State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB0744eng

      50 ILCS 705/8.3 new
      720 ILCS 5/24-2           from Ch. 38, par. 24-2
          Amends the Illinois Police Training Act and the  Criminal
      Code  of  1961.    Exempts  from  provisions  prohibiting the
      carrying of a firearm concealed  on  one's  person  or  in  a
      vehicle,  retired  peace officers who within the preceding 12
      month period, completed the course of fire  required  by  the
      Illinois  Law Enforcement Training Standards Board for active
      officers for firearm qualification certification.
                                                     LRB9002032RCcw
HB0744 Engrossed                               LRB9002032RCcw
 1        AN  ACT  to  permit  retired  peace  officers  to   carry
 2    concealed firearms, amending named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Police Training Act  is  amended
 6    by adding Section 8.3 as follows:
 7        (50 ILCS 705/8.3 new)
 8        Sec. 8.3.  Concealed weapons identification.
 9        (a)  In this Section, "retired peace officer" means:
10             (1)  a  graduate  of  a police training institute or
11        academy, and  who  thereafter  served  for  at  least  15
12        consecutive  years  as  a  sworn, full-time peace officer
13        qualified to carry firearms  for  any  federal  or  State
14        department or agency; or for any unit of local government
15        of Illinois; and
16             (2)  who  has  retired  as a local, State or federal
17        peace  officer  in  a  publicly  created  peace   officer
18        retirement system; and
19             (3)  whose  service in law enforcement was honorably
20        terminated through retirement or disability, and not as a
21        result of discipline, suspension or discharge; and
22             (4)  who possesses a currently valid Firearm Owner's
23        Identification  Card  issued  under  the  Firearm  Owners
24        Identification Card Act, and a currently  valid  Illinois
25        driver's license; and
26             (5)  who  has, within the preceding 12 month period,
27        completed the course of fire required by the Illinois Law
28        Enforcement Training Standards Board for active  officers
29        for firearm qualification certification.
30        (b)  Duties   of  Board.  The  Illinois  Law  Enforcement
31    Training Standards Board shall  issue  appropriate  concealed
HB0744 Engrossed            -2-                LRB9002032RCcw
 1    weapons  identification,  valid for a period of one year from
 2    the date of issuance,  to  any  person  presenting  certified
 3    documentation  in  a  form acceptable to it of an applicant's
 4    fulfilling  the  requirements  of  this  Section,   and   its
 5    verification  of  that  information by independent inquiry of
 6    the retiree's identified police agency, force,  or  employing
 7    jurisdiction, and requisite firearms qualification.
 8        The  retired  officer  shall  be allowed to discharge the
 9    course of fire requirement of  this  Section  at  any  firing
10    range certified by the Board, under the observance of a Board
11    certified  firearm  training  instructor  or  other  suitable
12    monitor  approved by the Board.  The retired officer shall be
13    responsible for obtaining a range and a certified or approved
14    instructor to monitor  and  certify  his  or  her  qualifying
15    course  of  fire  and  shall  bear  all expenses related to a
16    requirement  of  weapons  qualification  or   reunifications,
17    including the cost of ammunition, range and instructor fees.
18        The  Board may charge a reasonable fee for the processing
19    of  applications  and  the  provision  of  concealed  weapons
20    identification. The fee shall be deposited into  the  Traffic
21    and  Criminal  Conviction  Surcharge  Fund.  Expenditures for
22    activities related to the processing of applications and  the
23    provision  of identification shall be considered ordinary and
24    contingent expenses as described in subsection (1) of Section
25    9 of this Act.
26        Section 10.  The Criminal Code  of  1961  is  amended  by
27    changing Section 24-2 as follows:
28        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
29        (Text of Section before amendment by P.A. 89-685)
30        Sec. 24-2.  Exemptions.
31        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
32    do not apply to or affect any of the following:
HB0744 Engrossed            -3-                LRB9002032RCcw
 1             (1)  Peace officers, and any person  summoned  by  a
 2        peace  officer  to assist in making arrests or preserving
 3        the peace,  while  actually  engaged  in  assisting  such
 4        officer.
 5             (2)  Wardens,   superintendents   and   keepers   of
 6        prisons, penitentiaries, jails and other institutions for
 7        the  detention  of  persons  accused  or  convicted of an
 8        offense, while in the performance of their official duty,
 9        or while commuting between  their  homes  and  places  of
10        employment.
11             (3)  Members of the Armed Services or Reserve Forces
12        of  the  United  States or the Illinois National Guard or
13        the  Reserve  Officers  Training  Corps,  while  in   the
14        performance of their official duty.
15             (4)  Special  agents  employed  by  a  railroad or a
16        public utility to perform police functions, and guards of
17        armored car companies,  while  actually  engaged  in  the
18        performance   of   the  duties  of  their  employment  or
19        commuting between their homes and places  of  employment;
20        and watchmen while actually engaged in the performance of
21        the duties of their employment.
22             (5)  Persons    licensed    as    private   security
23        contractors,  private  detectives,   or   private   alarm
24        contractors,  or  employed  by an agency certified by the
25        Department of Professional Regulation,  if  their  duties
26        include  the carrying of a weapon under the provisions of
27        the  Private  Detective,  Private  Alarm,   and   Private
28        Security  Act  of  1983,  while  actually  engaged in the
29        performance  of  the  duties  of  their   employment   or
30        commuting  between  their homes and places of employment,
31        provided that such commuting is accomplished  within  one
32        hour  from departure from home or place of employment, as
33        the case may be.  Persons exempted under this subdivision
34        (a)(5) shall be required to have completed  a  course  of
HB0744 Engrossed            -4-                LRB9002032RCcw
 1        study  in  firearms  handling  and  training approved and
 2        supervised by the Department of  Professional  Regulation
 3        as  prescribed  by  Section  28 of the Private Detective,
 4        Private Alarm, and Private Security Act of 1983, prior to
 5        becoming eligible for this exemption.  The Department  of
 6        Professional    Regulation    shall    provide   suitable
 7        documentation demonstrating the successful completion  of
 8        the  prescribed  firearms  training.   Such documentation
 9        shall be carried at all times when such  persons  are  in
10        possession of a concealable weapon.
11             (6)  Any  person  regularly employed in a commercial
12        or industrial operation  as  a  security  guard  for  the
13        protection  of  persons  employed  and  private  property
14        related to such commercial or industrial operation, while
15        actually engaged in the performance of his or her duty or
16        traveling  between  sites  or properties belonging to the
17        employer, and who, as a security guard, is a member of  a
18        security  force of at least 5 persons registered with the
19        Department of Professional Regulation; provided that such
20        security guard has successfully  completed  a  course  of
21        study,  approved  by  and supervised by the Department of
22        Professional Regulation, consisting of not less  than  40
23        hours  of  training  that  includes  the  theory  of  law
24        enforcement,  liability  for  acts,  and  the handling of
25        weapons.  A person shall be considered eligible for  this
26        exemption  if  he  or  she  has completed the required 20
27        hours of training for a security officer and 20 hours  of
28        required  firearm training, and has been issued a firearm
29        authorization card  by  the  Department  of  Professional
30        Regulation.    Conditions  for  the  renewal  of  firearm
31        authorization cards issued under the provisions  of  this
32        Section shall be the same as for those cards issued under
33        the  provisions  of  the Private Detective, Private Alarm
34        and  Private  Security  Act  of   1983.    Such   firearm
HB0744 Engrossed            -5-                LRB9002032RCcw
 1        authorization card shall be carried by the security guard
 2        at  all  times  when  he  or  she  is  in possession of a
 3        concealable weapon.
 4             (7)  Agents  and  investigators  of   the   Illinois
 5        Legislative  Investigating  Commission  authorized by the
 6        Commission to carry the weapons specified in  subsections
 7        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 8        any investigation for the Commission.
 9             (8)  Persons employed by a financial institution for
10        the protection of other employees and property related to
11        such financial institution, while actually engaged in the
12        performance  of  their  duties,  commuting  between their
13        homes and places  of  employment,  or  traveling  between
14        sites  or  properties owned or operated by such financial
15        institution, provided that any  person  so  employed  has
16        successfully completed a course of study, approved by and
17        supervised  by the Department of Professional Regulation,
18        consisting of not less than 40 hours  of  training  which
19        includes  theory  of law enforcement, liability for acts,
20        and the handling of weapons. A person shall be considered
21        to be eligible for  this  exemption  if  he  or  she  has
22        completed  the  required  20  hours  of  training  for  a
23        security   officer  and  20  hours  of  required  firearm
24        training, and has been  issued  a  firearm  authorization
25        card   by  the  Department  of  Professional  Regulation.
26        Conditions for renewal  of  firearm  authorization  cards
27        issued  under the provisions of this Section shall be the
28        same as for those issued  under  the  provisions  of  the
29        Private Detective, Private Alarm and Private Security Act
30        of  1983.   Such  firearm  authorization  card  shall  be
31        carried  by  the person so trained at all times when such
32        person is in possession of  a  concealable  weapon.   For
33        purposes  of  this  subsection,  "financial  institution"
34        means  a bank, savings and loan association, credit union
HB0744 Engrossed            -6-                LRB9002032RCcw
 1        or company providing armored car services.
 2             (9)  Any person employed by an armored  car  company
 3        to  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
11        Appellate Prosecutor to carry weapons pursuant to Section
12        7.06 of 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             (13)  Manufacture,  transportation,   or   sale   of
16        weapons  to  persons  authorized  under  subdivisions (1)
17        through (12) of this subsection to possess those weapons.
18        (b)  Subsections 24-1(a)(4) and 24-1(a)(10) do not  apply
19    to or affect any of the following:
20             (1)  Members  of  any club or organization organized
21        for the purpose of practicing shooting  at  targets  upon
22        established target ranges, whether public or private, and
23        patrons of such ranges, while such members or patrons are
24        using their firearms on those target ranges.
25             (2)  Duly authorized military or civil organizations
26        while  parading,  with  the  special  permission  of  the
27        Governor.
28             (3)  Licensed  hunters,  trappers or fishermen while
29        engaged in hunting, trapping or fishing.
30             (4)  Transportation of weapons that are broken  down
31        in   a  non-functioning  state  or  are  not  immediately
32        accessible.
33             (5)  A retired peace officer who possesses concealed
34        weapons identification under Section 8.3 of the  Illinois
HB0744 Engrossed            -7-                LRB9002032RCcw
 1        Police Training Act.
 2        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
 3    any of the following:
 4             (1)  Peace officers while in  performance  of  their
 5        official duties.
 6             (2)  Wardens,   superintendents   and   keepers   of
 7        prisons, penitentiaries, jails and other institutions for
 8        the  detention  of  persons  accused  or  convicted of an
 9        offense.
10             (3)  Members of the Armed Services or Reserve Forces
11        of the United States  or  the  Illinois  National  Guard,
12        while in the performance of their official duty.
13             (4)  Manufacture, transportation, or sale of machine
14        guns to persons authorized under subdivisions (1) through
15        (3)  of  this  subsection to possess machine guns, if the
16        machine guns are broken down in a  non-functioning  state
17        or are not immediately accessible.
18             (5)  Persons   licensed   under   federal   law   to
19        manufacture  any  weapon  from  which  8 or more shots or
20        bullets can be discharged by a  single  function  of  the
21        firing  device,  or  ammunition  for  such  weapons,  and
22        actually  engaged  in  the business of manufacturing such
23        weapons  or  ammunition,  but  only   with   respect   to
24        activities  which  are  within  the  lawful scope of such
25        business, such as  the  manufacture,  transportation,  or
26        testing  of  such  weapons or ammunition.  This exemption
27        does not authorize the general private possession of  any
28        weapon  from  which  8  or  more  shots or bullets can be
29        discharged by a single function of the firing device, but
30        only such possession and activities  as  are  within  the
31        lawful   scope   of  a  licensed  manufacturing  business
32        described in this paragraph.
33             During transportation, such weapons shall be  broken
34        down  in  a  non-functioning  state  or  not  immediately
HB0744 Engrossed            -8-                LRB9002032RCcw
 1        accessible.
 2             (6)  The  manufacture, transport, testing, delivery,
 3        transfer  or  sale,  and   all   lawful   commercial   or
 4        experimental  activities  necessary  thereto,  of rifles,
 5        shotguns, and weapons made from rifles  or  shotguns,  or
 6        ammunition  for  such  rifles, shotguns or weapons, where
 7        engaged in by a  person  operating  as  a  contractor  or
 8        subcontractor  pursuant  to a contract or subcontract for
 9        the development and  supply  of  such  rifles,  shotguns,
10        weapons  or ammunition to the United States government or
11        any branch of the Armed Forces of the United States, when
12        such activities are necessary and incident to  fulfilling
13        the terms of such contract.
14             The  exemption granted under this subdivision (c)(6)
15        shall also apply to any  authorized  agent  of  any  such
16        contractor  or  subcontractor who is operating within the
17        scope of his employment, where such activities  involving
18        such  weapon,  weapons  or  ammunition  are necessary and
19        incident to fulfilling the terms of such contract.
20             During transportation,  any  such  weapon  shall  be
21        broken   down   in   a   non-functioning  state,  or  not
22        immediately accessible.
23        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
24    purchase,   possession   or   carrying  of  a  black-jack  or
25    slung-shot by a peace officer.
26        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
27    manager or authorized employee of any place specified in that
28    subsection nor to any law enforcement officer.
29        (f)  Subsection  24-1(a)(4) and subsection 24-1(a)(10) do
30    not apply to members of any club  or  organization  organized
31    for  the  purpose  of  practicing  shooting  at  targets upon
32    established target ranges, whether public or  private,  while
33    using their firearms on those target ranges.
34        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
HB0744 Engrossed            -9-                LRB9002032RCcw
 1    apply to:
 2             (1)  Members of the Armed Services or Reserve Forces
 3        of  the  United  States  or  the Illinois National Guard,
 4        while in the performance of their official duty.
 5             (2)  Bonafide  collectors  of  antique  or   surplus
 6        military ordinance.
 7             (3)  Laboratories  having  a  department of forensic
 8        ballistics,  or  specializing  in  the   development   of
 9        ammunition or explosive ordinance.
10             (4)  Commerce,  preparation,  assembly or possession
11        of  explosive  bullets  by  manufacturers  of  ammunition
12        licensed by the federal government,  in  connection  with
13        the supply of those organizations and persons exempted by
14        subdivision (g)(1) of this Section, or like organizations
15        and  persons outside this State, or the transportation of
16        explosive bullets to any organization or person  exempted
17        in this Section by a common carrier or by a vehicle owned
18        or leased by an exempted manufacturer.
19        (h)  An  information or indictment based upon a violation
20    of any subsection of  this  Article  need  not  negative  any
21    exemptions  contained  in  this Article.  The defendant shall
22    have the burden of proving such an exemption.
23        (i)  Nothing in this Article shall prohibit, apply to, or
24    affect the transportation, carrying, or  possession,  of  any
25    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
26    consigned  to a common carrier operating under license of the
27    State of Illinois  or  the  federal  government,  where  such
28    transportation,  carrying,  or  possession is incident to the
29    lawful  transportation  in  which  such  common  carrier   is
30    engaged;  and  nothing  in this Article shall prohibit, apply
31    to, or affect the transportation, carrying, or possession  of
32    any  pistol, revolver, stun gun, taser, or other firearm, not
33    the subject of and  regulated  by  subsection  24-1(a)(7)  or
34    subsection  24-2(c)  of  this  Article, which is unloaded and
HB0744 Engrossed            -10-               LRB9002032RCcw
 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. 87-435; 87-845; 87-895.)
 5        (Text of Section after amendment by P.A. 89-685)
 6        Sec. 24-2.  Exemptions.
 7        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
 8    do not apply to or affect any of the following:
 9             (1)  Peace  officers,  and  any person summoned by a
10        peace officer to assist in making arrests  or  preserving
11        the  peace,  while  actually  engaged  in  assisting such
12        officer.
13             (2)  Wardens,   superintendents   and   keepers   of
14        prisons, penitentiaries, jails and other institutions for
15        the detention of  persons  accused  or  convicted  of  an
16        offense, while in the performance of their official duty,
17        or  while  commuting  between  their  homes and places of
18        employment.
19             (3)  Members of the Armed Services or Reserve Forces
20        of the United States or the Illinois  National  Guard  or
21        the   Reserve  Officers  Training  Corps,  while  in  the
22        performance of their official duty.
23             (4)  Special agents employed  by  a  railroad  or  a
24        public utility to perform police functions, and guards of
25        armored  car  companies,  while  actually  engaged in the
26        performance  of  the  duties  of  their   employment   or
27        commuting  between  their homes and places of employment;
28        and watchmen while actually engaged in the performance of
29        the duties of their employment.
30             (5)  Persons   licensed    as    private    security
31        contractors,   private   detectives,   or  private  alarm
32        contractors, or employed by an agency  certified  by  the
33        Department  of  Professional  Regulation, if their duties
34        include the carrying of a weapon under the provisions  of
HB0744 Engrossed            -11-               LRB9002032RCcw
 1        the   Private   Detective,  Private  Alarm,  and  Private
 2        Security Act of  1983,  while  actually  engaged  in  the
 3        performance   of   the  duties  of  their  employment  or
 4        commuting between their homes and places  of  employment,
 5        provided  that  such commuting is accomplished within one
 6        hour from departure from home or place of employment,  as
 7        the case may be.  Persons exempted under this subdivision
 8        (a)(5)  shall  be required to have completed  a course of
 9        study in firearms  handling  and  training  approved  and
10        supervised  by  the Department of Professional Regulation
11        as prescribed by Section 28  of  the  Private  Detective,
12        Private Alarm, and Private Security Act of 1983, prior to
13        becoming  eligible for this exemption.  The Department of
14        Professional   Regulation    shall    provide    suitable
15        documentation  demonstrating the successful completion of
16        the prescribed  firearms  training.   Such  documentation
17        shall  be  carried  at all times when such persons are in
18        possession of a concealable weapon.
19             (6)  Any person regularly employed in  a  commercial
20        or  industrial  operation  as  a  security  guard for the
21        protection  of  persons  employed  and  private  property
22        related to such commercial or industrial operation, while
23        actually engaged in the performance of his or her duty or
24        traveling between sites or properties  belonging  to  the
25        employer,  and who, as a security guard, is a member of a
26        security force of at least 5 persons registered with  the
27        Department of Professional Regulation; provided that such
28        security  guard  has  successfully  completed a course of
29        study, approved by and supervised by  the  Department  of
30        Professional  Regulation,  consisting of not less than 40
31        hours  of  training  that  includes  the  theory  of  law
32        enforcement, liability for  acts,  and  the  handling  of
33        weapons.   A person shall be considered eligible for this
34        exemption if he or she  has  completed  the  required  20
HB0744 Engrossed            -12-               LRB9002032RCcw
 1        hours  of training for a security officer and 20 hours of
 2        required firearm training, and has been issued a  firearm
 3        authorization  card  by  the  Department  of Professional
 4        Regulation.   Conditions  for  the  renewal  of   firearm
 5        authorization  cards  issued under the provisions of this
 6        Section shall be the same as for those cards issued under
 7        the provisions of the Private  Detective,  Private  Alarm
 8        and   Private   Security   Act  of  1983.   Such  firearm
 9        authorization card shall be carried by the security guard
10        at all times when  he  or  she  is  in  possession  of  a
11        concealable weapon.
12             (7)  Agents   and   investigators  of  the  Illinois
13        Legislative Investigating Commission  authorized  by  the
14        Commission  to carry the weapons specified in subsections
15        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
16        any investigation for the Commission.
17             (8)  Persons employed by a financial institution for
18        the protection of other employees and property related to
19        such financial institution, while actually engaged in the
20        performance of  their  duties,  commuting  between  their
21        homes  and  places  of  employment,  or traveling between
22        sites or properties owned or operated by  such  financial
23        institution,  provided  that  any  person so employed has
24        successfully completed a course of study, approved by and
25        supervised by the Department of Professional  Regulation,
26        consisting  of  not  less than 40 hours of training which
27        includes theory of law enforcement, liability  for  acts,
28        and the handling of weapons. A person shall be considered
29        to  be  eligible  for  this  exemption  if  he or she has
30        completed  the  required  20  hours  of  training  for  a
31        security  officer  and  20  hours  of  required   firearm
32        training,  and  has  been  issued a firearm authorization
33        card  by  the  Department  of  Professional   Regulation.
34        Conditions  for  renewal  of  firearm authorization cards
HB0744 Engrossed            -13-               LRB9002032RCcw
 1        issued under the provisions of this Section shall be  the
 2        same  as  for  those  issued  under the provisions of the
 3        Private Detective, Private Alarm and Private Security Act
 4        of  1983.   Such  firearm  authorization  card  shall  be
 5        carried by the person so trained at all times  when  such
 6        person  is  in  possession  of a concealable weapon.  For
 7        purposes  of  this  subsection,  "financial  institution"
 8        means a bank, savings and loan association, credit  union
 9        or company providing armored car services.
10             (9)  Any  person  employed by an armored car company
11        to drive an armored car, while actually  engaged  in  the
12        performance of his duties.
13             (10)  Persons  who  have  been  classified  as peace
14        officers pursuant to the Peace Officer Fire Investigation
15        Act.
16             (11)  Investigators of the  Office  of  the  State's
17        Attorneys Appellate Prosecutor authorized by the board of
18        governors   of   the  Office  of  the  State's  Attorneys
19        Appellate Prosecutor to carry weapons pursuant to Section
20        7.06 of the State's Attorneys Appellate Prosecutor's Act.
21             (12)  Special investigators appointed by  a  State's
22        Attorney under Section 3-9005 of the Counties Code.
23             (13)  Court   Security   Officers   while   in   the
24        performance  of their official duties, or while commuting
25        between their homes and places of  employment,  with  the
26        consent of the Sheriff.
27             (14)  Manufacture,   transportation,   or   sale  of
28        weapons to  persons  authorized  under  subdivisions  (1)
29        through (13) of this subsection to possess those weapons.
30        (b)  Subsections  24-1(a)(4) and 24-1(a)(10) do not apply
31    to or affect any of the following:
32             (1)  Members of any club or  organization  organized
33        for  the  purpose  of practicing shooting at targets upon
34        established target ranges, whether public or private, and
HB0744 Engrossed            -14-               LRB9002032RCcw
 1        patrons of such ranges, while such members or patrons are
 2        using their firearms on those target ranges.
 3             (2)  Duly authorized military or civil organizations
 4        while  parading,  with  the  special  permission  of  the
 5        Governor.
 6             (3)  Licensed hunters, trappers or  fishermen  while
 7        engaged in hunting, trapping or fishing.
 8             (4)  Transportation  of weapons that are broken down
 9        in  a  non-functioning  state  or  are  not   immediately
10        accessible.
11             (5)  A retired peace officer who possesses concealed
12        weapons  identification under Section 8.3 of the Illinois
13        Police Training Act.
14        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
15    any of the following:
16             (1)  Peace  officers  while  in performance of their
17        official duties.
18             (2)  Wardens,   superintendents   and   keepers   of
19        prisons, penitentiaries, jails and other institutions for
20        the detention of  persons  accused  or  convicted  of  an
21        offense.
22             (3)  Members of the Armed Services or Reserve Forces
23        of  the  United  States  or  the Illinois National Guard,
24        while in the performance of their official duty.
25             (4)  Manufacture, transportation, or sale of machine
26        guns to persons authorized under subdivisions (1) through
27        (3) of this subsection to possess machine  guns,  if  the
28        machine  guns  are broken down in a non-functioning state
29        or are not immediately accessible.
30             (5)  Persons   licensed   under   federal   law   to
31        manufacture any weapon from which  8  or  more  shots  or
32        bullets  can  be  discharged  by a single function of the
33        firing  device,  or  ammunition  for  such  weapons,  and
34        actually engaged in the business  of  manufacturing  such
HB0744 Engrossed            -15-               LRB9002032RCcw
 1        weapons   or   ammunition,   but  only  with  respect  to
 2        activities which are within  the  lawful  scope  of  such
 3        business,  such  as  the  manufacture, transportation, or
 4        testing of such weapons or  ammunition.   This  exemption
 5        does  not authorize the general private possession of any
 6        weapon from which 8 or  more  shots  or  bullets  can  be
 7        discharged by a single function of the firing device, but
 8        only  such  possession  and  activities as are within the
 9        lawful  scope  of  a  licensed   manufacturing   business
10        described in this paragraph.
11             During  transportation, such weapons shall be broken
12        down  in  a  non-functioning  state  or  not  immediately
13        accessible.
14             (6)  The manufacture, transport, testing,  delivery,
15        transfer   or   sale,   and   all  lawful  commercial  or
16        experimental activities  necessary  thereto,  of  rifles,
17        shotguns,  and  weapons  made from rifles or shotguns, or
18        ammunition for such rifles, shotguns  or  weapons,  where
19        engaged  in  by  a  person  operating  as a contractor or
20        subcontractor pursuant to a contract or  subcontract  for
21        the  development  and  supply  of  such rifles, shotguns,
22        weapons or ammunition to the United States government  or
23        any branch of the Armed Forces of the United States, when
24        such  activities are necessary and incident to fulfilling
25        the terms of such contract.
26             The exemption granted under this subdivision  (c)(6)
27        shall  also  apply  to  any  authorized agent of any such
28        contractor or subcontractor who is operating  within  the
29        scope  of his employment, where such activities involving
30        such weapon, weapons  or  ammunition  are  necessary  and
31        incident to fulfilling the terms of such contract.
32             During  transportation,  any  such  weapon  shall be
33        broken  down  in  a   non-functioning   state,   or   not
34        immediately accessible.
HB0744 Engrossed            -16-               LRB9002032RCcw
 1        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
 2    purchase,  possession  or  carrying  of   a   black-jack   or
 3    slung-shot by a peace officer.
 4        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
 5    manager or authorized employee of any place specified in that
 6    subsection nor to any law enforcement officer.
 7        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10)  do
 8    not  apply  to  members of any club or organization organized
 9    for the  purpose  of  practicing  shooting  at  targets  upon
10    established  target  ranges, whether public or private, while
11    using their firearms on those target ranges.
12        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
13    apply to:
14             (1)  Members of the Armed Services or Reserve Forces
15        of the United States  or  the  Illinois  National  Guard,
16        while in the performance of their official duty.
17             (2)  Bonafide   collectors  of  antique  or  surplus
18        military ordinance.
19             (3)  Laboratories having a  department  of  forensic
20        ballistics,   or   specializing  in  the  development  of
21        ammunition or explosive ordinance.
22             (4)  Commerce, preparation, assembly  or  possession
23        of  explosive  bullets  by  manufacturers  of  ammunition
24        licensed  by  the  federal government, in connection with
25        the supply of those organizations and persons exempted by
26        subdivision (g)(1) of this Section, or like organizations
27        and persons outside this State, or the transportation  of
28        explosive  bullets to any organization or person exempted
29        in this Section by a common carrier or by a vehicle owned
30        or leased by an exempted manufacturer.
31        (h)  An information or indictment based upon a  violation
32    of  any  subsection  of  this  Article  need not negative any
33    exemptions contained in this Article.   The  defendant  shall
34    have the burden of proving such an exemption.
HB0744 Engrossed            -17-               LRB9002032RCcw
 1        (i)  Nothing in this Article shall prohibit, apply to, or
 2    affect  the  transportation,  carrying, or possession, of any
 3    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
 4    consigned to a common carrier operating under license of  the
 5    State  of  Illinois  or  the  federal  government, where such
 6    transportation, carrying, or possession is  incident  to  the
 7    lawful   transportation  in  which  such  common  carrier  is
 8    engaged; and nothing in this Article  shall  prohibit,  apply
 9    to,  or affect the transportation, carrying, or possession of
10    any pistol, revolver, stun gun, taser, or other firearm,  not
11    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
12    subsection 24-2(c) of this Article,  which  is  unloaded  and
13    enclosed  in  a  case, firearm carrying box, shipping box, or
14    other container, by the possessor of a valid  Firearm  Owners
15    Identification Card.
16    (Source: P.A. 89-685, eff. 6-1-97.)
17        Section  95.  No  acceleration  or delay.  Where this Act
18    makes changes in a statute that is represented in this Act by
19    text that is not yet or no longer in effect (for  example,  a
20    Section  represented  by  multiple versions), the use of that
21    text does not accelerate or delay the taking  effect  of  (i)
22    the  changes made by this Act or (ii) provisions derived from
23    any other Public Act.

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