Full Text of HB4206 95th General Assembly
HB4206enr 95TH GENERAL ASSEMBLY
|
|
|
HB4206 Enrolled |
|
LRB095 15078 RLC 41039 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| 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 weapons | 9 |
| 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, throwing star,
or any knife, | 13 |
| commonly referred to as a switchblade knife, which has a
| 14 |
| blade that opens automatically by hand pressure applied to | 15 |
| a button,
spring or other device in the handle of the | 16 |
| knife, or a ballistic knife,
which is a device that propels | 17 |
| a knifelike blade as a projectile by means
of a coil | 18 |
| spring, elastic material or compressed gas; or
| 19 |
| (2) Carries or possesses with intent to use the same | 20 |
| unlawfully
against another, a dagger, dirk, billy, | 21 |
| dangerous knife, razor,
stiletto, broken bottle or other | 22 |
| piece of glass, stun gun or taser or
any other dangerous or | 23 |
| deadly weapon or instrument of like character; or
|
|
|
|
HB4206 Enrolled |
- 2 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| (3) Carries on or about his person or in any vehicle, a | 2 |
| tear gas gun
projector or bomb or any object containing | 3 |
| noxious liquid gas or
substance, other than an object | 4 |
| containing a non-lethal noxious liquid gas
or substance | 5 |
| designed solely for personal defense carried by a person 18
| 6 |
| years of age or older; or
| 7 |
| (4) Carries or possesses in any vehicle or concealed on | 8 |
| or about his
person except when on his land or in his own | 9 |
| abode or fixed place of
business any pistol, revolver, stun | 10 |
| gun or taser or other firearm, except
that
this subsection | 11 |
| (a) (4) does not apply to or affect transportation of | 12 |
| weapons
that meet one of the following conditions:
| 13 |
| (i) are broken down in a non-functioning state; or
| 14 |
| (ii) are not immediately accessible; or
| 15 |
| (iii) are unloaded and enclosed in a case, firearm | 16 |
| carrying box,
shipping box, or other container by a | 17 |
| person who has been issued a currently
valid Firearm | 18 |
| Owner's
Identification Card; or
| 19 |
| (5) Sets a spring gun; or
| 20 |
| (6) Possesses any device or attachment of any kind | 21 |
| designed, used or
intended for use in silencing the report | 22 |
| of any firearm; or
| 23 |
| (7) Sells, manufactures, purchases, possesses or | 24 |
| carries:
| 25 |
| (i) a machine gun, which shall be defined for the | 26 |
| purposes of this
subsection as any weapon,
which |
|
|
|
HB4206 Enrolled |
- 3 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| shoots, is designed to shoot, or can be readily | 2 |
| restored to shoot,
automatically more than one shot | 3 |
| without manually reloading by a single
function of the | 4 |
| trigger, including the frame or receiver
of any such | 5 |
| weapon, or sells, manufactures, purchases, possesses, | 6 |
| or
carries any combination of parts designed or | 7 |
| intended for
use in converting any weapon into a | 8 |
| machine gun, or any combination or
parts from which a | 9 |
| machine gun can be assembled if such parts are in the
| 10 |
| possession or under the control of a person;
| 11 |
| (ii) any rifle having one or
more barrels less than | 12 |
| 16 inches in length or a shotgun having one or more
| 13 |
| barrels less than 18 inches in length or any weapon | 14 |
| made from a rifle or
shotgun, whether by alteration, | 15 |
| modification, or otherwise, if such a weapon
as | 16 |
| modified has an overall length of less than 26 inches; | 17 |
| or
| 18 |
| (iii) any
bomb, bomb-shell, grenade, bottle or | 19 |
| other container containing an
explosive substance of | 20 |
| over one-quarter ounce for like purposes, such
as, but | 21 |
| not limited to, black powder bombs and Molotov | 22 |
| cocktails or
artillery projectiles; or
| 23 |
| (8) Carries or possesses any firearm, stun gun or taser | 24 |
| or other
deadly weapon in any place which is licensed to | 25 |
| sell intoxicating
beverages, or at any public gathering | 26 |
| held pursuant to a license issued
by any governmental body |
|
|
|
HB4206 Enrolled |
- 4 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| or any public gathering at which an admission
is charged, | 2 |
| excluding a place where a showing, demonstration or lecture
| 3 |
| involving the exhibition of unloaded firearms is | 4 |
| conducted.
| 5 |
| This subsection (a)(8) does not apply to any auction or | 6 |
| raffle of a firearm
held pursuant to
a license or permit | 7 |
| issued by a governmental body, nor does it apply to persons
| 8 |
| engaged
in firearm safety training courses; or
| 9 |
| (9) Carries or possesses in a vehicle or on or about | 10 |
| his person any
pistol, revolver, stun gun or taser or | 11 |
| firearm or ballistic knife, when
he is hooded, robed or | 12 |
| masked in such manner as to conceal his identity; or
| 13 |
| (10) Carries or possesses on or about his person, upon | 14 |
| any public street,
alley, or other public lands within the | 15 |
| corporate limits of a city, village
or incorporated town, | 16 |
| except when an invitee thereon or therein, for the
purpose | 17 |
| of the display of such weapon or the lawful commerce in | 18 |
| weapons, or
except when on his land or in his own abode or | 19 |
| fixed place of business, any
pistol, revolver, stun gun or | 20 |
| taser or other firearm, except that this
subsection (a) | 21 |
| (10) does not apply to or affect transportation of weapons | 22 |
| that
meet one of the following conditions:
| 23 |
| (i) are broken down in a non-functioning state; or
| 24 |
| (ii) are not immediately accessible; or
| 25 |
| (iii) are unloaded and enclosed in a case, firearm | 26 |
| carrying box,
shipping box, or other container by a |
|
|
|
HB4206 Enrolled |
- 5 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| person who has been issued a currently
valid Firearm | 2 |
| Owner's
Identification Card.
| 3 |
| A "stun gun or taser", as used in this paragraph (a) | 4 |
| means (i) any device
which is powered by electrical | 5 |
| charging units, such as, batteries, and
which fires one or | 6 |
| several barbs attached to a length of wire and
which, upon | 7 |
| hitting a human, can send out a current capable of | 8 |
| disrupting
the person's nervous system in such a manner as | 9 |
| to render him incapable of
normal functioning or (ii) any | 10 |
| device which is powered by electrical
charging units, such | 11 |
| as batteries, and which, upon contact with a human or
| 12 |
| clothing worn by a human, can send out current capable of | 13 |
| disrupting
the person's nervous system in such a manner as | 14 |
| to render him incapable
of normal functioning; or
| 15 |
| (11) Sells, manufactures or purchases any explosive | 16 |
| bullet. For purposes
of this paragraph (a) "explosive | 17 |
| bullet" means the projectile portion of
an ammunition | 18 |
| cartridge which contains or carries an explosive charge | 19 |
| which
will explode upon contact with the flesh of a human | 20 |
| or an animal.
"Cartridge" means a tubular metal case having | 21 |
| a projectile affixed at the
front thereof and a cap or | 22 |
| primer at the rear end thereof, with the
propellant | 23 |
| contained in such tube between the projectile and the cap; | 24 |
| or
| 25 |
| (12) (Blank) ; or . | 26 |
| (13) Carries or possesses on or about his or her person |
|
|
|
HB4206 Enrolled |
- 6 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| while in a building occupied by a unit of government, a | 2 |
| billy club, other weapon of like character, or other | 3 |
| instrument of like character intended for use as a weapon. | 4 |
| For the purposes of this Section, "billy club" means a | 5 |
| short stick or club commonly carried by police officers | 6 |
| which is either telescopic or constructed of a solid piece | 7 |
| of wood or other man-made material.
| 8 |
| (b) Sentence. A person convicted of a violation of | 9 |
| subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | 10 |
| subsection 24-1(a)(11) , or subsection 24-1(a)(13) commits a | 11 |
| Class A
misdemeanor.
A person convicted of a violation of | 12 |
| subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 13 |
| person
convicted of a violation of subsection 24-1(a)(6) or | 14 |
| 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 15 |
| convicted of a violation of subsection
24-1(a)(7)(i) commits a | 16 |
| Class 2 felony and shall be sentenced to a term of imprisonment | 17 |
| of not less than 3 years and not more than 7 years, unless the | 18 |
| weapon is possessed in the
passenger compartment of a motor | 19 |
| vehicle as defined in Section 1-146 of the
Illinois Vehicle | 20 |
| Code, or on the person, while the weapon is loaded, in which
| 21 |
| case it shall be a Class X felony. A person convicted of a
| 22 |
| second or subsequent violation of subsection 24-1(a)(4), | 23 |
| 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 24 |
| felony. The possession of each weapon in violation of this | 25 |
| Section constitutes a single and separate violation.
| 26 |
| (c) Violations in specific places.
|
|
|
|
HB4206 Enrolled |
- 7 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| (1) A person who violates subsection 24-1(a)(6) or | 2 |
| 24-1(a)(7) in any
school, regardless of the time of day or | 3 |
| the time of year, in residential
property owned, operated | 4 |
| or managed by a public housing agency or
leased by
a public | 5 |
| housing agency as part of a scattered site or mixed-income
| 6 |
| development, in a
public park, in a courthouse, on the real | 7 |
| property comprising any school,
regardless of the
time of | 8 |
| day or the time of year, on residential property owned, | 9 |
| operated
or
managed by a public housing agency
or leased by | 10 |
| a public housing agency as part of a scattered site or
| 11 |
| mixed-income development,
on the real property comprising | 12 |
| any
public park, on the real property comprising any | 13 |
| courthouse, in any conveyance
owned, leased or contracted | 14 |
| by a school to
transport students to or from school or a | 15 |
| school related activity, or on any
public way within 1,000 | 16 |
| feet of the real property comprising any school,
public | 17 |
| park, courthouse, or residential property owned, operated, | 18 |
| or managed
by a public housing agency
or leased by a public | 19 |
| housing agency as part of a scattered site or
mixed-income | 20 |
| development
commits a Class 2 felony and shall be sentenced | 21 |
| to a term of imprisonment of not less than 3 years and not | 22 |
| more than 7 years.
| 23 |
| (1.5) A person who violates subsection 24-1(a)(4), | 24 |
| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 25 |
| time of day or the time of year,
in residential property | 26 |
| owned, operated, or managed by a public
housing
agency
or |
|
|
|
HB4206 Enrolled |
- 8 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| leased by a public housing agency as part of a scattered | 2 |
| site or
mixed-income development,
in
a public
park, in a | 3 |
| courthouse, on the real property comprising any school, | 4 |
| regardless
of the time of day or the time of year, on | 5 |
| residential property owned,
operated, or managed by a | 6 |
| public housing agency
or leased by a public housing agency | 7 |
| as part of a scattered site or
mixed-income development,
on | 8 |
| the real property
comprising any public park, on the real | 9 |
| property comprising any courthouse, in
any conveyance | 10 |
| owned, leased, or contracted by a school to transport | 11 |
| students
to or from school or a school related activity, or | 12 |
| on any public way within
1,000 feet of the real property | 13 |
| comprising any school, public park, courthouse,
or | 14 |
| residential property owned, operated, or managed by a | 15 |
| public
housing agency
or leased by a public housing agency | 16 |
| as part of a scattered site or
mixed-income development
| 17 |
| commits a Class 3 felony.
| 18 |
| (2) A person who violates subsection 24-1(a)(1), | 19 |
| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 20 |
| time of day or the time of year, in
residential property | 21 |
| owned, operated or managed by a public housing
agency
or | 22 |
| leased by a public housing agency as part of a scattered | 23 |
| site or
mixed-income development,
in
a public park, in a | 24 |
| courthouse, on the real property comprising any school,
| 25 |
| regardless of the time of day or the time of year, on | 26 |
| residential property
owned, operated or managed by a public |
|
|
|
HB4206 Enrolled |
- 9 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| housing agency
or leased by a public housing agency as part | 2 |
| of a scattered site or
mixed-income development,
on the | 3 |
| real property
comprising any public park, on the real | 4 |
| 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, or | 7 |
| on any public way within
1,000 feet of the real property | 8 |
| comprising any school, public park, courthouse,
or | 9 |
| residential property owned, operated, or managed by a | 10 |
| public
housing agency or leased by a public housing agency | 11 |
| as part of a scattered
site or mixed-income development | 12 |
| commits a Class 4 felony. "Courthouse"
means any building | 13 |
| that is used by the Circuit, Appellate, or Supreme Court of
| 14 |
| this State for the conduct of official business.
| 15 |
| (3) Paragraphs (1), (1.5), and (2) of this subsection | 16 |
| (c) shall not
apply to law
enforcement officers or security | 17 |
| officers of such school, college, or
university or to | 18 |
| students carrying or possessing firearms for use in | 19 |
| training
courses, parades, hunting, target shooting on | 20 |
| school ranges, or otherwise with
the consent of school | 21 |
| authorities and which firearms are transported unloaded
| 22 |
| enclosed in a suitable case, box, or transportation | 23 |
| package.
| 24 |
| (4) For the purposes of this subsection (c), "school" | 25 |
| means any public or
private elementary or secondary school, | 26 |
| community college, college, or
university.
|
|
|
|
HB4206 Enrolled |
- 10 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| (d) The presence in an automobile other than a public | 2 |
| omnibus of any
weapon, instrument or substance referred to in | 3 |
| subsection (a)(7) is
prima facie evidence that it is in the | 4 |
| possession of, and is being
carried by, all persons occupying | 5 |
| such automobile at the time such
weapon, instrument or | 6 |
| substance is found, except under the following
circumstances: | 7 |
| (i) if such weapon, instrument or instrumentality is
found upon | 8 |
| the person of one of the occupants therein; or (ii) if such
| 9 |
| weapon, instrument or substance is found in an automobile | 10 |
| operated for
hire by a duly licensed driver in the due, lawful | 11 |
| and proper pursuit of
his trade, then such presumption shall | 12 |
| not apply to the driver.
| 13 |
| (e) Exemptions. Crossbows, Common or Compound bows and | 14 |
| Underwater
Spearguns are exempted from the definition of | 15 |
| ballistic knife as defined in
paragraph (1) of subsection (a) | 16 |
| of this Section.
| 17 |
| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | 18 |
| eff. 8-21-07.)
| 19 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 20 |
| Sec. 24-2. Exemptions.
| 21 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) , and 24-1(a)(10) , | 22 |
| and 24-1(a)(13) and Section
24-1.6 do not apply to
or affect | 23 |
| any of the following:
| 24 |
| (1) Peace officers, and any person summoned by a peace | 25 |
| officer to
assist in making arrests or preserving the |
|
|
|
HB4206 Enrolled |
- 11 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| peace, while actually engaged in
assisting such officer.
| 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 |
| while in the performance of their
official duty, or while | 6 |
| commuting between their homes and places of employment.
| 7 |
| (3) Members of the Armed Services or Reserve Forces of | 8 |
| the United States
or the Illinois National Guard or the | 9 |
| Reserve Officers Training Corps,
while in the performance | 10 |
| of their official duty.
| 11 |
| (4) Special agents employed by a railroad or a public | 12 |
| utility to
perform police functions, and guards of armored | 13 |
| car companies, while
actually engaged in the performance of | 14 |
| the duties of their employment or
commuting between their | 15 |
| homes and places of employment; and watchmen
while actually | 16 |
| engaged in the performance of the duties of their | 17 |
| employment.
| 18 |
| (5) Persons licensed as private security contractors, | 19 |
| private
detectives, or private alarm contractors, or | 20 |
| employed by an agency
certified by the Department of | 21 |
| Professional Regulation, if their duties
include the | 22 |
| carrying of a weapon under the provisions of the Private
| 23 |
| Detective, Private Alarm,
Private Security, Fingerprint | 24 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged | 25 |
| in the performance of the duties of their employment or | 26 |
| commuting
between their homes and places of employment, |
|
|
|
HB4206 Enrolled |
- 12 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| provided that such commuting
is accomplished within one | 2 |
| hour from departure from home or place of
employment, as | 3 |
| the case may be. Persons exempted under this subdivision
| 4 |
| (a)(5) shall be required to have completed a course of
| 5 |
| study in firearms handling and training approved and | 6 |
| supervised by the
Department of Professional Regulation as | 7 |
| prescribed by Section 28 of the
Private Detective, Private | 8 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 9 |
| Act of 2004, prior
to becoming eligible for this exemption. | 10 |
| The Department of Professional
Regulation shall provide | 11 |
| suitable documentation demonstrating the
successful | 12 |
| completion of the prescribed firearms training. Such
| 13 |
| documentation shall be carried at all times when such | 14 |
| persons are in
possession of a concealable weapon.
| 15 |
| (6) Any person regularly employed in a commercial or | 16 |
| industrial
operation as a security guard for the protection | 17 |
| of persons employed
and private property related to such | 18 |
| commercial or industrial
operation, while actually engaged | 19 |
| in the performance of his or her
duty or traveling between | 20 |
| sites or properties belonging to the
employer, and who, as | 21 |
| a security guard, is a member of a security force of
at | 22 |
| least 5 persons registered with the Department of | 23 |
| Professional
Regulation; provided that such security guard | 24 |
| has successfully completed a
course of study, approved by | 25 |
| and supervised by the Department of
Professional | 26 |
| Regulation, consisting of not less than 40 hours of |
|
|
|
HB4206 Enrolled |
- 13 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| training
that includes the theory of law enforcement, | 2 |
| liability for acts, and the
handling of weapons. A person | 3 |
| shall be considered eligible for this
exemption if he or | 4 |
| she has completed the required 20
hours of training for a | 5 |
| security officer and 20 hours of required firearm
training, | 6 |
| and has been issued a firearm control card by
the | 7 |
| Department of Professional Regulation. Conditions for the | 8 |
| renewal of
firearm control cards issued under the | 9 |
| provisions of this Section
shall be the same as for those | 10 |
| cards issued under the provisions of the
Private Detective, | 11 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 12 |
| Locksmith Act of 2004. Such
firearm control card shall be | 13 |
| carried by the security guard at all
times when he or she | 14 |
| is in possession of a concealable weapon.
| 15 |
| (7) Agents and investigators of the Illinois | 16 |
| Legislative Investigating
Commission authorized by the | 17 |
| Commission to carry the weapons specified in
subsections | 18 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 19 |
| any investigation for the Commission.
| 20 |
| (8) Persons employed by a financial institution for the | 21 |
| protection of
other employees and property related to such | 22 |
| financial institution, while
actually engaged in the | 23 |
| performance of their duties, commuting between
their homes | 24 |
| and places of employment, or traveling between sites or
| 25 |
| properties owned or operated by such financial | 26 |
| institution, provided that
any person so employed has |
|
|
|
HB4206 Enrolled |
- 14 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| successfully completed a course of study,
approved by and | 2 |
| supervised by the Department of Professional Regulation,
| 3 |
| consisting of not less than 40 hours of training which | 4 |
| includes theory of
law enforcement, liability for acts, and | 5 |
| the handling of weapons.
A person shall be considered to be | 6 |
| eligible for this exemption if he or
she has completed the | 7 |
| required 20 hours of training for a security officer
and 20 | 8 |
| hours of required firearm training, and has been issued a
| 9 |
| firearm control card by the Department of Professional | 10 |
| Regulation.
Conditions for renewal of firearm control | 11 |
| cards issued under the
provisions of this Section shall be | 12 |
| the same as for those issued under the
provisions of the | 13 |
| Private Detective, Private Alarm,
Private Security, | 14 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 15 |
| control card shall be carried by the person so
trained at | 16 |
| all times when such person is in possession of a | 17 |
| concealable
weapon. For purposes of this subsection, | 18 |
| "financial institution" means a
bank, savings and loan | 19 |
| association, credit union or company providing
armored car | 20 |
| services.
| 21 |
| (9) Any person employed by an armored car company to | 22 |
| drive an armored
car, while actually engaged in the | 23 |
| performance of his duties.
| 24 |
| (10) Persons who have been classified as peace officers | 25 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 26 |
| (11) Investigators of the Office of the State's |
|
|
|
HB4206 Enrolled |
- 15 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| Attorneys Appellate
Prosecutor authorized by the board of | 2 |
| governors of the Office of the
State's Attorneys Appellate | 3 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 4 |
| State's Attorneys Appellate Prosecutor's Act.
| 5 |
| (12) Special investigators appointed by a State's | 6 |
| Attorney under
Section 3-9005 of the Counties Code.
| 7 |
| (12.5) Probation officers while in the performance of | 8 |
| their duties, or
while commuting between their homes, | 9 |
| places of employment or specific locations
that are part of | 10 |
| their assigned duties, with the consent of the chief judge | 11 |
| of
the circuit for which they are employed.
| 12 |
| (13) Court Security Officers while in the performance | 13 |
| of their official
duties, or while commuting between their | 14 |
| homes and places of employment, with
the
consent of the | 15 |
| Sheriff.
| 16 |
| (13.5) A person employed as an armed security guard at | 17 |
| a nuclear energy,
storage, weapons or development site or | 18 |
| facility regulated by the Nuclear
Regulatory Commission | 19 |
| who has completed the background screening and training
| 20 |
| mandated by the rules and regulations of the Nuclear | 21 |
| Regulatory Commission.
| 22 |
| (14) Manufacture, transportation, or sale of weapons | 23 |
| to
persons
authorized under subdivisions (1) through | 24 |
| (13.5) of this
subsection
to
possess those weapons.
| 25 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 26 |
| 24-1.6 do not
apply to or affect
any of the following:
|
|
|
|
HB4206 Enrolled |
- 16 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| (1) Members of any club or organization organized for | 2 |
| the purpose of
practicing shooting at targets upon | 3 |
| established target ranges, whether
public or private, and | 4 |
| patrons of such ranges, while such members
or patrons are | 5 |
| using their firearms on those target ranges.
| 6 |
| (2) Duly authorized military or civil organizations | 7 |
| while parading,
with the special permission of the | 8 |
| Governor.
| 9 |
| (3) Hunters, trappers or fishermen with a license or
| 10 |
| permit while engaged in hunting,
trapping or fishing.
| 11 |
| (4) Transportation of weapons that are broken down in a
| 12 |
| non-functioning state or are not immediately accessible.
| 13 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 14 |
| of the
following:
| 15 |
| (1) Peace officers while in performance of their | 16 |
| official duties.
| 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 |
| (3) Members of the Armed Services or Reserve Forces of | 21 |
| the United States
or the Illinois National Guard, while in | 22 |
| the performance of their official
duty.
| 23 |
| (4) Manufacture, transportation, or sale of machine | 24 |
| guns to persons
authorized under subdivisions (1) through | 25 |
| (3) of this subsection to
possess machine guns, if the | 26 |
| machine guns are broken down in a
non-functioning state or |
|
|
|
HB4206 Enrolled |
- 17 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| are not immediately accessible.
| 2 |
| (5) Persons licensed under federal law to manufacture | 3 |
| any weapon from
which 8 or more shots or bullets can be | 4 |
| discharged by a
single function of the firing device, or | 5 |
| ammunition for such weapons, and
actually engaged in the | 6 |
| business of manufacturing such weapons or
ammunition, but | 7 |
| only with respect to activities which are within the lawful
| 8 |
| scope of such business, such as the manufacture, | 9 |
| transportation, or testing
of such weapons or ammunition. | 10 |
| This exemption does not authorize the
general private | 11 |
| possession of any weapon from which 8 or more
shots or | 12 |
| bullets can be discharged by a single function of the | 13 |
| firing
device, but only such possession and activities as | 14 |
| are within the lawful
scope of a licensed manufacturing | 15 |
| business described in this paragraph.
| 16 |
| During transportation, such weapons shall be broken | 17 |
| down in a
non-functioning state or not immediately | 18 |
| accessible.
| 19 |
| (6) The manufacture, transport, testing, delivery, | 20 |
| transfer or sale,
and all lawful commercial or experimental | 21 |
| activities necessary thereto, of
rifles, shotguns, and | 22 |
| weapons made from rifles or shotguns,
or ammunition for | 23 |
| such rifles, shotguns or weapons, where engaged in
by a | 24 |
| person operating as a contractor or subcontractor pursuant | 25 |
| to a
contract or subcontract for the development and supply | 26 |
| of such rifles,
shotguns, weapons or ammunition to the |
|
|
|
HB4206 Enrolled |
- 18 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| United States government or any
branch of the Armed Forces | 2 |
| of the United States, when such activities are
necessary | 3 |
| and incident to fulfilling the terms of such contract.
| 4 |
| The exemption granted under this subdivision (c)(6)
| 5 |
| shall also apply to any authorized agent of any such | 6 |
| contractor or
subcontractor who is operating within the | 7 |
| scope of his employment, where
such activities involving | 8 |
| such weapon, weapons or ammunition are necessary
and | 9 |
| incident to fulfilling the terms of such contract.
| 10 |
| During transportation, any such weapon shall be broken | 11 |
| down in a
non-functioning state, or not immediately | 12 |
| accessible.
| 13 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 14 |
| possession
or carrying of a black-jack or slung-shot by a peace | 15 |
| officer.
| 16 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 17 |
| manager or
authorized employee of any place specified in that | 18 |
| subsection nor to any
law enforcement officer.
| 19 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 20 |
| Section 24-1.6
do not apply
to members of any club or | 21 |
| organization organized for the purpose of practicing
shooting | 22 |
| at targets upon established target ranges, whether public or | 23 |
| private,
while using their firearms on those target ranges.
| 24 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 25 |
| to:
| 26 |
| (1) Members of the Armed Services or Reserve Forces of |
|
|
|
HB4206 Enrolled |
- 19 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| the United
States or the Illinois National Guard, while in | 2 |
| the performance of their
official duty.
| 3 |
| (2) Bonafide collectors of antique or surplus military | 4 |
| ordinance.
| 5 |
| (3) Laboratories having a department of forensic | 6 |
| ballistics, or
specializing in the development of | 7 |
| ammunition or explosive ordinance.
| 8 |
| (4) Commerce, preparation, assembly or possession of | 9 |
| explosive
bullets by manufacturers of ammunition licensed | 10 |
| by the federal government,
in connection with the supply of | 11 |
| those organizations and persons exempted
by subdivision | 12 |
| (g)(1) of this Section, or like organizations and persons
| 13 |
| outside this State, or the transportation of explosive | 14 |
| bullets to any
organization or person exempted in this | 15 |
| Section by a common carrier or by a
vehicle owned or leased | 16 |
| by an exempted manufacturer.
| 17 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 18 |
| persons licensed
under federal law to manufacture any device or | 19 |
| attachment of any kind designed,
used, or intended for use in | 20 |
| silencing the report of any firearm, firearms, or
ammunition
| 21 |
| for those firearms equipped with those devices, and actually | 22 |
| engaged in the
business of manufacturing those devices, | 23 |
| firearms, or ammunition, but only with
respect to
activities | 24 |
| that are within the lawful scope of that business, such as the
| 25 |
| manufacture, transportation, or testing of those devices, | 26 |
| firearms, or
ammunition. This
exemption does not authorize the |
|
|
|
HB4206 Enrolled |
- 20 - |
LRB095 15078 RLC 41039 b |
|
| 1 |
| general private possession of any device or
attachment of any | 2 |
| kind designed, used, or intended for use in silencing the
| 3 |
| report of any firearm, but only such possession and activities | 4 |
| as are within
the
lawful scope of a licensed manufacturing | 5 |
| business described in this subsection
(g-5). During | 6 |
| transportation, those devices shall be detached from any weapon
| 7 |
| or
not immediately accessible.
| 8 |
| (h) An information or indictment based upon a violation of | 9 |
| any
subsection of this Article need not negative any exemptions | 10 |
| contained in
this Article. The defendant shall have the burden | 11 |
| of proving such an
exemption.
| 12 |
| (i) Nothing in this Article shall prohibit, apply to, or | 13 |
| affect
the transportation, carrying, or possession, of any | 14 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 15 |
| to a common carrier operating
under license of the State of | 16 |
| Illinois or the federal government, where
such transportation, | 17 |
| carrying, or possession is incident to the lawful
| 18 |
| transportation in which such common carrier is engaged; and | 19 |
| nothing in this
Article shall prohibit, apply to, or affect the | 20 |
| transportation, carrying,
or possession of any pistol, | 21 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 22 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 23 |
| this Article, which is unloaded and enclosed in a case, firearm
| 24 |
| carrying box, shipping box, or other container, by the | 25 |
| possessor of a valid
Firearm Owners Identification Card.
| 26 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
|
|