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Public Act 097-0676 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 24-1.2-5 and 24-2 as follows: | ||||
(720 ILCS 5/24-1.2-5)
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Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | ||||
firearm equipped with a device designed or used for silencing
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the report of a firearm.
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(a) A person commits aggravated discharge of a
machine gun | ||||
or a firearm equipped with a device designed or used for | ||||
silencing
the report of a firearm
when he or she knowingly or
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intentionally:
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(1) Discharges a
machine gun or a firearm equipped with | ||||
a device designed or used for silencing
the report of a | ||||
firearm
at or into a building he or she knows to be
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occupied and the
machine gun or the firearm equipped with a | ||||
device designed or used for
silencing
the report of a | ||||
firearm
is discharged from a place or position outside
that | ||||
building;
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(2) Discharges a
machine gun or a firearm equipped with | ||||
a device designed or used for silencing
the report of a | ||||
firearm
in the direction of another person or in the
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direction of a vehicle he or she knows to be occupied;
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(3) Discharges a
machine gun or a firearm equipped with | ||
a device designed or used for silencing
the report of a | ||
firearm
in the direction of a person he or she knows to be
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a peace officer, a person summoned or directed by a peace | ||
officer, a
correctional institution employee, or a fireman | ||
while the officer,
employee or fireman is engaged in the | ||
execution of any of his or her official
duties, or to | ||
prevent the officer, employee or fireman from performing | ||
his
or her official duties, or in retaliation for the | ||
officer, employee or fireman
performing his or her official | ||
duties;
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(4) Discharges a
machine gun or a firearm equipped with | ||
a device designed or used for silencing
the report of a | ||
firearm
in the direction of a vehicle he or she knows to be
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occupied by a peace officer, a person summoned or directed | ||
by a peace
officer, a correctional institution employee or | ||
a fireman while the
officer, employee or fireman is engaged | ||
in the execution of any of his
or her official duties, or | ||
to prevent the officer, employee or fireman from
performing | ||
his or her official duties, or in retaliation for the | ||
officer,
employee or fireman performing his or her official | ||
duties;
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(5) Discharges a
machine gun or a firearm equipped with | ||
a device designed or used for silencing
the report of a | ||
firearm
in the direction of a person he or she knows to be
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an emergency medical technician - ambulance, emergency | ||
medical
technician - intermediate, emergency medical | ||
technician - paramedic, ambulance
driver, or other medical | ||
assistance or first aid
personnel, employed by a | ||
municipality or other governmental unit, while the
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emergency medical technician - ambulance, emergency | ||
medical
technician - intermediate, emergency medical | ||
technician - paramedic, ambulance
driver, or other medical | ||
assistance or first aid
personnel is engaged in the | ||
execution of any of his or her official duties, or
to
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prevent the
emergency medical technician - ambulance, | ||
emergency medical
technician - intermediate, emergency | ||
medical technician - paramedic, ambulance
driver, or other | ||
medical assistance or
first aid personnel from performing | ||
his or her official duties, or in
retaliation
for the
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emergency medical technician - ambulance, emergency | ||
medical
technician - intermediate, emergency medical | ||
technician - paramedic, ambulance
driver, or other medical | ||
assistance or first
aid personnel performing his or her | ||
official duties;
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(6) Discharges a
machine gun or a firearm equipped with | ||
a device designed or used for silencing
the report of a | ||
firearm
in the direction of a vehicle he or she knows to
be | ||
occupied by an emergency medical technician - ambulance, | ||
emergency medical
technician - intermediate, emergency | ||
medical technician - paramedic, ambulance
driver, or other |
medical assistance
or first aid personnel, employed by a | ||
municipality or other governmental
unit, while the
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emergency medical technician - ambulance, emergency | ||
medical
technician - intermediate, emergency medical | ||
technician - paramedic, ambulance
driver, or other medical | ||
assistance or
first aid personnel is engaged in the | ||
execution of any of his or her official
duties, or to | ||
prevent the
emergency medical technician - ambulance, | ||
emergency medical
technician - intermediate, emergency | ||
medical technician - paramedic, ambulance
driver, or other | ||
medical
assistance or first aid personnel from performing | ||
his or her official duties,
or
in retaliation for the
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emergency medical technician - ambulance, emergency | ||
medical
technician - intermediate, emergency medical | ||
technician - paramedic, ambulance
driver, or other medical
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assistance or first aid personnel performing his or her | ||
official
duties;
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(7) Discharges a machine gun or a firearm equipped with | ||
a device
designed or used for silencing the report of a | ||
firearm in the direction of a
person he or she knows to be | ||
an emergency management worker while the emergency
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management worker is engaged in the execution of any of his | ||
or her official
duties, or to prevent the emergency | ||
management worker from performing his or
her official | ||
duties, or in retaliation for the emergency management | ||
worker
performing his or her official duties; or
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(8) Discharges a machine gun or a firearm equipped with | ||
a device designed
or used for silencing the report of a | ||
firearm in the direction of a vehicle he
or she knows to be | ||
occupied by an emergency management worker while the
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emergency management worker is engaged in the execution of | ||
any of his or her
official duties, or to prevent the | ||
emergency management worker from performing
his or her | ||
official duties, or in retaliation for the emergency | ||
management
worker performing his or her official duties.
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(b) A violation of subsection (a) (1) or subsection (a) (2) | ||
of this
Section is a Class X felony. A violation of subsection | ||
(a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this | ||
Section is a Class X
felony for which the
sentence shall be a | ||
term of imprisonment of no less than 12 years and no more
than | ||
50 years.
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(c) For the purpose of this Section, "machine gun" has the | ||
meaning ascribed
to it in clause (i) of paragraph (7) of | ||
subsection (a) of Section 24-1 of this
Code.
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(d) This Section does not apply to a peace officer while | ||
serving as a member of a tactical response team or special | ||
operations team. A peace officer may not personally own or | ||
apply for ownership of a device or attachment of any kind | ||
designed, used, or intended for use in silencing the report of | ||
any firearm. These devices shall be owned and maintained by | ||
lawfully recognized units of government whose duties include | ||
the investigation of criminal acts.
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(Source: P.A. 94-243, eff. 1-1-06.)
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(720 ILCS 5/24-2)
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Sec. 24-2. Exemptions.
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(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||
24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||
the following:
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(1) Peace officers, and any person summoned by a peace | ||
officer to
assist in making arrests or preserving the | ||
peace, while actually engaged in
assisting such officer.
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(2) Wardens, superintendents and keepers of prisons,
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penitentiaries, jails and other institutions for the | ||
detention of persons
accused or convicted of an offense, | ||
while in the performance of their
official duty, or while | ||
commuting between their homes and places of employment.
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(3) Members of the Armed Services or Reserve Forces of | ||
the United States
or the Illinois National Guard or the | ||
Reserve Officers Training Corps,
while in the performance | ||
of their official duty.
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(4) Special agents employed by a railroad or a public | ||
utility to
perform police functions, and guards of armored | ||
car companies, while
actually engaged in the performance of | ||
the duties of their employment or
commuting between their | ||
homes and places of employment; and watchmen
while actually | ||
engaged in the performance of the duties of their | ||
employment.
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(5) Persons licensed as private security contractors, | ||
private
detectives, or private alarm contractors, or | ||
employed by an agency
certified by the Department of | ||
Professional Regulation, if their duties
include the | ||
carrying of a weapon under the provisions of the Private
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Detective, Private Alarm,
Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004,
while actually
engaged | ||
in the performance of the duties of their employment or | ||
commuting
between their homes and places of employment, | ||
provided that such commuting
is accomplished within one | ||
hour from departure from home or place of
employment, as | ||
the case may be. Persons exempted under this subdivision
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(a)(5) shall be required to have completed a course of
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study in firearms handling and training approved and | ||
supervised by the
Department of Professional Regulation as | ||
prescribed by Section 28 of the
Private Detective, Private | ||
Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||
Act of 2004, prior
to becoming eligible for this exemption. | ||
The Department of Professional
Regulation shall provide | ||
suitable documentation demonstrating the
successful | ||
completion of the prescribed firearms training. Such
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documentation shall be carried at all times when such | ||
persons are in
possession of a concealable weapon.
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(6) Any person regularly employed in a commercial or | ||
industrial
operation as a security guard for the protection | ||
of persons employed
and private property related to such |
commercial or industrial
operation, while actually engaged | ||
in the performance of his or her
duty or traveling between | ||
sites or properties belonging to the
employer, and who, as | ||
a security guard, is a member of a security force of
at | ||
least 5 persons registered with the Department of | ||
Professional
Regulation; provided that such security guard | ||
has successfully completed a
course of study, approved by | ||
and supervised by the Department of
Professional | ||
Regulation, consisting of not less than 40 hours of | ||
training
that includes the theory of law enforcement, | ||
liability for acts, and the
handling of weapons. A person | ||
shall be considered eligible for this
exemption if he or | ||
she has completed the required 20
hours of training for a | ||
security officer and 20 hours of required firearm
training, | ||
and has been issued a firearm control card by
the | ||
Department of Professional Regulation. Conditions for the | ||
renewal of
firearm control cards issued under the | ||
provisions of this Section
shall be the same as for those | ||
cards issued under the provisions of the
Private Detective, | ||
Private Alarm,
Private Security, Fingerprint Vendor, and | ||
Locksmith Act of 2004. Such
firearm control card shall be | ||
carried by the security guard at all
times when he or she | ||
is in possession of a concealable weapon.
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(7) Agents and investigators of the Illinois | ||
Legislative Investigating
Commission authorized by the | ||
Commission to carry the weapons specified in
subsections |
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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any investigation for the Commission.
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(8) Persons employed by a financial institution for the | ||
protection of
other employees and property related to such | ||
financial institution, while
actually engaged in the | ||
performance of their duties, commuting between
their homes | ||
and places of employment, or traveling between sites or
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properties owned or operated by such financial | ||
institution, provided that
any person so employed has | ||
successfully completed a course of study,
approved by and | ||
supervised by the Department of Professional Regulation,
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consisting of not less than 40 hours of training which | ||
includes theory of
law enforcement, liability for acts, and | ||
the handling of weapons.
A person shall be considered to be | ||
eligible for this exemption if he or
she has completed the | ||
required 20 hours of training for a security officer
and 20 | ||
hours of required firearm training, and has been issued a
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firearm control card by the Department of Professional | ||
Regulation.
Conditions for renewal of firearm control | ||
cards issued under the
provisions of this Section shall be | ||
the same as for those issued under the
provisions of the | ||
Private Detective, Private Alarm,
Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||
control card shall be carried by the person so
trained at | ||
all times when such person is in possession of a | ||
concealable
weapon. For purposes of this subsection, |
"financial institution" means a
bank, savings and loan | ||
association, credit union or company providing
armored car | ||
services.
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(9) Any person employed by an armored car company to | ||
drive an armored
car, while actually engaged in the | ||
performance of his duties.
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(10) Persons who have been classified as peace officers | ||
pursuant
to the Peace Officer Fire Investigation Act.
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(11) Investigators of the Office of the State's | ||
Attorneys Appellate
Prosecutor authorized by the board of | ||
governors of the Office of the
State's Attorneys Appellate | ||
Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||
State's Attorneys Appellate Prosecutor's Act.
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(12) Special investigators appointed by a State's | ||
Attorney under
Section 3-9005 of the Counties Code.
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(12.5) Probation officers while in the performance of | ||
their duties, or
while commuting between their homes, | ||
places of employment or specific locations
that are part of | ||
their assigned duties, with the consent of the chief judge | ||
of
the circuit for which they are employed.
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(13) Court Security Officers while in the performance | ||
of their official
duties, or while commuting between their | ||
homes and places of employment, with
the
consent of the | ||
Sheriff.
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(13.5) A person employed as an armed security guard at | ||
a nuclear energy,
storage, weapons or development site or |
facility regulated by the Nuclear
Regulatory Commission | ||
who has completed the background screening and training
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mandated by the rules and regulations of the Nuclear | ||
Regulatory Commission.
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(14) Manufacture, transportation, or sale of weapons | ||
to
persons
authorized under subdivisions (1) through | ||
(13.5) of this
subsection
to
possess those weapons.
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(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||
24-1.6 do not
apply to or affect
any of the following:
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(1) Members of any club or organization organized for | ||
the purpose of
practicing shooting at targets upon | ||
established target ranges, whether
public or private, and | ||
patrons of such ranges, while such members
or patrons are | ||
using their firearms on those target ranges.
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(2) Duly authorized military or civil organizations | ||
while parading,
with the special permission of the | ||
Governor.
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(3) Hunters, trappers or fishermen with a license or
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permit while engaged in hunting,
trapping or fishing.
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(4) Transportation of weapons that are broken down in a
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non-functioning state or are not immediately accessible.
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(5) Carrying or possessing any pistol, revolver, stun | ||
gun or taser or other firearm on the land or in the legal | ||
dwelling of another person as an invitee with that person's | ||
permission. | ||
(c) Subsection 24-1(a)(7) does not apply to or affect any |
of the
following:
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(1) Peace officers while in performance of their | ||
official duties.
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(2) Wardens, superintendents and keepers of prisons, | ||
penitentiaries,
jails and other institutions for the | ||
detention of persons accused or
convicted of an offense.
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(3) Members of the Armed Services or Reserve Forces of | ||
the United States
or the Illinois National Guard, while in | ||
the performance of their official
duty.
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(4) Manufacture, transportation, or sale of machine | ||
guns to persons
authorized under subdivisions (1) through | ||
(3) of this subsection to
possess machine guns, if the | ||
machine guns are broken down in a
non-functioning state or | ||
are not immediately accessible.
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(5) Persons licensed under federal law to manufacture | ||
any weapon from
which 8 or more shots or bullets can be | ||
discharged by a
single function of the firing device, or | ||
ammunition for such weapons, and
actually engaged in the | ||
business of manufacturing such weapons or
ammunition, but | ||
only with respect to activities which are within the lawful
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scope of such business, such as the manufacture, | ||
transportation, or testing
of such weapons or ammunition. | ||
This exemption does not authorize the
general private | ||
possession of any weapon from which 8 or more
shots or | ||
bullets can be discharged by a single function of the | ||
firing
device, but only such possession and activities as |
are within the lawful
scope of a licensed manufacturing | ||
business described in this paragraph.
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During transportation, such weapons shall be broken | ||
down in a
non-functioning state or not immediately | ||
accessible.
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(6) The manufacture, transport, testing, delivery, | ||
transfer or sale,
and all lawful commercial or experimental | ||
activities necessary thereto, of
rifles, shotguns, and | ||
weapons made from rifles or shotguns,
or ammunition for | ||
such rifles, shotguns or weapons, where engaged in
by a | ||
person operating as a contractor or subcontractor pursuant | ||
to a
contract or subcontract for the development and supply | ||
of such rifles,
shotguns, weapons or ammunition to the | ||
United States government or any
branch of the Armed Forces | ||
of the United States, when such activities are
necessary | ||
and incident to fulfilling the terms of such contract.
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The exemption granted under this subdivision (c)(6)
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shall also apply to any authorized agent of any such | ||
contractor or
subcontractor who is operating within the | ||
scope of his employment, where
such activities involving | ||
such weapon, weapons or ammunition are necessary
and | ||
incident to fulfilling the terms of such contract.
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During transportation, any such weapon shall be broken | ||
down in a
non-functioning state, or not immediately | ||
accessible.
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(d) Subsection 24-1(a)(1) does not apply to the purchase, |
possession
or carrying of a black-jack or slung-shot by a peace | ||
officer.
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(e) Subsection 24-1(a)(8) does not apply to any owner, | ||
manager or
authorized employee of any place specified in that | ||
subsection nor to any
law enforcement officer.
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(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||
Section 24-1.6
do not apply
to members of any club or | ||
organization organized for the purpose of practicing
shooting | ||
at targets upon established target ranges, whether public or | ||
private,
while using their firearms on those target ranges.
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(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||
to:
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(1) Members of the Armed Services or Reserve Forces of | ||
the United
States or the Illinois National Guard, while in | ||
the performance of their
official duty.
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(2) Bonafide collectors of antique or surplus military | ||
ordinance.
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(3) Laboratories having a department of forensic | ||
ballistics, or
specializing in the development of | ||
ammunition or explosive ordinance.
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(4) Commerce, preparation, assembly or possession of | ||
explosive
bullets by manufacturers of ammunition licensed | ||
by the federal government,
in connection with the supply of | ||
those organizations and persons exempted
by subdivision | ||
(g)(1) of this Section, or like organizations and persons
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outside this State, or the transportation of explosive |
bullets to any
organization or person exempted in this | ||
Section by a common carrier or by a
vehicle owned or leased | ||
by an exempted manufacturer.
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(g-5) Subsection 24-1(a)(6) does not apply to or affect | ||
persons licensed
under federal law to manufacture any device or | ||
attachment of any kind designed,
used, or intended for use in | ||
silencing the report of any firearm, firearms, or
ammunition
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for those firearms equipped with those devices, and actually | ||
engaged in the
business of manufacturing those devices, | ||
firearms, or ammunition, but only with
respect to
activities | ||
that are within the lawful scope of that business, such as the
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manufacture, transportation, or testing of those devices, | ||
firearms, or
ammunition. This
exemption does not authorize the | ||
general private possession of any device or
attachment of any | ||
kind designed, used, or intended for use in silencing the
| ||
report of any firearm, but only such possession and activities | ||
as are within
the
lawful scope of a licensed manufacturing | ||
business described in this subsection
(g-5). During | ||
transportation, these those devices shall be detached from any | ||
weapon
or
not immediately accessible.
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(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||
24-1.6 do not apply to
or affect any parole agent or parole | ||
supervisor who meets the qualifications and conditions | ||
prescribed in Section 3-14-1.5 of the Unified Code of | ||
Corrections. | ||
(g-7) Subsection 24-1(a)(6) does not apply to a peace |
officer while serving as a member of a tactical response team | ||
or special operations team. A peace officer may not personally | ||
own or apply for ownership of a device or attachment of any | ||
kind designed, used, or intended for use in silencing the | ||
report of any firearm. These devices shall be owned and | ||
maintained by lawfully recognized units of government whose | ||
duties include the investigation of criminal acts. | ||
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||
athlete's possession, transport on official Olympic and | ||
Paralympic transit systems established for athletes, or use of | ||
competition firearms sanctioned by the International Olympic | ||
Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation, or USA Shooting in | ||
connection with such athlete's training for and participation | ||
in shooting competitions at the 2016 Olympic and Paralympic | ||
Games and sanctioned test events leading up to the 2016 Olympic | ||
and Paralympic Games. | ||
(h) An information or indictment based upon a violation of | ||
any
subsection of this Article need not negative any exemptions | ||
contained in
this Article. The defendant shall have the burden | ||
of proving such an
exemption.
| ||
(i) Nothing in this Article shall prohibit, apply to, or | ||
affect
the transportation, carrying, or possession, of any | ||
pistol or revolver,
stun gun, taser, or other firearm consigned | ||
to a common carrier operating
under license of the State of |
Illinois or the federal government, where
such transportation, | ||
carrying, or possession is incident to the lawful
| ||
transportation in which such common carrier is engaged; and | ||
nothing in this
Article shall prohibit, apply to, or affect the | ||
transportation, carrying,
or possession of any pistol, | ||
revolver, stun gun, taser, or other firearm,
not the subject of | ||
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||
this Article, which is unloaded and enclosed in a case, firearm
| ||
carrying box, shipping box, or other container, by the | ||
possessor of a valid
Firearm Owners Identification Card.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||
95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | ||
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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