102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4331

 

Introduced 1/5/2022, by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
720 ILCS 5/24-2
730 ILCS 5/3-2-14 new
730 ILCS 125/26.1 new

    Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the retired law enforcement officer to carry a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.


LRB102 22131 RLC 31260 b

 

 

A BILL FOR

 

HB4331LRB102 22131 RLC 31260 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 2 as follows:
 
6    (50 ILCS 705/2)  (from Ch. 85, par. 502)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Board" means the Illinois Law Enforcement Training
11Standards Board.
12    "Local governmental agency" means any local governmental
13unit or municipal corporation in this State. It does not
14include the State of Illinois or any office, officer,
15department, division, bureau, board, commission, or agency of
16the State, except that it does include a State-controlled
17university, college or public community college.
18    "Police training school" means any school located within
19the State of Illinois whether privately or publicly owned
20which offers a course in police or county corrections training
21and has been approved by the Board.
22    "Probationary police officer" means a recruit law
23enforcement officer required to successfully complete initial

 

 

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1minimum basic training requirements at a police training
2school to be eligible for permanent full-time employment as a
3local law enforcement officer.
4    "Probationary part-time police officer" means a recruit
5part-time law enforcement officer required to successfully
6complete initial minimum part-time training requirements to be
7eligible for employment on a part-time basis as a local law
8enforcement officer.
9    "Permanent police officer" means a law enforcement officer
10who has completed his or her probationary period and is
11permanently employed on a full-time basis as a local law
12enforcement officer by a participating local governmental unit
13or as a security officer or campus policeman permanently
14employed by a participating State-controlled university,
15college, or public community college.
16    "Part-time police officer" means a law enforcement officer
17who has completed his or her probationary period and is
18employed on a part-time basis as a law enforcement officer by a
19participating unit of local government or as a campus
20policeman by a participating State-controlled university,
21college, or public community college.
22    "Law enforcement officer" means (i) any police officer of
23a local governmental agency who is primarily responsible for
24prevention or detection of crime and the enforcement of the
25criminal code, traffic, or highway laws of this State or any
26political subdivision of this State or (ii) any member of a

 

 

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1police force appointed and maintained as provided in Section 2
2of the Railroad Police Act.
3    "Recruit" means any full-time or part-time law enforcement
4officer or full-time county corrections officer who is
5enrolled in an approved training course.
6    "Probationary county corrections officer" means a recruit
7county corrections officer required to successfully complete
8initial minimum basic training requirements at a police
9training school to be eligible for permanent employment on a
10full-time basis as a county corrections officer.
11    "Permanent county corrections officer" means a county
12corrections officer who has completed his probationary period
13and is permanently employed on a full-time basis as a county
14corrections officer by a participating local governmental
15unit.
16    "County corrections officer" means any sworn officer of
17the sheriff who is primarily responsible for the control and
18custody of offenders, detainees or inmates.
19    "Probationary court security officer" means a recruit
20court security officer required to successfully complete
21initial minimum basic training requirements at a designated
22training school to be eligible for employment as a court
23security officer.
24    "Permanent court security officer" means a court security
25officer who has completed his or her probationary period and
26is employed as a court security officer by a participating

 

 

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1local governmental unit.
2    "Court security officer" has the meaning ascribed to it in
3Section 3-6012.1 of the Counties Code.
4(Source: P.A. 94-846, eff. 1-1-07.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 2. Definitions. As used in this Act, unless the
7context otherwise requires:
8    "Board" means the Illinois Law Enforcement Training
9Standards Board.
10    "Full-time law enforcement officer" means a law
11enforcement officer who has completed the officer's
12probationary period and is employed on a full-time basis as a
13law enforcement officer by a local government agency, State
14government agency, or as a campus police officer by a
15participating State-controlled university, college, or public
16community college.
17    "Governmental agency" means any local governmental agency
18and any State governmental agency.
19    "Local governmental agency" means any local governmental
20unit or municipal corporation in this State. It does not
21include the State of Illinois or any office, officer,
22department, division, bureau, board, commission, or agency of
23the State, except that it does include a State-controlled
24university, college or public community college.
25    "State governmental agency" means any governmental unit of

 

 

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1this State. This includes any office, officer, department,
2division, bureau, board, commission, or agency of the State.
3It does not include the Illinois State Police as defined in the
4State Police Act.
5    "Panel" means the Certification Review Panel.
6    "Police training school" means any school located within
7the State of Illinois whether privately or publicly owned
8which offers a course in police or county corrections training
9and has been approved by the Board.
10    "Probationary police officer" means a recruit law
11enforcement officer required to successfully complete initial
12minimum basic training requirements at a police training
13school to be eligible for permanent full-time employment as a
14local law enforcement officer.
15    "Probationary part-time police officer" means a recruit
16part-time law enforcement officer required to successfully
17complete initial minimum part-time training requirements to be
18eligible for employment on a part-time basis as a local law
19enforcement officer.
20    "Permanent law enforcement officer" means a law
21enforcement officer who has completed the officer's
22probationary period and is permanently employed on a full-time
23basis as a local law enforcement officer by a participating
24local governmental unit or as a security officer or campus
25police officer permanently employed by a participating
26State-controlled university, college, or public community

 

 

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1college.
2    "Part-time law enforcement officer" means a law
3enforcement officer who has completed the officer's
4probationary period and is employed on a part-time basis as a
5law enforcement officer by a participating unit of local
6government or as a campus police officer by a participating
7State-controlled university, college, or public community
8college.
9    "Law enforcement officer" means (i) any police officer of
10a local governmental agency who is primarily responsible for
11prevention or detection of crime and the enforcement of the
12criminal code, traffic, or highway laws of this State or any
13political subdivision of this State or (ii) any member of a
14police force appointed and maintained as provided in Section 2
15of the Railroad Police Act.
16    "Recruit" means any full-time or part-time law enforcement
17officer or full-time county corrections officer who is
18enrolled in an approved training course.
19    "Probationary county corrections officer" means a recruit
20county corrections officer required to successfully complete
21initial minimum basic training requirements at a police
22training school to be eligible for permanent employment on a
23full-time basis as a county corrections officer.
24    "Permanent county corrections officer" means a county
25corrections officer who has completed the officer's
26probationary period and is permanently employed on a full-time

 

 

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1basis as a county corrections officer by a participating local
2governmental unit.
3    "County corrections officer" means any sworn officer of
4the sheriff who is primarily responsible for the control and
5custody of offenders, detainees or inmates.
6    "Probationary court security officer" means a recruit
7court security officer required to successfully complete
8initial minimum basic training requirements at a designated
9training school to be eligible for employment as a court
10security officer.
11    "Permanent court security officer" means a court security
12officer who has completed the officer's probationary period
13and is employed as a court security officer by a participating
14local governmental unit.
15    "Court security officer" has the meaning ascribed to it in
16Section 3-6012.1 of the Counties Code.
17    "Retired law enforcement officer qualified under federal
18law" means an individual who:
19        (1) separated from service in good standing with a
20    public agency as a law enforcement officer, other than for
21    reasons of mental disability;
22        (2) before such separation, was authorized by law to
23    engage in or supervise the prevention, detection,
24    investigation, or prosecution of, or the incarceration of
25    any person for, any violation of law, and had statutory
26    powers of arrest or apprehension granted by statute;

 

 

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1        (3) served as a law enforcement officer for an
2    aggregate of 10 years or more before his or her separation
3    in good standing from service with his or her agency, or
4    separated from service in good standing, after completing
5    any applicable probationary period of service, due to a
6    service-connected disability as determined by the agency;
7        (4) has met State firearms training and qualifications
8    that are the same as the training and qualifications for
9    active duty officers;
10        (5) is not under the influence of alcohol or another
11    intoxicating or hallucinatory drug or substance; and
12        (6) is not prohibited by federal law from carrying a
13    firearm.
14(Source: P.A. 101-652, eff. 1-1-22.)
 
15    Section 10. The Criminal Code of 2012 is amended by
16changing Section 24-2 as follows:
 
17    (720 ILCS 5/24-2)
18    (Text of Section before amendment by P.A. 102-152)
19    Sec. 24-2. Exemptions.
20    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
22the following:
23        (1) Peace officers, and any person summoned by a peace
24    officer to assist in making arrests or preserving the

 

 

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1    peace, while actually engaged in assisting such officer.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense,
5    while in the performance of their official duty, or while
6    commuting between their homes and places of employment.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard or the
9    Reserve Officers Training Corps, while in the performance
10    of their official duty.
11        (4) Special agents employed by a railroad or a public
12    utility to perform police functions, and guards of armored
13    car companies, while actually engaged in the performance
14    of the duties of their employment or commuting between
15    their homes and places of employment; and watchmen while
16    actually engaged in the performance of the duties of their
17    employment.
18        (5) Persons licensed as private security contractors,
19    private detectives, or private alarm contractors, or
20    employed by a private security contractor, private
21    detective, or private alarm contractor agency licensed by
22    the Department of Financial and Professional Regulation,
23    if their duties include the carrying of a weapon under the
24    provisions of the Private Detective, Private Alarm,
25    Private Security, Fingerprint Vendor, and Locksmith Act of
26    2004, while actually engaged in the performance of the

 

 

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1    duties of their employment or commuting between their
2    homes and places of employment. A person shall be
3    considered eligible for this exemption if he or she has
4    completed the required 20 hours of training for a private
5    security contractor, private detective, or private alarm
6    contractor, or employee of a licensed private security
7    contractor, private detective, or private alarm contractor
8    agency and 20 hours of required firearm training, and has
9    been issued a firearm control card by the Department of
10    Financial and 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
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control
16    card shall be carried by the private security contractor,
17    private detective, or private alarm contractor, or
18    employee of the licensed private security contractor,
19    private detective, or private alarm contractor agency at
20    all times when he or she is in possession of a concealable
21    weapon permitted by his or her firearm control card.
22        (6) Any person regularly employed in a commercial or
23    industrial operation as a security guard for the
24    protection of persons employed and private property
25    related to such commercial or industrial operation, while
26    actually engaged in the performance of his or her duty or

 

 

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1    traveling between sites or properties belonging to the
2    employer, and who, as a security guard, is a member of a
3    security force registered with the Department of Financial
4    and Professional Regulation; provided that such security
5    guard has successfully completed a course of study,
6    approved by and supervised by the Department of Financial
7    and Professional Regulation, consisting of not less than
8    40 hours of training that includes the theory of law
9    enforcement, liability for acts, and the handling of
10    weapons. A person shall be considered eligible for this
11    exemption if he or she has completed the required 20 hours
12    of training for a security officer and 20 hours of
13    required firearm training, and has been issued a firearm
14    control card by the Department of Financial and
15    Professional Regulation. Conditions for the renewal of
16    firearm control cards issued under the provisions of this
17    Section shall be the same as for those cards issued under
18    the provisions of the Private Detective, Private Alarm,
19    Private Security, Fingerprint Vendor, and Locksmith Act of
20    2004. The firearm control card shall be carried by the
21    security guard at all times when he or she is in possession
22    of a concealable weapon permitted by his or her firearm
23    control card.
24        (7) Agents and investigators of the Illinois
25    Legislative Investigating Commission authorized by the
26    Commission to carry the weapons specified in subsections

 

 

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1    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2    any investigation for the Commission.
3        (8) Persons employed by a financial institution as a
4    security guard for the protection of other employees and
5    property related to such financial institution, while
6    actually engaged in the performance of their duties,
7    commuting between their homes and places of employment, or
8    traveling between sites or properties owned or operated by
9    such financial institution, and who, as a security guard,
10    is a member of a security force registered with the
11    Department; provided that any person so employed has
12    successfully completed a course of study, approved by and
13    supervised by the Department of Financial and Professional
14    Regulation, consisting of not less than 40 hours of
15    training which includes theory of law enforcement,
16    liability for acts, and the handling of weapons. A person
17    shall be considered to be eligible for this exemption if
18    he or she has completed the required 20 hours of training
19    for a security officer and 20 hours of required firearm
20    training, and has been issued a firearm control card by
21    the Department of Financial and Professional Regulation.
22    Conditions for renewal of firearm control cards issued
23    under the provisions of this Section shall be the same as
24    for those issued under the provisions of the Private
25    Detective, Private Alarm, Private Security, Fingerprint
26    Vendor, and Locksmith Act of 2004. The firearm control

 

 

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1    card shall be carried by the security guard at all times
2    when he or she is in possession of a concealable weapon
3    permitted by his or her firearm control card. For purposes
4    of this subsection, "financial institution" means a bank,
5    savings and loan association, credit union or company
6    providing armored car services.
7        (9) Any person employed by an armored car company to
8    drive an armored car, while actually engaged in the
9    performance of his duties.
10        (10) Persons who have been classified as peace
11    officers pursuant to the Peace Officer Fire Investigation
12    Act.
13        (11) Investigators of the Office of the State's
14    Attorneys Appellate Prosecutor authorized by the board of
15    governors of the Office of the State's Attorneys Appellate
16    Prosecutor to carry weapons pursuant to Section 7.06 of
17    the State's Attorneys Appellate Prosecutor's Act.
18        (12) Special investigators appointed by a State's
19    Attorney under Section 3-9005 of the Counties Code.
20        (12.5) Probation officers while in the performance of
21    their duties, or while commuting between their homes,
22    places of employment or specific locations that are part
23    of their assigned duties, with the consent of the chief
24    judge of the circuit for which they are employed, if they
25    have received weapons training according to requirements
26    of the Peace Officer and Probation Officer Firearm

 

 

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1    Training Act.
2        (13) Court Security Officers while in the performance
3    of their official duties, or while commuting between their
4    homes and places of employment, with the consent of the
5    Sheriff.
6        (13.5) A person employed as an armed security guard at
7    a nuclear energy, storage, weapons or development site or
8    facility regulated by the Nuclear Regulatory Commission
9    who has completed the background screening and training
10    mandated by the rules and regulations of the Nuclear
11    Regulatory Commission.
12        (14) Manufacture, transportation, or sale of weapons
13    to persons authorized under subdivisions (1) through
14    (13.5) of this subsection to possess those weapons.
15    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
16to or affect any person carrying a concealed pistol, revolver,
17or handgun and the person has been issued a currently valid
18license under the Firearm Concealed Carry Act at the time of
19the commission of the offense.
20     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
21to or affect a qualified current or retired law enforcement
22officer qualified under the laws of this State or under the
23federal Law Enforcement Officers Safety Act.
24    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 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
9    permit while engaged in hunting, trapping or fishing.
10        (4) Transportation of weapons that are broken down in
11    a 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
15    person's permission.
16    (c) Subsection 24-1(a)(7) does not apply to or affect any
17of 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
11    lawful 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
24    experimental activities necessary thereto, of rifles,
25    shotguns, and weapons made from rifles or shotguns, or
26    ammunition for such rifles, shotguns or weapons, where

 

 

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1    engaged in by a person operating as a contractor or
2    subcontractor pursuant to a contract or subcontract for
3    the development and supply of such rifles, shotguns,
4    weapons or ammunition to the United States government or
5    any branch of the Armed Forces of the United States, when
6    such activities are necessary and incident to fulfilling
7    the terms of such contract.
8        The exemption granted under this subdivision (c)(6)
9    shall also apply to any authorized agent of any such
10    contractor or subcontractor who is operating within the
11    scope of his employment, where such activities involving
12    such weapon, weapons or ammunition are necessary and
13    incident to fulfilling the terms of such contract.
14        (7) A person possessing a rifle with a barrel or
15    barrels less than 16 inches in length if: (A) the person
16    has been issued a Curios and Relics license from the U.S.
17    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
18    (B) the person is an active member of a bona fide,
19    nationally recognized military re-enacting group and the
20    modification is required and necessary to accurately
21    portray the weapon for historical re-enactment purposes;
22    the re-enactor is in possession of a valid and current
23    re-enacting group membership credential; and the overall
24    length of the weapon as modified is not less than 26
25    inches.
26    (d) Subsection 24-1(a)(1) does not apply to the purchase,

 

 

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1possession or carrying of a black-jack or slung-shot by a
2peace officer.
3    (e) Subsection 24-1(a)(8) does not apply to any owner,
4manager or authorized employee of any place specified in that
5subsection nor to any law enforcement officer.
6    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
7Section 24-1.6 do not apply to members of any club or
8organization organized for the purpose of practicing shooting
9at targets upon established target ranges, whether public or
10private, while using their firearms on those target ranges.
11    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
12to:
13        (1) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard, while in
15    the performance of their official duty.
16        (2) Bonafide collectors of antique or surplus military
17    ordnance.
18        (3) Laboratories having a department of forensic
19    ballistics, or specializing in the development of
20    ammunition or explosive ordnance.
21        (4) Commerce, preparation, assembly or possession of
22    explosive bullets by manufacturers of ammunition licensed
23    by the federal government, in connection with the supply
24    of those organizations and persons exempted by subdivision
25    (g)(1) of this Section, or like organizations and persons
26    outside this State, or the transportation of explosive

 

 

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1    bullets to any organization or person exempted in this
2    Section by a common carrier or by a vehicle owned or leased
3    by an exempted manufacturer.
4    (g-5) Subsection 24-1(a)(6) does not apply to or affect
5persons licensed under federal law to manufacture any device
6or attachment of any kind designed, used, or intended for use
7in silencing the report of any firearm, firearms, or
8ammunition for those firearms equipped with those devices, and
9actually engaged in the business of manufacturing those
10devices, firearms, or ammunition, but only with respect to
11activities that are within the lawful scope of that business,
12such as the manufacture, transportation, or testing of those
13devices, firearms, or ammunition. This exemption does not
14authorize the general private possession of any device or
15attachment of any kind designed, used, or intended for use in
16silencing the report of any firearm, but only such possession
17and activities as are within the lawful scope of a licensed
18manufacturing business described in this subsection (g-5).
19During transportation, these devices shall be detached from
20any weapon or not immediately accessible.
21    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any parole agent or parole
23supervisor who meets the qualifications and conditions
24prescribed in Section 3-14-1.5 of the Unified Code of
25Corrections.
26    (g-7) Subsection 24-1(a)(6) does not apply to a peace

 

 

HB4331- 20 -LRB102 22131 RLC 31260 b

1officer while serving as a member of a tactical response team
2or special operations team. A peace officer may not personally
3own or apply for ownership of a device or attachment of any
4kind designed, used, or intended for use in silencing the
5report of any firearm. These devices shall be owned and
6maintained by lawfully recognized units of government whose
7duties include the investigation of criminal acts.
8    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
10athlete's possession, transport on official Olympic and
11Paralympic transit systems established for athletes, or use of
12competition firearms sanctioned by the International Olympic
13Committee, the International Paralympic Committee, the
14International Shooting Sport Federation, or USA Shooting in
15connection with such athlete's training for and participation
16in shooting competitions at the 2016 Olympic and Paralympic
17Games and sanctioned test events leading up to the 2016
18Olympic and Paralympic Games.
19    (h) An information or indictment based upon a violation of
20any subsection of this Article need not negative any
21exemptions contained in this Article. The defendant shall have
22the burden of proving such an exemption.
23    (i) Nothing in this Article shall prohibit, apply to, or
24affect the transportation, carrying, or possession, of any
25pistol or revolver, stun gun, taser, or other firearm
26consigned to a common carrier operating under license of the

 

 

HB4331- 21 -LRB102 22131 RLC 31260 b

1State of Illinois or the federal government, where such
2transportation, carrying, or possession is incident to the
3lawful transportation in which such common carrier is engaged;
4and nothing in this Article shall prohibit, apply to, or
5affect the transportation, carrying, or possession of any
6pistol, revolver, stun gun, taser, or other firearm, not the
7subject of and regulated by subsection 24-1(a)(7) or
8subsection 24-2(c) of this Article, which is unloaded and
9enclosed in a case, firearm carrying box, shipping box, or
10other container, by the possessor of a valid Firearm Owners
11Identification Card.
12(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
13    (Text of Section after amendment by P.A. 102-152)
14    Sec. 24-2. Exemptions.
15    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17the following:
18        (1) Peace officers, and any person summoned by a peace
19    officer to assist in making arrests or preserving the
20    peace, while actually engaged in assisting such officer.
21        (2) Wardens, superintendents and keepers of prisons,
22    penitentiaries, jails and other institutions for the
23    detention of persons accused or convicted of an offense,
24    while in the performance of their official duty, or while
25    commuting between their homes and places of employment.

 

 

HB4331- 22 -LRB102 22131 RLC 31260 b

1        (3) Members of the Armed Services or Reserve Forces of
2    the United States or the Illinois National Guard or the
3    Reserve Officers Training Corps, while in the performance
4    of their official duty.
5        (4) Special agents employed by a railroad or a public
6    utility to perform police functions, and guards of armored
7    car companies, while actually engaged in the performance
8    of the duties of their employment or commuting between
9    their homes and places of employment; and watchmen while
10    actually engaged in the performance of the duties of their
11    employment.
12        (5) Persons licensed as private security contractors,
13    private detectives, or private alarm contractors, or
14    employed by a private security contractor, private
15    detective, or private alarm contractor agency licensed by
16    the Department of Financial and Professional Regulation,
17    if their duties include the carrying of a weapon under the
18    provisions of the Private Detective, Private Alarm,
19    Private Security, Fingerprint Vendor, and Locksmith Act of
20    2004, while actually engaged in the performance of the
21    duties of their employment or commuting between their
22    homes and places of employment. A person shall be
23    considered eligible for this exemption if he or she has
24    completed the required 20 hours of training for a private
25    security contractor, private detective, or private alarm
26    contractor, or employee of a licensed private security

 

 

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1    contractor, private detective, or private alarm contractor
2    agency and 28 hours of required firearm training, and has
3    been issued a firearm control card by the Department of
4    Financial and Professional Regulation. Conditions for the
5    renewal of firearm control cards issued under the
6    provisions of this Section shall be the same as for those
7    cards issued under the provisions of the Private
8    Detective, Private Alarm, Private Security, Fingerprint
9    Vendor, and Locksmith Act of 2004. The firearm control
10    card shall be carried by the private security contractor,
11    private detective, or private alarm contractor, or
12    employee of the licensed private security contractor,
13    private detective, or private alarm contractor agency at
14    all times when he or she is in possession of a concealable
15    weapon permitted by his or her firearm control card.
16        (6) Any person regularly employed in a commercial or
17    industrial operation as a security guard for the
18    protection of persons employed and private property
19    related to such commercial or industrial operation, while
20    actually engaged in the performance of his or her duty or
21    traveling between sites or properties belonging to the
22    employer, and who, as a security guard, is a member of a
23    security force registered with the Department of Financial
24    and Professional Regulation; provided that such security
25    guard has successfully completed a course of study,
26    approved by and supervised by the Department of Financial

 

 

HB4331- 24 -LRB102 22131 RLC 31260 b

1    and Professional Regulation, consisting of not less than
2    48 hours of training that includes the theory of law
3    enforcement, liability for acts, and the handling of
4    weapons. A person shall be considered eligible for this
5    exemption if he or she has completed the required 20 hours
6    of training for a security officer and 28 hours of
7    required firearm training, and has been issued a firearm
8    control card by the Department of Financial and
9    Professional Regulation. Conditions for the renewal of
10    firearm control cards issued under the provisions of this
11    Section shall be the same as for those cards issued under
12    the provisions of the Private Detective, Private Alarm,
13    Private Security, Fingerprint Vendor, and Locksmith Act of
14    2004. The firearm control card shall be carried by the
15    security guard at all times when he or she is in possession
16    of a concealable weapon permitted by his or her firearm
17    control card.
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 as a
24    security guard for the protection of other employees and
25    property related to such financial institution, while
26    actually engaged in the performance of their duties,

 

 

HB4331- 25 -LRB102 22131 RLC 31260 b

1    commuting between their homes and places of employment, or
2    traveling between sites or properties owned or operated by
3    such financial institution, and who, as a security guard,
4    is a member of a security force registered with the
5    Department; provided that any person so employed has
6    successfully completed a course of study, approved by and
7    supervised by the Department of Financial and Professional
8    Regulation, consisting of not less than 48 hours of
9    training which includes theory of law enforcement,
10    liability for acts, and the handling of weapons. A person
11    shall be considered to be eligible for this exemption if
12    he or she has completed the required 20 hours of training
13    for a security officer and 28 hours of required firearm
14    training, and has been issued a firearm control card by
15    the Department of Financial and Professional Regulation.
16    Conditions for renewal of firearm control cards issued
17    under the provisions of this Section shall be the same as
18    for those issued under the provisions of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004. The firearm control
21    card shall be carried by the security guard at all times
22    when he or she is in possession of a concealable weapon
23    permitted by his or her firearm control card. For purposes
24    of this subsection, "financial institution" means a bank,
25    savings and loan association, credit union or company
26    providing armored car services.

 

 

HB4331- 26 -LRB102 22131 RLC 31260 b

1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace
5    officers pursuant to the Peace Officer Fire Investigation
6    Act.
7        (11) Investigators of the Office of the State's
8    Attorneys Appellate Prosecutor authorized by the board of
9    governors of the Office of the State's Attorneys Appellate
10    Prosecutor to carry weapons pursuant to Section 7.06 of
11    the State's Attorneys Appellate Prosecutor's Act.
12        (12) Special investigators appointed by a State's
13    Attorney under Section 3-9005 of the Counties Code.
14        (12.5) Probation officers while in the performance of
15    their duties, or while commuting between their homes,
16    places of employment or specific locations that are part
17    of their assigned duties, with the consent of the chief
18    judge of the circuit for which they are employed, if they
19    have received weapons training according to requirements
20    of the Peace Officer and Probation Officer Firearm
21    Training Act.
22        (13) Court Security Officers while in the performance
23    of their official duties, or while commuting between their
24    homes and places of employment, with the consent of the
25    Sheriff.
26        (13.5) A person employed as an armed security guard at

 

 

HB4331- 27 -LRB102 22131 RLC 31260 b

1    a nuclear energy, storage, weapons or development site or
2    facility regulated by the Nuclear Regulatory Commission
3    who has completed the background screening and training
4    mandated by the rules and regulations of the Nuclear
5    Regulatory Commission.
6        (14) Manufacture, transportation, or sale of weapons
7    to persons authorized under subdivisions (1) through
8    (13.5) of this subsection to possess those weapons.
9    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect any person carrying a concealed pistol, revolver,
11or handgun and the person has been issued a currently valid
12license under the Firearm Concealed Carry Act at the time of
13the commission of the offense.
14     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect a qualified current or retired law enforcement
16officer qualified under the laws of this State or under the
17federal Law Enforcement Officers Safety Act.
18    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20        (1) Members of any club or organization organized for
21    the purpose of practicing shooting at targets upon
22    established target ranges, whether public or private, and
23    patrons of such ranges, while such members or patrons are
24    using their firearms on those target ranges.
25        (2) Duly authorized military or civil organizations
26    while parading, with the special permission of the

 

 

HB4331- 28 -LRB102 22131 RLC 31260 b

1    Governor.
2        (3) Hunters, trappers or fishermen with a license or
3    permit while engaged in hunting, trapping or fishing.
4        (4) Transportation of weapons that are broken down in
5    a non-functioning state or are not immediately accessible.
6        (5) Carrying or possessing any pistol, revolver, stun
7    gun or taser or other firearm on the land or in the legal
8    dwelling of another person as an invitee with that
9    person's permission.
10    (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12        (1) Peace officers while in performance of their
13    official duties.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard, while in
19    the performance of their official duty.
20        (4) Manufacture, transportation, or sale of machine
21    guns to persons authorized under subdivisions (1) through
22    (3) of this subsection to possess machine guns, if the
23    machine guns are broken down in a non-functioning state or
24    are not immediately accessible.
25        (5) Persons licensed under federal law to manufacture
26    any weapon from which 8 or more shots or bullets can be

 

 

HB4331- 29 -LRB102 22131 RLC 31260 b

1    discharged by a single function of the firing device, or
2    ammunition for such weapons, and actually engaged in the
3    business of manufacturing such weapons or ammunition, but
4    only with respect to activities which are within the
5    lawful scope of such business, such as the manufacture,
6    transportation, or testing of such weapons or ammunition.
7    This exemption does not authorize the general private
8    possession of any weapon from which 8 or more shots or
9    bullets can be discharged by a single function of the
10    firing device, but only such possession and activities as
11    are within the lawful scope of a licensed manufacturing
12    business described in this paragraph.
13        During transportation, such weapons shall be broken
14    down in a non-functioning state or not immediately
15    accessible.
16        (6) The manufacture, transport, testing, delivery,
17    transfer or sale, and all lawful commercial or
18    experimental activities necessary thereto, of rifles,
19    shotguns, and weapons made from rifles or shotguns, or
20    ammunition for such rifles, shotguns or weapons, where
21    engaged in by a person operating as a contractor or
22    subcontractor pursuant to a contract or subcontract for
23    the development and supply of such rifles, shotguns,
24    weapons or ammunition to the United States government or
25    any branch of the Armed Forces of the United States, when
26    such activities are necessary and incident to fulfilling

 

 

HB4331- 30 -LRB102 22131 RLC 31260 b

1    the terms of such contract.
2        The exemption granted under this subdivision (c)(6)
3    shall also apply to any authorized agent of any such
4    contractor or subcontractor who is operating within the
5    scope of his employment, where such activities involving
6    such weapon, weapons or ammunition are necessary and
7    incident to fulfilling the terms of such contract.
8        (7) A person possessing a rifle with a barrel or
9    barrels less than 16 inches in length if: (A) the person
10    has been issued a Curios and Relics license from the U.S.
11    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
12    (B) the person is an active member of a bona fide,
13    nationally recognized military re-enacting group and the
14    modification is required and necessary to accurately
15    portray the weapon for historical re-enactment purposes;
16    the re-enactor is in possession of a valid and current
17    re-enacting group membership credential; and the overall
18    length of the weapon as modified is not less than 26
19    inches.
20    (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a
22peace officer.
23    (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

 

 

HB4331- 31 -LRB102 22131 RLC 31260 b

1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
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    ordnance.
12        (3) Laboratories having a department of forensic
13    ballistics, or specializing in the development of
14    ammunition or explosive ordnance.
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
18    of 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
25persons licensed under federal law to manufacture any device
26or attachment of any kind designed, used, or intended for use

 

 

HB4331- 32 -LRB102 22131 RLC 31260 b

1in silencing the report of any firearm, firearms, or
2ammunition for those firearms equipped with those devices, and
3actually engaged in the business of manufacturing those
4devices, firearms, or ammunition, but only with respect to
5activities that are within the lawful scope of that business,
6such as the manufacture, transportation, or testing of those
7devices, firearms, or ammunition. This exemption does not
8authorize the general private possession of any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, but only such possession
11and activities as are within the lawful scope of a licensed
12manufacturing business described in this subsection (g-5).
13During transportation, these devices shall be detached from
14any weapon or not immediately accessible.
15    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20    (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

 

 

HB4331- 33 -LRB102 22131 RLC 31260 b

1duties include the investigation of criminal acts.
2    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
324-1.6 do not apply to or affect any currently employed or
4qualified retired State correctional officer who meets the
5qualifications and conditions prescribed in Section 3-2-14 of
6the Unified Code of Corrections.
7    (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
824-1.6 do not apply to or affect any currently employed or
9qualified retired county correctional officer who meets the
10qualifications and conditions prescribed in Section 26.1 of
11the County Jail Act.
12    (g-10) (Blank).
13    (h) An information or indictment based upon a violation of
14any subsection of this Article need not negative any
15exemptions contained in this Article. The defendant shall have
16the burden of proving such an exemption.
17    (i) Nothing in this Article shall prohibit, apply to, or
18affect the transportation, carrying, or possession, of any
19pistol or revolver, stun gun, taser, or other firearm
20consigned to a common carrier operating under license of the
21State of Illinois or the federal government, where such
22transportation, carrying, or possession is incident to the
23lawful transportation in which such common carrier is engaged;
24and nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession of any
26pistol, revolver, stun gun, taser, or other firearm, not the

 

 

HB4331- 34 -LRB102 22131 RLC 31260 b

1subject of and regulated by subsection 24-1(a)(7) or
2subsection 24-2(c) of this Article, which is unloaded and
3enclosed in a case, firearm carrying box, shipping box, or
4other container, by the possessor of a valid Firearm Owners
5Identification Card.
6(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
7    Section 15. The Unified Code of Corrections is amended by
8adding Section 3-2-14 as follows:
 
9    (730 ILCS 5/3-2-14 new)
10    Sec. 3-2-14. State correctional officers; off-duty
11firearms.
12    (a) In this Section, "State correctional officer" means an
13employee of the Department of Corrections who has custody and
14control over inmates in an adult correctional facility.
15    (b) In this Section, "qualified retired State correctional
16officer" means a former State correctional officer who:
17        (1) was separated from service with the Department of
18    Corrections in good standing;
19        (2) before the separation, was authorized by law to
20    engage in or supervise the activities of prevention,
21    detection, investigation, prosecution, or incarceration of
22    any person for any violation of law;
23        (3) before the separation, served as a State
24    correctional officer for an aggregate of 10 years or more;

 

 

HB4331- 35 -LRB102 22131 RLC 31260 b

1        (4) has not either:
2            (A) been officially found, as the Department shall
3        by rule provide, by a qualified medical professional
4        employed by the Department of Corrections to be
5        unqualified for reasons relating to mental health and
6        as a result of this finding will not be issued the
7        photographic identification as described in paragraph
8        (4) of subsection (c); or
9            (B) entered into an agreement with the Department
10        of Corrections in which that individual acknowledges
11        he or she is not qualified under this Section for
12        reasons relating to mental health and for those
13        reasons will not receive or accept the photographic
14        identification as described in paragraph (4) of
15        subsection (c);
16        (5) is not under the influence of alcohol or any other
17    intoxicating or hallucinatory drug or substance; and
18        (6) is not prohibited by State or federal law from
19    owning or possessing a firearm.
20    (c) Paragraphs (4) and (10) of subsection (a) of Section
2124-1 and Section 24-1.6 of the Criminal Code of 2012 do not
22apply to currently employed or qualified retired State
23correctional officers who meet the following conditions:
24        (1) The currently employed or qualified retired State
25    correctional officer must receive training in the use of
26    firearms while off-duty conducted by the Illinois Law

 

 

HB4331- 36 -LRB102 22131 RLC 31260 b

1    Enforcement Training Standards Board and be certified as
2    having successfully completed the training by the Board.
3    The Board shall determine the amount of the training and
4    the course content for the training. The currently
5    employed or qualified retired State correctional officer
6    shall requalify for the firearms training annually at a
7    State range certified by the Illinois Law Enforcement
8    Training Standards Board. The expenses of the retraining
9    shall be paid by the currently employed or qualified
10    retired State correctional officer and moneys for the
11    costs of the requalification shall be expended at the
12    request of the Illinois Law Enforcement Training Standards
13    Board.
14        (2) The currently employed or qualified retired State
15    correctional officer may not carry any Department of
16    Corrections State-issued firearm while off-duty. A person
17    who violates this paragraph (2) is subject to disciplinary
18    action by the Department of Corrections.
19        (3) State correctional officers who are or were
20    discharged from employment by the Department of
21    Corrections are not law enforcement officials after the
22    date of discharge.
23        (4) The currently employed or qualified retired State
24    correctional officer shall carry photographic
25    identification issued by the Department of Corrections
26    identifying him or her as a currently employed or

 

 

HB4331- 37 -LRB102 22131 RLC 31260 b

1    qualified retired State correctional officer while
2    carrying a firearm off-duty, along with a valid annual
3    firearm certificate issued by the Illinois Law Enforcement
4    Training Standards Board stating that he or she is
5    qualified to carry a concealed weapon.
 
6    Section 20. The County Jail Act is amended by adding
7Section 26.1 as follows:
 
8    (730 ILCS 125/26.1 new)
9    Sec. 26.1. County correctional officers; off-duty
10firearms.
11    (a) In this Section, "county correctional officer" means
12an employee of a county sheriff's office within this State who
13has custody and control over adult inmates in a county jail.
14    (b) In this Section, "qualified retired county
15correctional officer" means a former county correctional
16officer who:
17        (1) was separated from service with the county
18    sheriff's office in good standing;
19        (2) before the separation, was authorized by law to
20    engage in or supervise the activities of prevention,
21    detection, investigation, prosecution, or incarceration of
22    any person for any violation of law;
23        (3) before the separation, served as a county
24    correctional officer for an aggregate of 10 years or more;

 

 

HB4331- 38 -LRB102 22131 RLC 31260 b

1        (4) has not either:
2            (A) been officially found, as the county sheriff
3        shall by rule provide, by a qualified medical
4        professional employed by the county sheriff to be
5        unqualified for reasons relating to mental health and
6        as a result of this finding will not be issued the
7        photographic identification as described in paragraph
8        (4) of subsection (c); or
9            (B) entered into an agreement with the county
10        sheriff's office from which the individual is
11        separated from service in which that individual
12        acknowledges he or she is not qualified under this
13        Section for reasons relating to mental health and for
14        those reasons will not receive or accept the
15        photographic identification as described in paragraph
16        (4) of subsection (c);
17        (5) is not under the influence of alcohol or any other
18    intoxicating or hallucinatory drug or substance; and
19        (6) is not prohibited by State or federal law from
20    receiving a firearm.
21    (c) Paragraphs (4) and (10) of subsection (a) of Section
2224-1 and Section 24-1.6 of the Criminal Code of 2012 do not
23apply to currently employed or qualified retired county
24correctional officers who meet the following conditions:
25        (1) The currently employed or qualified retired county
26    correctional officer must receive training in the use of

 

 

HB4331- 39 -LRB102 22131 RLC 31260 b

1    firearms while off-duty conducted by the Illinois Law
2    Enforcement Training Standards Board and be certified as
3    having successfully completed the training by the Board.
4    The Board shall determine the amount of the training and
5    the course content for the training. The currently
6    employed or qualified retired county correctional officer
7    shall requalify for the firearms training annually at a
8    State range certified by the Illinois Law Enforcement
9    Training Standards Board. The expenses of the retraining
10    shall be paid by the currently employed or qualified
11    retired county correctional officer and moneys for the
12    costs of the requalification shall be expended at the
13    request of the Illinois Law Enforcement Training Standards
14    Board.
15        (2) The currently employed or qualified retired county
16    correctional officer may not carry any county
17    sheriff-issued firearm while off-duty. A person who
18    violates this paragraph (2) is subject to disciplinary
19    action by the county sheriff.
20        (3) County correctional officers who are or were
21    discharged from employment by the county sheriff shall no
22    longer be considered law enforcement officials and all
23    their rights as law enforcement officials shall be revoked
24    permanently.
25        (4) The currently employed or qualified retired county
26    correctional officer shall carry a photographic

 

 

HB4331- 40 -LRB102 22131 RLC 31260 b

1    identification issued by his or her agency identifying him
2    or her as a currently employed or qualified retired county
3    correctional officer while carrying a firearm off-duty,
4    along with a valid annual firearm certificate issued by
5    the Illinois Law Enforcement Training Standards Board
6    stating that he or she is qualified to carry a concealed
7    weapon.
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.