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Public Act 102-0779


 

Public Act 0779 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0779
 
HB4667 EnrolledLRB102 24195 AMQ 33423 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by
changing Section 24-2 as follows:
 
    (720 ILCS 5/24-2)
    Sec. 24-2. Exemptions.
    (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:
        (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.
        (2) Wardens, superintendents and keepers of prisons,
    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.
        (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.
        (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.
        (5) Persons licensed as private security contractors,
    private detectives, or private alarm contractors, or
    employed by a private security contractor, private
    detective, or private alarm contractor agency licensed by
    the Department of Financial and Professional Regulation,
    if their duties include the carrying of a weapon under the
    provisions of the Private 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. A person shall be
    considered eligible for this exemption if he or she has
    completed the required 20 hours of training for a private
    security contractor, private detective, or private alarm
    contractor, or employee of a licensed private security
    contractor, private detective, or private alarm contractor
    agency and 28 hours of required firearm training, and has
    been issued a firearm control card by the Department of
    Financial and 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. The firearm control
    card shall be carried by the private security contractor,
    private detective, or private alarm contractor, or
    employee of the licensed private security contractor,
    private detective, or private alarm contractor agency at
    all times when he or she is in possession of a concealable
    weapon permitted by his or her firearm control card.
        (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 registered with the Department of Financial
    and Professional Regulation; provided that such security
    guard has successfully completed a course of study,
    approved by and supervised by the Department of Financial
    and Professional Regulation, consisting of not less than
    48 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 28 hours of
    required firearm training, and has been issued a firearm
    control card by the Department of Financial and
    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. The firearm control card shall be carried by the
    security guard at all times when he or she is in possession
    of a concealable weapon permitted by his or her firearm
    control card.
        (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
    any investigation for the Commission.
        (8) Persons employed by a financial institution as a
    security guard 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 properties owned or operated by
    such financial institution, and who, as a security guard,
    is a member of a security force registered with the
    Department; provided that any person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Financial and Professional
    Regulation, consisting of not less than 48 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 28 hours of required firearm
    training, and has been issued a firearm control card by
    the Department of Financial and 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. The firearm control
    card shall be carried by the security guard at all times
    when he or she is in possession of a concealable weapon
    permitted by his or her firearm control card. For purposes
    of this subsection, "financial institution" means a bank,
    savings and loan association, credit union or company
    providing armored car services.
        (9) Any person employed by an armored car company to
    drive an armored car, while actually engaged in the
    performance of his duties.
        (10) Persons who have been classified as peace
    officers pursuant to the Peace Officer Fire Investigation
    Act.
        (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.
        (12) Special investigators appointed by a State's
    Attorney under Section 3-9005 of the Counties Code.
        (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, if they
    have received weapons training according to requirements
    of the Peace Officer and Probation Officer Firearm
    Training Act.
        (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.
        (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
    mandated by the rules and regulations of the Nuclear
    Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    to persons authorized under subdivisions (1) through
    (13.5) of this subsection to possess those weapons.
    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
    (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:
        (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.
        (2) Duly authorized military or civil organizations
    while parading, with the special permission of the
    Governor.
        (3) Hunters, trappers or fishermen with a license or
    permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down in
    a non-functioning state or are not immediately accessible.
        (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:
        (1) Peace officers while in performance of their
    official duties.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense.
        (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.
        (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.
        (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 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.
        During transportation, such weapons shall be broken
    down in a non-functioning state or not immediately
    accessible.
        (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.
        The exemption granted under this subdivision (c)(6)
    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.
        (7) A person possessing a rifle with a barrel or
    barrels less than 16 inches in length if: (A) the person
    has been issued a Curios and Relics license from the U.S.
    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
    (B) the person is an active member of a bona fide,
    nationally recognized military re-enacting group and the
    modification is required and necessary to accurately
    portray the weapon for historical re-enactment purposes;
    the re-enactor is in possession of a valid and current
    re-enacting group membership credential; and the overall
    length of the weapon as modified is not less than 26
    inches.
    (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.
    (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.
    (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.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
        (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.
        (2) Bonafide collectors of antique or surplus military
    ordnance.
        (3) Laboratories having a department of forensic
    ballistics, or specializing in the development of
    ammunition or explosive ordnance.
        (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
    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.
    (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 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 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 devices shall be detached from
any weapon or not immediately accessible.
    (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) (Blank).
    (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. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
    Section 10. The Unified Code of Corrections is amended by
adding Section 3-2-14 as follows:
 
    (730 ILCS 5/3-2-14 new)
    Sec. 3-2-14. Correctional officers of the Department of
Corrections; coverage under the federal Law Enforcement
Officers Safety Act of 2004. Correctional officers of the
Department of Corrections shall be deemed to be qualified law
enforcement officers or, for retired correctional officers of
the Department of Corrections, shall be deemed qualified
retired or separated law enforcement officers in Illinois for
purposes of coverage under the federal Law Enforcement
Officers Safety Act of 2004 and shall have all rights and
privileges granted by that Act if the correctional officer or
retired correctional officer is otherwise compliant with the
applicable laws of this State governing the implementation and
administration of the federal Law Enforcement Officers Safety
Act of 2004 in the State of Illinois.
 
    Section 15. The County Jail Act is amended by adding
Section 26.1 as follows:
 
    (730 ILCS 125/26.1 new)
    Sec. 26.1. Deputies and county correctional officers;
coverage under the federal Law Enforcement Officers Safety Act
of 2004. Deputies and county correctional officers shall be
deemed to be qualified law enforcement officers or, if
retired, shall be deemed qualified retired or separated law
enforcement officers in Illinois for purposes of coverage
under the federal Law Enforcement Officers Safety Act of 2004
and shall have all rights and privileges granted by that Act if
the deputy or county correctional officer or retired deputy or
county correctional officer is otherwise compliant with the
applicable laws of this State governing the implementation and
administration of the federal Law Enforcement Officers Safety
Act of 2004 in the State of Illinois.

Effective Date: 1/1/2023