State of Illinois
92nd General Assembly
Legislation

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92_SB2083

 
                                               LRB9215709RCcd

 1        AN ACT in relation to 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 Section 24-2 and adding Section 24-3.7 as follows:

 6        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
 7        Sec. 24-2.  Exemptions.
 8        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
 9    and  Section  24-1.6  do  not  apply  to or affect any of the
10    following:
11             (1)  Peace officers, and any person  summoned  by  a
12        peace  officer  to assist in making arrests or preserving
13        the peace,  while  actually  engaged  in  assisting  such
14        officer.
15             (2)  Wardens,   superintendents   and   keepers   of
16        prisons, penitentiaries, jails and other institutions for
17        the  detention  of  persons  accused  or  convicted of an
18        offense, while in the performance of their official duty,
19        or while commuting between  their  homes  and  places  of
20        employment.
21             (3)  Members of the Armed Services or Reserve Forces
22        of  the  United  States or the Illinois National Guard or
23        the  Reserve  Officers  Training  Corps,  while  in   the
24        performance of their official duty.
25             (4)  Special  agents  employed  by  a  railroad or a
26        public utility to perform police functions, and guards of
27        armored car companies,  while  actually  engaged  in  the
28        performance   of   the  duties  of  their  employment  or
29        commuting between their homes and places  of  employment;
30        and watchmen while actually engaged in the performance of
31        the duties of their employment.
 
                            -2-                LRB9215709RCcd
 1             (5)  Persons    licensed    as    private   security
 2        contractors,  private  detectives,   or   private   alarm
 3        contractors,  or  employed  by an agency certified by the
 4        Department of Professional Regulation,  if  their  duties
 5        include  the carrying of a weapon under the provisions of
 6        the  Private  Detective,  Private  Alarm,   and   Private
 7        Security  Act  of  1983,  while  actually  engaged in the
 8        performance  of  the  duties  of  their   employment   or
 9        commuting  between  their homes and places of employment,
10        provided that such commuting is accomplished  within  one
11        hour  from departure from home or place of employment, as
12        the case may be.  Persons exempted under this subdivision
13        (a)(5) shall be required to have completed  a  course  of
14        study  in  firearms  handling  and  training approved and
15        supervised by the Department of  Professional  Regulation
16        as  prescribed  by  Section  28 of the Private Detective,
17        Private Alarm, and Private Security Act of 1983, prior to
18        becoming eligible for this exemption.  The Department  of
19        Professional    Regulation    shall    provide   suitable
20        documentation demonstrating the successful completion  of
21        the  prescribed  firearms  training.   Such documentation
22        shall be carried at all times when such  persons  are  in
23        possession of a concealable weapon.
24             (6)  Any  person  regularly employed in a commercial
25        or industrial operation  as  a  security  guard  for  the
26        protection  of  persons  employed  and  private  property
27        related to such commercial or industrial operation, while
28        actually engaged in the performance of his or her duty or
29        traveling  between  sites  or properties belonging to the
30        employer, and who, as a security guard, is a member of  a
31        security  force of at least 5 persons registered with the
32        Department of Professional Regulation; provided that such
33        security guard has successfully  completed  a  course  of
34        study,  approved  by  and supervised by the Department of
 
                            -3-                LRB9215709RCcd
 1        Professional Regulation, consisting of not less  than  40
 2        hours  of  training  that  includes  the  theory  of  law
 3        enforcement,  liability  for  acts,  and  the handling of
 4        weapons.  A person shall be considered eligible for  this
 5        exemption  if  he  or  she  has completed the required 20
 6        hours of training for a security officer and 20 hours  of
 7        required  firearm training, and has been issued a firearm
 8        authorization card  by  the  Department  of  Professional
 9        Regulation.    Conditions  for  the  renewal  of  firearm
10        authorization cards issued under the provisions  of  this
11        Section shall be the same as for those cards issued under
12        the  provisions  of  the Private Detective, Private Alarm
13        and  Private  Security  Act  of   1983.    Such   firearm
14        authorization card shall be carried by the security guard
15        at  all  times  when  he  or  she  is  in possession of a
16        concealable weapon.
17             (7)  Agents  and  investigators  of   the   Illinois
18        Legislative  Investigating  Commission  authorized by the
19        Commission to carry the weapons specified in  subsections
20        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21        any investigation for the Commission.
22             (8)  Persons employed by a financial institution for
23        the protection of other employees and property related to
24        such financial institution, while actually engaged in the
25        performance  of  their  duties,  commuting  between their
26        homes and places  of  employment,  or  traveling  between
27        sites  or  properties owned or operated by such financial
28        institution, provided that any  person  so  employed  has
29        successfully completed a course of study, approved by and
30        supervised  by the Department of Professional Regulation,
31        consisting of not less than 40 hours  of  training  which
32        includes  theory  of law enforcement, liability for acts,
33        and the handling of weapons. A person shall be considered
34        to be eligible for  this  exemption  if  he  or  she  has
 
                            -4-                LRB9215709RCcd
 1        completed  the  required  20  hours  of  training  for  a
 2        security   officer  and  20  hours  of  required  firearm
 3        training, and has been  issued  a  firearm  authorization
 4        card   by  the  Department  of  Professional  Regulation.
 5        Conditions for renewal  of  firearm  authorization  cards
 6        issued  under the provisions of this Section shall be the
 7        same as for those issued  under  the  provisions  of  the
 8        Private Detective, Private Alarm and Private Security Act
 9        of  1983.   Such  firearm  authorization  card  shall  be
10        carried  by  the person so trained at all times when such
11        person is in possession of  a  concealable  weapon.   For
12        purposes  of  this  subsection,  "financial  institution"
13        means  a bank, savings and loan association, credit union
14        or company providing armored car services.
15             (9)  Any person employed by an armored  car  company
16        to  drive  an  armored car, while actually engaged in the
17        performance of his duties.
18             (10)  Persons who  have  been  classified  as  peace
19        officers pursuant to the Peace Officer Fire Investigation
20        Act.
21             (11)  Investigators  of  the  Office  of the State's
22        Attorneys Appellate Prosecutor authorized by the board of
23        governors  of  the  Office  of  the   State's   Attorneys
24        Appellate Prosecutor to carry weapons pursuant to Section
25        7.06 of the State's Attorneys Appellate Prosecutor's Act.
26             (12)  Special  investigators  appointed by a State's
27        Attorney under Section 3-9005 of the Counties Code.
28             (13)  Court   Security   Officers   while   in   the
29        performance of their official duties, or while  commuting
30        between  their  homes  and places of employment, with the
31        consent of the Sheriff.
32             (13.5)  A person employed as an armed security guard
33        at a nuclear energy, storage, weapons or development site
34        or  facility  regulated   by   the   Nuclear   Regulatory
 
                            -5-                LRB9215709RCcd
 1        Commission who has completed the background screening and
 2        training  mandated  by  the  rules and regulations of the
 3        Nuclear Regulatory Commission.
 4             (14)  Manufacture,  transportation,   or   sale   of
 5        weapons  to  persons  authorized  under  subdivisions (1)
 6        through  (13.5)  of  this  subsection  to  possess  those
 7        weapons.
 8        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
 9    24-1.6 do not apply to or affect any of the following:
10             (1)  Members  of  any club or organization organized
11        for the purpose of practicing shooting  at  targets  upon
12        established target ranges, whether public or private, and
13        patrons of such ranges, while such members or patrons are
14        using their firearms on those target ranges.
15             (2)  Duly authorized military or civil organizations
16        while  parading,  with  the  special  permission  of  the
17        Governor.
18             (3)  Hunters,  trappers  or fishermen with a license
19        or permit while engaged in hunting, trapping or fishing.
20             (4)  Transportation of weapons that are broken  down
21        in   a  non-functioning  state  or  are  not  immediately
22        accessible.
23        (c)  Subsection 24-1(a)(7) and Section 24-3.7 do does not
24    apply to or affect any of the following:
25             (1)  Peace officers while in  performance  of  their
26        official duties.
27             (2)  Wardens,   superintendents   and   keepers   of
28        prisons, penitentiaries, jails and other institutions for
29        the  detention  of  persons  accused  or  convicted of an
30        offense.
31             (3)  Members of the Armed Services or Reserve Forces
32        of the United States  or  the  Illinois  National  Guard,
33        while in the performance of their official duty.
34             (4)  Manufacture, transportation, or sale of machine
 
                            -6-                LRB9215709RCcd
 1        guns to persons authorized under subdivisions (1) through
 2        (3)  of  this  subsection  to  possess  machine  guns  or
 3        semiautomatic  assault  weapons,  if  the machine guns or
 4        semiautomatic  assault  weapons  are  broken  down  in  a
 5        non-functioning state or are not immediately accessible.
 6             (5)  Persons   licensed   under   federal   law   to
 7        manufacture any weapon from which  8  or  more  shots  or
 8        bullets  can  be  discharged  by a single function of the
 9        firing  device,  or  ammunition  for  such  weapons,  and
10        actually engaged in the business  of  manufacturing  such
11        weapons   or   ammunition,   but  only  with  respect  to
12        activities which are within  the  lawful  scope  of  such
13        business,  such  as  the  manufacture, transportation, or
14        testing of such weapons or  ammunition.   This  exemption
15        does  not authorize the general private possession of any
16        weapon from which 8 or  more  shots  or  bullets  can  be
17        discharged by a single function of the firing device, but
18        only  such  possession  and  activities as are within the
19        lawful  scope  of  a  licensed   manufacturing   business
20        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,
27        shotguns,  and  weapons  made from rifles or shotguns, or
28        ammunition for such rifles, shotguns  or  weapons,  where
29        engaged  in  by  a  person  operating  as a contractor or
30        subcontractor pursuant to a contract or  subcontract  for
31        the  development  and  supply  of  such rifles, shotguns,
32        weapons or ammunition to the United States government  or
33        any branch of the Armed Forces of the United States, when
34        such  activities are necessary and incident to fulfilling
 
                            -7-                LRB9215709RCcd
 1        the terms of such contract.
 2             The exemption granted under this subdivision  (c)(6)
 3        shall  also  apply  to  any  authorized agent of any such
 4        contractor or subcontractor who is operating  within  the
 5        scope  of his employment, where such activities involving
 6        such weapon, weapons  or  ammunition  are  necessary  and
 7        incident to fulfilling the terms of such contract.
 8             During  transportation,  any  such  weapon  shall be
 9        broken  down  in  a   non-functioning   state,   or   not
10        immediately accessible.
11        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
12    purchase,  possession  or  carrying  of   a   black-jack   or
13    slung-shot by a peace officer.
14        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
15    manager or authorized employee of any place specified in that
16    subsection nor to any law enforcement officer.
17        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
18    Section 24-1.6 do  not  apply  to  members  of  any  club  or
19    organization organized for the purpose of practicing shooting
20    at  targets upon established target ranges, whether public or
21    private, while using their firearms on those target ranges.
22        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
23    apply to:
24             (1)  Members of the Armed Services or Reserve Forces
25        of the United States  or  the  Illinois  National  Guard,
26        while in the performance of their official duty.
27             (2)  Bonafide   collectors  of  antique  or  surplus
28        military ordinance.
29             (3)  Laboratories having a  department  of  forensic
30        ballistics,   or   specializing  in  the  development  of
31        ammunition or explosive ordinance.
32             (4)  Commerce, preparation, assembly  or  possession
33        of  explosive  bullets  by  manufacturers  of  ammunition
34        licensed  by  the  federal government, in connection with
 
                            -8-                LRB9215709RCcd
 1        the supply of those organizations and persons exempted by
 2        subdivision (g)(1) of this Section, or like organizations
 3        and persons outside this State, or the transportation  of
 4        explosive  bullets to any organization or person exempted
 5        in this Section by a common carrier or by a vehicle owned
 6        or leased by an exempted manufacturer.
 7        (h)  An information or indictment based upon a  violation
 8    of  any  subsection  of  this  Article  need not negative any
 9    exemptions contained in this Article.   The  defendant  shall
10    have the burden of proving such an exemption.
11        (i)  Nothing in this Article shall prohibit, apply to, or
12    affect  the  transportation,  carrying, or possession, of any
13    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
14    consigned to a common carrier operating under license of  the
15    State  of  Illinois  or  the  federal  government, where such
16    transportation, carrying, or possession is  incident  to  the
17    lawful   transportation  in  which  such  common  carrier  is
18    engaged; and nothing in this Article  shall  prohibit,  apply
19    to,  or affect the transportation, carrying, or possession of
20    any pistol, revolver, stun gun, taser, or other firearm,  not
21    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
22    subsection 24-2(c) of this Article,  which  is  unloaded  and
23    enclosed  in  a  case, firearm carrying box, shipping box, or
24    other container, by the possessor of a valid  Firearm  Owners
25    Identification Card.
26    (Source:  P.A.  91-287,  eff.  1-1-00;  91-690, eff. 4-13-00;
27    92-325, eff. 8-9-01.)

28        (720 ILCS 5/24-3.7 new)
29        Sec. 24-3.7.  Unlawful use of a semiautomatic  weapon  or
30    large capacity feeding device.
31        (a)  In this Section:
32        "Semiautomatic"  means  any  repeating rifle, shotgun, or
33    pistol, regardless of barrel or overall length, that utilizes
 
                            -9-                LRB9215709RCcd
 1    a portion of the energy of a firing  cartridge  or  shell  to
 2    extract  the  fired cartridge case or spent shell and chamber
 3    the next round, and which requires a  separate  pull  of  the
 4    trigger to fire each cartridge or shell.
 5        "Assault weapon" means:
 6        (1)  a  semiautomatic rifle that has an ability to accept
 7    a detachable magazine and has at least  2  of  the  following
 8    characteristics:
 9             (i)  a folding or telescoping stock;
10             (ii)  a  pistol  grip  that  protrudes conspicuously
11        beneath the action of the weapon;
12             (iii)  a bayonet mount;
13             (iv)  a flash suppressor or threaded barrel designed
14        to accommodate a flash suppressor;
15             (v)  a grenade launcher; or
16        (2)  a semiautomatic shotgun that has at least 2  of  the
17    following characteristics:
18             (i)  a folding or telescoping stock;
19             (ii)  a  pistol  grip  that  protrudes conspicuously
20        beneath the action of the weapon;
21             (iii) a fixed  magazine  capacity  in  excess  of  5
22        rounds;
23             (iv)  an ability to accept a detachable magazine; or
24        (3)  a semiautomatic pistol that has an ability to accept
25    a  detachable  magazine  and  has at least 2 of the following
26    characteristics:
27             (i)  an ammunition magazine  that  attaches  to  the
28        pistol outside of the pistol grip;
29             (ii)  a  threaded  barrel  capable  of  accepting  a
30        barrel  extender,  flash suppressor, forward handgrip, or
31        silencer;
32             (iii)  a shroud that is attached to, or partially or
33        completely encircles, the barrel  and  that  permits  the
34        shooter  to  hold  the  firearm  with the nontrigger hand
 
                            -10-               LRB9215709RCcd
 1        without being burned;
 2             (iv)  a manufactured weight of  50  ounces  or  more
 3        when the pistol is unloaded;
 4             (v)  a  semiautomatic version of an automatic rifle,
 5        shotgun, or firearm; or
 6        (4)  any  of  the  weapons,  or  functioning  frames   or
 7    receivers  of  such  weapons, or copies or duplicates of such
 8    weapons, in any caliber, known as:
 9             (i)  Norinco,  Mitchell,   and   Poly   Technologies
10        Avtomat Kalashnikovs (all models);
11             (ii)  Action  Arms  Israeli  Military Industries Uzi
12        and Galil;
13             (iii)  Beretta AR70 (sc-70);
14             (iv)  Colt AR-15;
15             (v)  Fabrique National FN/FAL, FN/LAR, and FNC;
16             (vi)  SWD M-10, M-11, M-11/9, and M-12;
17             (vii)  Steyr AUG;
18             (viii)  INTRATEC TEC-9, TEC-DC9 and TEC-22; and
19             (ix)  revolving  cylinder  shotguns,  such  as   (or
20        similar to) the street sweeper and striker 12.
21        "Assault weapon" does not include:
22             (i)  any  rifle,  shotgun,  or  pistol  that  (A) is
23        manually operated by bolt, pump, lever, or slide  action;
24        (B)  has  been rendered permanently inoperable; or (C) is
25        an antique firearm as defined in 18 U.S.C. 921(a)(16);
26             (ii)  a semiautomatic rifle  that  cannot  accept  a
27        detachable  magazine  that  holds  more  than 5 rounds of
28        ammunition;
29             (iii)  a semiautomatic shotgun that cannot hold more
30        than 5 rounds of ammunition  in  a  fixed  or  detachable
31        magazine;
32             (iv)  a rifle, shotgun, or pistol, or a replica or a
33        duplicate  of  a  rifle,  shotgun, or pistol specified in
34        appendix A to Section 922 of 18 U.S.C. as such weapon was
 
                            -11-               LRB9215709RCcd
 1        manufactured on October 1, 1993. The fact that  a  weapon
 2        is not listed in appendix A must not be construed to mean
 3        that the weapon is an assault weapon; or
 4             (v)  a semiautomatic rifle, a semiautomatic shotgun,
 5        or  a  semiautomatic pistol or any of the weapons defined
 6        in paragraph (4) of this subdivision  lawfully  possessed
 7        before September 14, 1994.
 8        "Large   capacity  ammunition  feeding  device"  means  a
 9    magazine,  belt,  drum,  feed  strip,  or   similar   device,
10    manufactured  after  September  30, 1994, that has a capacity
11    of, or that can be readily restored or converted  to  accept,
12    more  than  10  rounds of ammunition; provided, however, that
13    the term does not include an attached tubular device designed
14    to accept, and capable of operating only  with,  .22  caliber
15    rimfire ammunition.
16        (b)  A  person  commits  the offense of unlawful use of a
17    semiautomatic  assault weapon or  large  capacity  ammunition
18    feeding  device when he or she knowingly sells, manufactures,
19    purchases, possesses,  or  carries  a  semiautomatic  assault
20    weapon or large capacity ammunition feeding device.
21        (c)  Sentence.   Unlawful  use of a semiautomatic assault
22    weapon or large capacity ammunition feeding device is a Class
23    2 felony.

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