Full Text of SB2104 94th General Assembly
SB2104enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 24-2 as follows:
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
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| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 9 |
| Section
24-1.6 do not apply to
or affect any of the following:
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| (1) Peace officers, and any person summoned by a peace | 11 |
| officer to
assist in making arrests or preserving the | 12 |
| peace, while actually engaged in
assisting such officer.
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| (2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the | 15 |
| detention of persons
accused or convicted of an offense, | 16 |
| while in the performance of their
official duty, or while | 17 |
| commuting between their homes and places of employment.
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| (3) Members of the Armed Services or Reserve Forces of | 19 |
| the United States
or the Illinois National Guard or the | 20 |
| Reserve Officers Training Corps,
while in the performance | 21 |
| of their official duty.
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| (4) Special agents employed by a railroad or a public | 23 |
| utility to
perform police functions, and guards of armored | 24 |
| car companies, while
actually engaged in the performance of | 25 |
| the duties of their employment or
commuting between their | 26 |
| homes and places of employment; and watchmen
while actually | 27 |
| engaged in the performance of the duties of their | 28 |
| employment.
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| (5) Persons licensed as private security contractors, | 30 |
| private
detectives, or private alarm contractors, or | 31 |
| employed by an agency
certified by the Department of | 32 |
| Professional Regulation, if their duties
include the |
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| carrying of a weapon under the provisions of the Private
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| Detective, Private Alarm,
Private Security, and Locksmith | 3 |
| Act of 2004,
while actually
engaged in the performance of | 4 |
| the duties of their employment or commuting
between their | 5 |
| homes and places of employment, provided that such | 6 |
| commuting
is accomplished within one hour from departure | 7 |
| from home or place of
employment, as the case may be. | 8 |
| Persons exempted under this subdivision
(a)(5) shall be | 9 |
| required to have completed a course of
study in firearms | 10 |
| handling and training approved and supervised by the
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| Department of Professional Regulation as prescribed by | 12 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 13 |
| Security, and Locksmith Act of 2004, prior
to becoming | 14 |
| eligible for this exemption. The Department of | 15 |
| Professional
Regulation shall provide suitable | 16 |
| documentation demonstrating the
successful completion of | 17 |
| the prescribed firearms training. Such
documentation shall | 18 |
| be carried at all times when such persons are in
possession | 19 |
| of a concealable weapon.
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| (6) Any person regularly employed in a commercial or | 21 |
| industrial
operation as a security guard for the protection | 22 |
| of persons employed
and private property related to such | 23 |
| commercial or industrial
operation, while actually engaged | 24 |
| in the performance of his or her
duty or traveling between | 25 |
| sites or properties belonging to the
employer, and who, as | 26 |
| a security guard, is a member of a security force of
at | 27 |
| least 5 persons registered with the Department of | 28 |
| Professional
Regulation; provided that such security guard | 29 |
| has successfully completed a
course of study, approved by | 30 |
| and supervised by the Department of
Professional | 31 |
| Regulation, consisting of not less than 40 hours of | 32 |
| training
that includes the theory of law enforcement, | 33 |
| liability for acts, and the
handling of weapons. A person | 34 |
| shall be considered eligible for this
exemption if he or | 35 |
| she has completed the required 20
hours of training for a | 36 |
| security officer and 20 hours of required firearm
training, |
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| and has been issued a firearm authorization card by
the | 2 |
| Department of Professional Regulation. Conditions for the | 3 |
| renewal of
firearm authorization cards issued under the | 4 |
| provisions of this Section
shall be the same as for those | 5 |
| cards issued under the provisions of the
Private Detective, | 6 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 7 |
| Such
firearm authorization card shall be carried by the | 8 |
| security guard at all
times when he or she is in possession | 9 |
| of a concealable weapon.
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| (7) Agents and investigators of the Illinois | 11 |
| Legislative Investigating
Commission authorized by the | 12 |
| Commission to carry the weapons specified in
subsections | 13 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| any investigation for the Commission.
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| (8) Persons employed by a financial institution for the | 16 |
| protection of
other employees and property related to such | 17 |
| financial institution, while
actually engaged in the | 18 |
| performance of their duties, commuting between
their homes | 19 |
| and places of employment, or traveling between sites or
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| properties owned or operated by such financial | 21 |
| institution, provided that
any person so employed has | 22 |
| successfully completed a course of study,
approved by and | 23 |
| supervised by the Department of Professional Regulation,
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| consisting of not less than 40 hours of training which | 25 |
| includes theory of
law enforcement, liability for acts, and | 26 |
| the handling of weapons.
A person shall be considered to be | 27 |
| eligible for this exemption if he or
she has completed the | 28 |
| required 20 hours of training for a security officer
and 20 | 29 |
| hours of required firearm training, and has been issued a
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| firearm authorization card by the Department of | 31 |
| Professional Regulation.
Conditions for renewal of firearm | 32 |
| authorization cards issued under the
provisions of this | 33 |
| Section shall be the same as for those issued under the
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| provisions of the Private Detective, Private Alarm,
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| Private Security, and Locksmith Act of 2004.
Such firearm | 36 |
| authorization card shall be carried by the person so
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| trained at all times when such person is in possession of a | 2 |
| concealable
weapon. For purposes of this subsection, | 3 |
| "financial institution" means a
bank, savings and loan | 4 |
| association, credit union or company providing
armored car | 5 |
| services.
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| (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.
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| (10) Persons who have been classified as peace officers | 10 |
| pursuant
to the Peace Officer Fire Investigation Act.
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| (11) Investigators of the Office of the State's | 12 |
| Attorneys Appellate
Prosecutor authorized by the board of | 13 |
| governors of the Office of the
State's Attorneys Appellate | 14 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 15 |
| State's Attorneys Appellate Prosecutor's Act.
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| (12) Special investigators appointed by a State's | 17 |
| Attorney under
Section 3-9005 of the Counties Code.
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| (12.5) Probation officers while in the performance of | 19 |
| their duties, or
while commuting between their homes, | 20 |
| places of employment or specific locations
that are part of | 21 |
| their assigned duties, with the consent of the chief judge | 22 |
| of
the circuit for which they are employed.
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| (13) Court Security Officers while in the performance | 24 |
| of their official
duties, or while commuting between their | 25 |
| homes and places of employment, with
the
consent of the | 26 |
| Sheriff.
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| (13.5) A person employed as an armed security guard at | 28 |
| a nuclear energy,
storage, weapons or development site or | 29 |
| facility regulated by the Nuclear
Regulatory Commission | 30 |
| who has completed the background screening and training
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| mandated by the rules and regulations of the Nuclear | 32 |
| Regulatory Commission.
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| (14) Manufacture, transportation, or sale of weapons | 34 |
| to
persons
authorized under subdivisions (1) through | 35 |
| (13.5) of this
subsection
to
possess those weapons.
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| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
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| 24-1.6 do not
apply to or affect
any of the following:
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| (1) Members of any club or organization organized for | 3 |
| the purpose of
practicing shooting at targets upon | 4 |
| established target ranges, whether
public or private, and | 5 |
| patrons of such ranges, while such members
or patrons are | 6 |
| using their firearms on those target ranges.
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| (2) Duly authorized military or civil organizations | 8 |
| while parading,
with the special permission of the | 9 |
| Governor.
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| (3) Hunters, trappers or fishermen with a license or
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| permit while engaged in hunting,
trapping or fishing.
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| (4) Transportation of weapons that are broken down in a
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| non-functioning state or are not immediately accessible.
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| (c) Subsection 24-1(a)(7) does not apply to or affect any | 15 |
| of the
following:
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| (1) Peace officers while in performance of their | 17 |
| official duties.
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| (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.
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| (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.
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| (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 | 27 |
| machine guns are broken down in a
non-functioning state or | 28 |
| are not immediately accessible.
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| (5) Persons licensed under federal law to manufacture | 30 |
| any weapon from
which 8 or more shots or bullets can be | 31 |
| discharged by a
single function of the firing device, or | 32 |
| ammunition for such weapons, and
actually engaged in the | 33 |
| business of manufacturing such weapons or
ammunition, but | 34 |
| only with respect to activities which are within the lawful
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| scope of such business, such as the manufacture, | 36 |
| transportation, or testing
of such weapons or ammunition. |
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| This exemption does not authorize the
general private | 2 |
| possession of any weapon from which 8 or more
shots or | 3 |
| bullets can be discharged by a single function of the | 4 |
| firing
device, but only such possession and activities as | 5 |
| are within the lawful
scope of a licensed manufacturing | 6 |
| business described in this paragraph.
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| During transportation, such weapons shall be broken | 8 |
| down in a
non-functioning state or not immediately | 9 |
| accessible.
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| (6) The manufacture, transport, testing, delivery, | 11 |
| transfer or sale,
and all lawful commercial or experimental | 12 |
| activities necessary thereto, of
rifles, shotguns, and | 13 |
| weapons made from rifles or shotguns,
or ammunition for | 14 |
| such rifles, shotguns or weapons, where engaged in
by a | 15 |
| person operating as a contractor or subcontractor pursuant | 16 |
| to a
contract or subcontract for the development and supply | 17 |
| of such rifles,
shotguns, weapons or ammunition to the | 18 |
| United States government or any
branch of the Armed Forces | 19 |
| of the United States, when such activities are
necessary | 20 |
| and incident to fulfilling the terms of such contract.
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| The exemption granted under this subdivision (c)(6)
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| shall also apply to any authorized agent of any such | 23 |
| contractor or
subcontractor who is operating within the | 24 |
| scope of his employment, where
such activities involving | 25 |
| such weapon, weapons or ammunition are necessary
and | 26 |
| incident to fulfilling the terms of such contract.
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| During transportation, any such weapon shall be broken | 28 |
| down in a
non-functioning state, or not immediately | 29 |
| accessible.
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| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 31 |
| possession
or carrying of a black-jack or slung-shot by a peace | 32 |
| officer.
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| (e) Subsection 24-1(a)(8) does not apply to any owner, | 34 |
| manager or
authorized employee of any place specified in that | 35 |
| subsection nor to any
law enforcement officer.
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| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
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| Section 24-1.6
do not apply
to members of any club or | 2 |
| organization organized for the purpose of practicing
shooting | 3 |
| at targets upon established target ranges, whether public or | 4 |
| private,
while using their firearms on those target ranges.
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| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 6 |
| to:
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| (1) Members of the Armed Services or Reserve Forces of | 8 |
| the United
States or the Illinois National Guard, while in | 9 |
| the performance of their
official duty.
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| (2) Bonafide collectors of antique or surplus military | 11 |
| ordinance.
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| (3) Laboratories having a department of forensic | 13 |
| ballistics, or
specializing in the development of | 14 |
| ammunition or explosive ordinance.
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| (4) Commerce, preparation, assembly or possession of | 16 |
| explosive
bullets by manufacturers of ammunition licensed | 17 |
| by the federal government,
in connection with the supply of | 18 |
| those organizations and persons exempted
by subdivision | 19 |
| (g)(1) of this Section, or like organizations and persons
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| outside this State, or the transportation of explosive | 21 |
| bullets to any
organization or person exempted in this | 22 |
| Section by a common carrier or by a
vehicle owned or leased | 23 |
| by an exempted manufacturer.
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| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 25 |
| persons licensed
under federal law to manufacture any device or | 26 |
| attachment of any kind designed,
used, or intended for use in | 27 |
| silencing the report of any firearm, firearms, or
ammunition
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| for those firearms equipped with those devices, and actually | 29 |
| engaged in the
business of manufacturing those devices, | 30 |
| firearms, or ammunition, but only with
respect to
activities | 31 |
| that are within the lawful scope of that business, such as the
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| manufacture, transportation, or testing of those devices, | 33 |
| firearms, or
ammunition. This
exemption does not authorize the | 34 |
| general private possession of any device or
attachment of any | 35 |
| kind designed, used, or intended for use in silencing the
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| report of any firearm, but only such possession and activities |
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| as are within
the
lawful scope of a licensed manufacturing | 2 |
| business described in this subsection
(g-5). During | 3 |
| transportation, those devices shall be detached from any weapon
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| or
not immediately accessible.
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| (h) An information or indictment based upon a violation of | 6 |
| any
subsection of this Article need not negative any exemptions | 7 |
| contained in
this Article. The defendant shall have the burden | 8 |
| of proving such an
exemption.
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| (i) (1) Nothing in this Article shall prohibit, apply to, | 10 |
| or affect
the transportation, carrying, or possession, of any | 11 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 12 |
| to a common carrier operating
under license of the State of | 13 |
| Illinois or the federal government, where
such transportation, | 14 |
| carrying, or possession is incident to the lawful
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| transportation in which such common carrier is engaged; and | 16 |
| nothing in this
Article shall prohibit, apply to, or affect the | 17 |
| transportation, carrying,
or possession of any pistol, | 18 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 19 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 20 |
| this Article, which is unloaded and enclosed in a case, firearm
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| carrying box, shipping box, or other container, by the | 22 |
| possessor of a valid
Firearm Owners Identification Card. | 23 |
| (2) The regulation of the transportation of firearms and | 24 |
| the transportation of ammunition, components, accessories, or | 25 |
| accoutrements for firearms are exclusive powers and functions | 26 |
| of the State. A unit of local government, including a home rule | 27 |
| unit, may not regulate the transportation of firearms and may | 28 |
| not regulate the transportation of ammunition, components, | 29 |
| accessories, or accoutrements for firearms. | 30 |
| (3) The provisions of any ordinance or resolution adopted | 31 |
| before, on, or after the effective date of this amendatory Act | 32 |
| of the 94th General Assembly by any unit of local government | 33 |
| that imposes restrictions or limitations on the transportation | 34 |
| of firearms and ammunition, components, accessories, and | 35 |
| accoutrements of firearms in a manner other than those that are | 36 |
| imposed by this amendatory Act are invalid and all those |
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| existing ordinances and resolutions are void. | 2 |
| (4) This subsection (i) is a limitation of home rule powers | 3 |
| under subsection (h) of Section 6 of Article VII of the | 4 |
| Illinois Constitution.
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| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 6 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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