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1 | AN ACT concerning correctional officers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||
5 | changing Section 24-2 as follows:
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6 | (720 ILCS 5/24-2)
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7 | (Text of Section before amendment by P.A. 102-152 )
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8 | Sec. 24-2. Exemptions.
| |||||||||||||||||||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | |||||||||||||||||||||||
10 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | |||||||||||||||||||||||
11 | the following:
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12 | (1) Peace officers, and any person summoned by a peace | |||||||||||||||||||||||
13 | officer to
assist in making arrests or preserving the | |||||||||||||||||||||||
14 | peace, while actually engaged in
assisting such officer.
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15 | (2) Wardens, superintendents and keepers of prisons,
| |||||||||||||||||||||||
16 | penitentiaries, jails and other institutions for the | |||||||||||||||||||||||
17 | detention of persons
accused or convicted of an offense, | |||||||||||||||||||||||
18 | while in the performance of their
official duty, or while | |||||||||||||||||||||||
19 | commuting between their homes and places of employment.
| |||||||||||||||||||||||
20 | (3) Members of the Armed Services or Reserve Forces of | |||||||||||||||||||||||
21 | the United States
or the Illinois National Guard or the | |||||||||||||||||||||||
22 | Reserve Officers Training Corps,
while in the performance | |||||||||||||||||||||||
23 | of their official duty.
|
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| |||||||
1 | (4) Special agents employed by a railroad or a public | ||||||
2 | utility to
perform police functions, and guards of armored | ||||||
3 | car companies, while
actually engaged in the performance | ||||||
4 | of the duties of their employment or
commuting between | ||||||
5 | their homes and places of employment; and watchmen
while | ||||||
6 | actually engaged in the performance of the duties of their | ||||||
7 | employment.
| ||||||
8 | (5) Persons licensed as private security contractors, | ||||||
9 | private
detectives, or private alarm contractors, or | ||||||
10 | employed by a private security contractor, private | ||||||
11 | detective, or private alarm contractor agency licensed
by | ||||||
12 | the Department of Financial and Professional Regulation, | ||||||
13 | if their duties
include the carrying of a weapon under the | ||||||
14 | provisions of the Private
Detective, Private Alarm,
| ||||||
15 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
16 | 2004,
while actually
engaged in the performance of the | ||||||
17 | duties of their employment or commuting
between their | ||||||
18 | homes and places of employment. A person shall be | ||||||
19 | considered eligible for this
exemption if he or she has | ||||||
20 | completed the required 20
hours of training for a private | ||||||
21 | security contractor, private
detective, or private alarm | ||||||
22 | contractor, or employee of a licensed private security | ||||||
23 | contractor, private detective, or private alarm contractor | ||||||
24 | agency and 20 hours of required firearm
training, and has | ||||||
25 | been issued a firearm control card by
the Department of | ||||||
26 | Financial and Professional Regulation. Conditions for the |
| |||||||
| |||||||
1 | renewal of
firearm control cards issued under the | ||||||
2 | provisions of this Section
shall be the same as for those | ||||||
3 | cards issued under the provisions of the
Private | ||||||
4 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
5 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
6 | card shall be carried by the private security contractor, | ||||||
7 | private
detective, or private alarm contractor, or | ||||||
8 | employee of the licensed private security contractor, | ||||||
9 | private detective, or private alarm contractor agency at | ||||||
10 | all
times when he or she is in possession of a concealable | ||||||
11 | weapon permitted by his or her firearm control card.
| ||||||
12 | (6) Any person regularly employed in a commercial or | ||||||
13 | industrial
operation as a security guard for the | ||||||
14 | protection of persons employed
and private property | ||||||
15 | related to such commercial or industrial
operation, while | ||||||
16 | actually engaged in the performance of his or her
duty or | ||||||
17 | traveling between sites or properties belonging to the
| ||||||
18 | employer, and who, as a security guard, is a member of a | ||||||
19 | security force registered with the Department of Financial | ||||||
20 | and Professional
Regulation; provided that such security | ||||||
21 | guard has successfully completed a
course of study, | ||||||
22 | approved by and supervised by the Department of
Financial | ||||||
23 | and Professional Regulation, consisting of not less than | ||||||
24 | 40 hours of training
that includes the theory of law | ||||||
25 | enforcement, liability for acts, and the
handling of | ||||||
26 | weapons. A person shall be considered eligible for this
|
| |||||||
| |||||||
1 | exemption if he or she has completed the required 20
hours | ||||||
2 | of training for a security officer and 20 hours of | ||||||
3 | required firearm
training, and has been issued a firearm | ||||||
4 | control card by
the Department of Financial and | ||||||
5 | Professional Regulation. Conditions for the renewal of
| ||||||
6 | firearm control cards issued under the provisions of this | ||||||
7 | Section
shall be the same as for those cards issued under | ||||||
8 | the provisions of the
Private Detective, Private Alarm,
| ||||||
9 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
10 | 2004. The
firearm control card shall be carried by the | ||||||
11 | security guard at all
times when he or she is in possession | ||||||
12 | of a concealable weapon permitted by his or her firearm | ||||||
13 | control card.
| ||||||
14 | (7) Agents and investigators of the Illinois | ||||||
15 | Legislative Investigating
Commission authorized by the | ||||||
16 | Commission to carry the weapons specified in
subsections | ||||||
17 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
18 | any investigation for the Commission.
| ||||||
19 | (8) Persons employed by a financial institution as a | ||||||
20 | security guard for the protection of
other employees and | ||||||
21 | property related to such financial institution, while
| ||||||
22 | actually engaged in the performance of their duties, | ||||||
23 | commuting between
their homes and places of employment, or | ||||||
24 | traveling between sites or
properties owned or operated by | ||||||
25 | such financial institution, and who, as a security guard, | ||||||
26 | is a member of a security force registered with the |
| |||||||
| |||||||
1 | Department; provided that
any person so employed has | ||||||
2 | successfully completed a course of study,
approved by and | ||||||
3 | supervised by the Department of Financial and Professional | ||||||
4 | Regulation,
consisting of not less than 40 hours of | ||||||
5 | training which includes theory of
law enforcement, | ||||||
6 | liability for acts, and the handling of weapons.
A person | ||||||
7 | shall be considered to be eligible for this exemption if | ||||||
8 | he or
she has completed the required 20 hours of training | ||||||
9 | for a security officer
and 20 hours of required firearm | ||||||
10 | training, and has been issued a
firearm control card by | ||||||
11 | the Department of Financial and Professional Regulation.
| ||||||
12 | Conditions for renewal of firearm control cards issued | ||||||
13 | under the
provisions of this Section shall be the same as | ||||||
14 | for those issued under the
provisions of the Private | ||||||
15 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
16 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
17 | card shall be carried by the security guard at all times | ||||||
18 | when he or she is in possession of a concealable
weapon | ||||||
19 | permitted by his or her firearm control card. For purposes | ||||||
20 | of this subsection, "financial institution" means a
bank, | ||||||
21 | savings and loan association, credit union or company | ||||||
22 | providing
armored car services.
| ||||||
23 | (9) Any person employed by an armored car company to | ||||||
24 | drive an armored
car, while actually engaged in the | ||||||
25 | performance of his duties.
| ||||||
26 | (10) Persons who have been classified as peace |
| |||||||
| |||||||
1 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
2 | Act.
| ||||||
3 | (11) Investigators of the Office of the State's | ||||||
4 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
5 | governors of the Office of the
State's Attorneys Appellate | ||||||
6 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
7 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
8 | (12) Special investigators appointed by a State's | ||||||
9 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
10 | (12.5) Probation officers while in the performance of | ||||||
11 | their duties, or
while commuting between their homes, | ||||||
12 | places of employment or specific locations
that are part | ||||||
13 | of their assigned duties, with the consent of the chief | ||||||
14 | judge of
the circuit for which they are employed, if they | ||||||
15 | have received weapons training according
to requirements | ||||||
16 | of the Peace Officer and Probation Officer Firearm | ||||||
17 | Training Act.
| ||||||
18 | (13) Court Security Officers while in the performance | ||||||
19 | of their official
duties, or while commuting between their | ||||||
20 | homes and places of employment, with
the
consent of the | ||||||
21 | Sheriff.
| ||||||
22 | (13.5) A person employed as an armed security guard at | ||||||
23 | a nuclear energy,
storage, weapons or development site or | ||||||
24 | facility regulated by the Nuclear
Regulatory Commission | ||||||
25 | who has completed the background screening and training
| ||||||
26 | mandated by the rules and regulations of the Nuclear |
| |||||||
| |||||||
1 | Regulatory Commission.
| ||||||
2 | (14) Manufacture, transportation, or sale of weapons | ||||||
3 | to
persons
authorized under subdivisions (1) through | ||||||
4 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
5 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
6 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
7 | or handgun and the person has been issued a currently valid | ||||||
8 | license under the Firearm Concealed Carry Act at the time of | ||||||
9 | the commission of the offense. | ||||||
10 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
11 | to
or affect a qualified current or retired law enforcement | ||||||
12 | officer qualified under the laws of this State or under the | ||||||
13 | federal Law Enforcement Officers Safety Act. | ||||||
14 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
15 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
16 | (1) Members of any club or organization organized for | ||||||
17 | the purpose of
practicing shooting at targets upon | ||||||
18 | established target ranges, whether
public or private, and | ||||||
19 | patrons of such ranges, while such members
or patrons are | ||||||
20 | using their firearms on those target ranges.
| ||||||
21 | (2) Duly authorized military or civil organizations | ||||||
22 | while parading,
with the special permission of the | ||||||
23 | Governor.
| ||||||
24 | (3) Hunters, trappers or fishermen with a license or
| ||||||
25 | permit while engaged in hunting,
trapping or fishing.
| ||||||
26 | (4) Transportation of weapons that are broken down in |
| |||||||
| |||||||
1 | a
non-functioning state or are not immediately accessible.
| ||||||
2 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
3 | gun or taser or other firearm on the land or in the legal | ||||||
4 | dwelling of another person as an invitee with that | ||||||
5 | person's permission. | ||||||
6 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
7 | of the
following:
| ||||||
8 | (1) Peace officers while in performance of their | ||||||
9 | official duties.
| ||||||
10 | (2) Wardens, superintendents and keepers of prisons, | ||||||
11 | penitentiaries,
jails and other institutions for the | ||||||
12 | detention of persons accused or
convicted of an offense.
| ||||||
13 | (3) 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 | (4) Manufacture, transportation, or sale of machine | ||||||
17 | guns to persons
authorized under subdivisions (1) through | ||||||
18 | (3) of this subsection to
possess machine guns, if the | ||||||
19 | machine guns are broken down in a
non-functioning state or | ||||||
20 | are not immediately accessible.
| ||||||
21 | (5) Persons licensed under federal law to manufacture | ||||||
22 | any weapon from
which 8 or more shots or bullets can be | ||||||
23 | discharged by a
single function of the firing device, or | ||||||
24 | ammunition for such weapons, and
actually engaged in the | ||||||
25 | business of manufacturing such weapons or
ammunition, but | ||||||
26 | only with respect to activities which are within the |
| |||||||
| |||||||
1 | lawful
scope of such business, such as the manufacture, | ||||||
2 | transportation, or testing
of such weapons or ammunition. | ||||||
3 | This exemption does not authorize the
general private | ||||||
4 | possession of any weapon from which 8 or more
shots or | ||||||
5 | bullets can be discharged by a single function of the | ||||||
6 | firing
device, but only such possession and activities as | ||||||
7 | are within the lawful
scope of a licensed manufacturing | ||||||
8 | business described in this paragraph.
| ||||||
9 | During transportation, such weapons shall be broken | ||||||
10 | down in a
non-functioning state or not immediately | ||||||
11 | accessible.
| ||||||
12 | (6) The manufacture, transport, testing, delivery, | ||||||
13 | transfer or sale,
and all lawful commercial or | ||||||
14 | experimental activities necessary thereto, of
rifles, | ||||||
15 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
16 | ammunition for such rifles, shotguns or weapons, where | ||||||
17 | engaged in
by a person operating as a contractor or | ||||||
18 | subcontractor pursuant to a
contract or subcontract for | ||||||
19 | the development and supply of such rifles,
shotguns, | ||||||
20 | weapons or ammunition to the United States government or | ||||||
21 | any
branch of the Armed Forces of the United States, when | ||||||
22 | such activities are
necessary and incident to fulfilling | ||||||
23 | the terms of such contract.
| ||||||
24 | The exemption granted under this subdivision (c)(6)
| ||||||
25 | shall also apply to any authorized agent of any such | ||||||
26 | contractor or
subcontractor who is operating within the |
| |||||||
| |||||||
1 | scope of his employment, where
such activities involving | ||||||
2 | such weapon, weapons or ammunition are necessary
and | ||||||
3 | incident to fulfilling the terms of such contract.
| ||||||
4 | (7) A person possessing a rifle with a barrel or | ||||||
5 | barrels less than 16 inches in length if: (A) the person | ||||||
6 | has been issued a Curios and Relics license from the U.S. | ||||||
7 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
8 | (B) the person is an active member of a bona fide, | ||||||
9 | nationally recognized military re-enacting group and the | ||||||
10 | modification is required and necessary to accurately | ||||||
11 | portray the weapon for historical re-enactment purposes; | ||||||
12 | the re-enactor is in possession of a valid and current | ||||||
13 | re-enacting group membership credential; and the overall | ||||||
14 | length of the weapon as modified is not less than 26 | ||||||
15 | inches. | ||||||
16 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
17 | possession
or carrying of a black-jack or slung-shot by a | ||||||
18 | peace officer.
| ||||||
19 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
20 | manager or
authorized employee of any place specified in that | ||||||
21 | subsection nor to any
law enforcement officer.
| ||||||
22 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
23 | Section 24-1.6
do not apply
to members of any club or | ||||||
24 | organization organized for the purpose of practicing
shooting | ||||||
25 | at targets upon established target ranges, whether public or | ||||||
26 | private,
while using their firearms on those target ranges.
|
| |||||||
| |||||||
1 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
2 | to:
| ||||||
3 | (1) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United
States or the Illinois National Guard, while in | ||||||
5 | the performance of their
official duty.
| ||||||
6 | (2) Bonafide collectors of antique or surplus military | ||||||
7 | ordnance.
| ||||||
8 | (3) Laboratories having a department of forensic | ||||||
9 | ballistics, or
specializing in the development of | ||||||
10 | ammunition or explosive ordnance.
| ||||||
11 | (4) Commerce, preparation, assembly or possession of | ||||||
12 | explosive
bullets by manufacturers of ammunition licensed | ||||||
13 | by the federal government,
in connection with the supply | ||||||
14 | of those organizations and persons exempted
by subdivision | ||||||
15 | (g)(1) of this Section, or like organizations and persons
| ||||||
16 | outside this State, or the transportation of explosive | ||||||
17 | bullets to any
organization or person exempted in this | ||||||
18 | Section by a common carrier or by a
vehicle owned or leased | ||||||
19 | by an exempted manufacturer.
| ||||||
20 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
21 | persons licensed
under federal law to manufacture any device | ||||||
22 | or attachment of any kind designed,
used, or intended for use | ||||||
23 | in silencing the report of any firearm, firearms, or
| ||||||
24 | ammunition
for those firearms equipped with those devices, and | ||||||
25 | actually engaged in the
business of manufacturing those | ||||||
26 | devices, firearms, or ammunition, but only with
respect to
|
| |||||||
| |||||||
1 | activities that are within the lawful scope of that business, | ||||||
2 | such as the
manufacture, transportation, or testing of those | ||||||
3 | devices, firearms, or
ammunition. This
exemption does not | ||||||
4 | authorize the general private possession of any device or
| ||||||
5 | attachment of any kind designed, used, or intended for use in | ||||||
6 | silencing the
report of any firearm, but only such possession | ||||||
7 | and activities as are within
the
lawful scope of a licensed | ||||||
8 | manufacturing business described in this subsection
(g-5). | ||||||
9 | During transportation, these devices shall be detached from | ||||||
10 | any weapon
or
not immediately accessible.
| ||||||
11 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
12 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
13 | supervisor who meets the qualifications and conditions | ||||||
14 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
15 | Corrections. | ||||||
16 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
17 | officer while serving as a member of a tactical response team | ||||||
18 | or special operations team. A peace officer may not personally | ||||||
19 | own or apply for ownership of a device or attachment of any | ||||||
20 | kind designed, used, or intended for use in silencing the | ||||||
21 | report of any firearm. These devices shall be owned and | ||||||
22 | maintained by lawfully recognized units of government whose | ||||||
23 | duties include the investigation of criminal acts. | ||||||
24 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
25 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
26 | athlete's possession, transport on official Olympic and |
| |||||||
| |||||||
1 | Paralympic transit systems established for athletes, or use of | ||||||
2 | competition firearms sanctioned by the International Olympic | ||||||
3 | Committee, the International Paralympic Committee, the | ||||||
4 | International Shooting Sport Federation, or USA Shooting in | ||||||
5 | connection with such athlete's training for and participation | ||||||
6 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
7 | Games and sanctioned test events leading up to the 2016 | ||||||
8 | Olympic and Paralympic Games. | ||||||
9 | (h) An information or indictment based upon a violation of | ||||||
10 | any
subsection of this Article need not negative any | ||||||
11 | exemptions contained in
this Article. The defendant shall have | ||||||
12 | the burden of proving such an
exemption.
| ||||||
13 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
14 | affect
the transportation, carrying, or possession, of any | ||||||
15 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
16 | consigned to a common carrier operating
under license of the | ||||||
17 | State of Illinois or the federal government, where
such | ||||||
18 | transportation, carrying, or possession is incident to the | ||||||
19 | lawful
transportation in which such common carrier is engaged; | ||||||
20 | and nothing in this
Article shall prohibit, apply to, or | ||||||
21 | affect the transportation, carrying,
or possession of any | ||||||
22 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
23 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
24 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
25 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
26 | other container, by the possessor of a valid
Firearm Owners |
| |||||||
| |||||||
1 | Identification Card.
| ||||||
2 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.) | ||||||
3 | (Text of Section after amendment by P.A. 102-152 )
| ||||||
4 | Sec. 24-2. Exemptions.
| ||||||
5 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
6 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
7 | the following:
| ||||||
8 | (1) Peace officers, and any person summoned by a peace | ||||||
9 | officer to
assist in making arrests or preserving the | ||||||
10 | peace, while actually engaged in
assisting such officer.
| ||||||
11 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
12 | penitentiaries, jails and other institutions for the | ||||||
13 | detention of persons
accused or convicted of an offense, | ||||||
14 | while in the performance of their
official duty, or while | ||||||
15 | commuting between their homes and places of employment.
| ||||||
16 | (3) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States
or the Illinois National Guard or the | ||||||
18 | Reserve Officers Training Corps,
while in the performance | ||||||
19 | of their official duty.
| ||||||
20 | (4) Special agents employed by a railroad or a public | ||||||
21 | utility to
perform police functions, and guards of armored | ||||||
22 | car companies, while
actually engaged in the performance | ||||||
23 | of the duties of their employment or
commuting between | ||||||
24 | their homes and places of employment; and watchmen
while | ||||||
25 | actually engaged in the performance of the duties of their |
| |||||||
| |||||||
1 | employment.
| ||||||
2 | (5) Persons licensed as private security contractors, | ||||||
3 | private
detectives, or private alarm contractors, or | ||||||
4 | employed by a private security contractor, private | ||||||
5 | detective, or private alarm contractor agency licensed
by | ||||||
6 | the Department of Financial and Professional Regulation, | ||||||
7 | if their duties
include the carrying of a weapon under the | ||||||
8 | provisions of the Private
Detective, Private Alarm,
| ||||||
9 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
10 | 2004,
while actually
engaged in the performance of the | ||||||
11 | duties of their employment or commuting
between their | ||||||
12 | homes and places of employment. A person shall be | ||||||
13 | considered eligible for this
exemption if he or she has | ||||||
14 | completed the required 20
hours of training for a private | ||||||
15 | security contractor, private
detective, or private alarm | ||||||
16 | contractor, or employee of a licensed private security | ||||||
17 | contractor, private detective, or private alarm contractor | ||||||
18 | agency and 28 hours of required firearm
training, and has | ||||||
19 | been issued a firearm control card by
the Department of | ||||||
20 | Financial and Professional Regulation. Conditions for the | ||||||
21 | renewal of
firearm control cards issued under the | ||||||
22 | provisions of this Section
shall be the same as for those | ||||||
23 | cards issued under the provisions of the
Private | ||||||
24 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
25 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
26 | card shall be carried by the private security contractor, |
| |||||||
| |||||||
1 | private
detective, or private alarm contractor, or | ||||||
2 | employee of the licensed private security contractor, | ||||||
3 | private detective, or private alarm contractor agency at | ||||||
4 | all
times when he or she is in possession of a concealable | ||||||
5 | weapon permitted by his or her firearm control card.
| ||||||
6 | (6) Any person regularly employed in a commercial or | ||||||
7 | industrial
operation as a security guard for the | ||||||
8 | protection of persons employed
and private property | ||||||
9 | related to such commercial or industrial
operation, while | ||||||
10 | actually engaged in the performance of his or her
duty or | ||||||
11 | traveling between sites or properties belonging to the
| ||||||
12 | employer, and who, as a security guard, is a member of a | ||||||
13 | security force registered with the Department of Financial | ||||||
14 | and Professional
Regulation; provided that such security | ||||||
15 | guard has successfully completed a
course of study, | ||||||
16 | approved by and supervised by the Department of
Financial | ||||||
17 | and Professional Regulation, consisting of not less than | ||||||
18 | 48 hours of training
that includes the theory of law | ||||||
19 | enforcement, liability for acts, and the
handling of | ||||||
20 | weapons. A person shall be considered eligible for this
| ||||||
21 | exemption if he or she has completed the required 20
hours | ||||||
22 | of training for a security officer and 28 hours of | ||||||
23 | required firearm
training, and has been issued a firearm | ||||||
24 | control card by
the Department of Financial and | ||||||
25 | Professional Regulation. Conditions for the renewal of
| ||||||
26 | firearm control cards issued under the provisions of this |
| |||||||
| |||||||
1 | Section
shall be the same as for those cards issued under | ||||||
2 | the provisions of the
Private Detective, Private Alarm,
| ||||||
3 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
4 | 2004. The
firearm control card shall be carried by the | ||||||
5 | security guard at all
times when he or she is in possession | ||||||
6 | of a concealable weapon permitted by his or her firearm | ||||||
7 | control card.
| ||||||
8 | (7) Agents and investigators of the Illinois | ||||||
9 | Legislative Investigating
Commission authorized by the | ||||||
10 | Commission to carry the weapons specified in
subsections | ||||||
11 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
12 | any investigation for the Commission.
| ||||||
13 | (8) Persons employed by a financial institution as a | ||||||
14 | security guard for the protection of
other employees and | ||||||
15 | property related to such financial institution, while
| ||||||
16 | actually engaged in the performance of their duties, | ||||||
17 | commuting between
their homes and places of employment, or | ||||||
18 | traveling between sites or
properties owned or operated by | ||||||
19 | such financial institution, and who, as a security guard, | ||||||
20 | is a member of a security force registered with the | ||||||
21 | Department; provided that
any person so employed has | ||||||
22 | successfully completed a course of study,
approved by and | ||||||
23 | supervised by the Department of Financial and Professional | ||||||
24 | Regulation,
consisting of not less than 48 hours of | ||||||
25 | training which includes theory of
law enforcement, | ||||||
26 | liability for acts, and the handling of weapons.
A person |
| |||||||
| |||||||
1 | shall be considered to be eligible for this exemption if | ||||||
2 | he or
she has completed the required 20 hours of training | ||||||
3 | for a security officer
and 28 hours of required firearm | ||||||
4 | training, and has been issued a
firearm control card by | ||||||
5 | the Department of Financial and Professional Regulation.
| ||||||
6 | Conditions for renewal of firearm control cards issued | ||||||
7 | under the
provisions of this Section shall be the same as | ||||||
8 | for those issued under the
provisions of the Private | ||||||
9 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
10 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
11 | card shall be carried by the security guard at all times | ||||||
12 | when he or she is in possession of a concealable
weapon | ||||||
13 | permitted by his or her firearm control card. For purposes | ||||||
14 | of this subsection, "financial institution" means a
bank, | ||||||
15 | savings and loan association, credit union or company | ||||||
16 | providing
armored car services.
| ||||||
17 | (9) Any person employed by an armored car company to | ||||||
18 | drive an armored
car, while actually engaged in the | ||||||
19 | performance of his duties.
| ||||||
20 | (10) Persons who have been classified as peace | ||||||
21 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
22 | Act.
| ||||||
23 | (11) Investigators of the Office of the State's | ||||||
24 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
25 | governors of the Office of the
State's Attorneys Appellate | ||||||
26 | Prosecutor to carry weapons pursuant to
Section 7.06 of |
| |||||||
| |||||||
1 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
2 | (12) Special investigators appointed by a State's | ||||||
3 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
4 | (12.5) Probation officers while in the performance of | ||||||
5 | their duties, or
while commuting between their homes, | ||||||
6 | places of employment or specific locations
that are part | ||||||
7 | of their assigned duties, with the consent of the chief | ||||||
8 | judge of
the circuit for which they are employed, if they | ||||||
9 | have received weapons training according
to requirements | ||||||
10 | of the Peace Officer and Probation Officer Firearm | ||||||
11 | Training Act.
| ||||||
12 | (13) Court Security Officers while in the performance | ||||||
13 | of their official
duties, or while commuting between their | ||||||
14 | homes and places of employment, with
the
consent of the | ||||||
15 | Sheriff.
| ||||||
16 | (13.5) A person employed as an armed security guard at | ||||||
17 | a nuclear energy,
storage, weapons or development site or | ||||||
18 | facility regulated by the Nuclear
Regulatory Commission | ||||||
19 | who has completed the background screening and training
| ||||||
20 | mandated by the rules and regulations of the Nuclear | ||||||
21 | Regulatory Commission.
| ||||||
22 | (14) Manufacture, transportation, or sale of weapons | ||||||
23 | to
persons
authorized under subdivisions (1) through | ||||||
24 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
25 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
26 | to
or affect any person carrying a concealed pistol, revolver, |
| |||||||
| |||||||
1 | or handgun and the person has been issued a currently valid | ||||||
2 | license under the Firearm Concealed Carry Act at the time of | ||||||
3 | the commission of the offense. | ||||||
4 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
5 | to
or affect a qualified current or retired law enforcement | ||||||
6 | officer qualified under the laws of this State or under the | ||||||
7 | federal Law Enforcement Officers Safety Act. | ||||||
8 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
9 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
10 | (1) Members of any club or organization organized for | ||||||
11 | the purpose of
practicing shooting at targets upon | ||||||
12 | established target ranges, whether
public or private, and | ||||||
13 | patrons of such ranges, while such members
or patrons are | ||||||
14 | using their firearms on those target ranges.
| ||||||
15 | (2) Duly authorized military or civil organizations | ||||||
16 | while parading,
with the special permission of the | ||||||
17 | Governor.
| ||||||
18 | (3) Hunters, trappers or fishermen with a license or
| ||||||
19 | permit while engaged in hunting,
trapping or fishing.
| ||||||
20 | (4) Transportation of weapons that are broken down in | ||||||
21 | a
non-functioning state or are not immediately accessible.
| ||||||
22 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
23 | gun or taser or other firearm on the land or in the legal | ||||||
24 | dwelling of another person as an invitee with that | ||||||
25 | person's permission. | ||||||
26 | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| |||||||
| |||||||
1 | of the
following:
| ||||||
2 | (1) Peace officers while in performance of their | ||||||
3 | official duties.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons, | ||||||
5 | penitentiaries,
jails and other institutions for the | ||||||
6 | detention of persons accused or
convicted of an offense.
| ||||||
7 | (3) 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 | (4) Manufacture, transportation, or sale of machine | ||||||
11 | guns to persons
authorized under subdivisions (1) through | ||||||
12 | (3) of this subsection to
possess machine guns, if the | ||||||
13 | machine guns are broken down in a
non-functioning state or | ||||||
14 | are not immediately accessible.
| ||||||
15 | (5) Persons licensed under federal law to manufacture | ||||||
16 | any weapon from
which 8 or more shots or bullets can be | ||||||
17 | discharged by a
single function of the firing device, or | ||||||
18 | ammunition for such weapons, and
actually engaged in the | ||||||
19 | business of manufacturing such weapons or
ammunition, but | ||||||
20 | only with respect to activities which are within the | ||||||
21 | lawful
scope of such business, such as the manufacture, | ||||||
22 | transportation, or testing
of such weapons or ammunition. | ||||||
23 | This exemption does not authorize the
general private | ||||||
24 | possession of any weapon from which 8 or more
shots or | ||||||
25 | bullets can be discharged by a single function of the | ||||||
26 | firing
device, but only such possession and activities as |
| |||||||
| |||||||
1 | are within the lawful
scope of a licensed manufacturing | ||||||
2 | business described in this paragraph.
| ||||||
3 | During transportation, such weapons shall be broken | ||||||
4 | down in a
non-functioning state or not immediately | ||||||
5 | accessible.
| ||||||
6 | (6) The manufacture, transport, testing, delivery, | ||||||
7 | transfer or sale,
and all lawful commercial or | ||||||
8 | experimental activities necessary thereto, of
rifles, | ||||||
9 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
10 | ammunition for such rifles, shotguns or weapons, where | ||||||
11 | engaged in
by a person operating as a contractor or | ||||||
12 | subcontractor pursuant to a
contract or subcontract for | ||||||
13 | the development and supply of such rifles,
shotguns, | ||||||
14 | weapons or ammunition to the United States government or | ||||||
15 | any
branch of the Armed Forces of the United States, when | ||||||
16 | such activities are
necessary and incident to fulfilling | ||||||
17 | the terms of such contract.
| ||||||
18 | The exemption granted under this subdivision (c)(6)
| ||||||
19 | shall also apply to any authorized agent of any such | ||||||
20 | contractor or
subcontractor who is operating within the | ||||||
21 | scope of his employment, where
such activities involving | ||||||
22 | such weapon, weapons or ammunition are necessary
and | ||||||
23 | incident to fulfilling the terms of such contract.
| ||||||
24 | (7) A person possessing a rifle with a barrel or | ||||||
25 | barrels less than 16 inches in length if: (A) the person | ||||||
26 | has been issued a Curios and Relics license from the U.S. |
| |||||||
| |||||||
1 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
2 | (B) the person is an active member of a bona fide, | ||||||
3 | nationally recognized military re-enacting group and the | ||||||
4 | modification is required and necessary to accurately | ||||||
5 | portray the weapon for historical re-enactment purposes; | ||||||
6 | the re-enactor is in possession of a valid and current | ||||||
7 | re-enacting group membership credential; and the overall | ||||||
8 | length of the weapon as modified is not less than 26 | ||||||
9 | inches. | ||||||
10 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
11 | possession
or carrying of a black-jack or slung-shot by a | ||||||
12 | peace officer.
| ||||||
13 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
14 | manager or
authorized employee of any place specified in that | ||||||
15 | subsection nor to any
law enforcement officer.
| ||||||
16 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
17 | Section 24-1.6
do not apply
to members of any club or | ||||||
18 | organization organized for the purpose of practicing
shooting | ||||||
19 | at targets upon established target ranges, whether public or | ||||||
20 | private,
while using their firearms on those target ranges.
| ||||||
21 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
22 | to:
| ||||||
23 | (1) 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 | (2) Bonafide collectors of antique or surplus military |
| |||||||
| |||||||
1 | ordnance.
| ||||||
2 | (3) Laboratories having a department of forensic | ||||||
3 | ballistics, or
specializing in the development of | ||||||
4 | ammunition or explosive ordnance.
| ||||||
5 | (4) Commerce, preparation, assembly or possession of | ||||||
6 | explosive
bullets by manufacturers of ammunition licensed | ||||||
7 | by the federal government,
in connection with the supply | ||||||
8 | of those organizations and persons exempted
by subdivision | ||||||
9 | (g)(1) of this Section, or like organizations and persons
| ||||||
10 | outside this State, or the transportation of explosive | ||||||
11 | bullets to any
organization or person exempted in this | ||||||
12 | Section by a common carrier or by a
vehicle owned or leased | ||||||
13 | by an exempted manufacturer.
| ||||||
14 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
15 | persons licensed
under federal law to manufacture any device | ||||||
16 | or attachment of any kind designed,
used, or intended for use | ||||||
17 | in silencing the report of any firearm, firearms, or
| ||||||
18 | ammunition
for those firearms equipped with those devices, and | ||||||
19 | actually engaged in the
business of manufacturing those | ||||||
20 | devices, firearms, or ammunition, but only with
respect to
| ||||||
21 | activities that are within the lawful scope of that business, | ||||||
22 | such as the
manufacture, transportation, or testing of those | ||||||
23 | devices, firearms, or
ammunition. This
exemption does not | ||||||
24 | authorize the general private possession of any device or
| ||||||
25 | attachment of any kind designed, used, or intended for use in | ||||||
26 | silencing the
report of any firearm, but only such possession |
| |||||||
| |||||||
1 | and activities as are within
the
lawful scope of a licensed | ||||||
2 | manufacturing business described in this subsection
(g-5). | ||||||
3 | During transportation, these devices shall be detached from | ||||||
4 | any weapon
or
not immediately accessible.
| ||||||
5 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
6 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
7 | supervisor who meets the qualifications and conditions | ||||||
8 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
9 | Corrections. | ||||||
10 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
11 | officer while serving as a member of a tactical response team | ||||||
12 | or special operations team. A peace officer may not personally | ||||||
13 | own or apply for ownership of a device or attachment of any | ||||||
14 | kind designed, used, or intended for use in silencing the | ||||||
15 | report of any firearm. These devices shall be owned and | ||||||
16 | maintained by lawfully recognized units of government whose | ||||||
17 | duties include the investigation of criminal acts. | ||||||
18 | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
19 | 24-1.6 do not apply to
or affect any currently employed or | ||||||
20 | retired: | ||||||
21 | (1) State correctional officer who meets the | ||||||
22 | qualifications and conditions prescribed in Section 3-2-14 | ||||||
23 | of the Unified Code of Corrections; or | ||||||
24 | (2) county correctional officer who meets the | ||||||
25 | qualifications and conditions prescribed in Section 26.1 | ||||||
26 | of the County Jail Act. |
| |||||||
| |||||||
1 | (g-10) (Blank). | ||||||
2 | (h) An information or indictment based upon a violation of | ||||||
3 | any
subsection of this Article need not negative any | ||||||
4 | exemptions contained in
this Article. The defendant shall have | ||||||
5 | the burden of proving such an
exemption.
| ||||||
6 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
7 | affect
the transportation, carrying, or possession, of any | ||||||
8 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
9 | consigned to a common carrier operating
under license of the | ||||||
10 | State of Illinois or the federal government, where
such | ||||||
11 | transportation, carrying, or possession is incident to the | ||||||
12 | lawful
transportation in which such common carrier is engaged; | ||||||
13 | and nothing in this
Article shall prohibit, apply to, or | ||||||
14 | affect the transportation, carrying,
or possession of any | ||||||
15 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
16 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
17 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
18 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
19 | other container, by the possessor of a valid
Firearm Owners | ||||||
20 | Identification Card.
| ||||||
21 | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.) | ||||||
22 | Section 10. The Unified Code of Corrections is amended by | ||||||
23 | adding Section 3-2-14 as follows: | ||||||
24 | (730 ILCS 5/3-2-14 new) |
| |||||||
| |||||||
1 | Sec. 3-2-14. State correctional officers; off-duty | ||||||
2 | firearms. | ||||||
3 | (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
4 | 24-1.6 of the Criminal Code of 2012 do not apply to currently | ||||||
5 | employed or retired State correctional officers who meet the | ||||||
6 | following conditions: | ||||||
7 | (1) The currently employed or retired State | ||||||
8 | correctional officer must be at least 21 years of age and | ||||||
9 | possess a valid Firearm Owner's Identification Card as | ||||||
10 | prescribed in the Firearm Owners Identification Card Act, | ||||||
11 | receive
training in the use of firearms while off duty | ||||||
12 | conducted by the Illinois Law Enforcement Training | ||||||
13 | Standards Board, and be certified as successfully | ||||||
14 | completing the training by the Board. The Board shall | ||||||
15 | determine the amount of the training and the course | ||||||
16 | content for the training. The currently employed or | ||||||
17 | retired State correctional officer shall requalify for the | ||||||
18 | firearms training annually at a State range certified by | ||||||
19 | the Illinois Law Enforcement Training Standards Board. The | ||||||
20 | expenses of the retraining shall be paid by the currently | ||||||
21 | employed or retired State correctional officer and moneys | ||||||
22 | for the costs of the requalification shall be expended at | ||||||
23 | the request of the Illinois Law Enforcement Training | ||||||
24 | Standards Board. | ||||||
25 | (2) The currently employed or retired State | ||||||
26 | correctional officer shall purchase
the firearm at his or |
| |||||||
| |||||||
1 | her own expense and shall register the firearm with the | ||||||
2 | Illinois State Police and with any other local law | ||||||
3 | enforcement agencies that require the registration. | ||||||
4 | (3) The currently employed or retired State | ||||||
5 | correctional officer may not carry
any Illinois Department | ||||||
6 | of Corrections or Department of Juvenile Justice | ||||||
7 | State-issued firearm while off duty. A person who violates | ||||||
8 | this paragraph (3) is subject to disciplinary action by | ||||||
9 | the Illinois Department of Corrections or the Department | ||||||
10 | of Juvenile Justice. | ||||||
11 | (4) State correctional officers who are or were | ||||||
12 | discharged from
employment by the Illinois Department of | ||||||
13 | Corrections or the Department of Juvenile Justice for | ||||||
14 | cause shall no longer be considered law enforcement | ||||||
15 | officials and all their rights as law enforcement | ||||||
16 | officials shall be revoked permanently, unless employed | ||||||
17 | thereafter by the Department of Corrections or the | ||||||
18 | Department of Juvenile Justice. | ||||||
19 | (b) As used in this Section, "State correctional officer" | ||||||
20 | means an employee of the Department of Corrections or the | ||||||
21 | Department of Juvenile Justice who has custody and control | ||||||
22 | over inmates in an adult or juvenile correctional facility. | ||||||
23 | Section 15. The County Jail Act is amended by adding | ||||||
24 | Section 26.1 as follows: |
| |||||||
| |||||||
1 | (730 ILCS 125/26.1 new) | ||||||
2 | Sec. 26.1. County correctional officers; off-duty | ||||||
3 | firearms. | ||||||
4 | (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
5 | 24-1.6 of the Criminal Code of 2012 do not apply to currently | ||||||
6 | employed or retired county correctional officers who meet the | ||||||
7 | following conditions: | ||||||
8 | (1) The currently employed or retired county | ||||||
9 | correctional officer must be at least 21 years of age and | ||||||
10 | possess a valid Firearm Owner's Identification Card as | ||||||
11 | prescribed in the Firearm Owners Identification Card Act, | ||||||
12 | receive
training in the use of firearms while off duty | ||||||
13 | conducted by the Illinois Law Enforcement Training | ||||||
14 | Standards Board, and be certified as successfully | ||||||
15 | completing the training by the Board. The Board shall | ||||||
16 | determine the amount of the training and the course | ||||||
17 | content for the training. The currently employed or | ||||||
18 | retired county correctional officer shall requalify for | ||||||
19 | the firearms training annually at a State range certified | ||||||
20 | by the Illinois Law Enforcement Training Standards Board. | ||||||
21 | The expenses of the retraining shall be paid by the | ||||||
22 | currently employed or retired county correctional officer | ||||||
23 | and moneys for the costs of the requalification shall be | ||||||
24 | expended at the request of the Illinois Law Enforcement | ||||||
25 | Training Standards Board. | ||||||
26 | (2) The currently employed or retired county |
| |||||||
| |||||||
1 | correctional officer shall purchase
the firearm at his or | ||||||
2 | her own expense and shall register the firearm with the | ||||||
3 | Illinois State Police and with any other local law | ||||||
4 | enforcement agencies that require the registration. | ||||||
5 | (3) The currently employed or retired county | ||||||
6 | correctional officer may not carry
any county | ||||||
7 | sheriff-issued firearm while off duty. A person who | ||||||
8 | violates this paragraph (3) is subject to disciplinary | ||||||
9 | action by the county sheriff. | ||||||
10 | (4) County correctional officers who are or were | ||||||
11 | discharged from
employment by a county sheriff for cause | ||||||
12 | shall no longer be considered law enforcement officials | ||||||
13 | and all their rights as law enforcement officials shall be | ||||||
14 | revoked permanently, unless employed thereafter by a | ||||||
15 | county sheriff. | ||||||
16 | (b) As used in this Section, "county correctional officer" | ||||||
17 | means an employee of the county who has custody and control | ||||||
18 | over inmates in a county jail or juvenile detention center.
| ||||||
19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes | ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act.
|