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

HB4667sam001 102ND GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 4/6/2022

 

 


 

 


 
10200HB4667sam001LRB102 24195 HEP 38816 a

1
AMENDMENT TO HOUSE BILL 4667

2    AMENDMENT NO. ______. Amend House Bill 4667 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1    while in the performance of their official duty, or while
2    commuting between their homes and places of employment.
3        (3) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard or the
5    Reserve Officers Training Corps, while in the performance
6    of their official duty.
7        (4) Special agents employed by a railroad or a public
8    utility to perform police functions, and guards of armored
9    car companies, while actually engaged in the performance
10    of the duties of their employment or commuting between
11    their homes and places of employment; and watchmen while
12    actually engaged in the performance of the duties of their
13    employment.
14        (5) Persons licensed as private security contractors,
15    private detectives, or private alarm contractors, or
16    employed by a private security contractor, private
17    detective, or private alarm contractor agency licensed by
18    the Department of Financial and Professional Regulation,
19    if their duties include the carrying of a weapon under the
20    provisions of the Private Detective, Private Alarm,
21    Private Security, Fingerprint Vendor, and Locksmith Act of
22    2004, while actually engaged in the performance of the
23    duties of their employment or commuting between their
24    homes and places of employment. A person shall be
25    considered eligible for this exemption if he or she has
26    completed the required 20 hours of training for a private

 

 

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1    security contractor, private detective, or private alarm
2    contractor, or employee of a licensed private security
3    contractor, private detective, or private alarm contractor
4    agency and 28 hours of required firearm training, and has
5    been issued a firearm control card by the Department of
6    Financial and Professional Regulation. Conditions for the
7    renewal of firearm control cards issued under the
8    provisions of this Section shall be the same as for those
9    cards issued under the provisions of the Private
10    Detective, Private Alarm, Private Security, Fingerprint
11    Vendor, and Locksmith Act of 2004. The firearm control
12    card shall be carried by the private security contractor,
13    private detective, or private alarm contractor, or
14    employee of the licensed private security contractor,
15    private detective, or private alarm contractor agency at
16    all times when he or she is in possession of a concealable
17    weapon permitted by his or her firearm control card.
18        (6) Any person regularly employed in a commercial or
19    industrial operation as a security guard for the
20    protection of persons employed and private property
21    related to such commercial or industrial operation, while
22    actually engaged in the performance of his or her duty or
23    traveling between sites or properties belonging to the
24    employer, and who, as a security guard, is a member of a
25    security force registered with the Department of Financial
26    and Professional Regulation; provided that such security

 

 

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1    guard has successfully completed a course of study,
2    approved by and supervised by the Department of Financial
3    and Professional Regulation, consisting of not less than
4    48 hours of training that includes the theory of law
5    enforcement, liability for acts, and the handling of
6    weapons. A person shall be considered eligible for this
7    exemption if he or she has completed the required 20 hours
8    of training for a security officer and 28 hours of
9    required firearm training, and has been issued a firearm
10    control card by the Department of Financial and
11    Professional Regulation. Conditions for the renewal of
12    firearm control cards issued under the provisions of this
13    Section shall be the same as for those cards issued under
14    the provisions of the Private Detective, Private Alarm,
15    Private Security, Fingerprint Vendor, and Locksmith Act of
16    2004. The firearm control card shall be carried by the
17    security guard at all times when he or she is in possession
18    of a concealable weapon permitted by his or her firearm
19    control card.
20        (7) Agents and investigators of the Illinois
21    Legislative Investigating Commission authorized by the
22    Commission to carry the weapons specified in subsections
23    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
24    any investigation for the Commission.
25        (8) Persons employed by a financial institution as a
26    security guard for the protection of other employees and

 

 

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1    property related to such financial institution, while
2    actually engaged in the performance of their duties,
3    commuting between their homes and places of employment, or
4    traveling between sites or properties owned or operated by
5    such financial institution, and who, as a security guard,
6    is a member of a security force registered with the
7    Department; provided that any person so employed has
8    successfully completed a course of study, approved by and
9    supervised by the Department of Financial and Professional
10    Regulation, consisting of not less than 48 hours of
11    training which includes theory of law enforcement,
12    liability for acts, and the handling of weapons. A person
13    shall be considered to be eligible for this exemption if
14    he or she has completed the required 20 hours of training
15    for a security officer and 28 hours of required firearm
16    training, and has been issued a firearm control card by
17    the Department of Financial and Professional Regulation.
18    Conditions for renewal of firearm control cards issued
19    under the provisions of this Section shall be the same as
20    for those issued under the provisions of the Private
21    Detective, Private Alarm, Private Security, Fingerprint
22    Vendor, and Locksmith Act of 2004. The firearm control
23    card shall be carried by the security guard at all times
24    when he or she is in possession of a concealable weapon
25    permitted by his or her firearm control card. For purposes
26    of this subsection, "financial institution" means a bank,

 

 

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

 

 

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1    Sheriff.
2        (13.5) A person employed as an armed security guard at
3    a nuclear energy, storage, weapons or development site or
4    facility regulated by the Nuclear Regulatory Commission
5    who has completed the background screening and training
6    mandated by the rules and regulations of the Nuclear
7    Regulatory Commission.
8        (14) Manufacture, transportation, or sale of weapons
9    to persons authorized under subdivisions (1) through
10    (13.5) of this subsection to possess those weapons.
11    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
12to or affect any person carrying a concealed pistol, revolver,
13or handgun and the person has been issued a currently valid
14license under the Firearm Concealed Carry Act at the time of
15the commission of the offense.
16     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
17to or affect a qualified current or retired law enforcement
18officer or a current or retired deputy, county correctional
19officer, or correctional officer of the Department of
20Corrections qualified under the laws of this State or under
21the federal Law Enforcement Officers Safety Act.
22    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any of the following:
24        (1) Members of any club or organization organized for
25    the purpose of practicing shooting at targets upon
26    established target ranges, whether public or private, and

 

 

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1    patrons of such ranges, while such members or patrons are
2    using their firearms on those target ranges.
3        (2) Duly authorized military or civil organizations
4    while parading, with the special permission of the
5    Governor.
6        (3) Hunters, trappers or fishermen with a license or
7    permit while engaged in hunting, trapping or fishing.
8        (4) Transportation of weapons that are broken down in
9    a non-functioning state or are not immediately accessible.
10        (5) Carrying or possessing any pistol, revolver, stun
11    gun or taser or other firearm on the land or in the legal
12    dwelling of another person as an invitee with that
13    person's permission.
14    (c) Subsection 24-1(a)(7) does not apply to or affect any
15of the following:
16        (1) Peace officers while in performance of their
17    official duties.
18        (2) Wardens, superintendents and keepers of prisons,
19    penitentiaries, jails and other institutions for the
20    detention of persons accused or convicted of an offense.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard, while in
23    the performance of their official duty.
24        (4) Manufacture, transportation, or sale of machine
25    guns to persons authorized under subdivisions (1) through
26    (3) of this subsection to possess machine guns, if the

 

 

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

 

 

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1    the development and supply of such rifles, shotguns,
2    weapons or ammunition to the United States government or
3    any branch of the Armed Forces of the United States, when
4    such activities are necessary and incident to fulfilling
5    the terms of such contract.
6        The exemption granted under this subdivision (c)(6)
7    shall also apply to any authorized agent of any such
8    contractor or subcontractor who is operating within the
9    scope of his employment, where such activities involving
10    such weapon, weapons or ammunition are necessary and
11    incident to fulfilling the terms of such contract.
12        (7) A person possessing a rifle with a barrel or
13    barrels less than 16 inches in length if: (A) the person
14    has been issued a Curios and Relics license from the U.S.
15    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
16    (B) the person is an active member of a bona fide,
17    nationally recognized military re-enacting group and the
18    modification is required and necessary to accurately
19    portray the weapon for historical re-enactment purposes;
20    the re-enactor is in possession of a valid and current
21    re-enacting group membership credential; and the overall
22    length of the weapon as modified is not less than 26
23    inches.
24    (d) Subsection 24-1(a)(1) does not apply to the purchase,
25possession or carrying of a black-jack or slung-shot by a
26peace officer.

 

 

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1    (e) Subsection 24-1(a)(8) does not apply to any owner,
2manager or authorized employee of any place specified in that
3subsection nor to any law enforcement officer.
4    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
5Section 24-1.6 do not apply to members of any club or
6organization organized for the purpose of practicing shooting
7at targets upon established target ranges, whether public or
8private, while using their firearms on those target ranges.
9    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
10to:
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
22    of 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
3persons licensed under federal law to manufacture any device
4or attachment of any kind designed, used, or intended for use
5in silencing the report of any firearm, firearms, or
6ammunition for those firearms equipped with those devices, and
7actually engaged in the business of manufacturing those
8devices, firearms, or ammunition, but only with respect to
9activities that are within the lawful scope of that business,
10such as the manufacture, transportation, or testing of those
11devices, firearms, or ammunition. This exemption does not
12authorize the general private possession of any device or
13attachment of any kind designed, used, or intended for use in
14silencing the report of any firearm, but only such possession
15and activities as are within the lawful scope of a licensed
16manufacturing business described in this subsection (g-5).
17During transportation, these devices shall be detached from
18any weapon or not immediately accessible.
19    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any parole agent or parole
21supervisor who meets the qualifications and conditions
22prescribed in Section 3-14-1.5 of the Unified Code of
23Corrections.
24    (g-7) Subsection 24-1(a)(6) does not apply to a peace
25officer while serving as a member of a tactical response team
26or special operations team. A peace officer may not personally

 

 

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1own or apply for ownership of a device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm. These devices shall be owned and
4maintained by lawfully recognized units of government whose
5duties include the investigation of criminal acts.
6    (g-10) (Blank).
7    (h) An information or indictment based upon a violation of
8any subsection of this Article need not negative any
9exemptions contained in this Article. The defendant shall have
10the burden of proving such an exemption.
11    (i) Nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession, of any
13pistol or revolver, stun gun, taser, or other firearm
14consigned to a common carrier operating under license of the
15State of Illinois or the federal government, where such
16transportation, carrying, or possession is incident to the
17lawful transportation in which such common carrier is engaged;
18and nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession of any
20pistol, revolver, stun gun, taser, or other firearm, not the
21subject of and regulated by subsection 24-1(a)(7) or
22subsection 24-2(c) of this Article, which is unloaded and
23enclosed in a case, firearm carrying box, shipping box, or
24other container, by the possessor of a valid Firearm Owners
25Identification Card.
26(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 

 

 

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

 

 

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1of 2004. Deputies and county correctional officers shall be
2deemed to be qualified law enforcement officers or, if
3retired, shall be deemed qualified retired or separated law
4enforcement officers in Illinois for purposes of coverage
5under the federal Law Enforcement Officers Safety Act of 2004
6and shall have all rights and privileges granted by that Act if
7the deputy or county correctional officer or retired deputy or
8county correctional officer is otherwise compliant with the
9applicable laws of this State governing the implementation and
10administration of the federal Law Enforcement Officers Safety
11Act of 2004 in the State of Illinois.".