Illinois General Assembly - Full Text of HB5682
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Full Text of HB5682  97th General Assembly

HB5682enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5682 EnrolledLRB097 17834 RLC 66082 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 1961 is amended by changing
5Section 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 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    Financial and Professional Regulation, if their duties
11    include the carrying of a weapon under the provisions of
12    the Private Detective, Private Alarm, Private Security,
13    Fingerprint Vendor, and Locksmith Act of 2004, while
14    actually engaged in the performance of the duties of their
15    employment or commuting between their homes and places of
16    employment, provided that such commuting is accomplished
17    within one hour from departure from home or place of
18    employment, as the case may be. 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 agency and 20 hours
23    of 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

 

 

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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    private security contractor, private detective, or private
6    alarm contractor, or employee of the licensed agency at all
7    times when he or she is in possession of a concealable
8    weapon. Persons exempted under this subdivision (a)(5)
9    shall be required to have completed a course of study in
10    firearms handling and training approved and supervised by
11    the Department of Professional Regulation as prescribed by
12    Section 28 of the Private Detective, Private Alarm, Private
13    Security, Fingerprint Vendor, and Locksmith Act of 2004,
14    prior to becoming eligible for this exemption. The
15    Department of Professional Regulation shall provide
16    suitable documentation demonstrating the successful
17    completion of the prescribed firearms training. Such
18    documentation shall be carried at all times when such
19    persons are in possession of a concealable weapon.
20        (6) Any person regularly employed in a commercial or
21    industrial operation as a security guard for the protection
22    of persons employed and private property related to such
23    commercial or industrial operation, while actually engaged
24    in the performance of his or her duty or traveling between
25    sites or properties belonging to the employer, and who, as
26    a security guard, is a member of a security force of at

 

 

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1    least 5 persons registered with the Department of Financial
2    and Professional Regulation; provided that such security
3    guard has successfully completed a course of study,
4    approved by and supervised by the Department of Financial
5    and Professional Regulation, consisting of not less than 40
6    hours of training that includes the theory of law
7    enforcement, liability for acts, and the handling of
8    weapons. A person shall be considered eligible for this
9    exemption if he or she has completed the required 20 hours
10    of training for a security officer and 20 hours of required
11    firearm training, and has been issued a firearm control
12    card by the Department of Financial and Professional
13    Regulation. Conditions for the renewal of firearm control
14    cards issued under the provisions of this Section shall be
15    the same as for those cards issued under the provisions of
16    the Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004. The Such
18    firearm control card shall be carried by the security guard
19    at all times when he or she is in possession of a
20    concealable weapon.
21        (7) Agents and investigators of the Illinois
22    Legislative Investigating Commission authorized by the
23    Commission to carry the weapons specified in subsections
24    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25    any investigation for the Commission.
26        (8) Persons employed by a financial institution for the

 

 

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1    protection of other employees and property related to such
2    financial institution, while actually engaged in the
3    performance of their duties, commuting between their homes
4    and places of employment, or traveling between sites or
5    properties owned or operated by such financial
6    institution, provided that any person so employed has
7    successfully completed a course of study, approved by and
8    supervised by the Department of Financial and Professional
9    Regulation, consisting of not less than 40 hours of
10    training which includes theory of law enforcement,
11    liability for acts, and the handling of weapons. A person
12    shall be considered to be eligible for this exemption if he
13    or she has completed the required 20 hours of training for
14    a security officer and 20 hours of required firearm
15    training, and has been issued a firearm control card by the
16    Department of Financial and Professional Regulation.
17    Conditions for renewal of firearm control cards issued
18    under the provisions of this Section shall be the same as
19    for those issued under the provisions of the Private
20    Detective, Private Alarm, Private Security, Fingerprint
21    Vendor, and Locksmith Act of 2004. Such firearm control
22    card shall be carried by the person so trained at all times
23    when such person is in possession of a concealable weapon.
24    For purposes of this subsection, "financial institution"
25    means a bank, savings and loan association, credit union or
26    company providing armored car services.

 

 

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1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace officers
5    pursuant to the Peace Officer Fire Investigation Act.
6        (11) Investigators of the Office of the State's
7    Attorneys Appellate Prosecutor authorized by the board of
8    governors of the Office of the State's Attorneys Appellate
9    Prosecutor to carry weapons pursuant to Section 7.06 of the
10    State's Attorneys Appellate Prosecutor's Act.
11        (12) Special investigators appointed by a State's
12    Attorney under Section 3-9005 of the Counties Code.
13        (12.5) Probation officers while in the performance of
14    their duties, or while commuting between their homes,
15    places of employment or specific locations that are part of
16    their assigned duties, with the consent of the chief judge
17    of the circuit for which they are employed.
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

 

 

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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    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any of the following:
7        (1) Members of any club or organization organized for
8    the purpose of practicing shooting at targets upon
9    established target ranges, whether public or private, and
10    patrons of such ranges, while such members or patrons are
11    using their firearms on those target ranges.
12        (2) Duly authorized military or civil organizations
13    while parading, with the special permission of the
14    Governor.
15        (3) Hunters, trappers or fishermen with a license or
16    permit while engaged in hunting, trapping or fishing.
17        (4) Transportation of weapons that are broken down in a
18    non-functioning state or are not immediately accessible.
19        (5) Carrying or possessing any pistol, revolver, stun
20    gun or taser or other firearm on the land or in the legal
21    dwelling of another person as an invitee with that person's
22    permission.
23    (c) Subsection 24-1(a)(7) does not apply to or affect any
24of the following:
25        (1) Peace officers while in performance of their
26    official duties.

 

 

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1        (2) Wardens, superintendents and keepers of prisons,
2    penitentiaries, jails and other institutions for the
3    detention of persons accused or convicted of an offense.
4        (3) 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        (4) Manufacture, transportation, or sale of machine
8    guns to persons authorized under subdivisions (1) through
9    (3) of this subsection to possess machine guns, if the
10    machine guns are broken down in a non-functioning state or
11    are not immediately accessible.
12        (5) Persons licensed under federal law to manufacture
13    any weapon from which 8 or more shots or bullets can be
14    discharged by a single function of the firing device, or
15    ammunition for such weapons, and actually engaged in the
16    business of manufacturing such weapons or ammunition, but
17    only with respect to activities which are within the lawful
18    scope of such business, such as the manufacture,
19    transportation, or testing of such weapons or ammunition.
20    This exemption does not authorize the general private
21    possession of any weapon from which 8 or more shots or
22    bullets can be discharged by a single function of the
23    firing device, but only such possession and activities as
24    are within the lawful scope of a licensed manufacturing
25    business described in this paragraph.
26        During transportation, such weapons shall be broken

 

 

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1    down in a non-functioning state or not immediately
2    accessible.
3        (6) The manufacture, transport, testing, delivery,
4    transfer or sale, and all lawful commercial or experimental
5    activities necessary thereto, of rifles, shotguns, and
6    weapons made from rifles or shotguns, or ammunition for
7    such rifles, shotguns or weapons, where engaged in by a
8    person operating as a contractor or subcontractor pursuant
9    to a contract or subcontract for the development and supply
10    of such rifles, shotguns, weapons or ammunition to the
11    United States government or any branch of the Armed Forces
12    of the United States, when such activities are necessary
13    and incident to fulfilling the terms of such contract.
14        The exemption granted under this subdivision (c)(6)
15    shall also apply to any authorized agent of any such
16    contractor or subcontractor who is operating within the
17    scope of his employment, where such activities involving
18    such weapon, weapons or ammunition are necessary and
19    incident to fulfilling the terms of such contract.
20        During transportation, any such weapon shall be broken
21    down in a non-functioning state, or not immediately
22    accessible.
23        (7) An active member of a bona fide, nationally
24    recognized military re-enacting group possessing a vintage
25    rifle or modern reproduction thereof with a barrel or
26    barrels less than 16 inches in length for the purpose of

 

 

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1    using the rifle during historical re-enactments if: (A) the
2    person has been issued a Curios and Relics license from the
3    U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives;
4    or (B) the modification is required and necessary to
5    accurately portray the weapon for historical re-enactment
6    purposes; the re-enactor is in possession of a valid and
7    current re-enacting group membership credential; and the
8    overall length of the weapon as modified is not less than
9    26 inches.
10        During transportation, any such weapon shall be broken
11    down in a non-functioning state, or not immediately
12    accessible.
13    (d) Subsection 24-1(a)(1) does not apply to the purchase,
14possession or carrying of a black-jack or slung-shot by a peace
15officer.
16    (e) Subsection 24-1(a)(8) does not apply to any owner,
17manager or authorized employee of any place specified in that
18subsection nor to any law enforcement officer.
19    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
20Section 24-1.6 do not apply to members of any club or
21organization organized for the purpose of practicing shooting
22at targets upon established target ranges, whether public or
23private, while using their firearms on those target ranges.
24    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
25to:
26        (1) Members of the Armed Services or Reserve Forces of

 

 

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

 

 

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1general private possession of any device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm, but only such possession and activities
4as are within the lawful scope of a licensed manufacturing
5business described in this subsection (g-5). During
6transportation, those devices shall be detached from any weapon
7or not immediately accessible.
8    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any parole agent or parole
10supervisor who meets the qualifications and conditions
11prescribed in Section 3-14-1.5 of the Unified Code of
12Corrections.
13    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
15athlete's possession, transport on official Olympic and
16Paralympic transit systems established for athletes, or use of
17competition firearms sanctioned by the International Olympic
18Committee, the International Paralympic Committee, the
19International Shooting Sport Federation, or USA Shooting in
20connection with such athlete's training for and participation
21in shooting competitions at the 2016 Olympic and Paralympic
22Games and sanctioned test events leading up to the 2016 Olympic
23and Paralympic Games.
24    (h) An information or indictment based upon a violation of
25any subsection of this Article need not negative any exemptions
26contained in this Article. The defendant shall have the burden

 

 

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1of proving such an exemption.
2    (i) Nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession, of any
4pistol or revolver, stun gun, taser, or other firearm consigned
5to a common carrier operating under license of the State of
6Illinois or the federal government, where such transportation,
7carrying, or possession is incident to the lawful
8transportation in which such common carrier is engaged; and
9nothing in this Article shall prohibit, apply to, or affect the
10transportation, carrying, or possession of any pistol,
11revolver, stun gun, taser, or other firearm, not the subject of
12and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
13this Article, which is unloaded and enclosed in a case, firearm
14carrying box, shipping box, or other container, by the
15possessor of a valid Firearm Owners Identification Card.
16(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
17eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)