Sen. William R. Haine

Filed: 5/13/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 143

2    AMENDMENT NO. ______. Amend House Bill 143 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing 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
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the 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,

 

 

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1    while in the performance of their official duty, or while
2    commuting between their homes and places of employment.
3        (3) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard or the
5    Reserve Officers Training Corps, while in the performance
6    of their official duty.
7        (4) Special agents employed by a railroad or a public
8    utility to perform police functions, and guards of armored
9    car companies, while actually engaged in the performance of
10    the duties of their employment or commuting between their
11    homes and places of employment; and watchmen while actually
12    engaged in the performance of the duties of their
13    employment.
14        (5) Persons licensed as private security contractors,
15    private detectives, or private alarm contractors, or
16    employed by an agency certified by the Department of
17    Professional Regulation, if their duties include the
18    carrying of a weapon under the provisions of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004, while actually engaged
21    in the performance of the duties of their employment or
22    commuting between their homes and places of employment,
23    provided that such commuting is accomplished within one
24    hour from departure from home or place of employment, as
25    the case may be. Persons exempted under this subdivision
26    (a)(5) shall be required to have completed a course of

 

 

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1    study in firearms handling and training approved and
2    supervised by the Department of Professional Regulation as
3    prescribed by Section 28 of the Private Detective, Private
4    Alarm, Private Security, Fingerprint Vendor, and Locksmith
5    Act of 2004, prior to becoming eligible for this exemption.
6    The Department of Professional Regulation shall provide
7    suitable documentation demonstrating the successful
8    completion of the prescribed firearms training. Such
9    documentation shall be carried at all times when such
10    persons are in possession of a concealable weapon.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the protection
13    of persons employed and private property related to such
14    commercial or industrial operation, while actually engaged
15    in the performance of his or her duty or traveling between
16    sites or properties belonging to the employer, and who, as
17    a security guard, is a member of a security force of at
18    least 5 persons registered with the Department of
19    Professional Regulation; provided that such security guard
20    has successfully completed a course of study, approved by
21    and supervised by the Department of Professional
22    Regulation, consisting of not less than 40 hours of
23    training that includes the theory of law enforcement,
24    liability for acts, and the handling of weapons. A person
25    shall be considered eligible for this exemption if he or
26    she has completed the required 20 hours of training for a

 

 

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

 

 

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1    the handling of weapons. A person shall be considered to be
2    eligible for this exemption if he or she has completed the
3    required 20 hours of training for a security officer and 20
4    hours of required firearm training, and has been issued a
5    firearm control card by the Department of Professional
6    Regulation. Conditions for renewal of firearm control
7    cards issued under the provisions of this Section shall be
8    the same as for those issued under the provisions of the
9    Private Detective, Private Alarm, Private Security,
10    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
11    control card shall be carried by the person so trained at
12    all times when such person is in possession of a
13    concealable weapon. For purposes of this subsection,
14    "financial institution" means a bank, savings and loan
15    association, credit union or company providing armored car
16    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 officers
21    pursuant to the Peace Officer Fire Investigation Act.
22        (11) Investigators of the Office of the State's
23    Attorneys Appellate Prosecutor authorized by the board of
24    governors of the Office of the State's Attorneys Appellate
25    Prosecutor to carry weapons pursuant to Section 7.06 of the
26    State's Attorneys Appellate Prosecutor's Act.

 

 

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1        (12) Special investigators appointed by a State's
2    Attorney under Section 3-9005 of the Counties Code.
3        (12.5) Probation officers while in the performance of
4    their duties, or while commuting between their homes,
5    places of employment or specific locations that are part of
6    their assigned duties, with the consent of the chief judge
7    of the circuit for which they are employed.
8        (13) Court Security Officers while in the performance
9    of their official duties, or while commuting between their
10    homes and places of employment, with the consent of the
11    Sheriff.
12        (13.5) A person employed as an armed security guard at
13    a nuclear energy, storage, weapons or development site or
14    facility regulated by the Nuclear Regulatory Commission
15    who has completed the background screening and training
16    mandated by the rules and regulations of the Nuclear
17    Regulatory Commission.
18        (14) Manufacture, transportation, or sale of weapons
19    to persons authorized under subdivisions (1) through
20    (13.5) of this subsection to possess those weapons.
21    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any of the following:
23        (1) Members of any club or organization organized for
24    the purpose of practicing shooting at targets upon
25    established target ranges, whether public or private, and
26    patrons of such ranges, while such members or patrons are

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    those organizations and persons exempted by subdivision
2    (g)(1) of this Section, or like organizations and persons
3    outside this State, or the transportation of explosive
4    bullets to any organization or person exempted in this
5    Section by a common carrier or by a vehicle owned or leased
6    by an exempted manufacturer.
7    (g-5) Subsection 24-1(a)(6) does not apply to or affect
8persons licensed under federal law to manufacture any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, firearms, or ammunition
11for those firearms equipped with those devices, and actually
12engaged in the business of manufacturing those devices,
13firearms, or ammunition, but only with respect to activities
14that are within the lawful scope of that business, such as the
15manufacture, transportation, or testing of those devices,
16firearms, or ammunition. This exemption does not authorize the
17general private possession of any device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm, but only such possession and activities
20as are within the lawful scope of a licensed manufacturing
21business described in this subsection (g-5). During
22transportation, those devices shall be detached from any weapon
23or not immediately accessible.
24    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any parole agent or parole
26supervisor who meets the qualifications and conditions

 

 

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1prescribed in Section 3-14-1.5 of the Unified Code of
2Corrections.
3    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
5athlete's possession, transport on official Olympic and
6Paralympic transit systems established for athletes, or use of
7competition firearms sanctioned by the International Olympic
8Committee, the International Paralympic Committee, the
9International Shooting Sport Federation, or USA Shooting in
10connection with such athlete's training for and participation
11in shooting competitions at the 2016 Olympic and Paralympic
12Games and sanctioned test events leading up to the 2016 Olympic
13and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any exemptions
16contained in this Article. The defendant shall have the burden
17of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm consigned
21to a common carrier operating under license of the State of
22Illinois or the federal government, where such transportation,
23carrying, or possession is incident to the lawful
24transportation in which such common carrier is engaged; and
25nothing in this Article shall prohibit, apply to, or affect the
26transportation, carrying, or possession of any pistol,

 

 

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1revolver, stun gun, taser, or other firearm, not the subject of
2and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
3this Article, which is unloaded and enclosed in a case, firearm
4carrying box, shipping box, or other container, by the
5possessor of a valid Firearm Owners Identification Card.
6(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
795-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
896-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".