Section 24-2 as follows: | ||||||
17 | (720 ILCS 5/24-2) | ||||||
18 | Sec. 24-2. Exemptions. | ||||||
19 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
20 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
21 | the following: | ||||||
22 | (1) Peace officers, and any person summoned by a peace | ||||||
23 | officer to
assist in making arrests or preserving the | ||||||
24 | peace, while actually engaged in
assisting such officer. |
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1 | (2) Wardens, superintendents and keepers of prisons,
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2 | penitentiaries, jails and other institutions for the | ||||||
3 | detention of persons
accused or convicted of an offense, | ||||||
4 | while in the performance of their
official duty, or while | ||||||
5 | commuting between their homes and places of employment. | ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard or the | ||||||
8 | Reserve Officers Training Corps,
while in the performance | ||||||
9 | of their official duty. | ||||||
10 | (4) Special agents employed by a railroad or a public | ||||||
11 | utility to
perform police functions, and guards of armored | ||||||
12 | car companies, while
actually engaged in the performance of | ||||||
13 | the duties of their employment or
commuting between their | ||||||
14 | homes and places of employment; and watchmen
while actually | ||||||
15 | engaged in the performance of the duties of their | ||||||
16 | employment. | ||||||
17 | (5) Persons licensed as private security contractors, | ||||||
18 | private
detectives, or private alarm contractors, or | ||||||
19 | employed by an agency
certified by the Department of | ||||||
20 | Professional Regulation, if their duties
include the | ||||||
21 | carrying of a weapon under the provisions of the Private
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22 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
23 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
24 | in the performance of the duties of their employment or | ||||||
25 | commuting
between their homes and places of employment, | ||||||
26 | provided that such commuting
is accomplished within one |
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1 | hour from departure from home or place of
employment, as | ||||||
2 | the case may be. Persons exempted under this subdivision
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3 | (a)(5) shall be required to have completed a course of
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4 | study in firearms handling and training approved and | ||||||
5 | supervised by the
Department of Professional Regulation as | ||||||
6 | prescribed by Section 28 of the
Private Detective, Private | ||||||
7 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
8 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
9 | The Department of Professional
Regulation shall provide | ||||||
10 | suitable documentation demonstrating the
successful | ||||||
11 | completion of the prescribed firearms training. Such
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12 | documentation shall be carried at all times when such | ||||||
13 | persons are in
possession of a concealable weapon. | ||||||
14 | (6) Any person regularly employed in a commercial or | ||||||
15 | industrial
operation as a security guard for the protection | ||||||
16 | of persons employed
and private property related to such | ||||||
17 | commercial or industrial
operation, while actually engaged | ||||||
18 | in the performance of his or her
duty or traveling between | ||||||
19 | sites or properties belonging to the
employer, and who, as | ||||||
20 | a security guard, is a member of a security force of
at | ||||||
21 | least 5 persons registered with the Department of | ||||||
22 | Professional
Regulation; provided that such security guard | ||||||
23 | has successfully completed a
course of study, approved by | ||||||
24 | and supervised by the Department of
Professional | ||||||
25 | Regulation, consisting of not less than 40 hours of | ||||||
26 | training
that includes the theory of law enforcement, |
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1 | liability for acts, and the
handling of weapons. A person | ||||||
2 | shall be considered eligible for this
exemption if he or | ||||||
3 | she has completed the required 20
hours of training for a | ||||||
4 | security officer and 20 hours of required firearm
training, | ||||||
5 | and has been issued a firearm control card by
the | ||||||
6 | Department of Professional Regulation. Conditions for the | ||||||
7 | renewal of
firearm control cards issued under the | ||||||
8 | provisions of this Section
shall be the same as for those | ||||||
9 | cards issued under the provisions of the
Private Detective, | ||||||
10 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
11 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
12 | carried by the security guard at all
times when he or she | ||||||
13 | is in possession of a concealable weapon. | ||||||
14 | (7) Agents and investigators of the Illinois | ||||||
15 | Legislative Investigating
Commission authorized by the | ||||||
16 | Commission to carry the weapons specified in
subsections | ||||||
17 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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18 | any investigation for the Commission. | ||||||
19 | (8) Persons employed by a financial institution for the | ||||||
20 | protection of
other employees and property related to such | ||||||
21 | financial institution, while
actually engaged in the | ||||||
22 | performance of their duties, commuting between
their homes | ||||||
23 | and places of employment, or traveling between sites or
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24 | properties owned or operated by such financial | ||||||
25 | institution, provided that
any person so employed has | ||||||
26 | successfully completed a course of study,
approved by and |
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1 | supervised by the Department of Professional Regulation,
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2 | consisting of not less than 40 hours of training which | ||||||
3 | includes theory of
law enforcement, liability for acts, and | ||||||
4 | the handling of weapons.
A person shall be considered to be | ||||||
5 | eligible for this exemption if he or
she has completed the | ||||||
6 | required 20 hours of training for a security officer
and 20 | ||||||
7 | hours of required firearm training, and has been issued a
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8 | firearm control card by the Department of Professional | ||||||
9 | Regulation.
Conditions for renewal of firearm control | ||||||
10 | cards issued under the
provisions of this Section shall be | ||||||
11 | the same as for those issued under the
provisions of the | ||||||
12 | Private Detective, Private Alarm,
Private Security, | ||||||
13 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
14 | control card shall be carried by the person so
trained at | ||||||
15 | all times when such person is in possession of a | ||||||
16 | concealable
weapon. For purposes of this subsection, | ||||||
17 | "financial institution" means a
bank, savings and loan | ||||||
18 | association, credit union or company providing
armored car | ||||||
19 | services. | ||||||
20 | (9) Any person employed by an armored car company to | ||||||
21 | drive an armored
car, while actually engaged in the | ||||||
22 | performance of his duties. | ||||||
23 | (10) Persons who have been classified as peace officers | ||||||
24 | pursuant
to the Peace Officer Fire Investigation Act. | ||||||
25 | (11) Investigators of the Office of the State's | ||||||
26 | Attorneys Appellate
Prosecutor authorized by the board of |
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1 | governors of the Office of the
State's Attorneys Appellate | ||||||
2 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
3 | State's Attorneys Appellate Prosecutor's Act. | ||||||
4 | (12) Special investigators appointed by a State's | ||||||
5 | Attorney under
Section 3-9005 of the Counties Code. | ||||||
6 | (12.5) Probation officers while in the performance of | ||||||
7 | their duties, or
while commuting between their homes, | ||||||
8 | places of employment or specific locations
that are part of | ||||||
9 | their assigned duties, with the consent of the chief judge | ||||||
10 | of
the circuit for which they are employed. | ||||||
11 | (13) Court Security Officers while in the performance | ||||||
12 | of their official
duties, or while commuting between their | ||||||
13 | homes and places of employment, with
the
consent of the | ||||||
14 | Sheriff. | ||||||
15 | (13.5) A person employed as an armed security guard at | ||||||
16 | a nuclear energy,
storage, weapons or development site or | ||||||
17 | facility regulated by the Nuclear
Regulatory Commission | ||||||
18 | who has completed the background screening and training
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19 | mandated by the rules and regulations of the Nuclear | ||||||
20 | Regulatory Commission. | ||||||
21 | (14) Manufacture, transportation, or sale of weapons | ||||||
22 | to
persons
authorized under subdivisions (1) through | ||||||
23 | (13.5) of this
subsection
to
possess those weapons. | ||||||
24 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
25 | 24-1.6 do not
apply to or affect
any of the following: | ||||||
26 | (1) Members of any club or organization organized for |
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1 | the purpose of
practicing shooting at targets upon | ||||||
2 | established target ranges, whether
public or private, and | ||||||
3 | patrons of such ranges, while such members
or patrons are | ||||||
4 | using their firearms on those target ranges. | ||||||
5 | (2) Duly authorized military or civil organizations | ||||||
6 | while parading,
with the special permission of the | ||||||
7 | Governor. | ||||||
8 | (3) Hunters, trappers or fishermen with a license or
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9 | permit while engaged in hunting,
trapping or fishing. | ||||||
10 | (4) Transportation of weapons that are broken down in a
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11 | non-functioning state or are not immediately accessible. | ||||||
12 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
13 | gun or taser or other firearm on the land or in the legal | ||||||
14 | dwelling of another person as an invitee with that person's | ||||||
15 | permission. | ||||||
16 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
17 | of the
following: | ||||||
18 | (1) Peace officers while in performance of their | ||||||
19 | official duties. | ||||||
20 | (2) Wardens, superintendents and keepers of prisons, | ||||||
21 | penitentiaries,
jails and other institutions for the | ||||||
22 | detention of persons accused or
convicted of an offense. | ||||||
23 | (3) Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States
or the Illinois National Guard, while in | ||||||
25 | the performance of their official
duty. | ||||||
26 | (4) Manufacture, transportation, or sale of machine |
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1 | guns to persons
authorized under subdivisions (1) through | ||||||
2 | (3) of this subsection to
possess machine guns, if the | ||||||
3 | machine guns are broken down in a
non-functioning state or | ||||||
4 | are not immediately accessible. | ||||||
5 | (5) Persons licensed under federal law to manufacture | ||||||
6 | any weapon from
which 8 or more shots or bullets can be | ||||||
7 | discharged by a
single function of the firing device, or | ||||||
8 | ammunition for such weapons, and
actually engaged in the | ||||||
9 | business of manufacturing such weapons or
ammunition, but | ||||||
10 | only with respect to activities which are within the lawful
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11 | scope of such business, such as the manufacture, | ||||||
12 | transportation, or testing
of such weapons or ammunition. | ||||||
13 | This exemption does not authorize the
general private | ||||||
14 | possession of any weapon from which 8 or more
shots or | ||||||
15 | bullets can be discharged by a single function of the | ||||||
16 | firing
device, but only such possession and activities as | ||||||
17 | are within the lawful
scope of a licensed manufacturing | ||||||
18 | business described in this paragraph. | ||||||
19 | During transportation, such weapons shall be broken | ||||||
20 | down in a
non-functioning state or not immediately | ||||||
21 | accessible. | ||||||
22 | (6) The manufacture, transport, testing, delivery, | ||||||
23 | transfer or sale,
and all lawful commercial or experimental | ||||||
24 | activities necessary thereto, of
rifles, shotguns, and | ||||||
25 | weapons made from rifles or shotguns,
or ammunition for | ||||||
26 | such rifles, shotguns or weapons, where engaged in
by a |
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1 | person operating as a contractor or subcontractor pursuant | ||||||
2 | to a
contract or subcontract for the development and supply | ||||||
3 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
4 | United States government or any
branch of the Armed Forces | ||||||
5 | of the United States, when such activities are
necessary | ||||||
6 | and incident to fulfilling the terms of such contract. | ||||||
7 | The exemption granted under this subdivision (c)(6)
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8 | shall also apply to any authorized agent of any such | ||||||
9 | contractor or
subcontractor who is operating within the | ||||||
10 | scope of his employment, where
such activities involving | ||||||
11 | such weapon, weapons or ammunition are necessary
and | ||||||
12 | incident to fulfilling the terms of such contract. | ||||||
13 | During transportation, any such weapon shall be broken | ||||||
14 | down in a
non-functioning state, or not immediately | ||||||
15 | accessible. | ||||||
16 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
17 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
18 | officer. | ||||||
19 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
20 | manager or
authorized employee of any place specified in that | ||||||
21 | subsection nor to any
law enforcement officer. | ||||||
22 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
23 | Section 24-1.6
do not apply
to members of any club or | ||||||
24 | organization organized for the purpose of practicing
shooting | ||||||
25 | at targets upon established target ranges, whether public or | ||||||
26 | private,
while using their firearms on those target ranges. |
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1 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
2 | to: | ||||||
3 | (1) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United
States or the Illinois National Guard, while in | ||||||
5 | the performance of their
official duty. | ||||||
6 | (2) Bonafide collectors of antique or surplus military | ||||||
7 | ordinance. | ||||||
8 | (3) Laboratories having a department of forensic | ||||||
9 | ballistics, or
specializing in the development of | ||||||
10 | ammunition or explosive ordinance. | ||||||
11 | (4) Commerce, preparation, assembly or possession of | ||||||
12 | explosive
bullets by manufacturers of ammunition licensed | ||||||
13 | by the federal government,
in connection with the supply of | ||||||
14 | those organizations and persons exempted
by subdivision | ||||||
15 | (g)(1) of this Section, or like organizations and persons
| ||||||
16 | outside this State, or the transportation of explosive | ||||||
17 | bullets to any
organization or person exempted in this | ||||||
18 | Section by a common carrier or by a
vehicle owned or leased | ||||||
19 | by an exempted manufacturer. | ||||||
20 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
21 | persons licensed
under federal law to manufacture any device or | ||||||
22 | attachment of any kind designed,
used, or intended for use in | ||||||
23 | silencing the report of any firearm, firearms, or
ammunition
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24 | for those firearms equipped with those devices, and actually | ||||||
25 | engaged in the
business of manufacturing those devices, | ||||||
26 | firearms, or ammunition, but only with
respect to
activities |
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1 | that are within the lawful scope of that business, such as the
| ||||||
2 | manufacture, transportation, or testing of those devices, | ||||||
3 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
4 | general private possession of any device or
attachment of any | ||||||
5 | kind designed, used, or intended for use in silencing the
| ||||||
6 | report of any firearm, but only such possession and activities | ||||||
7 | as are within
the
lawful scope of a licensed manufacturing | ||||||
8 | business described in this subsection
(g-5). During | ||||||
9 | transportation, those devices shall be detached from any weapon
| ||||||
10 | or
not immediately accessible. | ||||||
11 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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12 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
13 | supervisor who meets the qualifications and conditions | ||||||
14 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
15 | Corrections. | ||||||
16 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any auxiliary police officer | ||||||
18 | who meets the qualifications and conditions prescribed in | ||||||
19 | subsection (b-5) of Section 3.1-30-20 of the Illinois Municipal | ||||||
20 | Code. | ||||||
21 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
22 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
23 | athlete's possession, transport on official Olympic and | ||||||
24 | Paralympic transit systems established for athletes, or use of | ||||||
25 | competition firearms sanctioned by the International Olympic | ||||||
26 | Committee, the International Paralympic Committee, the |
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| |||||||
1 | International Shooting Sport Federation, or USA Shooting in | ||||||
2 | connection with such athlete's training for and participation | ||||||
3 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
4 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
5 | and Paralympic Games. | ||||||
6 | (h) An information or indictment based upon a violation of | ||||||
7 | any
subsection of this Article need not negative any exemptions | ||||||
8 | contained in
this Article. The defendant shall have the burden | ||||||
9 | of proving such an
exemption. | ||||||
10 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
11 | affect
the transportation, carrying, or possession, of any | ||||||
12 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
13 | to a common carrier operating
under license of the State of | ||||||
14 | Illinois or the federal government, where
such transportation, | ||||||
15 | carrying, or possession is incident to the lawful
| ||||||
16 | transportation in which such common carrier is engaged; and | ||||||
17 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
18 | transportation, carrying,
or possession of any pistol, | ||||||
19 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
20 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
21 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
22 | carrying box, shipping box, or other container, 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.)".
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