Full Text of HB0365 100th General Assembly
HB0365 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0365 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED: |
| 430 ILCS 66/40 | | 720 ILCS 5/24-2 | |
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Amends the Criminal Code of 2012. Provides an exemption for the offense of unlawful use of weapons for carrying or possessing a concealed firearm upon any public street, alley, or other public lands, or for the offense of aggravated unlawful use of a weapon by a non-resident active duty member of the United States Armed Forces if certain requirements are met.
The non-resident active duty member of the United States Armed Forces must be eligible to possess and carry a firearm in public under the laws of his or her state or territory of residence; possess a valid equivalent of an Illinois Firearm Owner's Identification Card issued by his or her state or territory of residence if required by his state or territory of residence; possess valid military identification; and comply with various provisions of the Firearm Concealed Carry Act. Makes conforming changes in the Firearm Concealed Carry Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Section 40 as follows: | 6 | | (430 ILCS 66/40)
| 7 | | Sec. 40. Non-resident license applications. | 8 | | (a) For the purposes of this Section, "non-resident" means | 9 | | a person who has not resided within this State for more than 30 | 10 | | days and resides in another state or territory. | 11 | | (b) The Department shall by rule allow for non-resident | 12 | | license applications from any state or territory of the United | 13 | | States with laws related to firearm ownership, possession, and | 14 | | carrying, that are substantially similar to the requirements to | 15 | | obtain a license under this Act. | 16 | | (c) A resident of a state or territory approved by the | 17 | | Department under subsection (b) of this Section may apply for a | 18 | | non-resident license. The applicant shall apply to the | 19 | | Department and must meet all of the qualifications established | 20 | | in Section 25 of this Act, except for the Illinois residency | 21 | | requirement in item (xiv) of paragraph (2) of subsection (a) of | 22 | | Section 4 of the Firearm Owners Identification Card Act. The | 23 | | applicant shall submit: |
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| 1 | | (1) the application and documentation required under | 2 | | Section 30 of this Act and the applicable fee; | 3 | | (2) a notarized document stating that the applicant: | 4 | | (A) is eligible under federal law and the laws of | 5 | | his or her state or territory of residence to own or | 6 | | possess a firearm; | 7 | | (B) if applicable, has a license or permit to carry | 8 | | a firearm or concealed firearm issued by his or her | 9 | | state or territory of residence and attach a copy of | 10 | | the license or permit to the application; | 11 | | (C) understands Illinois laws pertaining to the | 12 | | possession and transport of firearms; and | 13 | | (D) acknowledges that the applicant is subject to | 14 | | the jurisdiction of the Department and Illinois courts | 15 | | for any violation of this Act; | 16 | | (3) a photocopy of any certificates or other evidence | 17 | | of compliance with the training requirements under Section | 18 | | 75 of this Act; and | 19 | | (4) a head and shoulder color photograph in a size | 20 | | specified by the Department taken within the 30 days | 21 | | preceding the date of the application. | 22 | | (d) In lieu of an Illinois driver's license or Illinois | 23 | | identification card, a non-resident applicant shall provide | 24 | | similar documentation from his or her state or territory of | 25 | | residence. In lieu of a valid Firearm Owner's Identification | 26 | | Card, the applicant shall submit documentation and information |
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| 1 | | required by the Department to obtain a Firearm Owner's | 2 | | Identification Card, including an affidavit that the | 3 | | non-resident meets the mental health standards to obtain a | 4 | | firearm under Illinois law, and the Department shall ensure | 5 | | that the applicant would meet the eligibility criteria to | 6 | | obtain a Firearm Owner's Identification card if he or she was a | 7 | | resident of this State. | 8 | | (e) Nothing in this Act shall prohibit a non-resident from | 9 | | transporting a concealed firearm within his or her vehicle in | 10 | | Illinois, if the concealed firearm remains within his or her | 11 | | vehicle and the non-resident: | 12 | | (1) is not prohibited from owning or possessing a | 13 | | firearm under federal law; | 14 | | (2) is eligible to carry a firearm in public under the | 15 | | laws of his or her state or territory of residence, as
| 16 | | evidenced by the possession of a concealed carry license or | 17 | | permit issued by his or her state of residence, if
| 18 | | applicable; and | 19 | | (3) is not in possession of a license under this Act. | 20 | | (f) A non-resident active duty member of the United States | 21 | | Armed Forces allowed to carry a concealed firearm under | 22 | | paragraph (6) of subsection (b) of Section 24-2 of the Criminal | 23 | | Code of 2012 shall comply in the same manner as a licensee with | 24 | | the provisions under Section 65 and subsection (d) of Section | 25 | | 70 of this Act and shall be subject to the same penalties as a | 26 | | licensee for a violation of those provisions. |
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| 1 | | If the non-resident leaves his or her vehicle unattended, | 2 | | he or she shall store the firearm within a locked vehicle or | 3 | | locked container within the vehicle in accordance with | 4 | | subsection (b) of Section 65 of this Act.
| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | 6 | | eff. 7-20-15.) | 7 | | Section 10. The Criminal Code of 2012 is amended by | 8 | | changing Section 24-2 as follows:
| 9 | | (720 ILCS 5/24-2)
| 10 | | Sec. 24-2. Exemptions.
| 11 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 12 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 13 | | the following:
| 14 | | (1) Peace officers, and any person summoned by a peace | 15 | | officer to
assist in making arrests or preserving the | 16 | | peace, while actually engaged in
assisting such officer.
| 17 | | (2) Wardens, superintendents and keepers of prisons,
| 18 | | penitentiaries, jails and other institutions for the | 19 | | detention of persons
accused or convicted of an offense, | 20 | | while in the performance of their
official duty, or while | 21 | | commuting between their homes and places of employment.
| 22 | | (3) Members of the Armed Services or Reserve Forces of | 23 | | the United States
or the Illinois National Guard or the | 24 | | Reserve Officers Training Corps,
while in the performance |
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| 1 | | of their official duty.
| 2 | | (4) Special agents employed by a railroad or a public | 3 | | utility to
perform police functions, and guards of armored | 4 | | car companies, while
actually engaged in the performance of | 5 | | the duties of their employment or
commuting between their | 6 | | homes and places of employment; and watchmen
while actually | 7 | | engaged in the performance of the duties of their | 8 | | employment.
| 9 | | (5) Persons licensed as private security contractors, | 10 | | private
detectives, or private alarm contractors, or | 11 | | employed by a private security contractor, private | 12 | | detective, or private alarm contractor agency licensed
by | 13 | | the Department of Financial and Professional Regulation, | 14 | | if their duties
include the carrying of a weapon under the | 15 | | provisions of the Private
Detective, Private Alarm,
| 16 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 17 | | 2004,
while actually
engaged in the performance of the | 18 | | duties of their employment or commuting
between their homes | 19 | | and places of employment. A person shall be considered | 20 | | eligible for this
exemption if he or she has completed the | 21 | | required 20
hours of training for a private security | 22 | | contractor, private
detective, or private alarm | 23 | | contractor, or employee of a licensed private security | 24 | | contractor, private detective, or private alarm contractor | 25 | | agency and 20 hours of required firearm
training, and has | 26 | | been issued a firearm control card by
the Department of |
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| 1 | | Financial and Professional Regulation. Conditions for the | 2 | | renewal of
firearm control cards issued under the | 3 | | provisions of this Section
shall be the same as for those | 4 | | cards issued under the provisions of the
Private Detective, | 5 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 6 | | Locksmith Act of 2004. The
firearm control card shall be | 7 | | carried by the private security contractor, private
| 8 | | detective, or private alarm contractor, or employee of the | 9 | | licensed private security contractor, private detective, | 10 | | or private alarm contractor agency at all
times when he or | 11 | | she is in possession of a concealable weapon permitted by | 12 | | his or her firearm control card.
| 13 | | (6) Any person regularly employed in a commercial or | 14 | | industrial
operation as a security guard for the protection | 15 | | of persons employed
and private property related to such | 16 | | commercial or industrial
operation, while actually engaged | 17 | | in the performance of his or her
duty or traveling between | 18 | | sites or properties belonging to the
employer, and who, as | 19 | | a security guard, is a member of a security force | 20 | | registered with the Department of Financial and | 21 | | Professional
Regulation; provided that such security guard | 22 | | has successfully completed a
course of study, approved by | 23 | | and supervised by the Department of
Financial and | 24 | | Professional Regulation, consisting of not less than 40 | 25 | | hours of training
that includes the theory of law | 26 | | enforcement, liability for acts, and the
handling of |
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| 1 | | weapons. A person shall be considered eligible for this
| 2 | | exemption if he or she has completed the required 20
hours | 3 | | of training for a security officer and 20 hours of required | 4 | | firearm
training, and has been issued a firearm control | 5 | | card by
the Department of Financial and Professional | 6 | | Regulation. Conditions for the renewal of
firearm control | 7 | | cards issued under the provisions of this Section
shall be | 8 | | the same as for those cards issued under the provisions of | 9 | | the
Private Detective, Private Alarm,
Private Security, | 10 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 11 | | control card shall be carried by the security guard at all
| 12 | | times when he or she is in possession of a concealable | 13 | | weapon permitted by his or her firearm control card.
| 14 | | (7) Agents and investigators of the Illinois | 15 | | Legislative Investigating
Commission authorized by the | 16 | | Commission to carry the weapons specified in
subsections | 17 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 18 | | any investigation for the Commission.
| 19 | | (8) Persons employed by a financial institution as a | 20 | | security guard for the protection of
other employees and | 21 | | property related to such financial institution, while
| 22 | | actually engaged in the performance of their duties, | 23 | | commuting between
their homes and places of employment, or | 24 | | traveling between sites or
properties owned or operated by | 25 | | such financial institution, and who, as a security guard, | 26 | | is a member of a security force registered with the |
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| 1 | | Department; provided that
any person so employed has | 2 | | successfully completed a course of study,
approved by and | 3 | | supervised by the Department of Financial and Professional | 4 | | Regulation,
consisting of not less than 40 hours of | 5 | | training which includes theory of
law enforcement, | 6 | | liability for acts, and the handling of weapons.
A person | 7 | | shall be considered to be eligible for this exemption if he | 8 | | or
she has completed the required 20 hours of training for | 9 | | a security officer
and 20 hours of required firearm | 10 | | training, and has been issued a
firearm control card by the | 11 | | Department of Financial and Professional Regulation.
| 12 | | Conditions for renewal of firearm control cards issued | 13 | | under the
provisions of this Section shall be the same as | 14 | | for those issued under the
provisions of the Private | 15 | | Detective, Private Alarm,
Private Security, Fingerprint | 16 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 17 | | shall be carried by the security guard at all times when he | 18 | | or she is in possession of a concealable
weapon permitted | 19 | | by his or her firearm control card. For purposes of this | 20 | | subsection, "financial institution" means a
bank, savings | 21 | | and loan association, credit union or company providing
| 22 | | armored car services.
| 23 | | (9) Any person employed by an armored car company to | 24 | | drive an armored
car, while actually engaged in the | 25 | | performance of his duties.
| 26 | | (10) Persons who have been classified as peace officers |
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| 1 | | pursuant
to the Peace Officer Fire Investigation 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 the | 6 | | 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 of | 12 | | their assigned duties, with the consent of the chief judge | 13 | | of
the circuit for which they are employed, if they have | 14 | | received weapons training according
to requirements of the | 15 | | Peace Officer and Probation Officer Firearm Training Act.
| 16 | | (13) Court Security Officers while in the performance | 17 | | of their official
duties, or while commuting between their | 18 | | homes and places of employment, with
the
consent of the | 19 | | Sheriff.
| 20 | | (13.5) A person employed as an armed security guard at | 21 | | a nuclear energy,
storage, weapons or development site or | 22 | | facility regulated by the Nuclear
Regulatory Commission | 23 | | who has completed the background screening and training
| 24 | | mandated by the rules and regulations of the Nuclear | 25 | | Regulatory Commission.
| 26 | | (14) Manufacture, transportation, or sale of weapons |
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| 1 | | to
persons
authorized under subdivisions (1) through | 2 | | (13.5) of this
subsection
to
possess those weapons.
| 3 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 4 | | to
or affect any person carrying a concealed pistol, revolver, | 5 | | or handgun and the person has been issued a currently valid | 6 | | license under the Firearm Concealed Carry Act at the time of | 7 | | the commission of the offense. | 8 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 9 | | 24-1.6 do not
apply to or affect
any of the following:
| 10 | | (1) Members of any club or organization organized for | 11 | | the purpose of
practicing shooting at targets upon | 12 | | established target ranges, whether
public or private, and | 13 | | patrons of such ranges, while such members
or patrons are | 14 | | using their firearms on those target ranges.
| 15 | | (2) Duly authorized military or civil organizations | 16 | | while parading,
with the special permission of the | 17 | | Governor.
| 18 | | (3) Hunters, trappers or fishermen with a license or
| 19 | | permit while engaged in hunting,
trapping or fishing.
| 20 | | (4) Transportation of weapons that are broken down in a
| 21 | | non-functioning state or are not immediately accessible.
| 22 | | (5) Carrying or possessing any pistol, revolver, stun | 23 | | gun or taser or other firearm on the land or in the legal | 24 | | dwelling of another person as an invitee with that person's | 25 | | permission. | 26 | | (6) A non-resident active duty member of the United |
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| 1 | | States Armed Forces who: | 2 | | (A) is eligible to possess and carry a firearm in | 3 | | public under the laws of his or her state or territory | 4 | | of residence; | 5 | | (B) possesses a valid equivalent of an Illinois | 6 | | Firearm Owner's Identification Card issued by his or | 7 | | her state or territory of residence if required by his | 8 | | or her state or territory of residence; | 9 | | (C) possesses valid military identification; and | 10 | | (D) complies in the same manner as a licensee under | 11 | | the Firearm Concealed Carry Act with the prohibitions | 12 | | under Section 65 (prohibited areas) and subsection (d) | 13 | | of Section 70 (not under the influence) of that Act. | 14 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 15 | | of 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 lawful
| 9 | | 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 experimental | 22 | | activities necessary thereto, of
rifles, shotguns, and | 23 | | weapons made from rifles or shotguns,
or ammunition for | 24 | | such rifles, shotguns or weapons, where engaged in
by a | 25 | | person operating as a contractor or subcontractor pursuant | 26 | | to a
contract or subcontract for the development and supply |
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| 1 | | of such rifles,
shotguns, weapons or ammunition to the | 2 | | United States government or any
branch of the Armed Forces | 3 | | of the United States, when such activities are
necessary | 4 | | and incident to fulfilling the terms of such contract.
| 5 | | The exemption granted under this subdivision (c)(6)
| 6 | | shall also apply to any authorized agent of any such | 7 | | contractor or
subcontractor who is operating within the | 8 | | scope of his employment, where
such activities involving | 9 | | such weapon, weapons or ammunition are necessary
and | 10 | | incident to fulfilling the terms of such contract.
| 11 | | (7) A person possessing a rifle with a barrel or | 12 | | barrels less than 16 inches in length if: (A) the person | 13 | | has been issued a Curios and Relics license from the U.S. | 14 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 15 | | the person is an active member of a bona fide, nationally | 16 | | recognized military re-enacting group and the modification | 17 | | is required and necessary to accurately portray the weapon | 18 | | for historical re-enactment purposes; the re-enactor is in | 19 | | possession of a valid and current re-enacting group | 20 | | membership credential; and the overall length of the weapon | 21 | | as modified is not less than 26 inches. | 22 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 23 | | possession
or carrying of a black-jack or slung-shot by a peace | 24 | | officer.
| 25 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 26 | | manager or
authorized employee of any place specified in that |
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| 1 | | subsection nor to any
law enforcement officer.
| 2 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 3 | | Section 24-1.6
do not apply
to members of any club or | 4 | | organization organized for the purpose of practicing
shooting | 5 | | at targets upon established target ranges, whether public or | 6 | | private,
while using their firearms on those target ranges.
| 7 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 8 | | to:
| 9 | | (1) Members of the Armed Services or Reserve Forces of | 10 | | the United
States or the Illinois National Guard, while in | 11 | | the performance of their
official duty.
| 12 | | (2) Bonafide collectors of antique or surplus military | 13 | | ordnance ordinance .
| 14 | | (3) Laboratories having a department of forensic | 15 | | ballistics, or
specializing in the development of | 16 | | ammunition or explosive ordnance ordinance .
| 17 | | (4) Commerce, preparation, assembly or possession of | 18 | | explosive
bullets by manufacturers of ammunition licensed | 19 | | by the federal government,
in connection with the supply of | 20 | | those organizations and persons exempted
by subdivision | 21 | | (g)(1) of this Section, or like organizations and persons
| 22 | | outside this State, or the transportation of explosive | 23 | | bullets to any
organization or person exempted in this | 24 | | Section by a common carrier or by a
vehicle owned or leased | 25 | | by an exempted manufacturer.
| 26 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
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| 1 | | persons licensed
under federal law to manufacture any device or | 2 | | attachment of any kind designed,
used, or intended for use in | 3 | | silencing the report of any firearm, firearms, or
ammunition
| 4 | | for those firearms equipped with those devices, and actually | 5 | | engaged in the
business of manufacturing those devices, | 6 | | firearms, or ammunition, but only with
respect to
activities | 7 | | that are within the lawful scope of that business, such as the
| 8 | | manufacture, transportation, or testing of those devices, | 9 | | firearms, or
ammunition. This
exemption does not authorize the | 10 | | general private possession of any device or
attachment of any | 11 | | kind designed, used, or intended for use in silencing the
| 12 | | report of any firearm, but only such possession and activities | 13 | | as are within
the
lawful scope of a licensed manufacturing | 14 | | business described in this subsection
(g-5). During | 15 | | transportation, these devices shall be detached from any weapon
| 16 | | or
not immediately accessible.
| 17 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 18 | | 24-1.6 do not apply to
or affect any parole agent or parole | 19 | | supervisor who meets the qualifications and conditions | 20 | | prescribed in Section 3-14-1.5 of the Unified Code of | 21 | | Corrections. | 22 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 23 | | officer while serving as a member of a tactical response team | 24 | | or special operations team. A peace officer may not personally | 25 | | own or apply for ownership of a device or attachment of any | 26 | | kind designed, used, or intended for use in silencing the |
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| 1 | | report of any firearm. These devices shall be owned and | 2 | | maintained by lawfully recognized units of government whose | 3 | | duties include the investigation of criminal acts. | 4 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 5 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 6 | | athlete's possession, transport on official Olympic and | 7 | | Paralympic transit systems established for athletes, or use of | 8 | | competition firearms sanctioned by the International Olympic | 9 | | Committee, the International Paralympic Committee, the | 10 | | International Shooting Sport Federation, or USA Shooting in | 11 | | connection with such athlete's training for and participation | 12 | | in shooting competitions at the 2016 Olympic and Paralympic | 13 | | Games and sanctioned test events leading up to the 2016 Olympic | 14 | | and Paralympic Games. | 15 | | (h) An information or indictment based upon a violation of | 16 | | any
subsection of this Article need not negative any exemptions | 17 | | contained in
this Article. The defendant shall have the burden | 18 | | of proving such an
exemption.
| 19 | | (i) Nothing in this Article shall prohibit, apply to, or | 20 | | affect
the transportation, carrying, or possession, of any | 21 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 22 | | to a common carrier operating
under license of the State of | 23 | | Illinois or the federal government, where
such transportation, | 24 | | carrying, or possession is incident to the lawful
| 25 | | transportation in which such common carrier is engaged; and | 26 | | nothing in this
Article shall prohibit, apply to, or affect the |
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| 1 | | transportation, carrying,
or possession of any pistol, | 2 | | revolver, stun gun, taser, or other firearm,
not the subject of | 3 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 4 | | this Article, which is unloaded and enclosed in a case, firearm
| 5 | | carrying box, shipping box, or other container, by the | 6 | | possessor of a valid
Firearm Owners Identification Card.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, | 8 | | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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