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1 | AN ACT concerning school security.
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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 School Code is amended by adding Section | ||||||||||||||||||||||||||||
5 | 2-3.182 as follows: | ||||||||||||||||||||||||||||
6 | (105 ILCS 5/2-3.182 new) | ||||||||||||||||||||||||||||
7 | Sec. 2-3.182. Grants for arming teachers and school | ||||||||||||||||||||||||||||
8 | security. The State Board of Education shall establish a grant | ||||||||||||||||||||||||||||
9 | program to provide for armed security in the schools of this | ||||||||||||||||||||||||||||
10 | State and grants to schools for the training of teachers in | ||||||||||||||||||||||||||||
11 | armed security, including grants for teachers to obtain a | ||||||||||||||||||||||||||||
12 | concealed carry license under the Firearm Concealed Carry Act. | ||||||||||||||||||||||||||||
13 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||||||||||||||||||||||||
14 | changing Section 65 as follows: | ||||||||||||||||||||||||||||
15 | (430 ILCS 66/65)
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16 | Sec. 65. Prohibited areas. | ||||||||||||||||||||||||||||
17 | (a) A licensee under this Act shall not knowingly carry a | ||||||||||||||||||||||||||||
18 | firearm on or into: | ||||||||||||||||||||||||||||
19 | (1) Any building, real property, and parking area | ||||||||||||||||||||||||||||
20 | under the control of a public or private elementary or | ||||||||||||||||||||||||||||
21 | secondary school , except as otherwise provided in |
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1 | subsection (a-5) of Section 24-2 of the Criminal Code of | ||||||
2 | 2012 . | ||||||
3 | (2) Any building, real property, and parking area | ||||||
4 | under the control of a pre-school or child care facility, | ||||||
5 | including any room or portion of a building under the | ||||||
6 | control of a pre-school or child care facility. Nothing in | ||||||
7 | this paragraph shall prevent the operator of a child care | ||||||
8 | facility in a family home from owning or possessing a | ||||||
9 | firearm in the home or license under this Act, if no child | ||||||
10 | under child care at the home is present in the home or the | ||||||
11 | firearm in the home is stored in a locked container when a | ||||||
12 | child under child care at the home is present in the home. | ||||||
13 | (3) Any building, parking area, or portion of a | ||||||
14 | building under the control of an officer of the executive | ||||||
15 | or legislative branch of government, provided that nothing | ||||||
16 | in this paragraph shall prohibit a licensee from carrying | ||||||
17 | a concealed firearm onto the real property, bikeway, or | ||||||
18 | trail in a park regulated by the Department of Natural | ||||||
19 | Resources or any other designated public hunting area or | ||||||
20 | building where firearm possession is permitted as | ||||||
21 | established by the Department of Natural Resources under | ||||||
22 | Section 1.8 of the Wildlife Code. | ||||||
23 | (4) Any building designated for matters before a | ||||||
24 | circuit court, appellate court, or the Supreme Court, or | ||||||
25 | any building or portion of a building under the control of | ||||||
26 | the Supreme Court. |
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1 | (5) Any building or portion of a building under the | ||||||
2 | control of a unit of local government. | ||||||
3 | (6) Any building, real property, and parking area | ||||||
4 | under the control of an adult or juvenile detention or | ||||||
5 | correctional institution, prison, or jail. | ||||||
6 | (7) Any building, real property, and parking area | ||||||
7 | under the control of a public or private hospital or | ||||||
8 | hospital affiliate, mental health facility, or nursing | ||||||
9 | home. | ||||||
10 | (8) Any bus, train, or form of transportation paid for | ||||||
11 | in whole or in part with public funds, and any building, | ||||||
12 | real property, and parking area under the control of a | ||||||
13 | public transportation facility paid for in whole or in | ||||||
14 | part with public funds. | ||||||
15 | (9) Any building, real property, and parking area | ||||||
16 | under the control of an establishment that serves alcohol | ||||||
17 | on its premises, if more than 50% of the establishment's | ||||||
18 | gross receipts within the prior 3 months is from the sale | ||||||
19 | of alcohol. The owner of an establishment who knowingly | ||||||
20 | fails to prohibit concealed firearms on its premises as | ||||||
21 | provided in this paragraph or who knowingly makes a false | ||||||
22 | statement or record to avoid the prohibition on concealed | ||||||
23 | firearms under this paragraph is subject to the penalty | ||||||
24 | under subsection (c-5) of Section 10-1 of the Liquor | ||||||
25 | Control Act of 1934. | ||||||
26 | (10) Any public gathering or special event conducted |
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1 | on property open to the public that requires the issuance | ||||||
2 | of a permit from the unit of local government, provided | ||||||
3 | this prohibition shall not apply to a licensee who must | ||||||
4 | walk through a public gathering in order to access his or | ||||||
5 | her residence, place of business, or vehicle. | ||||||
6 | (11) Any building or real property that has been | ||||||
7 | issued a Special Event Retailer's license as defined in | ||||||
8 | Section 1-3.17.1 of the Liquor Control Act during the time | ||||||
9 | designated for the sale of alcohol by the Special Event | ||||||
10 | Retailer's license, or a Special use permit license as | ||||||
11 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
12 | Control Act during the time designated for the sale of | ||||||
13 | alcohol by the Special use permit license. | ||||||
14 | (12) Any public playground. | ||||||
15 | (13) Any public park, athletic area, or athletic | ||||||
16 | facility under the control of a municipality or park | ||||||
17 | district, provided nothing in this Section shall prohibit | ||||||
18 | a licensee from carrying a concealed firearm while on a | ||||||
19 | trail or bikeway if only a portion of the trail or bikeway | ||||||
20 | includes a public park. | ||||||
21 | (14) Any real property under the control of the Cook | ||||||
22 | County Forest Preserve District. | ||||||
23 | (15) Any building, classroom, laboratory, medical | ||||||
24 | clinic, hospital, artistic venue, athletic venue, | ||||||
25 | entertainment venue, officially recognized | ||||||
26 | university-related organization property, whether owned or |
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1 | leased, and any real property, including parking areas, | ||||||
2 | sidewalks, and common areas under the control of a public | ||||||
3 | or private community college, college, or university , | ||||||
4 | except as otherwise provided in subsection (a-5) of | ||||||
5 | Section 24-2 of the Criminal Code of 2012 . | ||||||
6 | (16) Any building, real property, or parking area | ||||||
7 | under the control of a gaming facility licensed under the | ||||||
8 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
9 | 1975, including an inter-track wagering location licensee. | ||||||
10 | (17) Any stadium, arena, or the real property or | ||||||
11 | parking area under the control of a stadium, arena, or any | ||||||
12 | collegiate or professional sporting event. | ||||||
13 | (18) Any building, real property, or parking area | ||||||
14 | under the control of a public library. | ||||||
15 | (19) Any building, real property, or parking area | ||||||
16 | under the control of an airport. | ||||||
17 | (20) Any building, real property, or parking area | ||||||
18 | under the control of an amusement park. | ||||||
19 | (21) Any building, real property, or parking area | ||||||
20 | under the control of a zoo or museum. | ||||||
21 | (22) Any street, driveway, parking area, property, | ||||||
22 | building, or facility, owned, leased, controlled, or used | ||||||
23 | by a nuclear energy, storage, weapons, or development site | ||||||
24 | or facility regulated by the federal Nuclear Regulatory | ||||||
25 | Commission. The licensee shall not under any circumstance | ||||||
26 | store a firearm or ammunition in his or her vehicle or in a |
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1 | compartment or container within a vehicle located anywhere | ||||||
2 | in or on the street, driveway, parking area, property, | ||||||
3 | building, or facility described in this paragraph. | ||||||
4 | (23) Any area where firearms are prohibited under | ||||||
5 | federal law. | ||||||
6 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
7 | private community college, college, or university from: | ||||||
8 | (1) prohibiting persons from carrying a firearm within | ||||||
9 | a vehicle owned, leased, or controlled by the college or | ||||||
10 | university; | ||||||
11 | (2) developing resolutions, regulations, or policies | ||||||
12 | regarding student, employee, or visitor misconduct and | ||||||
13 | discipline, including suspension and expulsion; | ||||||
14 | (3) developing resolutions, regulations, or policies | ||||||
15 | regarding the storage or maintenance of firearms, which | ||||||
16 | must include designated areas where persons can park | ||||||
17 | vehicles that carry firearms; and | ||||||
18 | (4) permitting the carrying or use of firearms for the | ||||||
19 | purpose of instruction and curriculum of officially | ||||||
20 | recognized programs, including but not limited to military | ||||||
21 | science and law enforcement training programs, or in any | ||||||
22 | designated area used for hunting purposes or target | ||||||
23 | shooting. | ||||||
24 | (a-10) The owner of private real property of any type may | ||||||
25 | prohibit the carrying of concealed firearms on the property | ||||||
26 | under his or her control. The owner must post a sign in |
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1 | accordance with subsection (d) of this Section indicating that | ||||||
2 | firearms are prohibited on the property, unless the property | ||||||
3 | is a private residence. | ||||||
4 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
5 | this Section except under paragraph (22) or (23) of subsection | ||||||
6 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
7 | into the parking area of a prohibited location specified in | ||||||
8 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
9 | permitted to carry a concealed firearm on or about his or her | ||||||
10 | person within a vehicle into the parking area and may store a | ||||||
11 | firearm or ammunition concealed in a case within a locked | ||||||
12 | vehicle or locked container out of plain view within the | ||||||
13 | vehicle in the parking area. A licensee may carry a concealed | ||||||
14 | firearm in the immediate area surrounding his or her vehicle | ||||||
15 | within a prohibited parking lot area only for the limited | ||||||
16 | purpose of storing or retrieving a firearm within the | ||||||
17 | vehicle's trunk. For purposes of this subsection, "case" | ||||||
18 | includes a glove compartment or console that completely | ||||||
19 | encloses the concealed firearm or ammunition, the trunk of the | ||||||
20 | vehicle, or a firearm carrying box, shipping box, or other | ||||||
21 | container. | ||||||
22 | (c) A licensee shall not be in violation of this Section | ||||||
23 | while he or she is traveling along a public right of way that | ||||||
24 | touches or crosses any of the premises under subsection (a), | ||||||
25 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
26 | carried on his or her person in accordance with the provisions |
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1 | of this Act or is being transported in a vehicle by the | ||||||
2 | licensee in accordance with all other applicable provisions of | ||||||
3 | law. | ||||||
4 | (d) Signs stating that the carrying of firearms is | ||||||
5 | prohibited shall be clearly and conspicuously posted at the | ||||||
6 | entrance of a building, premises, or real property specified | ||||||
7 | in this Section as a prohibited area, unless the building or | ||||||
8 | premises is a private residence. Signs shall be of a uniform | ||||||
9 | design as established by the Department and shall be 4 inches | ||||||
10 | by 6 inches in size. The Department shall adopt rules for | ||||||
11 | standardized signs to be used under this subsection.
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12 | (Source: P.A. 101-31, eff. 6-28-19.) | ||||||
13 | Section 15. The Criminal Code of 2012 is amended by | ||||||
14 | changing Section 24-2 as follows:
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15 | (720 ILCS 5/24-2)
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16 | Sec. 24-2. Exemptions.
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17 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
18 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
19 | the following:
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20 | (1) Peace officers, and any person summoned by a peace | ||||||
21 | officer to
assist in making arrests or preserving the | ||||||
22 | peace, while actually engaged in
assisting such officer.
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23 | (2) Wardens, superintendents and keepers of prisons,
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24 | penitentiaries, jails and other institutions for the |
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1 | detention of persons
accused or convicted of an offense, | ||||||
2 | while in the performance of their
official duty, or while | ||||||
3 | commuting between their homes and places of employment.
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4 | (3) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States
or the Illinois National Guard or the | ||||||
6 | Reserve Officers Training Corps,
while in the performance | ||||||
7 | of their official duty.
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8 | (4) Special agents employed by a railroad or a public | ||||||
9 | utility to
perform police functions, and guards of armored | ||||||
10 | car companies, while
actually engaged in the performance | ||||||
11 | of the duties of their employment or
commuting between | ||||||
12 | their homes and places of employment; and watchmen
while | ||||||
13 | actually engaged in the performance of the duties of their | ||||||
14 | employment.
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15 | (5) Persons licensed as private security contractors, | ||||||
16 | private
detectives, or private alarm contractors, or | ||||||
17 | employed by a private security contractor, private | ||||||
18 | detective, or private alarm contractor agency licensed
by | ||||||
19 | the Department of Financial and Professional Regulation, | ||||||
20 | if their duties
include the carrying of a weapon under the | ||||||
21 | provisions of the Private
Detective, Private Alarm,
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22 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
23 | 2004,
while actually
engaged in the performance of the | ||||||
24 | duties of their employment or commuting
between their | ||||||
25 | homes and places of employment. A person shall be | ||||||
26 | considered eligible for this
exemption if he or she has |
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1 | completed the required 20
hours of training for a private | ||||||
2 | security contractor, private
detective, or private alarm | ||||||
3 | contractor, or employee of a licensed private security | ||||||
4 | contractor, private detective, or private alarm contractor | ||||||
5 | agency and 20 hours of required firearm
training, and has | ||||||
6 | been issued a firearm control card by
the Department of | ||||||
7 | Financial and Professional Regulation. Conditions for the | ||||||
8 | renewal of
firearm control cards issued under the | ||||||
9 | provisions of this Section
shall be the same as for those | ||||||
10 | cards issued under the provisions of the
Private | ||||||
11 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
12 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
13 | card shall be carried by the private security contractor, | ||||||
14 | private
detective, or private alarm contractor, or | ||||||
15 | employee of the licensed private security contractor, | ||||||
16 | private detective, or private alarm contractor agency at | ||||||
17 | all
times when he or she is in possession of a concealable | ||||||
18 | weapon permitted by his or her firearm control card.
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19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the | ||||||
21 | protection of persons employed
and private property | ||||||
22 | related to such commercial or industrial
operation, while | ||||||
23 | actually engaged in the performance of his or her
duty or | ||||||
24 | traveling between sites or properties belonging to the
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25 | employer, and who, as a security guard, is a member of a | ||||||
26 | security force registered with the Department of Financial |
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1 | and Professional
Regulation; provided that such security | ||||||
2 | guard has successfully completed a
course of study, | ||||||
3 | approved by and supervised by the Department of
Financial | ||||||
4 | and Professional Regulation, consisting of not less than | ||||||
5 | 40 hours of training
that includes the theory of law | ||||||
6 | enforcement, liability for acts, and the
handling of | ||||||
7 | weapons. A person shall be considered eligible for this
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8 | exemption if he or she has completed the required 20
hours | ||||||
9 | of training for a security officer and 20 hours of | ||||||
10 | required firearm
training, and has been issued a firearm | ||||||
11 | control card by
the Department of Financial and | ||||||
12 | Professional Regulation. Conditions for the renewal of
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13 | firearm control cards issued under the provisions of this | ||||||
14 | Section
shall be the same as for those cards issued under | ||||||
15 | the provisions of the
Private Detective, Private Alarm,
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16 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
17 | 2004. The
firearm control card shall be carried by the | ||||||
18 | security guard at all
times when he or she is in possession | ||||||
19 | of a concealable weapon permitted by his or her firearm | ||||||
20 | control card.
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21 | (7) Agents and investigators of the Illinois | ||||||
22 | Legislative Investigating
Commission authorized by the | ||||||
23 | Commission to carry the weapons specified in
subsections | ||||||
24 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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25 | any investigation for the Commission.
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26 | (8) Persons employed by a financial institution as a |
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1 | security guard for the protection of
other employees and | ||||||
2 | property related to such financial institution, while
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3 | actually engaged in the performance of their duties, | ||||||
4 | commuting between
their homes and places of employment, or | ||||||
5 | traveling between sites or
properties owned or operated by | ||||||
6 | such financial institution, and who, as a security guard, | ||||||
7 | is a member of a security force registered with the | ||||||
8 | Department; provided that
any person so employed has | ||||||
9 | successfully completed a course of study,
approved by and | ||||||
10 | supervised by the Department of Financial and Professional | ||||||
11 | Regulation,
consisting of not less than 40 hours of | ||||||
12 | training which includes theory of
law enforcement, | ||||||
13 | liability for acts, and the handling of weapons.
A person | ||||||
14 | shall be considered to be eligible for this exemption if | ||||||
15 | he or
she has completed the required 20 hours of training | ||||||
16 | for a security officer
and 20 hours of required firearm | ||||||
17 | training, and has been issued a
firearm control card by | ||||||
18 | the Department of Financial and Professional Regulation.
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19 | Conditions for renewal of firearm control cards issued | ||||||
20 | under the
provisions of this Section shall be the same as | ||||||
21 | for those issued under the
provisions of the Private | ||||||
22 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
23 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
24 | card shall be carried by the security guard at all times | ||||||
25 | when he or she is in possession of a concealable
weapon | ||||||
26 | permitted by his or her firearm control card. For purposes |
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1 | of this subsection, "financial institution" means a
bank, | ||||||
2 | savings and loan association, credit union or company | ||||||
3 | providing
armored car services.
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4 | (9) Any person employed by an armored car company to | ||||||
5 | drive an armored
car, while actually engaged in the | ||||||
6 | performance of his duties.
| ||||||
7 | (10) Persons who have been classified as peace | ||||||
8 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
9 | Act.
| ||||||
10 | (11) Investigators of the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
12 | governors of the Office of the
State's Attorneys Appellate | ||||||
13 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
14 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
15 | (12) Special investigators appointed by a State's | ||||||
16 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
17 | (12.5) Probation officers while in the performance of | ||||||
18 | their duties, or
while commuting between their homes, | ||||||
19 | places of employment or specific locations
that are part | ||||||
20 | of their assigned duties, with the consent of the chief | ||||||
21 | judge of
the circuit for which they are employed, if they | ||||||
22 | have received weapons training according
to requirements | ||||||
23 | of the Peace Officer and Probation Officer Firearm | ||||||
24 | Training Act.
| ||||||
25 | (13) Court Security Officers while in the performance | ||||||
26 | of their official
duties, or while commuting between their |
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1 | homes and places of employment, with
the
consent of the | ||||||
2 | Sheriff.
| ||||||
3 | (13.5) A person employed as an armed security guard at | ||||||
4 | a nuclear energy,
storage, weapons or development site or | ||||||
5 | facility regulated by the Nuclear
Regulatory Commission | ||||||
6 | who has completed the background screening and training
| ||||||
7 | mandated by the rules and regulations of the Nuclear | ||||||
8 | Regulatory Commission.
| ||||||
9 | (14) Manufacture, transportation, or sale of weapons | ||||||
10 | to
persons
authorized under subdivisions (1) through | ||||||
11 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
12 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
13 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
14 | or handgun and the person has been issued a currently valid | ||||||
15 | license under the Firearm Concealed Carry Act at the time of | ||||||
16 | the commission of the offense , including carrying a concealed | ||||||
17 | pistol, revolver, or handgun by a full-time teacher or | ||||||
18 | full-time professor or administrator of a public or private | ||||||
19 | school, community college, college, or university who has been | ||||||
20 | designated by his or her school district board or the board of | ||||||
21 | trustees of his or her community college, college, or | ||||||
22 | university as a school or college protection officer, into: | ||||||
23 | (1) any building, real property, and parking area
| ||||||
24 | under the control of the public or private elementary or | ||||||
25 | secondary school in which the person is employed; or | ||||||
26 | (2)
any building, classroom, laboratory, medical
|
| |||||||
| |||||||
1 | clinic, hospital, artistic venue, athletic venue, | ||||||
2 | entertainment venue, officially recognized | ||||||
3 | university-related organization property, whether owned or | ||||||
4 | leased, and any real property, including parking areas, | ||||||
5 | sidewalks, and common areas under the control of a public | ||||||
6 | or private community college, college, or university
in | ||||||
7 | which the person is employed . | ||||||
8 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
9 | to
or affect a qualified current or retired law enforcement | ||||||
10 | officer qualified under the laws of this State or under the | ||||||
11 | federal Law Enforcement Officers Safety Act. | ||||||
12 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
13 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
14 | (1) Members of any club or organization organized for | ||||||
15 | the purpose of
practicing shooting at targets upon | ||||||
16 | established target ranges, whether
public or private, and | ||||||
17 | patrons of such ranges, while such members
or patrons are | ||||||
18 | using their firearms on those target ranges.
| ||||||
19 | (2) Duly authorized military or civil organizations | ||||||
20 | while parading,
with the special permission of the | ||||||
21 | Governor.
| ||||||
22 | (3) Hunters, trappers or fishermen with a license or
| ||||||
23 | permit while engaged in hunting,
trapping or fishing.
| ||||||
24 | (4) Transportation of weapons that are broken down in | ||||||
25 | a
non-functioning state or are not immediately accessible.
| ||||||
26 | (5) Carrying or possessing any pistol, revolver, stun |
| |||||||
| |||||||
1 | gun or taser or other firearm on the land or in the legal | ||||||
2 | dwelling of another person as an invitee with that | ||||||
3 | person's permission. | ||||||
4 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
5 | of the
following:
| ||||||
6 | (1) Peace officers while in performance of their | ||||||
7 | official duties.
| ||||||
8 | (2) Wardens, superintendents and keepers of prisons, | ||||||
9 | penitentiaries,
jails and other institutions for the | ||||||
10 | detention of persons accused or
convicted of an offense.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard, while in | ||||||
13 | the performance of their official
duty.
| ||||||
14 | (4) Manufacture, transportation, or sale of machine | ||||||
15 | guns to persons
authorized under subdivisions (1) through | ||||||
16 | (3) of this subsection to
possess machine guns, if the | ||||||
17 | machine guns are broken down in a
non-functioning state or | ||||||
18 | are not immediately accessible.
| ||||||
19 | (5) Persons licensed under federal law to manufacture | ||||||
20 | any weapon from
which 8 or more shots or bullets can be | ||||||
21 | discharged by a
single function of the firing device, or | ||||||
22 | ammunition for such weapons, and
actually engaged in the | ||||||
23 | business of manufacturing such weapons or
ammunition, but | ||||||
24 | only with respect to activities which are within the | ||||||
25 | lawful
scope of such business, such as the manufacture, | ||||||
26 | transportation, or testing
of such weapons or ammunition. |
| |||||||
| |||||||
1 | This exemption does not authorize the
general private | ||||||
2 | possession of any weapon from which 8 or more
shots or | ||||||
3 | bullets can be discharged by a single function of the | ||||||
4 | firing
device, but only such possession and activities as | ||||||
5 | are within the lawful
scope of a licensed manufacturing | ||||||
6 | business described in this paragraph.
| ||||||
7 | During transportation, such weapons shall be broken | ||||||
8 | down in a
non-functioning state or not immediately | ||||||
9 | accessible.
| ||||||
10 | (6) The manufacture, transport, testing, delivery, | ||||||
11 | transfer or sale,
and all lawful commercial or | ||||||
12 | experimental activities necessary thereto, of
rifles, | ||||||
13 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
14 | ammunition for such rifles, shotguns or weapons, where | ||||||
15 | engaged in
by a person operating as a contractor or | ||||||
16 | subcontractor pursuant to a
contract or subcontract for | ||||||
17 | the development and supply of such rifles,
shotguns, | ||||||
18 | weapons or ammunition to the United States government or | ||||||
19 | any
branch of the Armed Forces of the United States, when | ||||||
20 | such activities are
necessary and incident to fulfilling | ||||||
21 | the terms of such contract.
| ||||||
22 | The exemption granted under this subdivision (c)(6)
| ||||||
23 | shall also apply to any authorized agent of any such | ||||||
24 | contractor or
subcontractor who is operating within the | ||||||
25 | scope of his employment, where
such activities involving | ||||||
26 | such weapon, weapons or ammunition are necessary
and |
| |||||||
| |||||||
1 | incident to fulfilling the terms of such contract.
| ||||||
2 | (7) A person possessing a rifle with a barrel or | ||||||
3 | barrels less than 16 inches in length if: (A) the person | ||||||
4 | has been issued a Curios and Relics license from the U.S. | ||||||
5 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
6 | (B) the person is an active member of a bona fide, | ||||||
7 | nationally recognized military re-enacting group and the | ||||||
8 | modification is required and necessary to accurately | ||||||
9 | portray the weapon for historical re-enactment purposes; | ||||||
10 | the re-enactor is in possession of a valid and current | ||||||
11 | re-enacting group membership credential; and the overall | ||||||
12 | length of the weapon as modified is not less than 26 | ||||||
13 | inches. | ||||||
14 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
15 | possession
or carrying of a black-jack or slung-shot by a | ||||||
16 | peace officer.
| ||||||
17 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
18 | manager or
authorized employee of any place specified in that | ||||||
19 | subsection nor to any
law enforcement officer.
| ||||||
20 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
21 | Section 24-1.6
do not apply
to members of any club or | ||||||
22 | organization organized for the purpose of practicing
shooting | ||||||
23 | at targets upon established target ranges, whether public or | ||||||
24 | private,
while using their firearms on those target ranges.
| ||||||
25 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
26 | to:
|
| |||||||
| |||||||
1 | (1) 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 | (2) Bonafide collectors of antique or surplus military | ||||||
5 | ordnance.
| ||||||
6 | (3) Laboratories having a department of forensic | ||||||
7 | ballistics, or
specializing in the development of | ||||||
8 | ammunition or explosive ordnance.
| ||||||
9 | (4) Commerce, preparation, assembly or possession of | ||||||
10 | explosive
bullets by manufacturers of ammunition licensed | ||||||
11 | by the federal government,
in connection with the supply | ||||||
12 | of those organizations and persons exempted
by subdivision | ||||||
13 | (g)(1) of this Section, or like organizations and persons
| ||||||
14 | outside this State, or the transportation of explosive | ||||||
15 | bullets to any
organization or person exempted in this | ||||||
16 | Section by a common carrier or by a
vehicle owned or leased | ||||||
17 | by an exempted manufacturer.
| ||||||
18 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
19 | persons licensed
under federal law to manufacture any device | ||||||
20 | or attachment of any kind designed,
used, or intended for use | ||||||
21 | in silencing the report of any firearm, firearms, or
| ||||||
22 | ammunition
for those firearms equipped with those devices, and | ||||||
23 | actually engaged in the
business of manufacturing those | ||||||
24 | devices, firearms, or ammunition, but only with
respect to
| ||||||
25 | activities that are within the lawful scope of that business, | ||||||
26 | such as the
manufacture, transportation, or testing of those |
| |||||||
| |||||||
1 | devices, firearms, or
ammunition. This
exemption does not | ||||||
2 | authorize the general private possession of any device or
| ||||||
3 | attachment of any kind designed, used, or intended for use in | ||||||
4 | silencing the
report of any firearm, but only such possession | ||||||
5 | and activities as are within
the
lawful scope of a licensed | ||||||
6 | manufacturing business described in this subsection
(g-5). | ||||||
7 | During transportation, these devices shall be detached from | ||||||
8 | any weapon
or
not immediately accessible.
| ||||||
9 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
10 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
11 | supervisor who meets the qualifications and conditions | ||||||
12 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
13 | Corrections. | ||||||
14 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
15 | officer while serving as a member of a tactical response team | ||||||
16 | or special operations team. A peace officer may not personally | ||||||
17 | own or apply for ownership of a device or attachment of any | ||||||
18 | kind designed, used, or intended for use in silencing the | ||||||
19 | report of any firearm. These devices shall be owned and | ||||||
20 | maintained by lawfully recognized units of government whose | ||||||
21 | duties include the investigation of criminal acts. | ||||||
22 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
23 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
24 | athlete's possession, transport on official Olympic and | ||||||
25 | Paralympic transit systems established for athletes, or use of | ||||||
26 | competition firearms sanctioned by the International Olympic |
| |||||||
| |||||||
1 | Committee, the International Paralympic Committee, the | ||||||
2 | International Shooting Sport Federation, or USA Shooting in | ||||||
3 | connection with such athlete's training for and participation | ||||||
4 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
5 | Games and sanctioned test events leading up to the 2016 | ||||||
6 | Olympic and Paralympic Games. | ||||||
7 | (h) An information or indictment based upon a violation of | ||||||
8 | any
subsection of this Article need not negative any | ||||||
9 | exemptions contained in
this Article. The defendant shall have | ||||||
10 | the burden of proving such an
exemption.
| ||||||
11 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
12 | affect
the transportation, carrying, or possession, of any | ||||||
13 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
14 | consigned to a common carrier operating
under license of the | ||||||
15 | State of Illinois or the federal government, where
such | ||||||
16 | transportation, carrying, or possession is incident to the | ||||||
17 | lawful
transportation in which such common carrier is engaged; | ||||||
18 | and nothing in this
Article shall prohibit, apply to, or | ||||||
19 | affect the transportation, carrying,
or possession of any | ||||||
20 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
21 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
22 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
23 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
24 | other container, by the possessor of a valid
Firearm Owners | ||||||
25 | Identification Card.
| ||||||
26 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|