Full Text of SB1139 101st General Assembly
SB1139ham001 101ST GENERAL ASSEMBLY | Rep. Monica Bristow Filed: 5/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1139
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by | 3 | | replacing lines 4 and 5 with the following:
| 4 | | "Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. Application for Firearm Owner's Identification | 8 | | Cards. | 9 | | (a) Each applicant for a Firearm Owner's Identification | 10 | | Card must:
| 11 | | (1) Make application on blank forms prepared and | 12 | | furnished at convenient
locations throughout the State by | 13 | | the Department of State Police, or by
electronic means, if | 14 | | and when made available by the Department of State
Police; | 15 | | and
| 16 | | (2) Submit evidence to the Department of State Police |
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| 1 | | that:
| 2 | | (i) He or she is 21 years of age or over, or if he | 3 | | or she is under 21
years of age that he or she has | 4 | | never been convicted of a misdemeanor other than a | 5 | | traffic offense or adjudged delinquent and is an active | 6 | | duty member of the United States Armed Forces or has | 7 | | the written consent of his or her parent or
legal | 8 | | guardian to possess and acquire firearms and firearm | 9 | | ammunition and that
he or she has never been convicted | 10 | | of a misdemeanor other than a traffic
offense or | 11 | | adjudged
delinquent , provided, however, that such | 12 | | parent or legal guardian is not an
individual | 13 | | prohibited from having a Firearm Owner's | 14 | | Identification Card and
files an affidavit with the | 15 | | Department as prescribed by the Department
stating | 16 | | that he or she is not an individual prohibited from | 17 | | having a Card or the active duty member of the United | 18 | | States Armed Forces under 21 years of age annually | 19 | | submits proof to the Department of State Police, in a | 20 | | manner prescribed by the Department ;
| 21 | | (ii) He or she has not been convicted of a felony | 22 | | under the laws of
this or any other jurisdiction;
| 23 | | (iii) He or she is not addicted to narcotics;
| 24 | | (iv) He or she has not been a patient in a mental | 25 | | health facility within
the past 5 years or, if he or | 26 | | she has been a patient in a mental health facility more |
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| 1 | | than 5 years ago submit the certification required | 2 | | under subsection (u) of Section 8 of this Act;
| 3 | | (v) He or she is not a person with an intellectual | 4 | | disability;
| 5 | | (vi) He or she is not an alien who is unlawfully | 6 | | present in the
United States under the laws of the | 7 | | United States;
| 8 | | (vii) He or she is not subject to an existing order | 9 | | of protection
prohibiting him or her from possessing a | 10 | | firearm;
| 11 | | (viii) He or she has not been convicted within the | 12 | | past 5 years of
battery, assault, aggravated assault, | 13 | | violation of an order of
protection, or a substantially | 14 | | similar offense in another jurisdiction, in
which a | 15 | | firearm was used or possessed;
| 16 | | (ix) He or she has not been convicted of domestic | 17 | | battery, aggravated domestic battery, or a
| 18 | | substantially similar offense in another
jurisdiction | 19 | | committed before, on or after January 1, 2012 (the | 20 | | effective date of Public Act 97-158). If the applicant | 21 | | knowingly and intelligently waives the right to have an | 22 | | offense described in this clause (ix) tried by a jury, | 23 | | and by guilty plea or otherwise, results in a | 24 | | conviction for an offense in which a domestic | 25 | | relationship is not a required element of the offense | 26 | | but in which a determination of the applicability of 18 |
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| 1 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 2 | | Code of Criminal Procedure of 1963, an entry by the | 3 | | court of a judgment of conviction for that offense | 4 | | shall be grounds for denying the issuance of a Firearm | 5 | | Owner's Identification Card under this Section;
| 6 | | (x) (Blank);
| 7 | | (xi) He or she is not an alien who has been | 8 | | admitted to the United
States under a non-immigrant | 9 | | visa (as that term is defined in Section
101(a)(26) of | 10 | | the Immigration and Nationality Act (8 U.S.C. | 11 | | 1101(a)(26))),
or that he or she is an alien who has | 12 | | been lawfully admitted to the United
States under a | 13 | | non-immigrant visa if that alien is:
| 14 | | (1) admitted to the United States for lawful | 15 | | hunting or sporting
purposes;
| 16 | | (2) an official representative of a foreign | 17 | | government who is:
| 18 | | (A) accredited to the United States | 19 | | Government or the Government's
mission to an | 20 | | international organization having its | 21 | | headquarters in the United
States; or
| 22 | | (B) en route to or from another country to | 23 | | which that alien is
accredited;
| 24 | | (3) an official of a foreign government or | 25 | | distinguished foreign
visitor who has been so | 26 | | designated by the Department of State;
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| 1 | | (4) a foreign law enforcement officer of a | 2 | | friendly foreign
government entering the United | 3 | | States on official business; or
| 4 | | (5) one who has received a waiver from the | 5 | | Attorney General of the
United States pursuant to | 6 | | 18 U.S.C. 922(y)(3);
| 7 | | (xii) He or she is not a minor subject to a | 8 | | petition filed
under Section 5-520 of the Juvenile | 9 | | Court Act of 1987 alleging that the
minor is a | 10 | | delinquent minor for the commission of an offense that | 11 | | if
committed by an adult would be a felony;
| 12 | | (xiii) He or she is not an adult who had been | 13 | | adjudicated a delinquent
minor under the Juvenile | 14 | | Court Act of 1987 for the commission of an offense
that | 15 | | if committed by an adult would be a felony;
| 16 | | (xiv) He or she is a resident of the State of | 17 | | Illinois; | 18 | | (xv) He or she has not been adjudicated as a person | 19 | | with a mental disability; | 20 | | (xvi) He or she has not been involuntarily admitted | 21 | | into a mental health facility; and | 22 | | (xvii) He or she is not a person with a | 23 | | developmental disability; and
| 24 | | (3) Upon request by the Department of State Police, | 25 | | sign a release on a
form prescribed by the Department of | 26 | | State Police waiving any right to
confidentiality and |
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| 1 | | requesting the disclosure to the Department of State Police
| 2 | | of limited mental health institution admission information | 3 | | from another state,
the District of Columbia, any other | 4 | | territory of the United States, or a
foreign nation | 5 | | concerning the applicant for the sole purpose of | 6 | | determining
whether the applicant is or was a patient in a | 7 | | mental health institution and
disqualified because of that | 8 | | status from receiving a Firearm Owner's
Identification | 9 | | Card. No mental health care or treatment records may be
| 10 | | requested. The information received shall be destroyed | 11 | | within one year of
receipt.
| 12 | | (a-5) Each applicant for a Firearm Owner's Identification | 13 | | Card who is over
the age of 18 shall furnish to the Department | 14 | | of State Police either his or
her Illinois driver's license | 15 | | number or Illinois Identification Card number, except as
| 16 | | provided in subsection (a-10).
| 17 | | (a-10) Each applicant for a Firearm Owner's Identification | 18 | | Card,
who is employed as a law enforcement officer, an armed | 19 | | security officer in Illinois, or by the United States Military
| 20 | | permanently assigned in Illinois and who is not an Illinois | 21 | | resident, shall furnish to
the Department of State Police his | 22 | | or her driver's license number or state
identification card | 23 | | number from his or her state of residence. The Department
of | 24 | | State Police may adopt rules to enforce the provisions of this
| 25 | | subsection (a-10).
| 26 | | (a-15) If an applicant applying for a Firearm Owner's |
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| 1 | | Identification Card moves from the residence address named in | 2 | | the application, he or she shall immediately notify in a form | 3 | | and manner prescribed by the Department of State Police of that | 4 | | change of address. | 5 | | (a-20) Each applicant for a Firearm Owner's Identification | 6 | | Card shall furnish to the Department of State Police his or her | 7 | | photograph. An applicant who is 21 years of age or older | 8 | | seeking a religious exemption to the photograph requirement | 9 | | must furnish with the application an approved copy of United | 10 | | States Department of the Treasury Internal Revenue Service Form | 11 | | 4029. In lieu of a photograph, an applicant regardless of age | 12 | | seeking a religious exemption to the photograph requirement | 13 | | shall submit fingerprints on a form and manner prescribed by | 14 | | the Department with his or her application. | 15 | | (b) Each application form shall include the following | 16 | | statement printed in
bold type: "Warning: Entering false | 17 | | information on an application for a Firearm
Owner's | 18 | | Identification Card is punishable as a Class 2 felony in | 19 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 20 | | Owners Identification Card
Act.".
| 21 | | (c) Upon such written consent, pursuant to Section 4, | 22 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 23 | | consent shall be liable for any
damages resulting from the | 24 | | applicant's use of firearms or firearm ammunition.
| 25 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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| 1 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 2 | | Sec. 8. Grounds for denial and revocation. The Department | 3 | | of State Police has authority to deny an
application for or to | 4 | | revoke and seize a Firearm Owner's Identification
Card | 5 | | previously issued under this Act only if the Department finds | 6 | | that the
applicant or the person to whom such card was issued | 7 | | is or was at the time
of issuance:
| 8 | | (a) A person under 21 years of age who has been | 9 | | convicted of a
misdemeanor other than a traffic offense or | 10 | | adjudged delinquent;
| 11 | | (b) A person under 21 years of age who is not an active | 12 | | duty member of the of the United States Armed Forces and | 13 | | does not have the written consent
of his parent or guardian | 14 | | to acquire and possess firearms and firearm
ammunition, or | 15 | | whose parent or guardian has revoked such written consent,
| 16 | | or where such parent or guardian does not qualify to have a | 17 | | Firearm Owner's
Identification Card;
| 18 | | (c) A person convicted of a felony under the laws of | 19 | | this or any other
jurisdiction;
| 20 | | (d) A person addicted to narcotics;
| 21 | | (e) A person who has been a patient of a mental health | 22 | | facility within the
past 5 years or a person who has been a | 23 | | patient in a mental health facility more than 5 years ago | 24 | | who has not received the certification required under | 25 | | subsection (u) of this Section. An active law enforcement | 26 | | officer employed by a unit of government who is denied, |
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| 1 | | revoked, or has his or her Firearm Owner's Identification | 2 | | Card seized under this subsection (e) may obtain relief as | 3 | | described in subsection (c-5) of Section 10 of this Act if | 4 | | the officer did not act in a manner threatening to the | 5 | | officer, another person, or the public as determined by the | 6 | | treating clinical psychologist or physician, and the | 7 | | officer seeks mental health treatment;
| 8 | | (f) A person whose mental condition is of such a nature | 9 | | that it poses
a clear and present danger to the applicant, | 10 | | any other person or persons or
the community;
| 11 | | (g) A person who has an intellectual disability;
| 12 | | (h) A person who intentionally makes a false statement | 13 | | in the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United | 15 | | States under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United | 17 | | States under a
non-immigrant visa (as that term is defined | 18 | | in Section 101(a)(26) of the
Immigration and Nationality | 19 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 20 | | (i-5) does not apply to any alien who has been lawfully | 21 | | admitted to
the United States under a non-immigrant visa if | 22 | | that alien is:
| 23 | | (1) admitted to the United States for lawful | 24 | | hunting or sporting purposes;
| 25 | | (2) an official representative of a foreign | 26 | | government who is:
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| 1 | | (A) accredited to the United States Government | 2 | | or the Government's
mission to an international | 3 | | organization having its headquarters in the United
| 4 | | States; or
| 5 | | (B) en route to or from another country to | 6 | | which that alien is
accredited;
| 7 | | (3) an official of a foreign government or | 8 | | distinguished foreign visitor
who has been so | 9 | | designated by the Department of State;
| 10 | | (4) a foreign law enforcement officer of a friendly | 11 | | foreign government
entering the United States on | 12 | | official business; or
| 13 | | (5) one who has received a waiver from the Attorney | 14 | | General of the United
States pursuant to 18 U.S.C. | 15 | | 922(y)(3);
| 16 | | (j) (Blank);
| 17 | | (k) A person who has been convicted within the past 5 | 18 | | years of battery,
assault, aggravated assault, violation | 19 | | of an order of protection, or a
substantially similar | 20 | | offense in another jurisdiction, in which a firearm was
| 21 | | used or possessed;
| 22 | | (l) A person who has been convicted of domestic | 23 | | battery, aggravated domestic battery, or a substantially
| 24 | | similar offense in another jurisdiction committed before, | 25 | | on or after January 1, 2012 (the effective date of Public | 26 | | Act 97-158). If the applicant or person who has been |
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| 1 | | previously issued a Firearm Owner's Identification Card | 2 | | under this Act knowingly and intelligently waives the right | 3 | | to have an offense described in this paragraph (l) tried by | 4 | | a jury, and by guilty plea or otherwise, results in a | 5 | | conviction for an offense in which a domestic relationship | 6 | | is not a required element of the offense but in which a | 7 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 8 | | is made under Section 112A-11.1 of the Code of Criminal | 9 | | Procedure of 1963, an entry by the court of a judgment of | 10 | | conviction for that offense shall be grounds for denying an | 11 | | application for and for revoking and seizing a Firearm | 12 | | Owner's Identification Card previously issued to the | 13 | | person under this Act;
| 14 | | (m) (Blank);
| 15 | | (n) A person who is prohibited from acquiring or | 16 | | possessing
firearms or firearm ammunition by any Illinois | 17 | | State statute or by federal
law;
| 18 | | (o) A minor subject to a petition filed under Section | 19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 20 | | minor is a delinquent minor for
the commission of an | 21 | | offense that if committed by an adult would be a felony;
| 22 | | (p) An adult who had been adjudicated a delinquent | 23 | | minor under the Juvenile
Court Act of 1987 for the | 24 | | commission of an offense that if committed by an
adult | 25 | | would be a felony;
| 26 | | (q) A person who is not a resident of the State of |
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| 1 | | Illinois, except as provided in subsection (a-10) of | 2 | | Section 4; | 3 | | (r) A person who has been adjudicated as a person with | 4 | | a mental disability; | 5 | | (s) A person who has been found to have a developmental | 6 | | disability; | 7 | | (t) A person involuntarily admitted into a mental | 8 | | health facility; or | 9 | | (u) A person who has had his or her Firearm Owner's | 10 | | Identification Card revoked or denied under subsection (e) | 11 | | of this Section or item (iv) of paragraph (2) of subsection | 12 | | (a) of Section 4 of this Act because he or she was a | 13 | | patient in a mental health facility as provided in | 14 | | subsection (e) of this Section, shall not be permitted to | 15 | | obtain a Firearm Owner's Identification Card, after the | 16 | | 5-year period has lapsed, unless he or she has received a | 17 | | mental health evaluation by a physician, clinical | 18 | | psychologist, or qualified examiner as those terms are | 19 | | defined in the Mental Health and Developmental | 20 | | Disabilities Code, and has received a certification that he | 21 | | or she is not a clear and present danger to himself, | 22 | | herself, or others. The physician, clinical psychologist, | 23 | | or qualified examiner making the certification and his or | 24 | | her employer shall not be held criminally, civilly, or | 25 | | professionally liable for making or not making the | 26 | | certification required under this subsection, except for |
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| 1 | | willful or wanton misconduct. This subsection does not | 2 | | apply to a person whose firearm possession rights have been | 3 | | restored through administrative or judicial action under | 4 | | Section 10 or 11 of this Act. | 5 | | Upon revocation of a person's Firearm Owner's | 6 | | Identification Card, the Department of State Police shall | 7 | | provide notice to the person and the person shall comply with | 8 | | Section 9.5 of this Act. | 9 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 10 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 11 | | Section 10. The Firearm Concealed Carry Act is amended by | 12 | | changing Sections 25 and 50 as follows: | 13 | | (430 ILCS 66/25)
| 14 | | Sec. 25. Qualifications for a license. | 15 | | The Department shall issue a license to an applicant | 16 | | completing an application in accordance with Section 30 of this | 17 | | Act if the person: | 18 | | (1) is at least 21 years of age or is an active duty | 19 | | member of the United States Armed Forces ; | 20 | | (2) has a currently valid Firearm Owner's | 21 | | Identification Card and at the time of application meets | 22 | | the requirements for the issuance of a Firearm Owner's | 23 | | Identification Card and is not prohibited under the Firearm | 24 | | Owners Identification Card Act or federal law from |
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| 1 | | possessing or receiving a firearm; | 2 | | (3) has not been convicted or found guilty in this | 3 | | State or in any other state of: | 4 | | (A) a misdemeanor involving the use or threat of | 5 | | physical force or violence to any person within the 5 | 6 | | years preceding the date of the license application; or | 7 | | (B) 2 or more violations related to driving while | 8 | | under the influence of alcohol, other drug or drugs, | 9 | | intoxicating compound or compounds, or any combination | 10 | | thereof, within the 5 years preceding the date of the | 11 | | license application; | 12 | | (4) is not the subject of a pending arrest warrant, | 13 | | prosecution, or proceeding for an offense or action that | 14 | | could lead to disqualification to own or possess a firearm; | 15 | | (5) has not been in residential or court-ordered | 16 | | treatment for alcoholism, alcohol detoxification, or drug | 17 | | treatment within the 5 years immediately preceding the date | 18 | | of the license application; and | 19 | | (6) has completed firearms training and any education | 20 | | component required under Section 75 of this Act.
| 21 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 22 | | (430 ILCS 66/50)
| 23 | | Sec. 50. License renewal. | 24 | | (a) This subsection (a) applies to applications for renewal | 25 | | of a license until the expiration of 180 days after the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly. Applications for renewal of a license shall be made | 3 | | to the Department. A license shall be renewed for a period of 5 | 4 | | years upon receipt of a completed renewal application, | 5 | | completion of 3 hours of training required under Section 75 of | 6 | | this Act, payment of the applicable renewal fee, and completion | 7 | | of an investigation under Section 35 of this Act. The renewal | 8 | | application shall contain the information required in Section | 9 | | 30 of this Act, except that the applicant need not resubmit a | 10 | | full set of fingerprints. | 11 | | (b) This subsection (b) applies to applications for renewal | 12 | | of a license after 180 days after the effective date of this | 13 | | amendatory Act of the 101st General Assembly. Applications for | 14 | | renewal of a license shall be made to the Department. A license | 15 | | shall be renewed for a period of 5 years from the date of | 16 | | expiration on the applicant's current license upon the receipt | 17 | | of a completed renewal application, completion of 3 hours of | 18 | | training required under Section 75 of this Act, payment of the | 19 | | applicable renewal fee, and completion of an investigation | 20 | | under Section 35 of this Act. The renewal application shall | 21 | | contain the information required in Section 30 of this Act, | 22 | | except that the applicant need not resubmit a full set of | 23 | | fingerprints.
| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 25 | | Section 15. The Firearm Dealer License Certification Act is |
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| 1 | | amended by changing Sections 5-5 and 5-25 as follows: | 2 | | (430 ILCS 68/5-5)
| 3 | | Sec. 5-5. Definitions. In this Act: | 4 | | "Certified licensee" means a licensee that has previously | 5 | | certified its license with the Department
under this Act. | 6 | | "Department" means the Department of State Police. | 7 | | "Director" means the Director of State Police. | 8 | | "Entity" means any person, firm, corporation, group of | 9 | | individuals, or other legal entity. | 10 | | "Inventory" means firearms in the possession of an | 11 | | individual or entity for the purpose of sale or
transfer.
| 12 | | "License" means a Federal Firearms License authorizing a | 13 | | person or entity to engage in the business of
dealing firearms.
| 14 | | "Licensee" means a person, firm, corporation, or other | 15 | | entity who has been given, and is currently in
possession of, a | 16 | | valid Federal Firearms License. | 17 | | "Retail location" means a store open to the public from | 18 | | which a certified licensee
engages in the business of selling, | 19 | | transferring, or facilitating a sale or transfer of a firearm.
| 20 | | For purposes of this Act, the World Shooting and Recreational | 21 | | Complex, a gun show , or similar event at which a certified | 22 | | licensee engages in business from time to time is not a retail | 23 | | location.
| 24 | | (Source: P.A. 100-1178, eff. 1-18-19.) |
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| 1 | | (430 ILCS 68/5-25)
| 2 | | Sec. 5-25. Exemptions. | 3 | | The provisions of this Act related
to the certification of | 4 | | a license do not apply to a
person or entity that engages in | 5 | | the following
activities: | 6 | | (1) temporary transfers of firearms solely for use at | 7 | | the
location or on the premises where the transfer takes | 8 | | place,
such as transfers at a shooting range for use at | 9 | | that location; | 10 | | (2) temporary transfers of firearms solely for use | 11 | | while in
the presence of the transferor or transfers for | 12 | | the
purposes of firearm safety training by a firearms | 13 | | safety training instructor; | 14 | | (3) transfers of firearms among immediate family or
| 15 | | household members, as "immediate family or household | 16 | | member" is
defined in Section 3-2.7-10 of the Unified Code | 17 | | of Corrections, provided that both the transferor and | 18 | | transferee have a currently valid Firearm Owner's | 19 | | Identification Card; however, this paragraph (3) does not | 20 | | limit the familial gift exemption under paragraph (2) of | 21 | | subsection (a-15) of Section 3 of the Firearm Owners | 22 | | Identification Card Act; | 23 | | (4) transfers by persons or entities acting under | 24 | | operation
of law or a court order; | 25 | | (5) transfers by persons or entities liquidating all or
| 26 | | part of a collection. For purposes of this paragraph (5),
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| 1 | | "collection" means 2 or more firearms which are of special
| 2 | | interest to collectors by reason of some quality other than | 3 | | is
associated with firearms intended for sporting use or as
| 4 | | offensive or defensive weapons; | 5 | | (6) transfers of firearms that have been rendered
| 6 | | permanently inoperable to a nonprofit historical society,
| 7 | | museum, or institutional collection; | 8 | | (7) transfers by a law enforcement or corrections | 9 | | agency or
a law enforcement or corrections officer acting | 10 | | within the
course and scope of his or her official duties; | 11 | | (8) transfers to a State or local law enforcement | 12 | | agency by a person who has his or her Firearm
Owner's | 13 | | Identification Card revoked; | 14 | | (9) transfers of curios and relics, as defined under
| 15 | | federal law, between collectors licensed under subsection | 16 | | (b)
of Section 923 of the federal Gun Control Act of 1968; | 17 | | (10) transfers by a person or entity licensed as an | 18 | | auctioneer under the Auction License Act; or | 19 | | (10.5) transfers of firearms to a resident registered | 20 | | competitor or attendee or non-resident registered | 21 | | competitor or attendee by a licensed federal firearms | 22 | | dealer under Section 923 of the federal Gun Control Act of | 23 | | 1968 at a competitive shooting event held at the World | 24 | | Shooting and Recreational Complex that is sanctioned by a | 25 | | national governing body; or | 26 | | (11) transfers between a pawnshop and a customer which |
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| 1 | | amount to a bailment. For purposes of this paragraph (11), | 2 | | "bailment" means the act of placing property in the custody | 3 | | and control of another, by agreement in which the holder is | 4 | | responsible for the safekeeping and return of the property.
| 5 | | (Source: P.A. 100-1178, eff. 1-18-19.)
| 6 | | Section 20. The Wildlife Code is amended by adding Section | 7 | | 3.4b as follows: | 8 | | (520 ILCS 5/3.4b new) | 9 | | Sec. 3.4b. Concealed firearm exemption. A current or | 10 | | retired law enforcement officer authorized by law to possess a | 11 | | concealed firearm shall be exempt from the provisions of this | 12 | | Code prohibiting possession of those firearms. However, | 13 | | nothing in this Section authorizes the use of those firearms | 14 | | except as authorized by law. | 15 | | Section 25. The Criminal Code of 2012 is amended by | 16 | | changing Sections 14-3 and 24-2 as follows:"; and | 17 | | on page 18, by inserting immediately below line 3 the | 18 | | following:
| 19 | | "(720 ILCS 5/24-2)
| 20 | | Sec. 24-2. Exemptions.
| 21 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
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| 1 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 2 | | the following:
| 3 | | (1) Peace officers, and any person summoned by a peace | 4 | | officer to
assist in making arrests or preserving the | 5 | | peace, while actually engaged in
assisting such officer.
| 6 | | (2) Wardens, superintendents and keepers of prisons,
| 7 | | penitentiaries, jails and other institutions for the | 8 | | detention of persons
accused or convicted of an offense, | 9 | | while in the performance of their
official duty, or while | 10 | | commuting between their homes and places of employment.
| 11 | | (3) Members of the Armed Services or Reserve Forces of | 12 | | the United States
or the Illinois National Guard or the | 13 | | Reserve Officers Training Corps,
while in the performance | 14 | | of their official duty.
| 15 | | (4) Special agents employed by a railroad or a public | 16 | | utility to
perform police functions, and guards of armored | 17 | | car companies, while
actually engaged in the performance of | 18 | | the duties of their employment or
commuting between their | 19 | | homes and places of employment; and watchmen
while actually | 20 | | engaged in the performance of the duties of their | 21 | | employment.
| 22 | | (5) Persons licensed as private security contractors, | 23 | | private
detectives, or private alarm contractors, or | 24 | | employed by a private security contractor, private | 25 | | detective, or private alarm contractor agency licensed
by | 26 | | the Department of Financial and Professional Regulation, |
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| 1 | | if their duties
include the carrying of a weapon under the | 2 | | provisions of the Private
Detective, Private Alarm,
| 3 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 4 | | 2004,
while actually
engaged in the performance of the | 5 | | duties of their employment or commuting
between their homes | 6 | | and places of employment. A person shall be considered | 7 | | eligible for this
exemption if he or she has completed the | 8 | | required 20
hours of training for a private security | 9 | | contractor, private
detective, or private alarm | 10 | | contractor, or employee of a licensed private security | 11 | | contractor, private detective, or private alarm contractor | 12 | | agency and 20 hours of required firearm
training, and has | 13 | | been issued a firearm control card by
the Department of | 14 | | Financial and Professional Regulation. Conditions for the | 15 | | renewal of
firearm control cards issued under the | 16 | | provisions of this Section
shall be the same as for those | 17 | | cards issued under the provisions of the
Private Detective, | 18 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 19 | | Locksmith Act of 2004. The
firearm control card shall be | 20 | | carried by the private security contractor, private
| 21 | | detective, or private alarm contractor, or employee of the | 22 | | licensed private security contractor, private detective, | 23 | | or private alarm contractor agency at all
times when he or | 24 | | she is in possession of a concealable weapon permitted by | 25 | | his or her firearm control card.
| 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 | 7 | | registered with the Department of Financial and | 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
Financial and | 11 | | Professional Regulation, consisting of not less than 40 | 12 | | hours of training
that includes the theory of law | 13 | | enforcement, liability for acts, and the
handling of | 14 | | weapons. A person shall be considered eligible for this
| 15 | | exemption if he or she has completed the required 20
hours | 16 | | of training for a security officer and 20 hours of required | 17 | | firearm
training, and has been issued a firearm control | 18 | | card by
the Department of Financial and Professional | 19 | | Regulation. Conditions for the renewal of
firearm control | 20 | | cards issued under the provisions of this Section
shall be | 21 | | the same as for those cards issued under the provisions of | 22 | | the
Private Detective, Private Alarm,
Private Security, | 23 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 24 | | control card shall be carried by the security guard at all
| 25 | | times when he or she is in possession of a concealable | 26 | | weapon permitted by his or her firearm control card.
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| 1 | | (7) Agents and investigators of the Illinois | 2 | | Legislative Investigating
Commission authorized by the | 3 | | Commission to carry the weapons specified in
subsections | 4 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 5 | | any investigation for the Commission.
| 6 | | (8) Persons employed by a financial institution as a | 7 | | security guard for the protection of
other employees and | 8 | | property related to such financial institution, while
| 9 | | actually engaged in the performance of their duties, | 10 | | commuting between
their homes and places of employment, or | 11 | | traveling between sites or
properties owned or operated by | 12 | | such financial institution, and who, as a security guard, | 13 | | is a member of a security force registered with the | 14 | | Department; provided that
any person so employed has | 15 | | successfully completed a course of study,
approved by and | 16 | | supervised by the Department of Financial and Professional | 17 | | Regulation,
consisting of not less than 40 hours of | 18 | | training which includes theory of
law enforcement, | 19 | | liability for acts, and the handling of weapons.
A person | 20 | | shall be considered to be eligible for this exemption if he | 21 | | or
she has completed the required 20 hours of training for | 22 | | a security officer
and 20 hours of required firearm | 23 | | training, and has been issued a
firearm control card by the | 24 | | Department of Financial and Professional Regulation.
| 25 | | Conditions for renewal of firearm control cards issued | 26 | | under the
provisions of this Section shall be the same as |
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| 1 | | for those issued under the
provisions of the Private | 2 | | Detective, Private Alarm,
Private Security, Fingerprint | 3 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 4 | | shall be carried by the security guard at all times when he | 5 | | or she is in possession of a concealable
weapon permitted | 6 | | by his or her firearm control card. For purposes of this | 7 | | subsection, "financial institution" means a
bank, savings | 8 | | and loan association, credit union or company providing
| 9 | | armored car services.
| 10 | | (9) Any person employed by an armored car company to | 11 | | drive an armored
car, while actually engaged in the | 12 | | performance of his duties.
| 13 | | (10) Persons who have been classified as peace officers | 14 | | pursuant
to the Peace Officer Fire Investigation Act.
| 15 | | (11) Investigators of the Office of the State's | 16 | | Attorneys Appellate
Prosecutor authorized by the board of | 17 | | governors of the Office of the
State's Attorneys Appellate | 18 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 19 | | State's Attorneys Appellate Prosecutor's Act.
| 20 | | (12) Special investigators appointed by a State's | 21 | | Attorney under
Section 3-9005 of the Counties Code.
| 22 | | (12.5) Probation officers while in the performance of | 23 | | their duties, or
while commuting between their homes, | 24 | | places of employment or specific locations
that are part of | 25 | | their assigned duties, with the consent of the chief judge | 26 | | of
the circuit for which they are employed, if they have |
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| 1 | | received weapons training according
to requirements of the | 2 | | Peace Officer and Probation Officer Firearm Training Act.
| 3 | | (13) Court Security Officers while in the performance | 4 | | of their official
duties, or while commuting between their | 5 | | homes and places of employment, with
the
consent of the | 6 | | Sheriff.
| 7 | | (13.5) A person employed as an armed security guard at | 8 | | a nuclear energy,
storage, weapons or development site or | 9 | | facility regulated by the Nuclear
Regulatory Commission | 10 | | who has completed the background screening and training
| 11 | | mandated by the rules and regulations of the Nuclear | 12 | | Regulatory Commission.
| 13 | | (14) Manufacture, transportation, or sale of weapons | 14 | | to
persons
authorized under subdivisions (1) through | 15 | | (13.5) of this
subsection
to
possess those weapons.
| 16 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 17 | | to
or affect any person carrying a concealed pistol, revolver, | 18 | | or handgun and the person has been issued a currently valid | 19 | | license under the Firearm Concealed Carry Act at the time of | 20 | | the commission of the offense. A qualified current or retired | 21 | | law enforcement officer qualified under the laws of this State | 22 | | and under the federal Law Enforcement Officers Safety Act is | 23 | | not subject to the Firearm Concealed Carry Act. | 24 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 25 | | 24-1.6 do not
apply to or affect
any of the following:
| 26 | | (1) Members of any club or organization organized for |
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| 1 | | the purpose of
practicing shooting at targets upon | 2 | | established target ranges, whether
public or private, and | 3 | | patrons of such ranges, while such members
or patrons are | 4 | | using their firearms on those target ranges.
| 5 | | (2) Duly authorized military or civil organizations | 6 | | while parading,
with the special permission of the | 7 | | Governor.
| 8 | | (3) Hunters, trappers or fishermen with a license or
| 9 | | permit while engaged in hunting,
trapping or fishing.
| 10 | | (4) Transportation of weapons that are broken down in a
| 11 | | non-functioning state or are not immediately accessible.
| 12 | | (5) Carrying or possessing any pistol, revolver, stun | 13 | | gun or taser or other firearm on the land or in the legal | 14 | | dwelling of another person as an invitee with that person's | 15 | | permission. | 16 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 17 | | of the
following:
| 18 | | (1) Peace officers while in performance of their | 19 | | official duties.
| 20 | | (2) Wardens, superintendents and keepers of prisons, | 21 | | penitentiaries,
jails and other institutions for the | 22 | | detention of persons accused or
convicted of an offense.
| 23 | | (3) Members of the Armed Services or Reserve Forces of | 24 | | the United States
or the Illinois National Guard, while in | 25 | | the performance of their official
duty.
| 26 | | (4) Manufacture, transportation, or sale of machine |
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| 1 | | guns to persons
authorized under subdivisions (1) through | 2 | | (3) of this subsection to
possess machine guns, if the | 3 | | machine guns are broken down in a
non-functioning state or | 4 | | are not immediately accessible.
| 5 | | (5) Persons licensed under federal law to manufacture | 6 | | any weapon from
which 8 or more shots or bullets can be | 7 | | discharged by a
single function of the firing device, or | 8 | | ammunition for such weapons, and
actually engaged in the | 9 | | business of manufacturing such weapons or
ammunition, but | 10 | | only with respect to activities which are within the lawful
| 11 | | scope of such business, such as the manufacture, | 12 | | transportation, or testing
of such weapons or ammunition. | 13 | | This exemption does not authorize the
general private | 14 | | possession of any weapon from which 8 or more
shots or | 15 | | bullets can be discharged by a single function of the | 16 | | firing
device, but only such possession and activities as | 17 | | are within the lawful
scope of a licensed manufacturing | 18 | | business described in this paragraph.
| 19 | | During transportation, such weapons shall be broken | 20 | | down in a
non-functioning state or not immediately | 21 | | accessible.
| 22 | | (6) The manufacture, transport, testing, delivery, | 23 | | transfer or sale,
and all lawful commercial or experimental | 24 | | activities necessary thereto, of
rifles, shotguns, and | 25 | | weapons made from rifles or shotguns,
or ammunition for | 26 | | such rifles, shotguns or weapons, where engaged in
by a |
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| 1 | | person operating as a contractor or subcontractor pursuant | 2 | | to a
contract or subcontract for the development and supply | 3 | | of such rifles,
shotguns, weapons or ammunition to the | 4 | | United States government or any
branch of the Armed Forces | 5 | | of the United States, when such activities are
necessary | 6 | | and incident to fulfilling the terms of such contract.
| 7 | | The exemption granted under this subdivision (c)(6)
| 8 | | shall also apply to any authorized agent of any such | 9 | | contractor or
subcontractor who is operating within the | 10 | | scope of his employment, where
such activities involving | 11 | | such weapon, weapons or ammunition are necessary
and | 12 | | incident to fulfilling the terms of such contract.
| 13 | | (7) A person possessing a rifle with a barrel or | 14 | | barrels less than 16 inches in length if: (A) the person | 15 | | has been issued a Curios and Relics license from the U.S. | 16 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 17 | | the person is an active member of a bona fide, nationally | 18 | | recognized military re-enacting group and the modification | 19 | | is required and necessary to accurately portray the weapon | 20 | | for historical re-enactment purposes; the re-enactor is in | 21 | | possession of a valid and current re-enacting group | 22 | | membership credential; and the overall length of the weapon | 23 | | as modified is not less than 26 inches. | 24 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 25 | | possession
or carrying of a black-jack or slung-shot by a peace | 26 | | officer.
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| 1 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 2 | | manager or
authorized employee of any place specified in that | 3 | | subsection nor to any
law enforcement officer.
| 4 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 5 | | Section 24-1.6
do not apply
to members of any club or | 6 | | organization organized for the purpose of practicing
shooting | 7 | | at targets upon established target ranges, whether public or | 8 | | private,
while using their firearms on those target ranges.
| 9 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 10 | | to:
| 11 | | (1) Members of the Armed Services or Reserve Forces of | 12 | | the United
States or the Illinois National Guard, while in | 13 | | the performance of their
official duty.
| 14 | | (2) Bonafide collectors of antique or surplus military | 15 | | ordnance.
| 16 | | (3) Laboratories having a department of forensic | 17 | | ballistics, or
specializing in the development of | 18 | | ammunition or explosive ordnance.
| 19 | | (4) Commerce, preparation, assembly or possession of | 20 | | explosive
bullets by manufacturers of ammunition licensed | 21 | | by the federal government,
in connection with the supply of | 22 | | those organizations and persons exempted
by subdivision | 23 | | (g)(1) of this Section, or like organizations and persons
| 24 | | outside this State, or the transportation of explosive | 25 | | bullets to any
organization or person exempted in this | 26 | | Section by a common carrier or by a
vehicle owned or leased |
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| 1 | | by an exempted manufacturer.
| 2 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 3 | | persons licensed
under federal law to manufacture any device or | 4 | | attachment of any kind designed,
used, or intended for use in | 5 | | silencing the report of any firearm, firearms, or
ammunition
| 6 | | for those firearms equipped with those devices, and actually | 7 | | engaged in the
business of manufacturing those devices, | 8 | | firearms, or ammunition, but only with
respect to
activities | 9 | | that are within the lawful scope of that business, such as the
| 10 | | manufacture, transportation, or testing of those devices, | 11 | | firearms, or
ammunition. This
exemption does not authorize the | 12 | | general private possession of any device or
attachment of any | 13 | | kind designed, used, or intended for use in silencing the
| 14 | | report of any firearm, but only such possession and activities | 15 | | as are within
the
lawful scope of a licensed manufacturing | 16 | | business described in this subsection
(g-5). During | 17 | | transportation, these devices shall be detached from any weapon
| 18 | | or
not immediately accessible.
| 19 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 20 | | 24-1.6 do not apply to
or affect any parole agent or parole | 21 | | supervisor who meets the qualifications and conditions | 22 | | prescribed in Section 3-14-1.5 of the Unified Code of | 23 | | Corrections. | 24 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 25 | | officer while serving as a member of a tactical response team | 26 | | or special operations team. A peace officer may not personally |
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| 1 | | own or apply for ownership of a device or attachment of any | 2 | | kind designed, used, or intended for use in silencing the | 3 | | report of any firearm. These devices shall be owned and | 4 | | maintained by lawfully recognized units of government whose | 5 | | duties include the investigation of criminal acts. | 6 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 7 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 8 | | athlete's possession, transport on official Olympic and | 9 | | Paralympic transit systems established for athletes, or use of | 10 | | competition firearms sanctioned by the International Olympic | 11 | | Committee, the International Paralympic Committee, the | 12 | | International Shooting Sport Federation, or USA Shooting in | 13 | | connection with such athlete's training for and participation | 14 | | in shooting competitions at the 2016 Olympic and Paralympic | 15 | | Games and sanctioned test events leading up to the 2016 Olympic | 16 | | and Paralympic Games. | 17 | | (h) An information or indictment based upon a violation of | 18 | | any
subsection of this Article need not negative any exemptions | 19 | | contained in
this Article. The defendant shall have the burden | 20 | | of proving such an
exemption.
| 21 | | (i) Nothing in this Article shall prohibit, apply to, or | 22 | | affect
the transportation, carrying, or possession, of any | 23 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 24 | | to a common carrier operating
under license of the State of | 25 | | Illinois or the federal government, where
such transportation, | 26 | | carrying, or possession is incident to the lawful
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| 1 | | transportation in which such common carrier is engaged; and | 2 | | nothing in this
Article shall prohibit, apply to, or affect the | 3 | | transportation, carrying,
or possession of any pistol, | 4 | | revolver, stun gun, taser, or other firearm,
not the subject of | 5 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 6 | | this Article, which is unloaded and enclosed in a case, firearm
| 7 | | carrying box, shipping box, or other container, by the | 8 | | possessor of a valid
Firearm Owners Identification Card.
| 9 | | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".
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