Illinois General Assembly - Full Text of HB0182
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Full Text of HB0182  96th General Assembly

HB0182eng 96TH GENERAL ASSEMBLY



 


 
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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 Sections 24-1, 24-1.6, and 24-2 as follows:
 
6     (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7     Sec. 24-1. Unlawful Use of Weapons.
8     (a) A person commits the offense of unlawful use of weapons
9 when he knowingly:
10         (1) Sells, manufactures, purchases, possesses or
11     carries any bludgeon, black-jack, slung-shot, sand-club,
12     sand-bag, metal knuckles or other knuckle weapon
13     regardless of its composition, throwing star, or any knife,
14     commonly referred to as a switchblade knife, which has a
15     blade that opens automatically by hand pressure applied to
16     a button, spring or other device in the handle of the
17     knife, or a ballistic knife, which is a device that propels
18     a knifelike blade as a projectile by means of a coil
19     spring, elastic material or compressed gas; or
20         (2) Carries or possesses with intent to use the same
21     unlawfully against another, a dagger, dirk, billy,
22     dangerous knife, razor, stiletto, broken bottle or other
23     piece of glass, stun gun or taser or any other dangerous or

 

 

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1     deadly weapon or instrument of like character; or
2         (3) Carries on or about his person or in any vehicle, a
3     tear gas gun projector or bomb or any object containing
4     noxious liquid gas or substance, other than an object
5     containing a non-lethal noxious liquid gas or substance
6     designed solely for personal defense carried by a person 18
7     years of age or older; or
8         (4) Carries or possesses in any vehicle or concealed on
9     or about his person except when on his land or in his own
10     abode or fixed place of business, or a legal dwelling or
11     place where he or she is an invitee therein, any pistol,
12     revolver, stun gun or taser or other firearm, except that
13     this subsection (a) (4) does not apply to or affect
14     transportation of weapons that meet one of the following
15     conditions:
16             (i) are broken down in a non-functioning state; or
17             (ii) are not immediately accessible; or
18             (iii) are unloaded and enclosed in a case, firearm
19         carrying box, shipping box, or other container by a
20         person who has been issued a currently valid Firearm
21         Owner's Identification Card; or
22         (5) Sets a spring gun; or
23         (6) Possesses any device or attachment of any kind
24     designed, used or intended for use in silencing the report
25     of any firearm; or
26         (7) Sells, manufactures, purchases, possesses or

 

 

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1     carries:
2             (i) a machine gun, which shall be defined for the
3         purposes of this subsection as any weapon, which
4         shoots, is designed to shoot, or can be readily
5         restored to shoot, automatically more than one shot
6         without manually reloading by a single function of the
7         trigger, including the frame or receiver of any such
8         weapon, or sells, manufactures, purchases, possesses,
9         or carries any combination of parts designed or
10         intended for use in converting any weapon into a
11         machine gun, or any combination or parts from which a
12         machine gun can be assembled if such parts are in the
13         possession or under the control of a person;
14             (ii) any rifle having one or more barrels less than
15         16 inches in length or a shotgun having one or more
16         barrels less than 18 inches in length or any weapon
17         made from a rifle or shotgun, whether by alteration,
18         modification, or otherwise, if such a weapon as
19         modified has an overall length of less than 26 inches;
20         or
21             (iii) any bomb, bomb-shell, grenade, bottle or
22         other container containing an explosive substance of
23         over one-quarter ounce for like purposes, such as, but
24         not limited to, black powder bombs and Molotov
25         cocktails or artillery projectiles; or
26         (8) Carries or possesses any firearm, stun gun or taser

 

 

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1     or other deadly weapon in any place which is licensed to
2     sell intoxicating beverages, or at any public gathering
3     held pursuant to a license issued by any governmental body
4     or any public gathering at which an admission is charged,
5     excluding a place where a showing, demonstration or lecture
6     involving the exhibition of unloaded firearms is
7     conducted.
8         This subsection (a)(8) does not apply to any auction or
9     raffle of a firearm held pursuant to a license or permit
10     issued by a governmental body, nor does it apply to persons
11     engaged in firearm safety training courses; or
12         (9) Carries or possesses in a vehicle or on or about
13     his person any pistol, revolver, stun gun or taser or
14     firearm or ballistic knife, when he is hooded, robed or
15     masked in such manner as to conceal his identity; or
16         (10) Carries or possesses on or about his person, upon
17     any public street, alley, or other public lands within the
18     corporate limits of a city, village or incorporated town,
19     except when an invitee thereon or therein, for the purpose
20     of the display of such weapon or the lawful commerce in
21     weapons, or except when on his land or in his own abode or
22     fixed place of business, or a legal dwelling or place where
23     he or she is an invitee therein, any pistol, revolver, stun
24     gun or taser or other firearm, except that this subsection
25     (a) (10) does not apply to or affect transportation of
26     weapons that meet one of the following conditions:

 

 

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1             (i) are broken down in a non-functioning state; or
2             (ii) are not immediately accessible; or
3             (iii) are unloaded and enclosed in a case, firearm
4         carrying box, shipping box, or other container by a
5         person who has been issued a currently valid Firearm
6         Owner's Identification Card.
7         A "stun gun or taser", as used in this paragraph (a)
8     means (i) any device which is powered by electrical
9     charging units, such as, batteries, and which fires one or
10     several barbs attached to a length of wire and which, upon
11     hitting a human, can send out a current capable of
12     disrupting the person's nervous system in such a manner as
13     to render him incapable of normal functioning or (ii) any
14     device which is powered by electrical charging units, such
15     as batteries, and which, upon contact with a human or
16     clothing worn by a human, can send out current capable of
17     disrupting the person's nervous system in such a manner as
18     to render him incapable of normal functioning; or
19         (11) Sells, manufactures or purchases any explosive
20     bullet. For purposes of this paragraph (a) "explosive
21     bullet" means the projectile portion of an ammunition
22     cartridge which contains or carries an explosive charge
23     which will explode upon contact with the flesh of a human
24     or an animal. "Cartridge" means a tubular metal case having
25     a projectile affixed at the front thereof and a cap or
26     primer at the rear end thereof, with the propellant

 

 

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1     contained in such tube between the projectile and the cap;
2     or
3         (12) (Blank); or
4         (13) Carries or possesses on or about his or her person
5     while in a building occupied by a unit of government, a
6     billy club, other weapon of like character, or other
7     instrument of like character intended for use as a weapon.
8     For the purposes of this Section, "billy club" means a
9     short stick or club commonly carried by police officers
10     which is either telescopic or constructed of a solid piece
11     of wood or other man-made material.
12     (b) Sentence. A person convicted of a violation of
13 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
14 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
15 Class A misdemeanor. A person convicted of a violation of
16 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
17 person convicted of a violation of subsection 24-1(a)(6) or
18 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
19 convicted of a violation of subsection 24-1(a)(7)(i) commits a
20 Class 2 felony and shall be sentenced to a term of imprisonment
21 of not less than 3 years and not more than 7 years, unless the
22 weapon is possessed in the passenger compartment of a motor
23 vehicle as defined in Section 1-146 of the Illinois Vehicle
24 Code, or on the person, while the weapon is loaded, in which
25 case it shall be a Class X felony. A person convicted of a
26 second or subsequent violation of subsection 24-1(a)(4),

 

 

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1 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
2 felony. The possession of each weapon in violation of this
3 Section constitutes a single and separate violation.
4     (c) Violations in specific places.
5         (1) A person who violates subsection 24-1(a)(6) or
6     24-1(a)(7) in any school, regardless of the time of day or
7     the time of year, in residential property owned, operated
8     or managed by a public housing agency or leased by a public
9     housing agency as part of a scattered site or mixed-income
10     development, in a public park, in a courthouse, on the real
11     property comprising any school, regardless of the time of
12     day or the time of year, on residential property owned,
13     operated or managed by a public housing agency or leased by
14     a public housing agency as part of a scattered site or
15     mixed-income development, on the real property comprising
16     any public park, on the real property comprising any
17     courthouse, in any conveyance owned, leased or contracted
18     by a school to transport students to or from school or a
19     school related activity, or on any public way within 1,000
20     feet of the real property comprising any school, public
21     park, courthouse, or residential property owned, operated,
22     or managed by a public housing agency or leased by a public
23     housing agency as part of a scattered site or mixed-income
24     development commits a Class 2 felony and shall be sentenced
25     to a term of imprisonment of not less than 3 years and not
26     more than 7 years.

 

 

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1         (1.5) A person who violates subsection 24-1(a)(4),
2     24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
3     time of day or the time of year, in residential property
4     owned, operated, or managed by a public housing agency or
5     leased by a public housing agency as part of a scattered
6     site or mixed-income development, in a public park, in a
7     courthouse, on the real property comprising any school,
8     regardless of the time of day or the time of year, on
9     residential property owned, operated, or managed by a
10     public housing agency or leased by a public housing agency
11     as part of a scattered site or mixed-income development, on
12     the real property comprising any public park, on the real
13     property comprising any courthouse, in any conveyance
14     owned, leased, or contracted by a school to transport
15     students to or from school or a school related activity, or
16     on any public way within 1,000 feet of the real property
17     comprising any school, public park, courthouse, or
18     residential property owned, operated, or managed by a
19     public housing agency or leased by a public housing agency
20     as part of a scattered site or mixed-income development
21     commits a Class 3 felony.
22         (2) A person who violates subsection 24-1(a)(1),
23     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
24     time of day or the time of year, in residential property
25     owned, operated or managed by a public housing agency or
26     leased by a public housing agency as part of a scattered

 

 

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1     site or mixed-income development, in a public park, in a
2     courthouse, on the real property comprising any school,
3     regardless of the time of day or the time of year, on
4     residential property owned, operated or managed by a public
5     housing agency or leased by a public housing agency as part
6     of a scattered site or mixed-income development, on the
7     real property comprising any public park, on the real
8     property comprising any courthouse, in any conveyance
9     owned, leased or contracted by a school to transport
10     students to or from school or a school related activity, or
11     on any public way within 1,000 feet of the real property
12     comprising any school, public park, courthouse, or
13     residential property owned, operated, or managed by a
14     public housing agency or leased by a public housing agency
15     as part of a scattered site or mixed-income development
16     commits a Class 4 felony. "Courthouse" means any building
17     that is used by the Circuit, Appellate, or Supreme Court of
18     this State for the conduct of official business.
19         (3) Paragraphs (1), (1.5), and (2) of this subsection
20     (c) shall not apply to law enforcement officers or security
21     officers of such school, college, or university or to
22     students carrying or possessing firearms for use in
23     training courses, parades, hunting, target shooting on
24     school ranges, or otherwise with the consent of school
25     authorities and which firearms are transported unloaded
26     enclosed in a suitable case, box, or transportation

 

 

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1     package.
2         (4) For the purposes of this subsection (c), "school"
3     means any public or private elementary or secondary school,
4     community college, college, or university.
5     (d) The presence in an automobile other than a public
6 omnibus of any weapon, instrument or substance referred to in
7 subsection (a)(7) is prima facie evidence that it is in the
8 possession of, and is being carried by, all persons occupying
9 such automobile at the time such weapon, instrument or
10 substance is found, except under the following circumstances:
11 (i) if such weapon, instrument or instrumentality is found upon
12 the person of one of the occupants therein; or (ii) if such
13 weapon, instrument or substance is found in an automobile
14 operated for hire by a duly licensed driver in the due, lawful
15 and proper pursuit of his trade, then such presumption shall
16 not apply to the driver.
17     (e) Exemptions. Crossbows, Common or Compound bows and
18 Underwater Spearguns are exempted from the definition of
19 ballistic knife as defined in paragraph (1) of subsection (a)
20 of this Section.
21 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
22 eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
23 9-5-08.)
 
24     (720 ILCS 5/24-1.6)
25     Sec. 24-1.6. Aggravated unlawful use of a weapon.

 

 

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1     (a) A person commits the offense of aggravated unlawful use
2 of a weapon when he or she knowingly:
3         (1) Carries on or about his or her person or in any
4     vehicle or concealed on or about his or her person except
5     when on his or her land or in his or her abode or fixed
6     place of business, or a legal dwelling or place where he or
7     she is an invitee therein, any pistol, revolver, stun gun
8     or taser or other firearm; or
9         (2) Carries or possesses on or about his or her person,
10     upon any public street, alley, or other public lands within
11     the corporate limits of a city, village or incorporated
12     town, except when an invitee thereon or therein, for the
13     purpose of the display of such weapon or the lawful
14     commerce in weapons, or except when on his or her own land
15     or in his or her own abode or fixed place of business, or a
16     legal dwelling or place where he or she is an invitee
17     therein, any pistol, revolver, stun gun or taser or other
18     firearm; and
19         (3) One of the following factors is present:
20             (A) the firearm possessed was uncased, loaded and
21         immediately accessible at the time of the offense; or
22             (B) the firearm possessed was uncased, unloaded
23         and the ammunition for the weapon was immediately
24         accessible at the time of the offense; or
25             (C) the person possessing the firearm has not been
26         issued a currently valid Firearm Owner's

 

 

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1         Identification Card; or
2             (D) the person possessing the weapon was
3         previously adjudicated a delinquent minor under the
4         Juvenile Court Act of 1987 for an act that if committed
5         by an adult would be a felony; or
6             (E) the person possessing the weapon was engaged in
7         a misdemeanor violation of the Cannabis Control Act, in
8         a misdemeanor violation of the Illinois Controlled
9         Substances Act, or in a misdemeanor violation of the
10         Methamphetamine Control and Community Protection Act;
11         or
12             (F) the person possessing the weapon is a member of
13         a street gang or is engaged in street gang related
14         activity, as defined in Section 10 of the Illinois
15         Streetgang Terrorism Omnibus Prevention Act; or
16             (G) the person possessing the weapon had a order of
17         protection issued against him or her within the
18         previous 2 years; or
19             (H) the person possessing the weapon was engaged in
20         the commission or attempted commission of a
21         misdemeanor involving the use or threat of violence
22         against the person or property of another; or
23             (I) the person possessing the weapon was under 21
24         years of age and in possession of a handgun as defined
25         in Section 24-3, unless the person under 21 is engaged
26         in lawful activities under the Wildlife Code or

 

 

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1         described in subsection 24-2(b)(1), (b)(3), or
2         24-2(f).
3     (b) "Stun gun or taser" as used in this Section has the
4 same definition given to it in Section 24-1 of this Code.
5     (c) This Section does not apply to or affect the
6 transportation or possession of weapons that:
7             (i) are broken down in a non-functioning state; or
8             (ii) are not immediately accessible; or
9             (iii) are unloaded and enclosed in a case, firearm
10         carrying box, shipping box, or other container by a
11         person who has been issued a currently valid Firearm
12         Owner's Identification Card.
13     (d) Sentence. Aggravated unlawful use of a weapon is a
14 Class 4 felony; a second or subsequent offense is a Class 2
15 felony for which the person shall be sentenced to a term of
16 imprisonment of not less than 3 years and not more than 7
17 years. Aggravated unlawful use of a weapon by a person who has
18 been previously convicted of a felony in this State or another
19 jurisdiction is a Class 2 felony for which the person shall be
20 sentenced to a term of imprisonment of not less than 3 years
21 and not more than 7 years. Aggravated unlawful use of a weapon
22 while wearing or in possession of body armor as defined in
23 Section 33F-1 by a person who has not been issued a valid
24 Firearms Owner's Identification Card in accordance with
25 Section 5 of the Firearm Owners Identification Card Act is a
26 Class X felony. The possession of each firearm in violation of

 

 

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1 this Section constitutes a single and separate violation.
2 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556,
3 eff. 9-11-05; 95-331, eff. 8-21-07.)
 
4     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
5     Sec. 24-2. Exemptions.
6     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
7 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
8 the following:
9         (1) Peace officers, and any person summoned by a peace
10     officer to assist in making arrests or preserving the
11     peace, while actually engaged in assisting such officer.
12         (2) Wardens, superintendents and keepers of prisons,
13     penitentiaries, jails and other institutions for the
14     detention of persons accused or convicted of an offense,
15     while in the performance of their official duty, or while
16     commuting between their homes and places of employment.
17         (3) Members of the Armed Services or Reserve Forces of
18     the United States or the Illinois National Guard or the
19     Reserve Officers Training Corps, while in the performance
20     of their official duty.
21         (4) Special agents employed by a railroad or a public
22     utility to perform police functions, and guards of armored
23     car companies, while actually engaged in the performance of
24     the duties of their employment or commuting between their
25     homes and places of employment; and watchmen while actually

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         (13.5) A person employed as an armed security guard at
2     a nuclear energy, storage, weapons or development site or
3     facility regulated by the Nuclear Regulatory Commission
4     who has completed the background screening and training
5     mandated by the rules and regulations of the Nuclear
6     Regulatory Commission.
7         (14) Manufacture, transportation, or sale of weapons
8     to persons authorized under subdivisions (1) through
9     (13.5) of this subsection to possess those weapons.
10     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
11 24-1.6 do not apply to or affect any of the following:
12         (1) Members of any club or organization organized for
13     the purpose of practicing shooting at targets upon
14     established target ranges, whether public or private, and
15     patrons of such ranges, while such members or patrons are
16     using their firearms on those target ranges.
17         (2) Duly authorized military or civil organizations
18     while parading, with the special permission of the
19     Governor.
20         (3) Hunters, trappers or fishermen with a license or
21     permit while engaged in hunting, trapping or fishing.
22         (4) Transportation of weapons that are broken down in a
23     non-functioning state or are not immediately accessible.
24         (5) Carrying or possessing any pistol, revolver, stun
25     gun or taser or other firearm in a legal dwelling or place
26     where he or she is an invitee therein.

 

 

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1     (c) Subsection 24-1(a)(7) does not apply to or affect any
2 of the following:
3         (1) Peace officers while in performance of their
4     official duties.
5         (2) Wardens, superintendents and keepers of prisons,
6     penitentiaries, jails and other institutions for the
7     detention of persons accused or convicted of an offense.
8         (3) 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         (4) Manufacture, transportation, or sale of machine
12     guns to persons authorized under subdivisions (1) through
13     (3) of this subsection to possess machine guns, if the
14     machine guns are broken down in a non-functioning state or
15     are not immediately accessible.
16         (5) Persons licensed under federal law to manufacture
17     any weapon from which 8 or more shots or bullets can be
18     discharged by a single function of the firing device, or
19     ammunition for such weapons, and actually engaged in the
20     business of manufacturing such weapons or ammunition, but
21     only with respect to activities which are within the lawful
22     scope of such business, such as the manufacture,
23     transportation, or testing of such weapons or ammunition.
24     This exemption does not authorize the general private
25     possession of any weapon from which 8 or more shots or
26     bullets can be discharged by a single function of the

 

 

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1     firing device, but only such possession and activities as
2     are within the lawful scope of a licensed manufacturing
3     business described in this paragraph.
4         During transportation, such weapons shall be broken
5     down in a non-functioning state or not immediately
6     accessible.
7         (6) The manufacture, transport, testing, delivery,
8     transfer or sale, and all lawful commercial or experimental
9     activities necessary thereto, of rifles, shotguns, and
10     weapons made from rifles or shotguns, or ammunition for
11     such rifles, shotguns or weapons, where engaged in by a
12     person operating as a contractor or subcontractor pursuant
13     to a contract or subcontract for the development and supply
14     of such rifles, shotguns, weapons or ammunition to the
15     United States government or any branch of the Armed Forces
16     of the United States, when such activities are necessary
17     and incident to fulfilling 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         During transportation, any such weapon shall be broken
25     down in a non-functioning state, or not immediately
26     accessible.

 

 

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

 

 

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1     outside this State, or the transportation of explosive
2     bullets to any organization or person exempted in this
3     Section by a common carrier or by a vehicle owned or leased
4     by an exempted manufacturer.
5     (g-5) Subsection 24-1(a)(6) does not apply to or affect
6 persons licensed under federal law to manufacture any device or
7 attachment of any kind designed, used, or intended for use in
8 silencing the report of any firearm, firearms, or ammunition
9 for those firearms equipped with those devices, and actually
10 engaged in the business of manufacturing those devices,
11 firearms, or ammunition, but only with respect to activities
12 that are within the lawful scope of that business, such as the
13 manufacture, transportation, or testing of those devices,
14 firearms, or ammunition. This exemption does not authorize the
15 general private possession of any device or attachment of any
16 kind designed, used, or intended for use in silencing the
17 report of any firearm, but only such possession and activities
18 as are within the lawful scope of a licensed manufacturing
19 business described in this subsection (g-5). During
20 transportation, those devices shall be detached from any weapon
21 or not immediately accessible.
22     (h) An information or indictment based upon a violation of
23 any subsection of this Article need not negative any exemptions
24 contained in this Article. The defendant shall have the burden
25 of proving such an exemption.
26     (i) Nothing in this Article shall prohibit, apply to, or

 

 

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1 affect the transportation, carrying, or possession, of any
2 pistol or revolver, stun gun, taser, or other firearm consigned
3 to a common carrier operating under license of the State of
4 Illinois or the federal government, where such transportation,
5 carrying, or possession is incident to the lawful
6 transportation in which such common carrier is engaged; and
7 nothing in this Article shall prohibit, apply to, or affect the
8 transportation, carrying, or possession of any pistol,
9 revolver, stun gun, taser, or other firearm, not the subject of
10 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
11 this Article, which is unloaded and enclosed in a case, firearm
12 carrying box, shipping box, or other container, by the
13 possessor of a valid Firearm Owners Identification Card.
14 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
15 95-885, eff. 1-1-09.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.