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1 | AN ACT concerning firearms.
| |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Illinois Police Training Act is amended by | |||||||||||||||||||||||||
5 | changing 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 | |||||||||||||||||||||||||
9 | context otherwise
requires:
| |||||||||||||||||||||||||
10 | "Board" means the Illinois Law Enforcement Training | |||||||||||||||||||||||||
11 | Standards Board.
| |||||||||||||||||||||||||
12 | "Local governmental agency" means any local governmental | |||||||||||||||||||||||||
13 | unit or
municipal corporation in this State. It does not | |||||||||||||||||||||||||
14 | include the State of
Illinois or any office, officer, | |||||||||||||||||||||||||
15 | department, division, bureau, board,
commission, or agency of | |||||||||||||||||||||||||
16 | the State, except that it does include a
State-controlled | |||||||||||||||||||||||||
17 | university, college or public community college.
| |||||||||||||||||||||||||
18 | "Police training school" means any school located within | |||||||||||||||||||||||||
19 | the State of
Illinois whether privately or publicly owned | |||||||||||||||||||||||||
20 | which offers a course in
police or county corrections training | |||||||||||||||||||||||||
21 | and has been approved by the Board.
| |||||||||||||||||||||||||
22 | "Probationary police officer" means a recruit law | |||||||||||||||||||||||||
23 | enforcement officer
required to successfully complete initial |
| |||||||
| |||||||
1 | minimum basic training requirements
at a police training | ||||||
2 | school to be eligible for permanent full-time
employment as a | ||||||
3 | local law enforcement officer.
| ||||||
4 | "Probationary part-time police officer" means a recruit | ||||||
5 | part-time law
enforcement officer required to successfully | ||||||
6 | complete initial minimum part-time
training requirements to be | ||||||
7 | eligible for employment on a part-time basis as a
local law | ||||||
8 | enforcement officer.
| ||||||
9 | "Permanent police officer" means a law enforcement officer | ||||||
10 | who has
completed his or her probationary period and is | ||||||
11 | permanently employed on a
full-time basis as a local law | ||||||
12 | enforcement officer by a participating local
governmental unit | ||||||
13 | or as a security officer or campus policeman permanently
| ||||||
14 | employed by a participating State-controlled university, | ||||||
15 | college, or public
community college.
| ||||||
16 | "Part-time police officer" means a law enforcement officer | ||||||
17 | who has
completed his or her probationary period and is | ||||||
18 | employed on a part-time basis
as a law enforcement officer by a | ||||||
19 | participating unit of local government or as
a campus | ||||||
20 | policeman by a participating State-controlled university, | ||||||
21 | college, or
public community college.
| ||||||
22 | "Law enforcement officer" means (i) any police officer of | ||||||
23 | a local governmental
agency who is primarily responsible for
| ||||||
24 | prevention or detection of crime and the enforcement of the | ||||||
25 | criminal code,
traffic, or highway laws of this State or any | ||||||
26 | political subdivision
of this State or (ii) any member of a |
| |||||||
| |||||||
1 | police force appointed and maintained as provided in Section 2 | ||||||
2 | of the Railroad Police Act.
| ||||||
3 | "Recruit" means any full-time or part-time law
enforcement | ||||||
4 | officer or
full-time
county corrections officer who is | ||||||
5 | enrolled in an
approved training course.
| ||||||
6 | "Probationary county corrections officer" means a recruit | ||||||
7 | county
corrections officer required to successfully complete | ||||||
8 | initial minimum basic
training requirements at a police | ||||||
9 | training school to be eligible for permanent
employment on a | ||||||
10 | full-time basis as a county corrections officer.
| ||||||
11 | "Permanent county corrections officer" means a county | ||||||
12 | corrections
officer who has completed his probationary period | ||||||
13 | and is permanently employed
on a full-time basis as a county | ||||||
14 | corrections officer by a participating
local governmental | ||||||
15 | unit.
| ||||||
16 | "County corrections officer" means any sworn
officer of | ||||||
17 | the sheriff who is primarily responsible for the control and | ||||||
18 | custody
of offenders, detainees or inmates.
| ||||||
19 | "Probationary court security officer" means a recruit | ||||||
20 | court security
officer required to successfully complete | ||||||
21 | initial minimum basic training
requirements at a designated | ||||||
22 | training school to be eligible for employment as a
court | ||||||
23 | security officer.
| ||||||
24 | "Permanent court security officer" means a court security | ||||||
25 | officer who has
completed his or her probationary period and | ||||||
26 | is employed as a court
security officer by a participating |
| |||||||
| |||||||
1 | local governmental unit.
| ||||||
2 | "Court security officer" has the meaning ascribed to it in | ||||||
3 | Section 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 | ||||||
7 | context otherwise
requires:
| ||||||
8 | "Board" means the Illinois Law Enforcement Training | ||||||
9 | Standards Board.
| ||||||
10 | "Full-time law enforcement officer" means a law | ||||||
11 | enforcement officer who has completed the officer's | ||||||
12 | probationary period and is employed on a full-time basis as a | ||||||
13 | law enforcement officer by a local government agency, State | ||||||
14 | government agency, or as a campus police officer by a | ||||||
15 | participating State-controlled university, college, or public | ||||||
16 | community college. | ||||||
17 | "Governmental agency" means any local governmental agency | ||||||
18 | and any State governmental agency. | ||||||
19 | "Local governmental agency" means any local governmental | ||||||
20 | unit or
municipal corporation in this State. It does not | ||||||
21 | include the State of
Illinois or any office, officer, | ||||||
22 | department, division, bureau, board,
commission, or agency of | ||||||
23 | the State, except that it does include a
State-controlled | ||||||
24 | university, college or public community college.
| ||||||
25 | "State governmental agency" means any governmental unit of |
| |||||||
| |||||||
1 | this State. This includes any office, officer, department, | ||||||
2 | division, bureau, board, commission, or agency of the State. | ||||||
3 | It does not include the Illinois State Police as defined in the | ||||||
4 | State Police Act. | ||||||
5 | "Panel" means the Certification Review Panel. | ||||||
6 | "Police training school" means any school located within | ||||||
7 | the State of
Illinois whether privately or publicly owned | ||||||
8 | which offers a course in
police or county corrections training | ||||||
9 | and has been approved by the Board.
| ||||||
10 | "Probationary police officer" means a recruit law | ||||||
11 | enforcement officer
required to successfully complete initial | ||||||
12 | minimum basic training requirements
at a police training | ||||||
13 | school to be eligible for permanent full-time
employment as a | ||||||
14 | local law enforcement officer.
| ||||||
15 | "Probationary part-time police officer" means a recruit | ||||||
16 | part-time law
enforcement officer required to successfully | ||||||
17 | complete initial minimum part-time
training requirements to be | ||||||
18 | eligible for employment on a part-time basis as a
local law | ||||||
19 | enforcement officer.
| ||||||
20 | "Permanent law enforcement officer" means a law | ||||||
21 | enforcement officer who has
completed the officer's | ||||||
22 | probationary period and is permanently employed on a
full-time | ||||||
23 | basis as a local law enforcement officer by a participating | ||||||
24 | local
governmental unit or as a security officer or campus | ||||||
25 | police officer permanently
employed by a participating | ||||||
26 | State-controlled university, college, or public
community |
| |||||||
| |||||||
1 | college.
| ||||||
2 | "Part-time law enforcement officer" means a law | ||||||
3 | enforcement officer who has
completed the officer's | ||||||
4 | probationary period and is employed on a part-time basis
as a | ||||||
5 | law enforcement officer by a participating unit of local | ||||||
6 | government or as
a campus police officer by a participating | ||||||
7 | State-controlled university, college, or
public community | ||||||
8 | college.
| ||||||
9 | "Law enforcement officer" means (i) any police officer of | ||||||
10 | a local governmental
agency who is primarily responsible for
| ||||||
11 | prevention or detection of crime and the enforcement of the | ||||||
12 | criminal code,
traffic, or highway laws of this State or any | ||||||
13 | political subdivision
of this State or (ii) any member of a | ||||||
14 | police force appointed and maintained as provided in Section 2 | ||||||
15 | of the Railroad Police Act.
| ||||||
16 | "Recruit" means any full-time or part-time law
enforcement | ||||||
17 | officer or
full-time
county corrections officer who is | ||||||
18 | enrolled in an
approved training course.
| ||||||
19 | "Probationary county corrections officer" means a recruit | ||||||
20 | county
corrections officer required to successfully complete | ||||||
21 | initial minimum basic
training requirements at a police | ||||||
22 | training school to be eligible for permanent
employment on a | ||||||
23 | full-time basis as a county corrections officer.
| ||||||
24 | "Permanent county corrections officer" means a county | ||||||
25 | corrections
officer who has completed the officer's | ||||||
26 | probationary period and is permanently employed
on a full-time |
| |||||||
| |||||||
1 | basis as a county corrections officer by a participating
local | ||||||
2 | governmental unit.
| ||||||
3 | "County corrections officer" means any sworn
officer of | ||||||
4 | the sheriff who is primarily responsible for the control and | ||||||
5 | custody
of offenders, detainees or inmates.
| ||||||
6 | "Probationary court security officer" means a recruit | ||||||
7 | court security
officer required to successfully complete | ||||||
8 | initial minimum basic training
requirements at a designated | ||||||
9 | training school to be eligible for employment as a
court | ||||||
10 | security officer.
| ||||||
11 | "Permanent court security officer" means a court security | ||||||
12 | officer who has
completed the officer's probationary period | ||||||
13 | and is employed as a court
security officer by a participating | ||||||
14 | local governmental unit.
| ||||||
15 | "Court security officer" has the meaning ascribed to it in | ||||||
16 | Section 3-6012.1
of the Counties Code.
| ||||||
17 | "Retired law enforcement officer qualified under federal | ||||||
18 | law" 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; |
| |||||||
| |||||||
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 | ||||||
16 | changing 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 | ||||||
21 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
22 | the following:
| ||||||
23 | (1) Peace officers, and any person summoned by a peace | ||||||
24 | officer to
assist in making arrests or preserving the |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
17 | or handgun and the person has been issued a currently valid | ||||||
18 | license under the Firearm Concealed Carry Act at the time of | ||||||
19 | the commission of the offense. | ||||||
20 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
21 | to
or affect a qualified current or retired law enforcement | ||||||
22 | officer qualified under the laws of this State or under the | ||||||
23 | federal Law Enforcement Officers Safety Act. | ||||||
24 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
25 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
26 | (1) Members of any club or organization organized for |
| |||||||
| |||||||
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 | ||||||
17 | of the
following:
| ||||||
18 | (1) Peace officers while in performance of their | ||||||
19 | official duties.
| ||||||
20 | (2) Wardens, superintendents and keepers of prisons, | ||||||
21 | penitentiaries,
jails and other institutions for the | ||||||
22 | detention of persons accused or
convicted of an offense.
| ||||||
23 | (3) Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States
or the Illinois National Guard, while in | ||||||
25 | the performance of their official
duty.
| ||||||
26 | (4) Manufacture, transportation, or sale of machine |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
1 | possession
or carrying of a black-jack or slung-shot by a | ||||||
2 | peace officer.
| ||||||
3 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
4 | manager or
authorized employee of any place specified in that | ||||||
5 | subsection nor to any
law enforcement officer.
| ||||||
6 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
7 | Section 24-1.6
do not apply
to members of any club or | ||||||
8 | organization organized for the purpose of practicing
shooting | ||||||
9 | at targets upon established target ranges, whether public or | ||||||
10 | private,
while using their firearms on those target ranges.
| ||||||
11 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
12 | to:
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | persons licensed
under federal law to manufacture any device | ||||||
6 | or attachment of any kind designed,
used, or intended for use | ||||||
7 | in silencing the report of any firearm, firearms, or
| ||||||
8 | ammunition
for those firearms equipped with those devices, and | ||||||
9 | actually engaged in the
business of manufacturing those | ||||||
10 | devices, firearms, or ammunition, but only with
respect to
| ||||||
11 | activities that are within the lawful scope of that business, | ||||||
12 | such as the
manufacture, transportation, or testing of those | ||||||
13 | devices, firearms, or
ammunition. This
exemption does not | ||||||
14 | authorize the general private possession of any device or
| ||||||
15 | attachment of any kind designed, used, or intended for use in | ||||||
16 | silencing the
report of any firearm, but only such possession | ||||||
17 | and activities as are within
the
lawful scope of a licensed | ||||||
18 | manufacturing business described in this subsection
(g-5). | ||||||
19 | During transportation, these devices shall be detached from | ||||||
20 | any weapon
or
not immediately accessible.
| ||||||
21 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
22 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
23 | supervisor who meets the qualifications and conditions | ||||||
24 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
25 | Corrections. | ||||||
26 | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
| |||||||
| |||||||
1 | officer while serving as a member of a tactical response team | ||||||
2 | or special operations team. A peace officer may not personally | ||||||
3 | own or apply for ownership of a device or attachment of any | ||||||
4 | kind designed, used, or intended for use in silencing the | ||||||
5 | report of any firearm. These devices shall be owned and | ||||||
6 | maintained by lawfully recognized units of government whose | ||||||
7 | duties include the investigation of criminal acts. | ||||||
8 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
9 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
10 | athlete's possession, transport on official Olympic and | ||||||
11 | Paralympic transit systems established for athletes, or use of | ||||||
12 | competition firearms sanctioned by the International Olympic | ||||||
13 | Committee, the International Paralympic Committee, the | ||||||
14 | International Shooting Sport Federation, or USA Shooting in | ||||||
15 | connection with such athlete's training for and participation | ||||||
16 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
17 | Games and sanctioned test events leading up to the 2016 | ||||||
18 | Olympic and Paralympic Games. | ||||||
19 | (h) An information or indictment based upon a violation of | ||||||
20 | any
subsection of this Article need not negative any | ||||||
21 | exemptions contained in
this Article. The defendant shall have | ||||||
22 | the burden of proving such an
exemption.
| ||||||
23 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
24 | affect
the transportation, carrying, or possession, of any | ||||||
25 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
26 | consigned to a common carrier operating
under license of the |
| |||||||
| |||||||
1 | State of Illinois or the federal government, where
such | ||||||
2 | transportation, carrying, or possession is incident to the | ||||||
3 | lawful
transportation in which such common carrier is engaged; | ||||||
4 | and nothing in this
Article shall prohibit, apply to, or | ||||||
5 | affect the transportation, carrying,
or possession of any | ||||||
6 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
7 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
8 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
9 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
10 | other container, by the possessor of a valid
Firearm Owners | ||||||
11 | Identification 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 | ||||||
16 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
17 | the 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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
10 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
11 | or handgun and the person has been issued a currently valid | ||||||
12 | license under the Firearm Concealed Carry Act at the time of | ||||||
13 | the commission of the offense. | ||||||
14 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
15 | to
or affect a qualified current or retired law enforcement | ||||||
16 | officer qualified under the laws of this State or under the | ||||||
17 | federal Law Enforcement Officers Safety Act. | ||||||
18 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
19 | 24-1.6 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 |
| |||||||
| |||||||
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 | ||||||
11 | of 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
21 | possession
or carrying of a black-jack or slung-shot by a | ||||||
22 | peace officer.
| ||||||
23 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
24 | manager or
authorized employee of any place specified in that | ||||||
25 | subsection nor to any
law enforcement officer.
| ||||||
26 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| |||||||
| |||||||
1 | Section 24-1.6
do not apply
to members of any club or | ||||||
2 | organization organized for the purpose of practicing
shooting | ||||||
3 | at targets upon established target ranges, whether public or | ||||||
4 | private,
while using their firearms on those target ranges.
| ||||||
5 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
6 | to:
| ||||||
7 | (1) Members of the Armed Services or Reserve Forces of | ||||||
8 | the United
States or the Illinois National Guard, while in | ||||||
9 | the performance of their
official duty.
| ||||||
10 | (2) Bonafide collectors of antique or surplus military | ||||||
11 | 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 | ||||||
25 | persons licensed
under federal law to manufacture any device | ||||||
26 | or attachment of any kind designed,
used, or intended for use |
| |||||||
| |||||||
1 | in silencing the report of any firearm, firearms, or
| ||||||
2 | ammunition
for those firearms equipped with those devices, and | ||||||
3 | actually engaged in the
business of manufacturing those | ||||||
4 | devices, firearms, or ammunition, but only with
respect to
| ||||||
5 | activities that are within the lawful scope of that business, | ||||||
6 | such as the
manufacture, transportation, or testing of those | ||||||
7 | devices, firearms, or
ammunition. This
exemption does not | ||||||
8 | authorize the general private possession of any device or
| ||||||
9 | attachment of any kind designed, used, or intended for use in | ||||||
10 | silencing the
report of any firearm, but only such possession | ||||||
11 | and activities as are within
the
lawful scope of a licensed | ||||||
12 | manufacturing business described in this subsection
(g-5). | ||||||
13 | During transportation, these devices shall be detached from | ||||||
14 | any weapon
or
not immediately accessible.
| ||||||
15 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
16 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
17 | supervisor who meets the qualifications and conditions | ||||||
18 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
19 | Corrections. | ||||||
20 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
21 | officer while serving as a member of a tactical response team | ||||||
22 | or special operations team. A peace officer may not personally | ||||||
23 | own or apply for ownership of a device or attachment of any | ||||||
24 | kind designed, used, or intended for use in silencing the | ||||||
25 | report of any firearm. These devices shall be owned and | ||||||
26 | maintained by lawfully recognized units of government whose |
| |||||||
| |||||||
1 | duties include the investigation of criminal acts. | ||||||
2 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
3 | 24-1.6 do not apply to or affect any currently employed or
| ||||||
4 | qualified retired State correctional officer who meets the
| ||||||
5 | qualifications and conditions prescribed in Section 3-2-14 of | ||||||
6 | the Unified Code of Corrections. | ||||||
7 | (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
8 | 24-1.6 do not apply to or affect any currently employed or | ||||||
9 | qualified retired county correctional officer who meets the | ||||||
10 | qualifications and conditions prescribed in Section 26.1 of | ||||||
11 | the
County Jail Act. | ||||||
12 | (g-10) (Blank). | ||||||
13 | (h) An information or indictment based upon a violation of | ||||||
14 | any
subsection of this Article need not negative any | ||||||
15 | exemptions contained in
this Article. The defendant shall have | ||||||
16 | the burden of proving such an
exemption.
| ||||||
17 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
18 | affect
the transportation, carrying, or possession, of any | ||||||
19 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
20 | consigned to a common carrier operating
under license of the | ||||||
21 | State of Illinois or the federal government, where
such | ||||||
22 | transportation, carrying, or possession is incident to the | ||||||
23 | lawful
transportation in which such common carrier is engaged; | ||||||
24 | and nothing in this
Article shall prohibit, apply to, or | ||||||
25 | affect the transportation, carrying,
or possession of any | ||||||
26 | pistol, revolver, stun gun, taser, or other firearm,
not the |
| |||||||
| |||||||
1 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
2 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
3 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
4 | other container, by the possessor of a valid
Firearm Owners | ||||||
5 | Identification 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 | ||||||
8 | adding Section 3-2-14 as follows: | ||||||
9 | (730 ILCS 5/3-2-14 new) | ||||||
10 | Sec. 3-2-14. State correctional officers; off-duty | ||||||
11 | firearms. | ||||||
12 | (a) In this Section, "State correctional
officer" means an | ||||||
13 | employee of the Department of Corrections who has custody and | ||||||
14 | control over inmates in an adult correctional facility. | ||||||
15 | (b) In this Section, "qualified retired State correctional | ||||||
16 | officer" 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; |
| |||||||
| |||||||
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 | ||||||
21 | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not | ||||||
22 | apply to currently
employed or qualified retired State | ||||||
23 | correctional 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | Section 26.1 as follows: | ||||||
8 | (730 ILCS 125/26.1 new) | ||||||
9 | Sec. 26.1. County correctional officers; off-duty | ||||||
10 | firearms. | ||||||
11 | (a) In this Section, "county correctional officer" means | ||||||
12 | an employee of a county sheriff's office within this State who | ||||||
13 | has custody and control over adult inmates in a county jail. | ||||||
14 | (b) In this Section, "qualified retired county | ||||||
15 | correctional officer" means a former county correctional | ||||||
16 | officer 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; |
| |||||||
| |||||||
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 | ||||||
22 | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not | ||||||
23 | apply to currently
employed or qualified retired county | ||||||
24 | correctional 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | changes in a statute that is represented in this Act by text | ||||||
10 | that is not yet or no longer in effect (for example, a Section | ||||||
11 | represented by multiple versions), the use of that text does | ||||||
12 | not accelerate or delay the taking effect of (i) the changes | ||||||
13 | made by this Act or (ii) provisions derived from any other | ||||||
14 | Public Act. | ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|