Illinois General Assembly - Full Text of SB2165
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Full Text of SB2165  102nd General Assembly

SB2165 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2165

 

Introduced 2/26/2021, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides that full-time, sworn, compensated fire fighters are permitted to carry a pistol, revolver, stun gun, taser, or other firearm on his or her person in public or in a vehicle, if the fire fighter has a valid concealed carry license, is carrying on duty, and has been approved to carry on duty by the mayor, city council, village president, or village board of trustees.


LRB102 14314 KMF 19666 b

 

 

A BILL FOR

 

SB2165LRB102 14314 KMF 19666 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 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,
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

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance
3    of the duties of their employment or commuting between
4    their homes and places of employment; and watchmen while
5    actually 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 a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their
17    homes and places of employment. A person shall be
18    considered eligible for this exemption if he or she has
19    completed the required 20 hours of training for a private
20    security contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 20 hours of required firearm training, and has
24    been issued a firearm control card by the Department of
25    Financial and Professional Regulation. Conditions for the
26    renewal of firearm control cards issued under the

 

 

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

 

 

SB2165- 4 -LRB102 14314 KMF 19666 b

1    of training for a security officer and 20 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

SB2165- 5 -LRB102 14314 KMF 19666 b

1    successfully completed a course of study, approved by and
2    supervised by the Department of Financial and Professional
3    Regulation, consisting of not less than 40 hours of
4    training which includes theory of law enforcement,
5    liability for acts, and the handling of weapons. A person
6    shall be considered to be eligible for this exemption if
7    he or she has completed the required 20 hours of training
8    for a security officer and 20 hours of required firearm
9    training, and has been issued a firearm control card by
10    the Department of Financial and Professional Regulation.
11    Conditions for renewal of firearm control cards issued
12    under the provisions of this Section shall be the same as
13    for those 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 security guard at all times
17    when he or she is in possession of a concealable weapon
18    permitted by his or her firearm control card. For purposes
19    of this subsection, "financial institution" means a bank,
20    savings and loan association, credit union or company
21    providing armored car services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace
26    officers pursuant to the Peace Officer Fire Investigation

 

 

SB2165- 6 -LRB102 14314 KMF 19666 b

1    Act.
2        (11) Investigators of the Office of the State's
3    Attorneys Appellate Prosecutor authorized by the board of
4    governors of the Office of the State's Attorneys Appellate
5    Prosecutor to carry weapons pursuant to Section 7.06 of
6    the State's Attorneys Appellate Prosecutor's Act.
7        (12) Special investigators appointed by a State's
8    Attorney under Section 3-9005 of the Counties Code.
9        (12.5) Probation officers while in the performance of
10    their duties, or while commuting between their homes,
11    places of employment or specific locations that are part
12    of their assigned duties, with the consent of the chief
13    judge of the circuit for which they are employed, if they
14    have received weapons training according to requirements
15    of the Peace Officer and Probation Officer Firearm
16    Training Act.
17        (13) Court Security Officers while in the performance
18    of their official duties, or while commuting between their
19    homes and places of employment, with the consent of the
20    Sheriff.
21        (13.5) A person employed as an armed security guard at
22    a nuclear energy, storage, weapons or development site or
23    facility regulated by the Nuclear Regulatory Commission
24    who has completed the background screening and training
25    mandated by the rules and regulations of the Nuclear
26    Regulatory Commission.

 

 

SB2165- 7 -LRB102 14314 KMF 19666 b

1        (14) Manufacture, transportation, or sale of weapons
2    to persons authorized under subdivisions (1) through
3    (13.5) of this subsection to possess those weapons.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect any person carrying a concealed pistol, revolver,
6or handgun and the person has been issued a currently valid
7license under the Firearm Concealed Carry Act at the time of
8the commission of the offense.
9    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect a qualified current or retired law enforcement
11officer qualified under the laws of this State or under the
12federal Law Enforcement Officers Safety Act.
13    (a-10) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to fire fighters who are (1) full-time, sworn, and
15compensated; (2) have a valid concealed carry license; (3)
16carry on duty; and (4) are approved to carry on duty by the
17mayor, city council, village president, or village board of
18trustees.
19    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any of the following:
21        (1) Members of any club or organization organized for
22    the purpose of practicing shooting at targets upon
23    established target ranges, whether public or private, and
24    patrons of such ranges, while such members or patrons are
25    using their firearms on those target ranges.
26        (2) Duly authorized military or civil organizations

 

 

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

 

 

SB2165- 9 -LRB102 14314 KMF 19666 b

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

 

 

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

 

 

SB2165- 11 -LRB102 14314 KMF 19666 b

1    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
2Section 24-1.6 do not apply to members of any club or
3organization organized for the purpose of practicing shooting
4at targets upon established target ranges, whether public or
5private, while using their firearms on those target ranges.
6    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
7to:
8        (1) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard, while in
10    the performance of their official duty.
11        (2) Bonafide collectors of antique or surplus military
12    ordnance.
13        (3) Laboratories having a department of forensic
14    ballistics, or specializing in the development of
15    ammunition or explosive ordnance.
16        (4) Commerce, preparation, assembly or possession of
17    explosive bullets by manufacturers of ammunition licensed
18    by the federal government, in connection with the supply
19    of those organizations and persons exempted by subdivision
20    (g)(1) of this Section, or like organizations and persons
21    outside this State, or the transportation of explosive
22    bullets to any organization or person exempted in this
23    Section by a common carrier or by a vehicle owned or leased
24    by an exempted manufacturer.
25    (g-5) Subsection 24-1(a)(6) does not apply to or affect
26persons licensed under federal law to manufacture any device

 

 

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1or attachment of any kind designed, used, or intended for use
2in silencing the report of any firearm, firearms, or
3ammunition for those firearms equipped with those devices, and
4actually engaged in the business of manufacturing those
5devices, firearms, or ammunition, but only with respect to
6activities that are within the lawful scope of that business,
7such as the manufacture, transportation, or testing of those
8devices, firearms, or ammunition. This exemption does not
9authorize the general private possession of any device or
10attachment of any kind designed, used, or intended for use in
11silencing the report of any firearm, but only such possession
12and activities as are within the lawful scope of a licensed
13manufacturing business described in this subsection (g-5).
14During transportation, these devices shall be detached from
15any weapon or not immediately accessible.
16    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any parole agent or parole
18supervisor who meets the qualifications and conditions
19prescribed in Section 3-14-1.5 of the Unified Code of
20Corrections.
21    (g-7) Subsection 24-1(a)(6) does not apply to a peace
22officer while serving as a member of a tactical response team
23or special operations team. A peace officer may not personally
24own or apply for ownership of a device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm. These devices shall be owned and

 

 

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1maintained by lawfully recognized units of government whose
2duties include the investigation of criminal acts.
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
13Olympic and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any
16exemptions contained in this Article. The defendant shall have
17the burden of 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
21consigned to a common carrier operating under license of the
22State of Illinois or the federal government, where such
23transportation, carrying, or possession is incident to the
24lawful transportation in which such common carrier is engaged;
25and nothing in this Article shall prohibit, apply to, or
26affect the transportation, carrying, or possession of any

 

 

SB2165- 14 -LRB102 14314 KMF 19666 b

1pistol, revolver, stun gun, taser, or other firearm, not the
2subject of and regulated by subsection 24-1(a)(7) or
3subsection 24-2(c) of this Article, which is unloaded and
4enclosed in a case, firearm carrying box, shipping box, or
5other container, by the possessor of a valid Firearm Owners
6Identification Card.
7(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)