State of Illinois
92nd General Assembly
Legislation

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92_SB0652

 
                                              LRB9201548ARsbA

 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
 5    changing Sections 24-1, 24-1.6, 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
 9    weapons 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
15        to  a button, spring or other device in the handle of the
16        knife, or a ballistic  knife,  which  is  a  device  that
17        propels  a  knifelike blade as a projectile by means of a
18        coil spring, elastic material or compressed gas; or
19             (2)  Carries or possesses with  intent  to  use  the
20        same  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
23        or deadly weapon or instrument of like character; or
24             (3)  Carries on  or  about  his  person  or  in  any
25        vehicle,  a  tear gas gun projector or bomb or any object
26        containing noxious liquid gas or substance, other than an
27        object containing a  non-lethal  noxious  liquid  gas  or
28        substance designed solely for personal defense carried by
29        a person 18 years of age or older; or
30             (4)  Carries   or   possesses   in  any  vehicle  or
31        concealed on or about his person except when on his  land
 
                            -2-               LRB9201548ARsbA
 1        or  in  his  own  abode  or  fixed  place of business any
 2        pistol, revolver, stun gun or  taser  or  other  firearm,
 3        except  that this subsection (a) (4) does not apply to or
 4        affect transportation of weapons if that meet one of  the
 5        following conditions:
 6                  (i)  the   weapon  is  are  broken  down  in  a
 7             non-functioning state; or
 8                  (ii)  the  weapon  is   are   not   immediately
 9             accessible; or
10                  (iii)  the  weapon is are unloaded and enclosed
11             in a case, firearm carrying box,  shipping  box,  or
12             other  container  by  a person who has been issued a
13             currently valid Firearm Owner's Identification Card,
14             and the weapon is not in a case or  other  container
15             that  is  worn  on or around or hung from a person's
16             waist or mid-section; or
17             (5)  Sets a spring gun; or
18             (6)  Possesses any device or attachment of any  kind
19        designed,  used  or  intended  for  use  in silencing the
20        report of any firearm; or
21             (7)  Sells, manufactures,  purchases,  possesses  or
22        carries:
23                  (i)  a  machine gun, which shall be defined for
24             the purposes of this subsection as any weapon, which
25             shoots, is designed to  shoot,  or  can  be  readily
26             restored  to shoot, automatically more than one shot
27             without manually reloading by a single  function  of
28             the  trigger, including the frame or receiver of any
29             such  weapon,  or  sells,  manufactures,  purchases,
30             possesses,  or  carries  any  combination  of  parts
31             designed or  intended  for  use  in  converting  any
32             weapon  into  a  machine  gun, or any combination or
33             parts from which a machine gun can be  assembled  if
34             such  parts  are  in  the  possession  or  under the
 
                            -3-               LRB9201548ARsbA
 1             control of a person;
 2                  (ii)  any rifle having one or more barrels less
 3             than 16 inches in length or a shotgun having one  or
 4             more  barrels  less  than 18 inches in length or any
 5             weapon made from a  rifle  or  shotgun,  whether  by
 6             alteration,  modification,  or  otherwise, if such a
 7             weapon as modified has an  overall  length  of  less
 8             than 26 inches; or
 9                  (iii)  any bomb, bomb-shell, grenade, bottle or
10             other container containing an explosive substance of
11             over  one-quarter  ounce for like purposes, such as,
12             but not limited to, black powder bombs  and  Molotov
13             cocktails or artillery projectiles; or
14             (8)  Carries  or  possesses any firearm, stun gun or
15        taser or other  deadly  weapon  in  any  place  which  is
16        licensed to sell intoxicating beverages, or at any public
17        gathering  held  pursuant  to  a  license  issued  by any
18        governmental body or any public  gathering  at  which  an
19        admission  is charged, excluding a place where a showing,
20        demonstration or  lecture  involving  the  exhibition  of
21        unloaded firearms is conducted.
22             This subsection (a)(8) does not apply to any auction
23        or  raffle  of  a  firearm  held pursuant to a license or
24        permit issued by a governmental body, nor does  it  apply
25        to persons engaged in firearm safety training courses; or
26             (9)  Carries  or  possesses  in  a  vehicle or on or
27        about his person any pistol, revolver, stun gun or  taser
28        or  firearm  or ballistic knife, when he is hooded, robed
29        or masked in such manner as to conceal his identity; or
30             (10)  Carries or possesses on or about  his  person,
31        upon  any  public  street,  alley,  or other public lands
32        within  the  corporate  limits  of  a  city,  village  or
33        incorporated town, except  when  an  invitee  thereon  or
34        therein, for the purpose of the display of such weapon or
 
                            -4-               LRB9201548ARsbA
 1        the  lawful  commerce  in  weapons, or except when on his
 2        land or in his own abode or fixed place of business,  any
 3        pistol,  revolver,  stun  gun  or taser or other firearm,
 4        except that this subsection (a) (10) does not apply to or
 5        affect transportation of a weapon if  weapons  that  meet
 6        one of the following conditions:
 7                  (i)  the   weapon  is  are  broken  down  in  a
 8             non-functioning state; or
 9                  (ii)  the  weapon  is   are   not   immediately
10             accessible; or
11                  (iii)  the  weapon is are unloaded and enclosed
12             in a case, firearm carrying box,  shipping  box,  or
13             other  container  by  a person who has been issued a
14             currently valid Firearm Owner's Identification Card,
15             and the weapon is not in a case or  other  container
16             that  is  worn  on or around or hung from a person's
17             waist or mid-section.
18             A "stun gun or taser", as used in this paragraph (a)
19        means (i) any  device  which  is  powered  by  electrical
20        charging  units,  such as, batteries, and which fires one
21        or several barbs attached to a length of wire and  which,
22        upon  hitting  a human, can send out a current capable of
23        disrupting the person's nervous system in such  a  manner
24        as  to render him incapable of normal functioning or (ii)
25        any device which is powered by electrical charging units,
26        such as batteries, and which, upon contact with  a  human
27        or clothing worn by a human, can send out current capable
28        of  disrupting  the  person's  nervous  system  in such a
29        manner as to render him incapable of normal  functioning;
30        or
31             (11)  Sells, manufactures or purchases any explosive
32        bullet.   For  purposes  of this paragraph (a) "explosive
33        bullet" means the projectile  portion  of  an  ammunition
34        cartridge  which  contains or carries an explosive charge
 
                            -5-               LRB9201548ARsbA
 1        which will explode upon contact with the flesh of a human
 2        or an animal.  "Cartridge" means  a  tubular  metal  case
 3        having  a  projectile  affixed at the front thereof and a
 4        cap  or  primer  at  the  rear  end  thereof,  with   the
 5        propellant  contained in such tube between the projectile
 6        and the cap; or
 7             (12)  (Blank).
 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)  commits  a  Class  A  misdemeanor. A
11    person convicted of a violation of subsection  24-1(a)(8)  or
12    24-1(a)(9)  commits a Class 4 felony; a person convicted of a
13    violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
14    commits a Class 3 felony.  A person convicted of a  violation
15    of  subsection 24-1(a)(7)(i) commits a Class 2 felony, unless
16    the weapon is possessed in the  passenger  compartment  of  a
17    motor  vehicle  as  defined  in Section 1-146 of the Illinois
18    Vehicle Code, or on the person, while the weapon  is  loaded,
19    in  which  case  it  shall  be  a  Class X felony.   A person
20    convicted of a second or subsequent violation  of  subsection
21    24-1(a)(4),  24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
22    Class 3 felony.
23        (c)  Violations in specific places.
24             (1)  A person who violates subsection 24-1(a)(6)  or
25        24-1(a)(7)  in  any school, regardless of the time of day
26        or the time  of  year,  in  residential  property  owned,
27        operated  or managed by a public housing agency or leased
28        by a public housing agency as part of a scattered site or
29        mixed-income  development,  in  a  public  park,   in   a
30        courthouse,  on  the real property comprising any school,
31        regardless of the time of day or the  time  of  year,  on
32        residential   property  owned,  operated  or managed by a
33        public housing agency  or  leased  by  a  public  housing
34        agency  as  part  of  a  scattered  site  or mixed-income
 
                            -6-               LRB9201548ARsbA
 1        development, on the real property comprising  any  public
 2        park,  on the real property comprising any courthouse, in
 3        any conveyance owned, leased or contracted by a school to
 4        transport students to or from school or a school  related
 5        activity,  or  on any public way within 1,000 feet of the
 6        real  property  comprising  any  school,   public   park,
 7        courthouse,  or  residential property owned, operated, or
 8        managed by a public housing agency or leased by a  public
 9        housing   agency   as   part   of  a  scattered  site  or
10        mixed-income development commits a Class 2 felony.
11             (1.5)  A person who violates subsection  24-1(a)(4),
12        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
13        the time of day or  the  time  of  year,  in  residential
14        property owned, operated, or  managed by a public housing
15        agency  or leased by a public housing agency as part of a
16        scattered site or mixed-income development, in  a  public
17        park,  in  a  courthouse, on the real property comprising
18        any school, regardless of the time of day or the time  of
19        year, on residential property owned, operated, or managed
20        by  a public housing agency or leased by a public housing
21        agency as  part  of  a  scattered  site  or  mixed-income
22        development,  on  the real property comprising any public
23        park, on the real property comprising any courthouse,  in
24        any  conveyance  owned, leased, or contracted by a school
25        to transport students to  or  from  school  or  a  school
26        related  activity, or on any public way within 1,000 feet
27        of the real property comprising any school, public  park,
28        courthouse,  or  residential property owned, operated, or
29        managed by a public housing agency or leased by a  public
30        housing   agency   as   part   of  a  scattered  site  or
31        mixed-income development commits a Class 3 felony.
32             (2)  A person who  violates  subsection  24-1(a)(1),
33        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
34        the time of day or  the  time  of  year,  in  residential
 
                            -7-               LRB9201548ARsbA
 1        property  owned,  operated or managed by a public housing
 2        agency or leased by a public housing agency as part of  a
 3        scattered  site  or mixed-income development, in a public
 4        park, in a courthouse, on the  real  property  comprising
 5        any  school, regardless of the time of day or the time of
 6        year, on residential property owned, operated or  managed
 7        by  a public housing agency or leased by a public housing
 8        agency as  part  of  a  scattered  site  or  mixed-income
 9        development,  on  the real property comprising any public
10        park, on the real property comprising any courthouse,  in
11        any conveyance owned, leased or contracted by a school to
12        transport  students to or from school or a school related
13        activity, or on any public way within 1,000 feet  of  the
14        real   property   comprising  any  school,  public  park,
15        courthouse, or residential property owned,  operated,  or
16        managed  by a public housing agency or leased by a public
17        housing  agency  as  part  of   a   scattered   site   or
18        mixed-income   development  commits  a  Class  4  felony.
19        "Courthouse" means any  building  that  is  used  by  the
20        Circuit,  Appellate,  or  Supreme Court of this State for
21        the conduct of official business.
22             (3)  Paragraphs  (1),  (1.5),  and   (2)   of   this
23        subsection   (c)  shall  not  apply  to  law  enforcement
24        officers or security officers of such school, college, or
25        university or to students carrying or possessing firearms
26        for use in training  courses,  parades,  hunting,  target
27        shooting  on school ranges, or otherwise with the consent
28        of school authorities and which firearms are  transported
29        unloaded   enclosed   in   a   suitable   case,  box,  or
30        transportation package.
31             (4)  For  the  purposes  of  this  subsection   (c),
32        "school"  means  any  public  or  private  elementary  or
33        secondary   school,   community   college,   college,  or
34        university.
 
                            -8-               LRB9201548ARsbA
 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
 8    upon the person of one of the occupants therein; or  (ii)  if
 9    such   weapon,   instrument  or  substance  is  found  in  an
10    automobile operated for hire by a duly licensed driver in the
11    due, lawful and  proper  pursuit  of  his  trade,  then  such
12    presumption shall 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.  90-686,  eff.  1-1-99;  91-673, eff. 12-22-99;
18    91-690, eff. 4-13-00.)

19        (720 ILCS 5/24-1.6)
20        Sec. 24-1.6.  Aggravated unlawful use of a weapon.
21        (a)  A person commits the offense of aggravated  unlawful
22    use of a weapon when he or she knowingly:
23             (1)  Carries on or about his or her person or in any
24        vehicle or concealed on or about his or her person except
25        when  on  his or her land or in his or her abode or fixed
26        place of business any pistol, revolver, stun gun or taser
27        or other firearm; or
28             (2)  Carries or possesses on or  about  his  or  her
29        person,  upon  any  public street, alley, or other public
30        lands within the corporate limits of a city,  village  or
31        incorporated  town,  except  when  an  invitee thereon or
32        therein, for the purpose of the display of such weapon or
33        the lawful commerce in weapons, or except when on his  or
 
                            -9-               LRB9201548ARsbA
 1        her own land or in his or her own abode or fixed place of
 2        business,  any  pistol,  revolver,  stun  gun or taser or
 3        other firearm; and
 4             (3)  One of the following factors is present:
 5                  (A)  the firearm possessed was uncased,  loaded
 6             and  immediately  accessible  at  the  time  of  the
 7             offense; or
 8                  (B)  the   firearm   possessed   was   uncased,
 9             unloaded  and  the  ammunition  for  the  weapon was
10             immediately accessible at the time of  the  offense;
11             or
12                  (C)  the  person possessing the firearm has not
13             been  issued  a  currently  valid  Firearm   Owner's
14             Identification Card; or
15                  (D)  the   person  possessing  the  weapon  was
16             previously adjudicated a delinquent minor under  the
17             Juvenile  Court  Act  of  1987  for  an  act that if
18             committed by an adult would be a felony; or
19                  (E)  the  person  possessing  the  weapon   was
20             engaged  in  a misdemeanor violation of the Cannabis
21             Control Act or in a  misdemeanor  violation  of  the
22             Illinois Controlled Substances Act; or
23                  (F)  the  person  possessing  the  weapon  is a
24             member of a street gang or is engaged in street gang
25             related activity, as defined in Section  10  of  the
26             Illinois  Streetgang  Terrorism  Omnibus  Prevention
27             Act; or
28                  (G)  the  person  possessing  the  weapon had a
29             order of protection issued against him or her within
30             the previous 2 years; or
31                  (H)  the  person  possessing  the  weapon   was
32             engaged in the commission or attempted commission of
33             a  misdemeanor  involving  the  use   or  threat  of
34             violence  against the person or property of another;
 
                            -10-              LRB9201548ARsbA
 1             or
 2                  (I)  the person possessing the weapon was under
 3             21 years of age and in possession of  a  handgun  as
 4             defined  in Section 24-3, unless the person under 21
 5             is engaged in lawful activities under  the  Wildlife
 6             Code  or described in subsection 24-2(b)(1), (b)(3),
 7             or 24-2(f).
 8        (b)  "Stun gun or taser" as used in this Section has  the
 9    same definition given to it in Section 24-1 of this Code.
10        (c)  This  Section  does  not  apply  to  or  affect  the
11    transportation or possession of a weapon if weapons that:
12                  (i)  the   weapon  is  are  broken  down  in  a
13             non-functioning state; or
14                  (ii)  the  weapon  is   are   not   immediately
15             accessible; or
16                  (iii)  the  weapon is are unloaded and enclosed
17             in a case, firearm carrying box,  shipping  box,  or
18             other  container  by  a person who has been issued a
19             currently valid Firearm Owner's Identification Card,
20             and the weapon is not in a case or  other  container
21             that  is  worn  on or around or hung from a person's
22             waist or mid-section.
23        (d)  Sentence. Aggravated unlawful use of a weapon  is  a
24    Class  4  felony; a second or subsequent offense is a Class 2
25    felony.  Aggravated unlawful use of a weapon by a person  who
26    has  been  previously  convicted of a felony in this State or
27    another jurisdiction is a Class 2 felony.
28    (Source: P.A. 91-690, eff. 4-13-00.)

29        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
30        Sec. 24-2.  Exemptions.
31        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
32    and  Section  24-1.6  do  not  apply  to or affect any of the
33    following:
 
                            -11-              LRB9201548ARsbA
 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
 
                            -12-              LRB9201548ARsbA
 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
 
                            -13-              LRB9201548ARsbA
 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
 
                            -14-              LRB9201548ARsbA
 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)  Court   Security   Officers   while   in   the
16        performance of their official duties, or while  commuting
17        between  their  homes  and places of employment, with the
18        consent of the Sheriff.
19             (13.5)  A person employed as an armed security guard
20        at a nuclear energy, storage, weapons or development site
21        or  facility  regulated   by   the   Nuclear   Regulatory
22        Commission who has completed the background screening and
23        training  mandated  by  the  rules and regulations of the
24        Nuclear Regulatory Commission.
25             (14)  Manufacture,  transportation,   or   sale   of
26        weapons  to  persons  authorized  under  subdivisions (1)
27        through  (13.5)  of  this  subsection  to  possess  those
28        weapons.
29        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
30    24-1.6 do not apply to or affect any of the following:
31             (1)  Members  of  any club or organization organized
32        for the purpose of practicing shooting  at  targets  upon
33        established target ranges, whether public or private, and
34        patrons of such ranges, while such members or patrons are
 
                            -15-              LRB9201548ARsbA
 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)  Licensed  hunters,  trappers or fishermen while
 6        engaged in hunting, trapping or fishing.
 7             (4)  Transportation of weapons that are broken  down
 8        in   a  non-functioning  state  or  are  not  immediately
 9        accessible.
10        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
11    any of the following:
12             (1)  Peace  officers  while  in performance of their
13        official duties.
14             (2)  Wardens,   superintendents   and   keepers   of
15        prisons, penitentiaries, jails and other institutions for
16        the detention of  persons  accused  or  convicted  of  an
17        offense.
18             (3)  Members of the Armed Services or Reserve Forces
19        of  the  United  States  or  the Illinois National Guard,
20        while in the performance of their official duty.
21             (4)  Manufacture, transportation, or sale of machine
22        guns to persons authorized under subdivisions (1) through
23        (3) of this subsection to possess machine  guns,  if  the
24        machine  guns  are broken down in a non-functioning state
25        or are not immediately accessible.
26             (5)  Persons   licensed   under   federal   law   to
27        manufacture any weapon from which  8  or  more  shots  or
28        bullets  can  be  discharged  by a single function of the
29        firing  device,  or  ammunition  for  such  weapons,  and
30        actually engaged in the business  of  manufacturing  such
31        weapons   or   ammunition,   but  only  with  respect  to
32        activities which are within  the  lawful  scope  of  such
33        business,  such  as  the  manufacture, transportation, or
34        testing of such weapons or  ammunition.   This  exemption
 
                            -16-              LRB9201548ARsbA
 1        does  not authorize the general private possession of any
 2        weapon from which 8 or  more  shots  or  bullets  can  be
 3        discharged by a single function of the firing device, but
 4        only  such  possession  and  activities as are within the
 5        lawful  scope  of  a  licensed   manufacturing   business
 6        described in this paragraph.
 7             During  transportation, such weapons shall be broken
 8        down  in  a  non-functioning  state  or  not  immediately
 9        accessible.
10             (6)  The manufacture, transport, testing,  delivery,
11        transfer   or   sale,   and   all  lawful  commercial  or
12        experimental activities  necessary  thereto,  of  rifles,
13        shotguns,  and  weapons  made from rifles or shotguns, or
14        ammunition for such rifles, shotguns  or  weapons,  where
15        engaged  in  by  a  person  operating  as a contractor or
16        subcontractor pursuant to a contract or  subcontract  for
17        the  development  and  supply  of  such rifles, shotguns,
18        weapons or ammunition to the United States government  or
19        any branch of the Armed Forces of the United States, when
20        such  activities are necessary and incident to fulfilling
21        the terms of such contract.
22             The exemption granted under this subdivision  (c)(6)
23        shall  also  apply  to  any  authorized agent of any such
24        contractor or subcontractor who is operating  within  the
25        scope  of his employment, where such activities involving
26        such weapon, weapons  or  ammunition  are  necessary  and
27        incident to fulfilling the terms of such contract.
28             During  transportation,  any  such  weapon  shall be
29        broken  down  in  a   non-functioning   state,   or   not
30        immediately accessible.
31        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
32    purchase,  possession  or  carrying  of   a   black-jack   or
33    slung-shot by a peace officer.
34        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
 
                            -17-              LRB9201548ARsbA
 1    manager or authorized employee of any place specified in that
 2    subsection nor to any law enforcement officer.
 3        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
 4    Section 24-1.6 do  not  apply  to  members  of  any  club  or
 5    organization organized for the purpose of practicing shooting
 6    at  targets upon established target ranges, whether public or
 7    private, while using their firearms on those target ranges.
 8        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
 9    apply to:
10             (1)  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             (2)  Bonafide   collectors  of  antique  or  surplus
14        military ordinance.
15             (3)  Laboratories having a  department  of  forensic
16        ballistics,   or   specializing  in  the  development  of
17        ammunition or explosive ordinance.
18             (4)  Commerce, preparation, assembly  or  possession
19        of  explosive  bullets  by  manufacturers  of  ammunition
20        licensed  by  the  federal government, in connection with
21        the supply of those organizations and persons exempted by
22        subdivision (g)(1) of this Section, or like organizations
23        and persons outside this State, or the transportation  of
24        explosive  bullets to any organization or person exempted
25        in this Section by a common carrier or by a vehicle owned
26        or leased by an exempted manufacturer.
27        (h)  An information or indictment based upon a  violation
28    of  any  subsection  of  this  Article  need not negative any
29    exemptions contained in this Article.   The  defendant  shall
30    have the burden of proving such an exemption.
31        (i)  Nothing in this Article shall prohibit, apply to, or
32    affect  the  transportation,  carrying, or possession, of any
33    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
34    consigned to a common carrier operating under license of  the
 
                            -18-              LRB9201548ARsbA
 1    State  of  Illinois  or  the  federal  government, where such
 2    transportation, carrying, or possession is  incident  to  the
 3    lawful   transportation  in  which  such  common  carrier  is
 4    engaged; and nothing in this Article  shall  prohibit,  apply
 5    to,  or affect the transportation, carrying, or possession of
 6    any pistol, revolver, stun gun, taser, or other firearm,  not
 7    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
 8    subsection 24-2(c) of this Article,  which  is  unloaded  and
 9    enclosed  in  a  case, firearm carrying box, shipping box, or
10    other container, by the possessor of a valid  Firearm  Owners
11    Identification Card.
12        (j)  This  Article does not prohibit, apply to, or affect
13    the transportation, carrying, or possession  of  any  pistol,
14    revolver,  stun gun, taser, or other firearm, not the subject
15    of and  regulated  by  subsection  24-1(a)(7)  or  subsection
16    24-2(c) of this Article if:
17             (1)  the pistol, revolver, stun gun, taser, or other
18        firearm  is  unloaded  and  enclosed  in  a case, firearm
19        carrying box, shipping box, or  other  container  by  the
20        possessor of a valid Firearm Owner's Identification Card;
21        and
22             (2)  the pistol, revolver, stun gun, taser, or other
23        firearm  is not in a case or other container that is worn
24        on  or  around  or  hung  from  a   person's   waist   or
25        mid-section.
26    (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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