96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2578

 

Introduced 1/21/2010, by Sen. Tim Bivins - J. Bradley Burzynski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2

    Amends the Criminal Code of 1961. Exempts, from provisions prohibiting the sale, manufacture, purchase, possession, or carrying of specified weapons, an active member of a bona fide, nationally recognized military re-enacting group possessing a vintage rifle or modern reproduction thereof with a barrel or barrels less than 16 inches in length if: the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor possesses a valid and current re-enacting group membership credential; the overall length of the weapon as modified is not less than 26 inches; and the vintage rifle or modern reproduction thereof is used only during the historical re-enactment.


LRB096 17108 RLC 32432 b

 

 

A BILL FOR

 

SB2578 LRB096 17108 RLC 32432 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-2 as follows:
 
6     (720 ILCS 5/24-2)
7     Sec. 24-2. Exemptions.
8     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10 the following:
11         (1) Peace officers, and any person summoned by a peace
12     officer to assist in making arrests or preserving the
13     peace, while actually engaged in assisting such officer.
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     while in the performance of their official duty, or while
18     commuting between their homes and places of employment.
19         (3) Members of the Armed Services or Reserve Forces of
20     the United States or the Illinois National Guard or the
21     Reserve Officers Training Corps, while in the performance
22     of their official duty.
23         (4) Special agents employed by a railroad or a public

 

 

SB2578 - 2 - LRB096 17108 RLC 32432 b

1     utility to perform police functions, and guards of armored
2     car companies, while actually engaged in the performance of
3     the duties of their employment or commuting between their
4     homes and places of employment; and watchmen while actually
5     engaged in the performance of the duties of their
6     employment.
7         (5) Persons licensed as private security contractors,
8     private detectives, or private alarm contractors, or
9     employed by an agency certified by the Department of
10     Professional Regulation, if their duties include the
11     carrying of a weapon under the provisions of the Private
12     Detective, Private Alarm, Private Security, Fingerprint
13     Vendor, and Locksmith Act of 2004, while actually engaged
14     in the performance of the duties of their employment or
15     commuting between their homes and places of employment,
16     provided that such commuting is accomplished within one
17     hour from departure from home or place of employment, as
18     the case may be. Persons exempted under this subdivision
19     (a)(5) shall be required to have completed a course of
20     study in firearms handling and training approved and
21     supervised by the Department of Professional Regulation as
22     prescribed by Section 28 of the Private Detective, Private
23     Alarm, Private Security, Fingerprint Vendor, and Locksmith
24     Act of 2004, prior to becoming eligible for this exemption.
25     The Department of Professional Regulation shall provide
26     suitable documentation demonstrating the successful

 

 

SB2578 - 3 - LRB096 17108 RLC 32432 b

1     completion of the prescribed firearms training. Such
2     documentation shall be carried at all times when such
3     persons are in possession of a concealable weapon.
4         (6) Any person regularly employed in a commercial or
5     industrial operation as a security guard for the protection
6     of persons employed and private property related to such
7     commercial or industrial operation, while actually engaged
8     in the performance of his or her duty or traveling between
9     sites or properties belonging to the employer, and who, as
10     a security guard, is a member of a security force of at
11     least 5 persons registered with the Department of
12     Professional Regulation; provided that such security guard
13     has successfully completed a course of study, approved by
14     and supervised by the Department of Professional
15     Regulation, consisting of not less than 40 hours of
16     training that includes the theory of law enforcement,
17     liability for acts, and the handling of weapons. A person
18     shall be considered eligible for this exemption if he or
19     she has completed the required 20 hours of training for a
20     security officer and 20 hours of required firearm training,
21     and has been issued a firearm control card by the
22     Department of Professional Regulation. Conditions for the
23     renewal of firearm control cards issued under the
24     provisions of this Section shall be the same as for those
25     cards issued under the provisions of the Private Detective,
26     Private Alarm, Private Security, Fingerprint Vendor, and

 

 

SB2578 - 4 - LRB096 17108 RLC 32432 b

1     Locksmith Act of 2004. Such firearm control card shall be
2     carried by the security guard at all times when he or she
3     is in possession of a concealable weapon.
4         (7) Agents and investigators of the Illinois
5     Legislative Investigating Commission authorized by the
6     Commission to carry the weapons specified in subsections
7     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8     any investigation for the Commission.
9         (8) Persons employed by a financial institution for the
10     protection of other employees and property related to such
11     financial institution, while actually engaged in the
12     performance of their duties, commuting between their homes
13     and places of employment, or traveling between sites or
14     properties owned or operated by such financial
15     institution, provided that any person so employed has
16     successfully completed a course of study, approved by and
17     supervised by the Department of Professional Regulation,
18     consisting of not less than 40 hours of training which
19     includes theory of law enforcement, liability for acts, and
20     the handling of weapons. A person shall be considered to be
21     eligible for this exemption if he or she has completed the
22     required 20 hours of training for a security officer and 20
23     hours of required firearm training, and has been issued a
24     firearm control card by the Department of Professional
25     Regulation. Conditions for renewal of firearm control
26     cards issued under the provisions of this Section shall be

 

 

SB2578 - 5 - LRB096 17108 RLC 32432 b

1     the same as for those issued under the provisions of the
2     Private Detective, Private Alarm, Private Security,
3     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4     control card shall be carried by the person so trained at
5     all times when such person is in possession of a
6     concealable weapon. For purposes of this subsection,
7     "financial institution" means a bank, savings and loan
8     association, credit union or company providing armored car
9     services.
10         (9) Any person employed by an armored car company to
11     drive an armored car, while actually engaged in the
12     performance of his duties.
13         (10) Persons who have been classified as peace officers
14     pursuant to the Peace Officer Fire Investigation Act.
15         (11) Investigators of the Office of the State's
16     Attorneys Appellate Prosecutor authorized by the board of
17     governors of the Office of the State's Attorneys Appellate
18     Prosecutor to carry weapons pursuant to Section 7.06 of the
19     State's Attorneys Appellate Prosecutor's Act.
20         (12) Special investigators appointed by a State's
21     Attorney under Section 3-9005 of the Counties Code.
22         (12.5) Probation officers while in the performance of
23     their duties, or while commuting between their homes,
24     places of employment or specific locations that are part of
25     their assigned duties, with the consent of the chief judge
26     of the circuit for which they are employed.

 

 

SB2578 - 6 - LRB096 17108 RLC 32432 b

1         (13) Court Security Officers while in the performance
2     of their official duties, or while commuting between their
3     homes and places of employment, with the consent of the
4     Sheriff.
5         (13.5) A person employed as an armed security guard at
6     a nuclear energy, storage, weapons or development site or
7     facility regulated by the Nuclear Regulatory Commission
8     who has completed the background screening and training
9     mandated by the rules and regulations of the Nuclear
10     Regulatory Commission.
11         (14) Manufacture, transportation, or sale of weapons
12     to persons authorized under subdivisions (1) through
13     (13.5) of this subsection to possess those weapons.
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 a

 

 

SB2578 - 7 - LRB096 17108 RLC 32432 b

1     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 person's
5     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 lawful

 

 

SB2578 - 8 - LRB096 17108 RLC 32432 b

1     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 experimental
14     activities necessary thereto, of rifles, shotguns, and
15     weapons made from rifles or shotguns, or ammunition for
16     such rifles, shotguns or weapons, where engaged in by a
17     person operating as a contractor or subcontractor pursuant
18     to a contract or subcontract for the development and supply
19     of such rifles, shotguns, weapons or ammunition to the
20     United States government or any branch of the Armed Forces
21     of the United States, when such activities are necessary
22     and incident to fulfilling the terms of such contract.
23         The exemption granted under this subdivision (c)(6)
24     shall also apply to any authorized agent of any such
25     contractor or subcontractor who is operating within the
26     scope of his employment, where such activities involving

 

 

SB2578 - 9 - LRB096 17108 RLC 32432 b

1     such weapon, weapons or ammunition are necessary and
2     incident to fulfilling the terms of such contract.
3         During transportation, any such weapon shall be broken
4     down in a non-functioning state, or not immediately
5     accessible.
6         (7) An active member of a bona fide, nationally
7     recognized military re-enacting group possessing a vintage
8     rifle or modern reproduction thereof with a barrel or
9     barrels less than 16 inches in length if: the modification
10     is required and necessary to accurately portray the weapon
11     for historical re-enactment purposes; the re-enactor is in
12     possession of a valid and current re-enacting group
13     membership credential; the overall length of the weapon as
14     modified is not less than 26 inches; and the vintage rifle
15     or modern reproduction thereof is used only during the
16     historical re-enactment.
17     (d) Subsection 24-1(a)(1) does not apply to the purchase,
18 possession or carrying of a black-jack or slung-shot by a peace
19 officer.
20     (e) Subsection 24-1(a)(8) does not apply to any owner,
21 manager or authorized employee of any place specified in that
22 subsection nor to any law enforcement officer.
23     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
24 Section 24-1.6 do not apply to members of any club or
25 organization organized for the purpose of practicing shooting
26 at targets upon established target ranges, whether public or

 

 

SB2578 - 10 - LRB096 17108 RLC 32432 b

1 private, while using their firearms on those target ranges.
2     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
3 to:
4         (1) Members of the Armed Services or Reserve Forces of
5     the United States or the Illinois National Guard, while in
6     the performance of their official duty.
7         (2) Bonafide collectors of antique or surplus military
8     ordinance.
9         (3) Laboratories having a department of forensic
10     ballistics, or specializing in the development of
11     ammunition or explosive ordinance.
12         (4) Commerce, preparation, assembly or possession of
13     explosive bullets by manufacturers of ammunition licensed
14     by the federal government, in connection with the supply of
15     those organizations and persons exempted by subdivision
16     (g)(1) of this Section, or like organizations and persons
17     outside this State, or the transportation of explosive
18     bullets to any organization or person exempted in this
19     Section by a common carrier or by a vehicle owned or leased
20     by an exempted manufacturer.
21     (g-5) Subsection 24-1(a)(6) does not apply to or affect
22 persons licensed under federal law to manufacture any device or
23 attachment of any kind designed, used, or intended for use in
24 silencing the report of any firearm, firearms, or ammunition
25 for those firearms equipped with those devices, and actually
26 engaged in the business of manufacturing those devices,

 

 

SB2578 - 11 - LRB096 17108 RLC 32432 b

1 firearms, or ammunition, but only with respect to activities
2 that are within the lawful scope of that business, such as the
3 manufacture, transportation, or testing of those devices,
4 firearms, or ammunition. This exemption does not authorize the
5 general private possession of any device or attachment of any
6 kind designed, used, or intended for use in silencing the
7 report of any firearm, but only such possession and activities
8 as are within the lawful scope of a licensed manufacturing
9 business described in this subsection (g-5). During
10 transportation, those devices shall be detached from any weapon
11 or not immediately accessible.
12     (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
13 24-1.6 do not apply to or affect any parole agent or parole
14 supervisor who meets the qualifications and conditions
15 prescribed in Section 3-14-1.5 of the Unified Code of
16 Corrections.
17     (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
18 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
19 athlete's possession, transport on official Olympic and
20 Paralympic transit systems established for athletes, or use of
21 competition firearms sanctioned by the International Olympic
22 Committee, the International Paralympic Committee, the
23 International Shooting Sport Federation, or USA Shooting in
24 connection with such athlete's training for and participation
25 in shooting competitions at the 2016 Olympic and Paralympic
26 Games and sanctioned test events leading up to the 2016 Olympic

 

 

SB2578 - 12 - LRB096 17108 RLC 32432 b

1 and Paralympic Games.
2     (h) An information or indictment based upon a violation of
3 any subsection of this Article need not negative any exemptions
4 contained in this Article. The defendant shall have the burden
5 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 consigned
9 to a common carrier operating under license of the State of
10 Illinois or the federal government, where such transportation,
11 carrying, or possession is incident to the lawful
12 transportation in which such common carrier is engaged; and
13 nothing in this Article shall prohibit, apply to, or affect the
14 transportation, carrying, or possession of any pistol,
15 revolver, stun gun, taser, or other firearm, not the subject of
16 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
17 this Article, which is unloaded and enclosed in a case, firearm
18 carrying box, shipping box, or other container, by the
19 possessor of a valid Firearm Owners Identification Card.
20 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
21 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
22 96-742, eff. 8-25-09; revised 10-9-09.)