Illinois General Assembly - Full Text of HB4667
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Full Text of HB4667  102nd General Assembly

HB4667enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4667 EnrolledLRB102 24195 AMQ 33423 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance
3    of the duties of their employment or commuting between
4    their homes and places of employment; and watchmen while
5    actually engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their
17    homes and places of employment. A person shall be
18    considered eligible for this exemption if he or she has
19    completed the required 20 hours of training for a private
20    security contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 28 hours of required firearm training, and has
24    been issued a firearm control card by the Department of
25    Financial and Professional Regulation. Conditions for the
26    renewal of firearm control cards issued under the

 

 

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1    provisions of this Section shall be the same as for those
2    cards issued under the provisions of the Private
3    Detective, Private Alarm, Private Security, Fingerprint
4    Vendor, and Locksmith Act of 2004. The firearm control
5    card shall be carried by the private security contractor,
6    private detective, or private alarm contractor, or
7    employee of the licensed private security contractor,
8    private detective, or private alarm contractor agency at
9    all times when he or she is in possession of a concealable
10    weapon permitted by his or her firearm control card.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the
13    protection of persons employed and private property
14    related to such commercial or industrial operation, while
15    actually engaged in the performance of his or her duty or
16    traveling between sites or properties belonging to the
17    employer, and who, as a security guard, is a member of a
18    security force registered with the Department of Financial
19    and Professional Regulation; provided that such security
20    guard has successfully completed a course of study,
21    approved by and supervised by the Department of Financial
22    and Professional Regulation, consisting of not less than
23    48 hours of training that includes the theory of law
24    enforcement, liability for acts, and the handling of
25    weapons. A person shall be considered eligible for this
26    exemption if he or she has completed the required 20 hours

 

 

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1    of training for a security officer and 28 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

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1    successfully completed a course of study, approved by and
2    supervised by the Department of Financial and Professional
3    Regulation, consisting of not less than 48 hours of
4    training which includes theory of law enforcement,
5    liability for acts, and the handling of weapons. A person
6    shall be considered to be eligible for this exemption if
7    he or she has completed the required 20 hours of training
8    for a security officer and 28 hours of required firearm
9    training, and has been issued a firearm control card by
10    the Department of Financial and Professional Regulation.
11    Conditions for renewal of firearm control cards issued
12    under the provisions of this Section shall be the same as
13    for those issued under the provisions of the Private
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control
16    card shall be carried by the security guard at all times
17    when he or she is in possession of a concealable weapon
18    permitted by his or her firearm control card. For purposes
19    of this subsection, "financial institution" means a bank,
20    savings and loan association, credit union or company
21    providing armored car services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace
26    officers pursuant to the Peace Officer Fire Investigation

 

 

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

 

 

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1        (14) Manufacture, transportation, or sale of weapons
2    to persons authorized under subdivisions (1) through
3    (13.5) of this subsection to possess those weapons.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect any person carrying a concealed pistol, revolver,
6or handgun and the person has been issued a currently valid
7license under the Firearm Concealed Carry Act at the time of
8the commission of the offense.
9     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect a qualified current or retired law enforcement
11officer or a current or retired deputy, county correctional
12officer, or correctional officer of the Department of
13Corrections qualified under the laws of this State or under
14the federal Law Enforcement Officers Safety Act.
15    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any of the following:
17        (1) Members of any club or organization organized for
18    the purpose of practicing shooting at targets upon
19    established target ranges, whether public or private, and
20    patrons of such ranges, while such members or patrons are
21    using their firearms on those target ranges.
22        (2) Duly authorized military or civil organizations
23    while parading, with the special permission of the
24    Governor.
25        (3) Hunters, trappers or fishermen with a license or
26    permit while engaged in hunting, trapping or fishing.

 

 

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1        (4) Transportation of weapons that are broken down in
2    a non-functioning state or are not immediately accessible.
3        (5) Carrying or possessing any pistol, revolver, stun
4    gun or taser or other firearm on the land or in the legal
5    dwelling of another person as an invitee with that
6    person's permission.
7    (c) Subsection 24-1(a)(7) does not apply to or affect any
8of the following:
9        (1) Peace officers while in performance of their
10    official duties.
11        (2) Wardens, superintendents and keepers of prisons,
12    penitentiaries, jails and other institutions for the
13    detention of persons accused or convicted of an offense.
14        (3) 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        (4) Manufacture, transportation, or sale of machine
18    guns to persons authorized under subdivisions (1) through
19    (3) of this subsection to possess machine guns, if the
20    machine guns are broken down in a non-functioning state or
21    are not immediately accessible.
22        (5) Persons licensed under federal law to manufacture
23    any weapon from which 8 or more shots or bullets can be
24    discharged by a single function of the firing device, or
25    ammunition for such weapons, and actually engaged in the
26    business of manufacturing such weapons or ammunition, but

 

 

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

 

 

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1    contractor or subcontractor who is operating within the
2    scope of his employment, where such activities involving
3    such weapon, weapons or ammunition are necessary and
4    incident to fulfilling the terms of such contract.
5        (7) A person possessing a rifle with a barrel or
6    barrels less than 16 inches in length if: (A) the person
7    has been issued a Curios and Relics license from the U.S.
8    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
9    (B) the person is an active member of a bona fide,
10    nationally recognized military re-enacting group and the
11    modification is required and necessary to accurately
12    portray the weapon for historical re-enactment purposes;
13    the re-enactor is in possession of a valid and current
14    re-enacting group membership credential; and the overall
15    length of the weapon as modified is not less than 26
16    inches.
17    (d) Subsection 24-1(a)(1) does not apply to the purchase,
18possession or carrying of a black-jack or slung-shot by a
19peace officer.
20    (e) Subsection 24-1(a)(8) does not apply to any owner,
21manager or authorized employee of any place specified in that
22subsection nor to any law enforcement officer.
23    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
24Section 24-1.6 do not apply to members of any club or
25organization organized for the purpose of practicing shooting
26at targets upon established target ranges, whether public or

 

 

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1private, while using their firearms on those target ranges.
2    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
3to:
4        (1) 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        (2) Bonafide collectors of antique or surplus military
8    ordnance.
9        (3) Laboratories having a department of forensic
10    ballistics, or specializing in the development of
11    ammunition or explosive ordnance.
12        (4) Commerce, preparation, assembly or possession of
13    explosive bullets by manufacturers of ammunition licensed
14    by the federal government, in connection with the supply
15    of those organizations and persons exempted by subdivision
16    (g)(1) of this Section, or like organizations and persons
17    outside this State, or the transportation of explosive
18    bullets to any organization or person exempted in this
19    Section by a common carrier or by a vehicle owned or leased
20    by an exempted manufacturer.
21    (g-5) Subsection 24-1(a)(6) does not apply to or affect
22persons licensed under federal law to manufacture any device
23or attachment of any kind designed, used, or intended for use
24in silencing the report of any firearm, firearms, or
25ammunition for those firearms equipped with those devices, and
26actually engaged in the business of manufacturing those

 

 

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1devices, firearms, or ammunition, but only with respect to
2activities that are within the lawful scope of that business,
3such as the manufacture, transportation, or testing of those
4devices, firearms, or ammunition. This exemption does not
5authorize the general private possession of any device or
6attachment of any kind designed, used, or intended for use in
7silencing the report of any firearm, but only such possession
8and activities as are within the lawful scope of a licensed
9manufacturing business described in this subsection (g-5).
10During transportation, these devices shall be detached from
11any weapon or not immediately accessible.
12    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 do not apply to or affect any parole agent or parole
14supervisor who meets the qualifications and conditions
15prescribed in Section 3-14-1.5 of the Unified Code of
16Corrections.
17    (g-7) Subsection 24-1(a)(6) does not apply to a peace
18officer while serving as a member of a tactical response team
19or special operations team. A peace officer may not personally
20own or apply for ownership of a device or attachment of any
21kind designed, used, or intended for use in silencing the
22report of any firearm. These devices shall be owned and
23maintained by lawfully recognized units of government whose
24duties include the investigation of criminal acts.
25    (g-10) (Blank).
26    (h) An information or indictment based upon a violation of

 

 

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1any subsection of this Article need not negative any
2exemptions contained in this Article. The defendant shall have
3the burden of proving such an exemption.
4    (i) Nothing in this Article shall prohibit, apply to, or
5affect the transportation, carrying, or possession, of any
6pistol or revolver, stun gun, taser, or other firearm
7consigned to a common carrier operating under license of the
8State of Illinois or the federal government, where such
9transportation, carrying, or possession is incident to the
10lawful transportation in which such common carrier is engaged;
11and nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession of any
13pistol, revolver, stun gun, taser, or other firearm, not the
14subject of and regulated by subsection 24-1(a)(7) or
15subsection 24-2(c) of this Article, which is unloaded and
16enclosed in a case, firearm carrying box, shipping box, or
17other container, by the possessor of a valid Firearm Owners
18Identification Card.
19(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
20    Section 10. The Unified Code of Corrections is amended by
21adding Section 3-2-14 as follows:
 
22    (730 ILCS 5/3-2-14 new)
23    Sec. 3-2-14. Correctional officers of the Department of
24Corrections; coverage under the federal Law Enforcement

 

 

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1Officers Safety Act of 2004. Correctional officers of the
2Department of Corrections shall be deemed to be qualified law
3enforcement officers or, for retired correctional officers of
4the Department of Corrections, shall be deemed qualified
5retired or separated law enforcement officers in Illinois for
6purposes of coverage under the federal Law Enforcement
7Officers Safety Act of 2004 and shall have all rights and
8privileges granted by that Act if the correctional officer or
9retired correctional officer is otherwise compliant with the
10applicable laws of this State governing the implementation and
11administration of the federal Law Enforcement Officers Safety
12Act of 2004 in the State of Illinois.
 
13    Section 15. The County Jail Act is amended by adding
14Section 26.1 as follows:
 
15    (730 ILCS 125/26.1 new)
16    Sec. 26.1. Deputies and county correctional officers;
17coverage under the federal Law Enforcement Officers Safety Act
18of 2004. Deputies and county correctional officers shall be
19deemed to be qualified law enforcement officers or, if
20retired, shall be deemed qualified retired or separated law
21enforcement officers in Illinois for purposes of coverage
22under the federal Law Enforcement Officers Safety Act of 2004
23and shall have all rights and privileges granted by that Act if
24the deputy or county correctional officer or retired deputy or

 

 

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1county correctional officer is otherwise compliant with the
2applicable laws of this State governing the implementation and
3administration of the federal Law Enforcement Officers Safety
4Act of 2004 in the State of Illinois.