Full Text of HB4761 103rd General Assembly
HB4761 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4761 Introduced 2/6/2024, by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: | | 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 720 ILCS 5/24-2 | |
| Amends the Firearm Owners Identification Card Act. Provides that a veteran may acquire or possess a firearm, firearm ammunition, a stun gun, or taser without having in his or her possession a Firearm Owner's Identification Card. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons provisions and aggravated unlawful use of a weapon provisions restricting the carrying of firearms do not apply to veterans. Defines "veteran" as a person who has served in the Armed Forces of the United States or the Illinois National Guard and was discharged or separated under honorable conditions. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 2 as follows: | 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2) | 7 | | Sec. 2. Firearm Owner's Identification Card required; | 8 | | exceptions. | 9 | | (a) (1) No person may acquire or possess any firearm, stun | 10 | | gun, or taser within this State without having in his or her | 11 | | possession a Firearm Owner's Identification Card previously | 12 | | issued in his or her name by the Illinois State Police under | 13 | | the provisions of this Act. | 14 | | (2) No person may acquire or possess firearm ammunition | 15 | | within this State without having in his or her possession a | 16 | | Firearm Owner's Identification Card previously issued in his | 17 | | or her name by the Illinois State Police under the provisions | 18 | | of this Act. | 19 | | (b) The provisions of this Section regarding the | 20 | | possession of firearms, firearm ammunition, stun guns, and | 21 | | tasers do not apply to: | 22 | | (1) United States Marshals, while engaged in the | 23 | | operation of their official duties; |
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| 1 | | (2) Members of the Armed Forces of the United States | 2 | | or the National Guard, while engaged in the operation of | 3 | | their official duties; | 4 | | (3) Federal officials required to carry firearms, | 5 | | while engaged in the operation of their official duties; | 6 | | (4) Members of bona fide veterans organizations which | 7 | | receive firearms directly from the armed forces of the | 8 | | United States, while using the firearms for ceremonial | 9 | | purposes with blank ammunition; | 10 | | (5) Nonresident hunters during hunting season, with | 11 | | valid nonresident hunting licenses and while in an area | 12 | | where hunting is permitted; however, at all other times | 13 | | and in all other places these persons must have their | 14 | | firearms unloaded and enclosed in a case; | 15 | | (6) Those hunters exempt from obtaining a hunting | 16 | | license who are required to submit their Firearm Owner's | 17 | | Identification Card when hunting on Department of Natural | 18 | | Resources owned or managed sites; | 19 | | (7) Nonresidents while on a firing or shooting range | 20 | | recognized by the Illinois State Police; however, these | 21 | | persons must at all other times and in all other places | 22 | | have their firearms unloaded and enclosed in a case; | 23 | | (8) Nonresidents while at a firearm showing or display | 24 | | recognized by the Illinois State Police; however, at all | 25 | | other times and in all other places these persons must | 26 | | have their firearms unloaded and enclosed in a case; |
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| 1 | | (9) Nonresidents whose firearms are unloaded and | 2 | | enclosed in a case; | 3 | | (10) Nonresidents who are currently licensed or | 4 | | registered to possess a firearm in their resident state; | 5 | | (11) Unemancipated minors while in the custody and | 6 | | immediate control of their parent or legal guardian or | 7 | | other person in loco parentis to the minor if the parent or | 8 | | legal guardian or other person in loco parentis to the | 9 | | minor has a currently valid Firearm Owner's Identification | 10 | | Card; | 11 | | (12) Color guards of bona fide veterans organizations | 12 | | or members of bona fide American Legion bands while using | 13 | | firearms for ceremonial purposes with blank ammunition; | 14 | | (13) Nonresident hunters whose state of residence does | 15 | | not require them to be licensed or registered to possess a | 16 | | firearm and only during hunting season, with valid hunting | 17 | | licenses, while accompanied by, and using a firearm owned | 18 | | by, a person who possesses a valid Firearm Owner's | 19 | | Identification Card and while in an area within a | 20 | | commercial club licensed under the Wildlife Code where | 21 | | hunting is permitted and controlled, but in no instance | 22 | | upon sites owned or managed by the Department of Natural | 23 | | Resources; | 24 | | (14) Resident hunters who are properly authorized to | 25 | | hunt and, while accompanied by a person who possesses a | 26 | | valid Firearm Owner's Identification Card, hunt in an area |
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| 1 | | within a commercial club licensed under the Wildlife Code | 2 | | where hunting is permitted and controlled; and | 3 | | (15) A person who is otherwise eligible to obtain a | 4 | | Firearm Owner's Identification Card under this Act and is | 5 | | under the direct supervision of a holder of a Firearm | 6 | | Owner's Identification Card who is 21 years of age or | 7 | | older while the person is on a firing or shooting range or | 8 | | is a participant in a firearms safety and training course | 9 | | recognized by a law enforcement agency or a national, | 10 | | statewide shooting sports organization. | 11 | | (c) The provisions of this Section regarding the | 12 | | acquisition and possession of firearms, firearm ammunition, | 13 | | stun guns, and tasers do not apply to law enforcement | 14 | | officials of this or any other jurisdiction, while engaged in | 15 | | the operation of their official duties. | 16 | | (c-5) The provisions of paragraphs (1) and (2) of | 17 | | subsection (a) of this Section regarding the possession of | 18 | | firearms and firearm ammunition do not apply to the holder of a | 19 | | valid concealed carry license issued under the Firearm | 20 | | Concealed Carry Act who is in physical possession of the | 21 | | concealed carry license. | 22 | | (c-6) The provisions of paragraphs (1) and (2) of | 23 | | subsection (a) of this Section regarding the possession of | 24 | | firearms and firearm ammunition do not apply to veterans. In | 25 | | this subsection (c-6), "veteran" means a person who has served | 26 | | in the Armed Forces of the United States or the Illinois |
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| 1 | | National Guard and was discharged or separated under honorable | 2 | | conditions. | 3 | | (d) Any person who becomes a resident of this State, who is | 4 | | not otherwise prohibited from obtaining, possessing, or using | 5 | | a firearm or firearm ammunition, shall not be required to have | 6 | | a Firearm Owner's Identification Card to possess firearms or | 7 | | firearms ammunition until 60 calendar days after he or she | 8 | | obtains an Illinois driver's license or Illinois | 9 | | Identification Card. | 10 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.) | 11 | | Section 10. The Criminal Code of 2012 is amended by | 12 | | changing Section 24-2 as follows: | 13 | | (720 ILCS 5/24-2) | 14 | | Sec. 24-2. Exemptions. | 15 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 16 | | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of | 17 | | the following: | 18 | | (1) Peace officers, and any person summoned by a peace | 19 | | officer to assist in making arrests or preserving the | 20 | | peace, while actually engaged in assisting such officer. | 21 | | (2) Wardens, superintendents and keepers of prisons, | 22 | | penitentiaries, jails and other institutions for the | 23 | | detention of persons accused or convicted of an offense, | 24 | | while in the performance of their official duty, or while |
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| 1 | | commuting between their homes and places of employment. | 2 | | (3) Members of the Armed Services or Reserve Forces of | 3 | | the United States or the Illinois National Guard or the | 4 | | Reserve Officers Training Corps, while in the performance | 5 | | of their official duty. | 6 | | (4) Special agents employed by a railroad or a public | 7 | | utility to perform police functions, and guards of armored | 8 | | car companies, while actually engaged in the performance | 9 | | of the duties of their employment or commuting between | 10 | | their homes and places of employment; and watchmen while | 11 | | actually engaged in the performance of the duties of their | 12 | | employment. | 13 | | (5) Persons licensed as private security contractors, | 14 | | private detectives, or private alarm contractors, or | 15 | | employed by a private security contractor, private | 16 | | detective, or private alarm contractor agency licensed by | 17 | | the Department of Financial and Professional Regulation, | 18 | | if their duties include the carrying of a weapon under the | 19 | | provisions of the Private Detective, Private Alarm, | 20 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 21 | | 2004, while actually engaged in the performance of the | 22 | | duties of their employment or commuting between their | 23 | | homes and places of employment. A person shall be | 24 | | considered eligible for this exemption if he or she has | 25 | | completed the required 20 hours of training for a private | 26 | | security contractor, private detective, or private alarm |
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| 1 | | contractor, or employee of a licensed private security | 2 | | contractor, private detective, or private alarm contractor | 3 | | agency and 28 hours of required firearm training, and has | 4 | | been issued a firearm control card by the Department of | 5 | | Financial and Professional Regulation. Conditions for the | 6 | | renewal of firearm control cards issued under the | 7 | | provisions of this Section shall be the same as for those | 8 | | cards issued under the provisions of the Private | 9 | | Detective, Private Alarm, Private Security, Fingerprint | 10 | | Vendor, and Locksmith Act of 2004. The firearm control | 11 | | card shall be carried by the private security contractor, | 12 | | private detective, or private alarm contractor, or | 13 | | employee of the licensed private security contractor, | 14 | | private detective, or private alarm contractor agency at | 15 | | all times when he or she is in possession of a concealable | 16 | | weapon permitted by his or her firearm control card. | 17 | | (6) Any person regularly employed in a commercial or | 18 | | industrial operation as a security guard for the | 19 | | protection of persons employed and private property | 20 | | related to such commercial or industrial operation, while | 21 | | actually engaged in the performance of his or her duty or | 22 | | traveling between sites or properties belonging to the | 23 | | employer, and who, as a security guard, is a member of a | 24 | | security force registered with the Department of Financial | 25 | | and Professional Regulation; provided that such security | 26 | | guard has successfully completed a course of study, |
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| 1 | | approved by and supervised by the Department of Financial | 2 | | and Professional Regulation, consisting of not less than | 3 | | 48 hours of training that includes the theory of law | 4 | | enforcement, liability for acts, and the handling of | 5 | | weapons. A person shall be considered eligible for this | 6 | | exemption if he or she has completed the required 20 hours | 7 | | of training for a security officer and 28 hours of | 8 | | required firearm training, and has been issued a firearm | 9 | | control card by the Department of Financial and | 10 | | Professional Regulation. Conditions for the renewal of | 11 | | firearm control cards issued under the provisions of this | 12 | | Section shall be the same as for those cards issued under | 13 | | the provisions of the Private Detective, Private Alarm, | 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 15 | | 2004. The firearm control card shall be carried by the | 16 | | security guard at all times when he or she is in possession | 17 | | of a concealable weapon permitted by his or her firearm | 18 | | control card. | 19 | | (7) Agents and investigators of the Illinois | 20 | | Legislative Investigating Commission authorized by the | 21 | | Commission to carry the weapons specified in subsections | 22 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of | 23 | | any investigation for the Commission. | 24 | | (8) Persons employed by a financial institution as a | 25 | | security guard for the protection of other employees and | 26 | | property related to such financial institution, while |
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| 1 | | actually engaged in the performance of their duties, | 2 | | commuting between their homes and places of employment, or | 3 | | traveling between sites or properties owned or operated by | 4 | | such financial institution, and who, as a security guard, | 5 | | is a member of a security force registered with the | 6 | | Department; provided that any person so employed has | 7 | | successfully completed a course of study, approved by and | 8 | | supervised by the Department of Financial and Professional | 9 | | Regulation, consisting of not less than 48 hours of | 10 | | training which includes theory of law enforcement, | 11 | | liability for acts, and the handling of weapons. A person | 12 | | shall be considered to be eligible for this exemption if | 13 | | he or she has completed the required 20 hours of training | 14 | | for a security officer and 28 hours of required firearm | 15 | | training, and has been issued a firearm control card by | 16 | | the Department of Financial and Professional Regulation. | 17 | | Conditions for renewal of firearm control cards issued | 18 | | under the provisions of this Section shall be the same as | 19 | | for those issued under the provisions of the Private | 20 | | Detective, Private Alarm, Private Security, Fingerprint | 21 | | Vendor, and Locksmith Act of 2004. The firearm control | 22 | | card shall be carried by the security guard at all times | 23 | | when he or she is in possession of a concealable weapon | 24 | | permitted by his or her firearm control card. For purposes | 25 | | of this subsection, "financial institution" means a bank, | 26 | | savings and loan association, credit union or company |
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| 1 | | providing armored car services. | 2 | | (9) Any person employed by an armored car company to | 3 | | drive an armored car, while actually engaged in the | 4 | | performance of his duties. | 5 | | (10) Persons who have been classified as peace | 6 | | officers pursuant to the Peace Officer Fire Investigation | 7 | | Act. | 8 | | (11) Investigators of the Office of the State's | 9 | | Attorneys Appellate Prosecutor authorized by the board of | 10 | | governors of the Office of the State's Attorneys Appellate | 11 | | Prosecutor to carry weapons pursuant to Section 7.06 of | 12 | | the State's Attorneys Appellate Prosecutor's Act. | 13 | | (12) Special investigators appointed by a State's | 14 | | Attorney under Section 3-9005 of the Counties Code. | 15 | | (12.5) Probation officers while in the performance of | 16 | | their duties, or while commuting between their homes, | 17 | | places of employment or specific locations that are part | 18 | | of their assigned duties, with the consent of the chief | 19 | | judge of the circuit for which they are employed, if they | 20 | | have received weapons training according to requirements | 21 | | of the Peace Officer and Probation Officer Firearm | 22 | | Training Act. | 23 | | (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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| 1 | | (13.5) A person employed as an armed security guard at | 2 | | a nuclear energy, storage, weapons or development site or | 3 | | facility regulated by the Nuclear Regulatory Commission | 4 | | who has completed the background screening and training | 5 | | mandated by the rules and regulations of the Nuclear | 6 | | Regulatory Commission. | 7 | | (14) Manufacture, transportation, or sale of weapons | 8 | | to persons authorized under subdivisions (1) through | 9 | | (13.5) of this subsection to possess those weapons. | 10 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 11 | | to or affect any person carrying a concealed pistol, revolver, | 12 | | or handgun and the person has been issued a currently valid | 13 | | license under the Firearm Concealed Carry Act at the time of | 14 | | the commission of the offense. | 15 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 16 | | to or affect a qualified current or retired law enforcement | 17 | | officer or a current or retired deputy, county correctional | 18 | | officer, or correctional officer of the Department of | 19 | | Corrections qualified under the laws of this State or under | 20 | | the federal Law Enforcement Officers Safety Act. | 21 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 22 | | 24-1.6 do not apply to or affect any of the following: | 23 | | (1) Members of any club or organization organized for | 24 | | the purpose of practicing shooting at targets upon | 25 | | established target ranges, whether public or private, and | 26 | | patrons of such ranges, while such members or patrons are |
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| 1 | | using their firearms on those target ranges. | 2 | | (2) Duly authorized military or civil organizations | 3 | | while parading, with the special permission of the | 4 | | Governor. | 5 | | (3) Hunters, trappers, or fishermen while engaged in | 6 | | lawful hunting, trapping, or fishing under the provisions | 7 | | of the Wildlife Code or the Fish and Aquatic Life Code. | 8 | | (4) Transportation of weapons that are broken down in | 9 | | a non-functioning state or are not immediately accessible. | 10 | | (5) Carrying or possessing any pistol, revolver, stun | 11 | | gun or taser or other firearm on the land or in the legal | 12 | | dwelling of another person as an invitee with that | 13 | | person's permission. | 14 | | (6) Veterans. In this paragraph (6), "veteran" means a | 15 | | person who has served in the Armed Forces of the United | 16 | | States or the Illinois National Guard and was discharged | 17 | | or separated under honorable conditions. | 18 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 19 | | of the following: | 20 | | (1) Peace officers while in performance of their | 21 | | official duties. | 22 | | (2) Wardens, superintendents and keepers of prisons, | 23 | | penitentiaries, jails and other institutions for the | 24 | | detention of persons accused or convicted of an offense. | 25 | | (3) Members of the Armed Services or Reserve Forces of | 26 | | the United States or the Illinois National Guard, while in |
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| 1 | | the performance of their official duty. | 2 | | (4) Manufacture, transportation, or sale of machine | 3 | | guns to persons authorized under subdivisions (1) through | 4 | | (3) of this subsection to possess machine guns, if the | 5 | | machine guns are broken down in a non-functioning state or | 6 | | are not immediately accessible. | 7 | | (5) Persons licensed under federal law to manufacture | 8 | | any weapon from which 8 or more shots or bullets can be | 9 | | discharged by a single function of the firing device, or | 10 | | ammunition for such weapons, and actually engaged in the | 11 | | business of manufacturing such weapons or ammunition, but | 12 | | only with respect to activities which are within the | 13 | | lawful scope of such business, such as the manufacture, | 14 | | transportation, or testing of such weapons or ammunition. | 15 | | This exemption does not authorize the general private | 16 | | possession of any weapon from which 8 or more shots or | 17 | | bullets can be discharged by a single function of the | 18 | | firing device, but only such possession and activities as | 19 | | are within the lawful scope of a licensed manufacturing | 20 | | business described in this paragraph. | 21 | | During transportation, such weapons shall be broken | 22 | | down in a non-functioning state or not immediately | 23 | | accessible. | 24 | | (6) The manufacture, transport, testing, delivery, | 25 | | transfer or sale, and all lawful commercial or | 26 | | experimental activities necessary thereto, of rifles, |
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| 1 | | shotguns, and weapons made from rifles or shotguns, or | 2 | | ammunition for such rifles, shotguns or weapons, where | 3 | | engaged in by a person operating as a contractor or | 4 | | subcontractor pursuant to a contract or subcontract for | 5 | | the development and supply of such rifles, shotguns, | 6 | | weapons or ammunition to the United States government or | 7 | | any branch of the Armed Forces of the United States, when | 8 | | such activities are necessary and incident to fulfilling | 9 | | the terms of such contract. | 10 | | The exemption granted under this subdivision (c)(6) | 11 | | shall also apply to any authorized agent of any such | 12 | | contractor or subcontractor who is operating within the | 13 | | scope of his employment, where such activities involving | 14 | | such weapon, weapons or ammunition are necessary and | 15 | | incident to fulfilling the terms of such contract. | 16 | | (7) A person possessing a rifle with a barrel or | 17 | | barrels less than 16 inches in length if: (A) the person | 18 | | has been issued a Curios and Relics license from the U.S. | 19 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 20 | | (B) the person is an active member of a bona fide, | 21 | | nationally recognized military re-enacting group and the | 22 | | modification is required and necessary to accurately | 23 | | portray the weapon for historical re-enactment purposes; | 24 | | the re-enactor is in possession of a valid and current | 25 | | re-enacting group membership credential; and the overall | 26 | | length of the weapon as modified is not less than 26 |
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| 1 | | inches. | 2 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 3 | | possession or carrying of a black-jack or slung-shot by a | 4 | | peace officer. | 5 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 6 | | manager or authorized employee of any place specified in that | 7 | | subsection nor to any law enforcement officer. | 8 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 9 | | Section 24-1.6 do not apply to members of any club or | 10 | | organization organized for the purpose of practicing shooting | 11 | | at targets upon established target ranges, whether public or | 12 | | private, while using their firearms on those target ranges. | 13 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 14 | | to: | 15 | | (1) Members of the Armed Services or Reserve Forces of | 16 | | the United States or the Illinois National Guard, while in | 17 | | the performance of their official duty. | 18 | | (2) Bonafide collectors of antique or surplus military | 19 | | ordnance. | 20 | | (3) Laboratories having a department of forensic | 21 | | ballistics, or specializing in the development of | 22 | | ammunition or explosive ordnance. | 23 | | (4) Commerce, preparation, assembly or possession of | 24 | | explosive bullets by manufacturers of ammunition licensed | 25 | | by the federal government, in connection with the supply | 26 | | of those organizations and persons exempted by subdivision |
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| 1 | | (g)(1) of this Section, or like organizations and persons | 2 | | outside this State, or the transportation of explosive | 3 | | bullets to any organization or person exempted in this | 4 | | Section by a common carrier or by a vehicle owned or leased | 5 | | by an exempted manufacturer. | 6 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 7 | | persons licensed under federal law to manufacture any device | 8 | | or attachment of any kind designed, used, or intended for use | 9 | | in silencing the report of any firearm, firearms, or | 10 | | ammunition for those firearms equipped with those devices, and | 11 | | actually engaged in the business of manufacturing those | 12 | | devices, firearms, or ammunition, but only with respect to | 13 | | activities that are within the lawful scope of that business, | 14 | | such as the manufacture, transportation, or testing of those | 15 | | devices, firearms, or ammunition. This exemption does not | 16 | | authorize the general private possession of any device or | 17 | | attachment of any kind designed, used, or intended for use in | 18 | | silencing the report of any firearm, but only such possession | 19 | | and activities as are within the lawful scope of a licensed | 20 | | manufacturing business described in this subsection (g-5). | 21 | | During transportation, these devices shall be detached from | 22 | | any weapon or not immediately accessible. | 23 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 24 | | 24-1.6 do not apply to or affect any parole agent or parole | 25 | | supervisor who meets the qualifications and conditions | 26 | | prescribed in Section 3-14-1.5 of the Unified Code of |
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| 1 | | Corrections. | 2 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 3 | | officer while serving as a member of a tactical response team | 4 | | or special operations team. A peace officer may not personally | 5 | | own or apply for ownership of a device or attachment of any | 6 | | kind designed, used, or intended for use in silencing the | 7 | | report of any firearm. These devices shall be owned and | 8 | | maintained by lawfully recognized units of government whose | 9 | | duties include the investigation of criminal acts. | 10 | | (g-10) (Blank). | 11 | | (h) An information or indictment based upon a violation of | 12 | | any subsection of this Article need not negative any | 13 | | exemptions contained in this Article. The defendant shall have | 14 | | the burden of proving such an exemption. | 15 | | (i) Nothing in this Article shall prohibit, apply to, or | 16 | | affect the transportation, carrying, or possession, of any | 17 | | pistol or revolver, stun gun, taser, or other firearm | 18 | | consigned to a common carrier operating under license of the | 19 | | State of Illinois or the federal government, where such | 20 | | transportation, carrying, or possession is incident to the | 21 | | lawful transportation in which such common carrier is engaged; | 22 | | and nothing in this Article shall prohibit, apply to, or | 23 | | affect the transportation, carrying, or possession of any | 24 | | pistol, revolver, stun gun, taser, or other firearm, not the | 25 | | subject of and regulated by subsection 24-1(a)(7) or | 26 | | subsection 24-2(c) of this Article, which is unloaded and |
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| 1 | | enclosed in a case, firearm carrying box, shipping box, or | 2 | | other container, by the possessor of a valid Firearm Owners | 3 | | Identification Card. | 4 | | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; | 5 | | 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.) |
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