Full Text of HB1881 103rd General Assembly
HB1881ham001 103RD GENERAL ASSEMBLY | Rep. Dennis Tipsword, Jr. Filed: 3/7/2024 | | 10300HB1881ham001 | | LRB103 28153 RLC 69946 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1881
| 2 | | AMENDMENT NO. ______. Amend House Bill 1881 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1 and 24-2 as follows: | 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | 7 | | Sec. 24-1. Unlawful use of weapons. | 8 | | (a) A person commits the offense of unlawful use of | 9 | | weapons when he knowingly: | 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon, black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star, or any | 14 | | knife, commonly referred to as a switchblade knife, which | 15 | | has a blade that opens automatically by hand pressure | 16 | | applied to a button, spring or other device in the handle |
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| 1 | | of the knife, or a ballistic knife, which is a device that | 2 | | propels a knifelike blade as a projectile by means of a | 3 | | coil spring, elastic material or compressed gas; or | 4 | | (2) Carries or possesses with intent to use the same | 5 | | unlawfully against another, a dagger, dirk, billy, | 6 | | dangerous knife, razor, stiletto, broken bottle or other | 7 | | piece of glass, stun gun or taser or any other dangerous or | 8 | | deadly weapon or instrument of like character; or | 9 | | (2.5) Carries or possesses with intent to use the same | 10 | | unlawfully against another, any firearm in a church, | 11 | | synagogue, mosque, or other building, structure, or place | 12 | | used for religious worship; or | 13 | | (3) Carries on or about his person or in any vehicle, a | 14 | | tear gas gun projector or bomb or any object containing | 15 | | noxious liquid gas or substance, other than an object | 16 | | containing a non-lethal noxious liquid gas or substance | 17 | | designed solely for personal defense carried by a person | 18 | | 18 years of age or older; or | 19 | | (4) Carries or possesses in any vehicle or concealed | 20 | | on or about his person except when on his land or in his | 21 | | own abode, legal dwelling, or fixed place of business, or | 22 | | on the land or in the legal dwelling of another person as | 23 | | an invitee with that person's permission, any pistol, | 24 | | revolver, stun gun or taser or other firearm, except that | 25 | | this subsection (a)(4) does not apply to or affect | 26 | | transportation of weapons that meet one of the following |
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| 1 | | conditions: | 2 | | (i) are broken down in a non-functioning state; or | 3 | | (ii) are not immediately accessible; or | 4 | | (iii) are unloaded and enclosed in a case, firearm | 5 | | carrying box, shipping box, or other container by a | 6 | | person who has been issued a currently valid Firearm | 7 | | Owner's Identification Card; or | 8 | | (iv) are carried or possessed in accordance with | 9 | | the Firearm Concealed Carry Act by a person who has | 10 | | been issued a currently valid license under the | 11 | | Firearm Concealed Carry Act; or | 12 | | (5) Sets a spring gun; or | 13 | | (6) Possesses any device or attachment of any kind | 14 | | designed, used or intended for use in silencing the report | 15 | | of any firearm; or | 16 | | (7) Sells, manufactures, purchases, possesses or | 17 | | carries: | 18 | | (i) a machine gun, which shall be defined for the | 19 | | purposes of this subsection as any weapon, which | 20 | | shoots, is designed to shoot, or can be readily | 21 | | restored to shoot, automatically more than one shot | 22 | | without manually reloading by a single function of the | 23 | | trigger, including the frame or receiver of any such | 24 | | weapon, or sells, manufactures, purchases, possesses, | 25 | | or carries any combination of parts designed or | 26 | | intended for use in converting any weapon into a |
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| 1 | | machine gun, or any combination or parts from which a | 2 | | machine gun can be assembled if such parts are in the | 3 | | possession or under the control of a person; | 4 | | (ii) any rifle having one or more barrels less | 5 | | than 16 inches in length or a shotgun having one or | 6 | | more barrels less than 18 inches in length or any | 7 | | weapon made from a rifle or shotgun, whether by | 8 | | alteration, modification, or otherwise, if such a | 9 | | weapon as modified has an overall length of less than | 10 | | 26 inches; or | 11 | | (iii) any bomb, bomb-shell, grenade, bottle or | 12 | | other container containing an explosive substance of | 13 | | over one-quarter ounce for like purposes, such as, but | 14 | | not limited to, black powder bombs and Molotov | 15 | | cocktails or artillery projectiles; or | 16 | | (8) Carries or possesses any firearm, stun gun or | 17 | | taser or other deadly weapon in any place which is | 18 | | licensed to sell intoxicating beverages, or at any public | 19 | | gathering held pursuant to a license issued by any | 20 | | governmental body or any public gathering at which an | 21 | | admission is charged, excluding a place where a showing, | 22 | | demonstration or lecture involving the exhibition of | 23 | | unloaded firearms is conducted. | 24 | | This subsection (a)(8) does not apply to any auction | 25 | | or raffle of a firearm held pursuant to a license or permit | 26 | | issued by a governmental body, nor does it apply to |
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| 1 | | persons engaged in firearm safety training courses; or | 2 | | (9) Carries or possesses in a vehicle or on or about | 3 | | his or her person any pistol, revolver, stun gun or taser | 4 | | or firearm or ballistic knife, when he or she is hooded, | 5 | | robed or masked in such manner as to conceal his or her | 6 | | identity; or | 7 | | (10) Carries or possesses on or about his or her | 8 | | person, upon any public street, alley, or other public | 9 | | lands within the corporate limits of a city, village, or | 10 | | incorporated town, except when an invitee thereon or | 11 | | therein, for the purpose of the display of such weapon or | 12 | | the lawful commerce in weapons, or except when on his land | 13 | | or in his or her own abode, legal dwelling, or fixed place | 14 | | of business, or on the land or in the legal dwelling of | 15 | | another person as an invitee with that person's | 16 | | permission, any pistol, revolver, stun gun, or taser or | 17 | | other firearm, except that this subsection (a)(10) does | 18 | | not apply to or affect transportation of weapons that meet | 19 | | one of the following conditions: | 20 | | (i) are broken down in a non-functioning state; or | 21 | | (ii) are not immediately accessible; or | 22 | | (iii) are unloaded and enclosed in a case, firearm | 23 | | carrying box, shipping box, or other container by a | 24 | | person who has been issued a currently valid Firearm | 25 | | Owner's Identification Card; or | 26 | | (iv) are carried or possessed in accordance with |
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| 1 | | the Firearm Concealed Carry Act by a person who has | 2 | | been issued a currently valid license under the | 3 | | Firearm Concealed Carry Act. | 4 | | A "stun gun or taser", as used in this paragraph (a) | 5 | | means (i) any device which is powered by electrical | 6 | | charging units, such as, batteries, and which fires one or | 7 | | several barbs attached to a length of wire and which, upon | 8 | | hitting a human, can send out a current capable of | 9 | | disrupting the person's nervous system in such a manner as | 10 | | to render him incapable of normal functioning or (ii) any | 11 | | device which is powered by electrical charging units, such | 12 | | as batteries, and which, upon contact with a human or | 13 | | clothing worn by a human, can send out current capable of | 14 | | disrupting the person's nervous system in such a manner as | 15 | | to render him incapable of normal functioning; or | 16 | | (11) Sells, manufactures, delivers, imports, | 17 | | possesses, or purchases any assault weapon attachment or | 18 | | .50 caliber cartridge in violation of Section 24-1.9 or | 19 | | any explosive bullet. For purposes of this paragraph (a) | 20 | | "explosive bullet" means the projectile portion of an | 21 | | ammunition cartridge which contains or carries an | 22 | | explosive charge which will explode upon contact with the | 23 | | flesh of a human or an animal. "Cartridge" means a tubular | 24 | | metal case having a projectile affixed at the front | 25 | | thereof and a cap or primer at the rear end thereof, with | 26 | | the propellant contained in such tube between the |
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| 1 | | projectile and the cap; or | 2 | | (12) (Blank); or | 3 | | (13) Carries or possesses on or about his or her | 4 | | person while in a building occupied by a unit of | 5 | | government, a billy club, other weapon of like character, | 6 | | or other instrument of like character intended for use as | 7 | | a weapon. For the purposes of this Section, "billy club" | 8 | | means a short stick or club commonly carried by police | 9 | | officers which is either telescopic or constructed of a | 10 | | solid piece of wood or other man-made material; or | 11 | | (14) Manufactures, possesses, sells, or offers to | 12 | | sell, purchase, manufacture, import, transfer, or use any | 13 | | device, part, kit, tool, accessory, or combination of | 14 | | parts that is designed to and functions to increase the | 15 | | rate of fire of a semiautomatic firearm above the standard | 16 | | rate of fire for semiautomatic firearms that is not | 17 | | equipped with that device, part, or combination of parts; | 18 | | or | 19 | | (15) Carries or possesses any assault weapon or .50 | 20 | | caliber rifle in violation of Section 24-1.9; or | 21 | | (16) Manufactures, sells, delivers, imports, or | 22 | | purchases any assault weapon or .50 caliber rifle in | 23 | | violation of Section 24-1.9. | 24 | | (b) Sentence. A person convicted of a violation of | 25 | | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | 26 | | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) |
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| 1 | | commits a Class A misdemeanor. A person convicted of a | 2 | | violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a | 3 | | Class 4 felony; a person convicted of a violation of | 4 | | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | 5 | | 24-1(a)(16) commits a Class 3 felony. A person convicted of a | 6 | | violation of subsection 24-1(a)(7)(i) commits a Class 2 felony | 7 | | and shall be sentenced to a term of imprisonment of not less | 8 | | than 3 years and not more than 7 years, unless the weapon is | 9 | | possessed in the passenger compartment of a motor vehicle as | 10 | | defined in Section 1-146 of the Illinois Vehicle Code, or on | 11 | | the person, while the weapon is loaded, in which case it shall | 12 | | be a Class X felony. A person convicted of a second or | 13 | | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), | 14 | | 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 | 15 | | felony. A person convicted of a violation of subsection | 16 | | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | 17 | | possession of each weapon or device in violation of this | 18 | | Section constitutes a single and separate violation. | 19 | | (c) Violations in specific places. | 20 | | (1) A person who violates subsection 24-1(a)(6) or | 21 | | 24-1(a)(7) in any school, regardless of the time of day or | 22 | | the time of year, in residential property owned, operated | 23 | | or managed by a public housing agency or leased by a public | 24 | | housing agency as part of a scattered site or mixed-income | 25 | | development, in a public park, in a courthouse, on the | 26 | | real property comprising any school, regardless of the |
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| 1 | | time of day or the time of year, on residential property | 2 | | owned, operated or managed by a public housing agency or | 3 | | leased by a public housing agency as part of a scattered | 4 | | site or mixed-income development, on the real property | 5 | | comprising any public park, on the real property | 6 | | comprising any courthouse, in any conveyance owned, leased | 7 | | or contracted by a school to transport students to or from | 8 | | school or a school related activity, in any conveyance | 9 | | owned, leased, or contracted by a public transportation | 10 | | agency, or on any public way within 1,000 feet of the real | 11 | | property comprising any school, public park, courthouse, | 12 | | public transportation facility, or residential property | 13 | | owned, operated, or managed by a public housing agency or | 14 | | leased by a public housing agency as part of a scattered | 15 | | site or mixed-income development commits a Class 2 felony | 16 | | and shall be sentenced to a term of imprisonment of not | 17 | | less than 3 years and not more than 7 years. | 18 | | (1.5) A person who violates subsection 24-1(a)(4), | 19 | | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of | 20 | | the time of day or the time of year, in residential | 21 | | property owned, operated, or managed by a public housing | 22 | | agency or leased by a public housing agency as part of a | 23 | | scattered site or mixed-income development, in a public | 24 | | park, in a courthouse, on the real property comprising any | 25 | | school, regardless of the time of day or the time of year, | 26 | | on residential property owned, operated, or managed by a |
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| 1 | | public housing agency or leased by a public housing agency | 2 | | as part of a scattered site or mixed-income development, | 3 | | on the real property comprising any public park, on the | 4 | | real property comprising any courthouse, in any conveyance | 5 | | owned, leased, or contracted by a school to transport | 6 | | students to or from school or a school related activity, | 7 | | in any conveyance owned, leased, or contracted by a public | 8 | | transportation agency, or on any public way within 1,000 | 9 | | feet of the real property comprising any school, public | 10 | | park, courthouse, public transportation facility, or | 11 | | residential property owned, operated, or managed by a | 12 | | public housing agency or leased by a public housing agency | 13 | | as part of a scattered site or mixed-income development | 14 | | commits a Class 3 felony. | 15 | | (2) A person who violates subsection 24-1(a)(1), | 16 | | 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the | 17 | | time of day or the time of year, in residential property | 18 | | owned, operated or managed by a public housing agency or | 19 | | leased by a public housing agency as part of a scattered | 20 | | site or mixed-income development, in a public park, in a | 21 | | courthouse, on the real property comprising any school, | 22 | | regardless of the time of day or the time of year, on | 23 | | residential property owned, operated or managed by a | 24 | | public housing agency or leased by a public housing agency | 25 | | as part of a scattered site or mixed-income development, | 26 | | on the real property comprising any public park, on the |
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| 1 | | real property comprising any courthouse, in any conveyance | 2 | | owned, leased or contracted by a school to transport | 3 | | students to or from school or a school related activity, | 4 | | in any conveyance owned, leased, or contracted by a public | 5 | | transportation agency, or on any public way within 1,000 | 6 | | feet of the real property comprising any school, public | 7 | | park, courthouse, public transportation facility, or | 8 | | residential property owned, operated, or managed by a | 9 | | public housing agency or leased by a public housing agency | 10 | | as part of a scattered site or mixed-income development | 11 | | commits a Class 4 felony. "Courthouse" means any building | 12 | | that is used by the Circuit, Appellate, or Supreme Court | 13 | | of this State for the conduct of official business. | 14 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 15 | | (c) shall not apply to law enforcement officers or | 16 | | security officers of such school, college, or university | 17 | | or to students carrying or possessing firearms for use in | 18 | | training courses, parades, hunting, target shooting on | 19 | | school ranges, or otherwise with the consent of school | 20 | | authorities and which firearms are transported unloaded | 21 | | enclosed in a suitable case, box, or transportation | 22 | | package. | 23 | | (3.1) Paragraph (1.5) of this subsection (c) does not | 24 | | apply to or affect a qualified current or retired law | 25 | | enforcement officer qualified under the laws of this State | 26 | | or under the federal Law Enforcement Officers Safety Act |
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| 1 | | carrying or possessing firearms in or on the properties | 2 | | listed in paragraph (1.5) of this subsection (c). | 3 | | (4) For the purposes of this subsection (c), "school" | 4 | | means any public or private elementary or secondary | 5 | | school, community college, college, or university. | 6 | | (5) For the purposes of this subsection (c), "public | 7 | | transportation agency" means a public or private agency | 8 | | that provides for the transportation or conveyance of | 9 | | persons by means available to the general public, except | 10 | | for transportation by automobiles not used for conveyance | 11 | | of the general public as passengers; and "public | 12 | | transportation facility" means a terminal or other place | 13 | | where one may obtain public transportation. | 14 | | (d) The presence in an automobile other than a public | 15 | | omnibus of any weapon, instrument or substance referred to in | 16 | | subsection (a)(7) is prima facie evidence that it is in the | 17 | | possession of, and is being carried by, all persons occupying | 18 | | such automobile at the time such weapon, instrument or | 19 | | substance is found, except under the following circumstances: | 20 | | (i) if such weapon, instrument or instrumentality is found | 21 | | upon the person of one of the occupants therein; or (ii) if | 22 | | such weapon, instrument or substance is found in an automobile | 23 | | operated for hire by a duly licensed driver in the due, lawful | 24 | | and proper pursuit of his or her trade, then such presumption | 25 | | shall not apply to the driver. | 26 | | (e) Exemptions. |
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| 1 | | (1) Crossbows, Common or Compound bows and Underwater | 2 | | Spearguns are exempted from the definition of ballistic | 3 | | knife as defined in paragraph (1) of subsection (a) of | 4 | | this Section. | 5 | | (2) The provision of paragraph (1) of subsection (a) | 6 | | of this Section prohibiting the sale, manufacture, | 7 | | purchase, possession, or carrying of any knife, commonly | 8 | | referred to as a switchblade knife, which has a blade that | 9 | | opens automatically by hand pressure applied to a button, | 10 | | spring or other device in the handle of the knife, does not | 11 | | apply to a person who possesses a currently valid Firearm | 12 | | Owner's Identification Card previously issued in his or | 13 | | her name by the Illinois State Police or to a person or an | 14 | | entity engaged in the business of selling or manufacturing | 15 | | switchblade knives. | 16 | | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | 17 | | 102-1116, eff. 1-10-23.) | 18 | | (720 ILCS 5/24-2) | 19 | | Sec. 24-2. Exemptions. | 20 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 21 | | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of | 22 | | the following: | 23 | | (1) Peace officers, and any person summoned by a peace | 24 | | officer to assist in making arrests or preserving the | 25 | | peace, while actually engaged in assisting such officer. |
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| 1 | | (2) Wardens, superintendents and keepers of prisons, | 2 | | penitentiaries, jails and other institutions for the | 3 | | detention of persons accused or convicted of an offense, | 4 | | while in the performance of their official duty, or while | 5 | | commuting between their homes and places of employment. | 6 | | (3) Members of the Armed Services or Reserve Forces of | 7 | | the United States or the Illinois National Guard or the | 8 | | Reserve Officers Training Corps, while in the performance | 9 | | of their official duty. | 10 | | (4) Special agents employed by a railroad or a public | 11 | | utility to perform police functions, and guards of armored | 12 | | car companies, while actually engaged in the performance | 13 | | of the duties of their employment or commuting between | 14 | | their homes and places of employment; and watchmen while | 15 | | actually engaged in the performance of the duties of their | 16 | | employment. | 17 | | (5) Persons licensed as private security contractors, | 18 | | private detectives, or private alarm contractors, or | 19 | | employed by a private security contractor, private | 20 | | detective, or private alarm contractor agency licensed by | 21 | | the Department of Financial and Professional Regulation, | 22 | | if their duties include the carrying of a weapon under the | 23 | | provisions of the Private Detective, Private Alarm, | 24 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 25 | | 2004, while actually engaged in the performance of the | 26 | | duties of their employment or commuting between their |
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| 1 | | homes and places of employment. A person shall be | 2 | | considered eligible for this exemption if he or she has | 3 | | completed the required 20 hours of training for a private | 4 | | security contractor, private detective, or private alarm | 5 | | contractor, or employee of a licensed private security | 6 | | contractor, private detective, or private alarm contractor | 7 | | agency and 28 hours of required firearm training, and has | 8 | | been issued a firearm control card by the Department of | 9 | | Financial and Professional Regulation. Conditions for the | 10 | | renewal of firearm control cards issued under the | 11 | | provisions of this Section shall be the same as for those | 12 | | cards issued under the provisions of the Private | 13 | | Detective, Private Alarm, Private Security, Fingerprint | 14 | | Vendor, and Locksmith Act of 2004. The firearm control | 15 | | card shall be carried by the private security contractor, | 16 | | private detective, or private alarm contractor, or | 17 | | employee of the licensed private security contractor, | 18 | | private detective, or private alarm contractor agency at | 19 | | all times when he or she is in possession of a concealable | 20 | | weapon permitted by his or her firearm control card. | 21 | | (6) Any person regularly employed in a commercial or | 22 | | industrial operation as a security guard for the | 23 | | protection of persons employed and private property | 24 | | related to such commercial or industrial operation, while | 25 | | actually engaged in the performance of his or her duty or | 26 | | traveling between sites or properties belonging to the |
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| 1 | | employer, and who, as a security guard, is a member of a | 2 | | security force registered with the Department of Financial | 3 | | and Professional Regulation; provided that such security | 4 | | guard has successfully completed a course of study, | 5 | | approved by and supervised by the Department of Financial | 6 | | and Professional Regulation, consisting of not less than | 7 | | 48 hours of training that includes the theory of law | 8 | | enforcement, liability for acts, and the handling of | 9 | | weapons. A person shall be considered eligible for this | 10 | | exemption if he or she has completed the required 20 hours | 11 | | of training for a security officer and 28 hours of | 12 | | required firearm training, and has been issued a firearm | 13 | | control card by the Department of Financial and | 14 | | Professional Regulation. Conditions for the renewal of | 15 | | firearm control cards issued under the provisions of this | 16 | | Section shall be the same as for those cards issued under | 17 | | the provisions of the Private Detective, Private Alarm, | 18 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 19 | | 2004. The firearm control card shall be carried by the | 20 | | security guard at all times when he or she is in possession | 21 | | of a concealable weapon permitted by his or her firearm | 22 | | control card. | 23 | | (7) Agents and investigators of the Illinois | 24 | | Legislative Investigating Commission authorized by the | 25 | | Commission to carry the weapons specified in subsections | 26 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of |
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| 1 | | any investigation for the Commission. | 2 | | (8) Persons employed by a financial institution as a | 3 | | security guard for the protection of other employees and | 4 | | property related to such financial institution, while | 5 | | actually engaged in the performance of their duties, | 6 | | commuting between their homes and places of employment, or | 7 | | traveling between sites or properties owned or operated by | 8 | | such financial institution, and who, as a security guard, | 9 | | is a member of a security force registered with the | 10 | | Department; provided that any person so employed has | 11 | | successfully completed a course of study, approved by and | 12 | | supervised by the Department of Financial and Professional | 13 | | Regulation, consisting of not less than 48 hours of | 14 | | training which includes theory of law enforcement, | 15 | | liability for acts, and the handling of weapons. A person | 16 | | shall be considered to be eligible for this exemption if | 17 | | he or she has completed the required 20 hours of training | 18 | | for a security officer and 28 hours of required firearm | 19 | | training, and has been issued a firearm control card by | 20 | | the Department of Financial and Professional Regulation. | 21 | | Conditions for renewal of firearm control cards issued | 22 | | under the provisions of this Section shall be the same as | 23 | | for those issued under the provisions of the Private | 24 | | Detective, Private Alarm, Private Security, Fingerprint | 25 | | Vendor, and Locksmith Act of 2004. The firearm control | 26 | | card shall be carried by the security guard at all times |
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| 1 | | when he or she is in possession of a concealable weapon | 2 | | permitted by his or her firearm control card. For purposes | 3 | | of this subsection, "financial institution" means a bank, | 4 | | savings and loan association, credit union or company | 5 | | providing armored car services. | 6 | | (9) Any person employed by an armored car company to | 7 | | drive an armored car, while actually engaged in the | 8 | | performance of his duties. | 9 | | (10) Persons who have been classified as peace | 10 | | officers pursuant to the Peace Officer Fire Investigation | 11 | | Act. | 12 | | (11) Investigators of the Office of the State's | 13 | | Attorneys Appellate Prosecutor authorized by the board of | 14 | | governors of the Office of the State's Attorneys Appellate | 15 | | Prosecutor to carry weapons pursuant to Section 7.06 of | 16 | | the State's Attorneys Appellate Prosecutor's Act. | 17 | | (12) Special investigators appointed by a State's | 18 | | Attorney under Section 3-9005 of the Counties Code. | 19 | | (12.5) Probation officers while in the performance of | 20 | | their duties, or while commuting between their homes, | 21 | | places of employment or specific locations that are part | 22 | | of their assigned duties, with the consent of the chief | 23 | | judge of the circuit for which they are employed, if they | 24 | | have received weapons training according to requirements | 25 | | of the Peace Officer and Probation Officer Firearm | 26 | | Training Act. |
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| 1 | | (13) Court Security Officers while in the performance | 2 | | of their official duties, or while commuting between their | 3 | | homes and places of employment, with the consent of the | 4 | | Sheriff. | 5 | | (13.5) A person employed as an armed security guard at | 6 | | a nuclear energy, storage, weapons or development site or | 7 | | facility regulated by the Nuclear Regulatory Commission | 8 | | who has completed the background screening and training | 9 | | mandated by the rules and regulations of the Nuclear | 10 | | Regulatory Commission. | 11 | | (14) Manufacture, transportation, or sale of weapons | 12 | | to persons authorized under subdivisions (1) through | 13 | | (13.5) of this subsection to possess those weapons. | 14 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 15 | | to or affect any person carrying a concealed pistol, revolver, | 16 | | or handgun and the person has been issued a currently valid | 17 | | license under the Firearm Concealed Carry Act at the time of | 18 | | the commission of the offense. | 19 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 20 | | to or affect a qualified current or retired law enforcement | 21 | | officer or a current or retired deputy, county correctional | 22 | | officer, or correctional officer of the Department of | 23 | | Corrections qualified under the laws of this State or under | 24 | | the federal Law Enforcement Officers Safety Act. | 25 | | (a-7) Paragraph (1.5) of subsection (c) of Section 24-1 | 26 | | does not apply to or affect a qualified current or retired law |
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| 1 | | enforcement officer qualified under the laws of this State or | 2 | | under the federal Law Enforcement Officers Safety Act carrying | 3 | | or possessing firearms in or on the properties listed in | 4 | | paragraph (1.5) of subsection (c) of Section 24-1. | 5 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 6 | | 24-1.6 do not apply to or affect any of the following: | 7 | | (1) Members of any club or organization organized for | 8 | | the purpose of practicing shooting at targets upon | 9 | | established target ranges, whether public or private, and | 10 | | patrons of such ranges, while such members or patrons are | 11 | | using their firearms on those target ranges. | 12 | | (2) Duly authorized military or civil organizations | 13 | | while parading, with the special permission of the | 14 | | Governor. | 15 | | (3) Hunters, trappers, or fishermen while engaged in | 16 | | lawful hunting, trapping, or fishing under the provisions | 17 | | of the Wildlife Code or the Fish and Aquatic Life Code. | 18 | | (4) Transportation of weapons that are broken down in | 19 | | a non-functioning state or are not immediately accessible. | 20 | | (5) Carrying or possessing any pistol, revolver, stun | 21 | | gun or taser or other firearm on the land or in the legal | 22 | | dwelling of another person as an invitee with that | 23 | | person's permission. | 24 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 25 | | of the following: | 26 | | (1) Peace officers while in performance of their |
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| 1 | | official duties. | 2 | | (2) Wardens, superintendents and keepers of prisons, | 3 | | penitentiaries, jails and other institutions for the | 4 | | detention of persons accused or convicted of an offense. | 5 | | (3) Members of the Armed Services or Reserve Forces of | 6 | | the United States or the Illinois National Guard, while in | 7 | | the performance of their official duty. | 8 | | (4) Manufacture, transportation, or sale of machine | 9 | | guns to persons authorized under subdivisions (1) through | 10 | | (3) of this subsection to possess machine guns, if the | 11 | | machine guns are broken down in a non-functioning state or | 12 | | are not immediately accessible. | 13 | | (5) Persons licensed under federal law to manufacture | 14 | | any weapon from which 8 or more shots or bullets can be | 15 | | discharged by a single function of the firing device, or | 16 | | ammunition for such weapons, and actually engaged in the | 17 | | business of manufacturing such weapons or ammunition, but | 18 | | only with respect to activities which are within the | 19 | | lawful scope of such business, such as the manufacture, | 20 | | transportation, or testing of such weapons or ammunition. | 21 | | This exemption does not authorize the general private | 22 | | possession of any weapon from which 8 or more shots or | 23 | | bullets can be discharged by a single function of the | 24 | | firing device, but only such possession and activities as | 25 | | are within the lawful scope of a licensed manufacturing | 26 | | business described in this paragraph. |
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| 1 | | During transportation, such weapons shall be broken | 2 | | down in a non-functioning state or not immediately | 3 | | accessible. | 4 | | (6) The manufacture, transport, testing, delivery, | 5 | | transfer or sale, and all lawful commercial or | 6 | | experimental activities necessary thereto, of rifles, | 7 | | shotguns, and weapons made from rifles or shotguns, or | 8 | | ammunition for such rifles, shotguns or weapons, where | 9 | | engaged in by a person operating as a contractor or | 10 | | subcontractor pursuant to a contract or subcontract for | 11 | | the development and supply of such rifles, shotguns, | 12 | | weapons or ammunition to the United States government or | 13 | | any branch of the Armed Forces of the United States, when | 14 | | such activities are necessary and incident to fulfilling | 15 | | the terms of such contract. | 16 | | The exemption granted under this subdivision (c)(6) | 17 | | shall also apply to any authorized agent of any such | 18 | | contractor or subcontractor who is operating within the | 19 | | scope of his employment, where such activities involving | 20 | | such weapon, weapons or ammunition are necessary and | 21 | | incident to fulfilling the terms of such contract. | 22 | | (7) A person possessing a rifle with a barrel or | 23 | | barrels less than 16 inches in length if: (A) the person | 24 | | has been issued a Curios and Relics license from the U.S. | 25 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 26 | | (B) the person is an active member of a bona fide, |
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| 1 | | nationally recognized military re-enacting group and the | 2 | | modification is required and necessary to accurately | 3 | | portray the weapon for historical re-enactment purposes; | 4 | | the re-enactor is in possession of a valid and current | 5 | | re-enacting group membership credential; and the overall | 6 | | length of the weapon as modified is not less than 26 | 7 | | inches. | 8 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 9 | | possession or carrying of a black-jack or slung-shot by a | 10 | | peace officer. | 11 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 12 | | manager or authorized employee of any place specified in that | 13 | | subsection nor to any law enforcement officer. | 14 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 15 | | Section 24-1.6 do not apply to members of any club or | 16 | | organization organized for the purpose of practicing shooting | 17 | | at targets upon established target ranges, whether public or | 18 | | private, while using their firearms on those target ranges. | 19 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 20 | | to: | 21 | | (1) 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 | | (2) Bonafide collectors of antique or surplus military | 25 | | ordnance. | 26 | | (3) Laboratories having a department of forensic |
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| 1 | | ballistics, or specializing in the development of | 2 | | ammunition or explosive ordnance. | 3 | | (4) Commerce, preparation, assembly or possession of | 4 | | explosive bullets by manufacturers of ammunition licensed | 5 | | by the federal government, in connection with the supply | 6 | | of those organizations and persons exempted by subdivision | 7 | | (g)(1) of this Section, or like organizations and persons | 8 | | outside this State, or the transportation of explosive | 9 | | bullets to any organization or person exempted in this | 10 | | Section by a common carrier or by a vehicle owned or leased | 11 | | by an exempted manufacturer. | 12 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 13 | | persons licensed under federal law to manufacture any device | 14 | | or attachment of any kind designed, used, or intended for use | 15 | | in silencing the report of any firearm, firearms, or | 16 | | ammunition for those firearms equipped with those devices, and | 17 | | actually engaged in the business of manufacturing those | 18 | | devices, firearms, or ammunition, but only with respect to | 19 | | activities that are within the lawful scope of that business, | 20 | | such as the manufacture, transportation, or testing of those | 21 | | devices, firearms, or ammunition. This exemption does not | 22 | | authorize the general private possession of any device or | 23 | | attachment of any kind designed, used, or intended for use in | 24 | | silencing the report of any firearm, but only such possession | 25 | | and activities as are within the lawful scope of a licensed | 26 | | manufacturing business described in this subsection (g-5). |
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| 1 | | During transportation, these devices shall be detached from | 2 | | any weapon or not immediately accessible. | 3 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 4 | | 24-1.6 do not apply to or affect any parole agent or parole | 5 | | supervisor who meets the qualifications and conditions | 6 | | prescribed in Section 3-14-1.5 of the Unified Code of | 7 | | Corrections. | 8 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 9 | | officer while serving as a member of a tactical response team | 10 | | or special operations team. A peace officer may not personally | 11 | | own or apply for ownership of a device or attachment of any | 12 | | kind designed, used, or intended for use in silencing the | 13 | | report of any firearm. These devices shall be owned and | 14 | | maintained by lawfully recognized units of government whose | 15 | | duties include the investigation of criminal acts. | 16 | | (g-10) (Blank). | 17 | | (h) An information or indictment based upon a violation of | 18 | | any subsection of this Article need not negative any | 19 | | exemptions contained in this Article. The defendant shall have | 20 | | the burden 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 | 24 | | consigned to a common carrier operating under license of the | 25 | | State of Illinois or the federal government, where such | 26 | | transportation, carrying, or possession is incident to the |
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| 1 | | lawful transportation in which such common carrier is engaged; | 2 | | and nothing in this Article shall prohibit, apply to, or | 3 | | affect the transportation, carrying, or possession of any | 4 | | pistol, revolver, stun gun, taser, or other firearm, not the | 5 | | subject of and regulated by subsection 24-1(a)(7) or | 6 | | subsection 24-2(c) of this Article, which is unloaded and | 7 | | enclosed in a case, firearm carrying box, shipping box, or | 8 | | other container, by the possessor of a valid Firearm Owners | 9 | | Identification Card. | 10 | | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; | 11 | | 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)". |
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