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| 1 | AN ACT concerning regulation.
| |||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||
| 4 | Section 5. The Private Detective, Private Alarm, Private | |||||||||||||||||||||||
| 5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | |||||||||||||||||||||||
| 6 | amended by changing Sections 35-40 and 35-45 as follows:
| |||||||||||||||||||||||
| 7 | (225 ILCS 447/35-40)
| |||||||||||||||||||||||
| 8 | (Section scheduled to be repealed on January 1, 2024)
| |||||||||||||||||||||||
| 9 | Sec. 35-40. Firearm control; training requirements.
| |||||||||||||||||||||||
| 10 | (a) The Department shall, pursuant to rule, approve or
| |||||||||||||||||||||||
| 11 | disapprove training programs for the firearm training course,
| |||||||||||||||||||||||
| 12 | which shall be taught by a qualified instructor.
Qualifications | |||||||||||||||||||||||
| 13 | for instructors shall be set by rule. The
firearm training | |||||||||||||||||||||||
| 14 | course shall be conducted by entities, by a
licensee, or by an | |||||||||||||||||||||||
| 15 | agency licensed by this Act, provided the
course is approved by | |||||||||||||||||||||||
| 16 | the Department. The firearm course
shall consist of the | |||||||||||||||||||||||
| 17 | following minimum requirements:
| |||||||||||||||||||||||
| 18 | (1) 48 40 hours of training as follows: , | |||||||||||||||||||||||
| 19 | (A) 20 hours consisting of training which shall
be | |||||||||||||||||||||||
| 20 | as described in Sections 15-20, 20-20, or 25-20, as
| |||||||||||||||||||||||
| 21 | applicable; , and 20 hours of which shall include all of | |||||||||||||||||||||||
| 22 | the
following:
| |||||||||||||||||||||||
| 23 | (B) 8 hours consisting of practice firing on a | |||||||||||||||||||||||
| |||||||
| |||||||
| 1 | range with live ammunition, including, but not limited | ||||||
| 2 | to, firing a minimum of 50 rounds of live ammunition | ||||||
| 3 | (factory loaded service ammunition or factory reloaded | ||||||
| 4 | ammunition) and attaining a minimum score of 70% | ||||||
| 5 | accuracy with each type of weapon the person is | ||||||
| 6 | authorized by the Department to carry and for which the | ||||||
| 7 | person has been trained; and
| ||||||
| 8 | (C) 20 hours consisting of instruction in: (A) | ||||||
| 9 | Instruction in | ||||||
| 10 | (i) the dangers of and misuse
of firearms, | ||||||
| 11 | their storage, safety rules, and care and
cleaning | ||||||
| 12 | of firearms; | ||||||
| 13 | (ii) defensive tactics for in-holster weapon | ||||||
| 14 | retention; | ||||||
| 15 | (iii) .
(B) Practice firing on a range with live
| ||||||
| 16 | ammunition.
(C) Instruction in the legal use of | ||||||
| 17 | firearms; | ||||||
| 18 | (iv) .
(D) A presentation of the ethical and | ||||||
| 19 | moral
considerations necessary for any person who | ||||||
| 20 | possesses a
firearm; | ||||||
| 21 | (v) .
(E) A review of the laws regarding arrest,
| ||||||
| 22 | search, and seizure; and | ||||||
| 23 | (vi) liability .
(F) Liability for acts that | ||||||
| 24 | may be performed
in the course of employment.
| ||||||
| 25 | (2) An examination shall be given at the completion
of | ||||||
| 26 | the course. The examination shall consist of a firearms
| ||||||
| |||||||
| |||||||
| 1 | qualification course and a written examination. Successful
| ||||||
| 2 | completion shall be determined by the Department.
| ||||||
| 3 | (b) The firearm training requirement may be waived for a | ||||||
| 4 | licensee or
employee who has completed training provided by the
| ||||||
| 5 | Illinois Law Enforcement Training Standards Board or the
| ||||||
| 6 | equivalent public body of another state or is a qualified | ||||||
| 7 | retired law enforcement officer as defined in the federal Law | ||||||
| 8 | Enforcement Officers Safety Act of 2004 and is in compliance | ||||||
| 9 | with all of the requirements of that Act, provided
| ||||||
| 10 | documentation showing requalification with the weapon on the
| ||||||
| 11 | firing range is submitted to the Department.
| ||||||
| 12 | (c) In addition to the training provided for in subsection | ||||||
| 13 | (a), a licensee or employee in possession of a valid firearm | ||||||
| 14 | control card shall complete an additional 8 hours of refresher | ||||||
| 15 | training each calendar year commencing with the calendar year | ||||||
| 16 | following one year after the date of the issuance of the | ||||||
| 17 | firearm control card. The 8 hours of training shall consist of | ||||||
| 18 | practice firing on a range with live ammunition, including, but | ||||||
| 19 | not limited to, firing a minimum of 50 rounds of live | ||||||
| 20 | ammunition (factory loaded service ammunition or factory | ||||||
| 21 | reloaded ammunition) and attaining a minimum score of 70% | ||||||
| 22 | accuracy with each type of weapon the person is authorized by | ||||||
| 23 | the Department to carry and for which the person has been | ||||||
| 24 | trained. | ||||||
| 25 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 447/35-45)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 3 | Sec. 35-45. Armed proprietary security force.
| ||||||
| 4 | (a) All financial institutions or commercial or industrial | ||||||
| 5 | operations that employ one or more
armed employees and all | ||||||
| 6 | commercial or
industrial operations that employ 5 or more | ||||||
| 7 | persons as armed
employees shall register their security forces
| ||||||
| 8 | with the Department on forms provided by the Department. | ||||||
| 9 | Registration subjects the security force to all of the | ||||||
| 10 | requirements of this Section. For the purposes of this Section,
| ||||||
| 11 | "financial institution" includes a bank, savings and loan
| ||||||
| 12 | association, credit union, currency exchange, or company
| ||||||
| 13 | providing armored car services. | ||||||
| 14 | (a-1) Commercial or industrial operations that employ less
| ||||||
| 15 | than 5 persons as armed employees may register their security
| ||||||
| 16 | forces with the Department on forms provided by the
Department. | ||||||
| 17 | Registration subjects the security force to all
of the | ||||||
| 18 | requirements of this Section.
| ||||||
| 19 | (b) All armed employees of the registered
proprietary | ||||||
| 20 | security force must complete a 20-hour basic
training course | ||||||
| 21 | and all the 20-hour firearm training requirements of this | ||||||
| 22 | Section.
| ||||||
| 23 | (c) Every proprietary security force is required to
apply | ||||||
| 24 | to the Department, on forms supplied by the Department,
for a | ||||||
| 25 | firearm control card for each armed employee. Each armed
| ||||||
| 26 | employee shall have his or her fingerprints submitted to the
| ||||||
| |||||||
| |||||||
| 1 | Department of State Police in an electronic format that
| ||||||
| 2 | complies with the form and manner for requesting and
furnishing | ||||||
| 3 | criminal history record information as prescribed
by the | ||||||
| 4 | Department of State Police. These fingerprints shall be
checked | ||||||
| 5 | against the Department of State Police and Federal
Bureau of | ||||||
| 6 | Investigation criminal history record databases. The | ||||||
| 7 | Department of State Police shall
charge the armed employee a | ||||||
| 8 | fee for conducting the criminal
history records check, which | ||||||
| 9 | shall be deposited in the State
Police Services Fund and shall | ||||||
| 10 | not exceed the actual cost of
the records check. The Department | ||||||
| 11 | of State Police shall
furnish, pursuant to positive | ||||||
| 12 | identification, records of
Illinois convictions to the | ||||||
| 13 | Department. The Department may
require armed employees to pay a | ||||||
| 14 | separate fingerprinting fee,
either to the Department or | ||||||
| 15 | directly to the vendor. The
Department, in its discretion, may | ||||||
| 16 | allow an armed employee who
does not have reasonable access to | ||||||
| 17 | a designated vendor to
provide his or her fingerprints in an | ||||||
| 18 | alternative manner. The
Department, in its discretion, may also | ||||||
| 19 | use other procedures
in performing or obtaining criminal | ||||||
| 20 | background checks of armed
employees. Instead of submitting his | ||||||
| 21 | or her fingerprints, an
individual may submit proof that is | ||||||
| 22 | satisfactory to the
Department that an equivalent security | ||||||
| 23 | clearance has been
conducted. Also, an individual who has | ||||||
| 24 | retired as a peace
officer within 12 months before application | ||||||
| 25 | may submit
verification, on forms provided by the Department | ||||||
| 26 | and signed
by his or her employer, of his or her previous | ||||||
| |||||||
| |||||||
| 1 | full-time
employment as a peace officer.
| ||||||
| 2 | (d) The Department may provide rules for the
administration | ||||||
| 3 | of this Section.
| ||||||
| 4 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
| 5 | Section 10. The Criminal Code of 2012 is amended by | ||||||
| 6 | changing Section 24-2 as follows:
| ||||||
| 7 | (720 ILCS 5/24-2)
| ||||||
| 8 | Sec. 24-2. Exemptions.
| ||||||
| 9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 10 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
| 11 | the following:
| ||||||
| 12 | (1) Peace officers, and any person summoned by a peace | ||||||
| 13 | officer to
assist in making arrests or preserving the | ||||||
| 14 | peace, while actually engaged in
assisting such officer.
| ||||||
| 15 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
| 16 | penitentiaries, jails and other institutions for the | ||||||
| 17 | detention of persons
accused or convicted of an offense, | ||||||
| 18 | while in the performance of their
official duty, or while | ||||||
| 19 | commuting between their homes and places of employment.
| ||||||
| 20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 21 | the United States
or the Illinois National Guard or the | ||||||
| 22 | Reserve Officers Training Corps,
while in the performance | ||||||
| 23 | of their official duty.
| ||||||
| 24 | (4) Special agents employed by a railroad or a public | ||||||
| |||||||
| |||||||
| 1 | utility to
perform police functions, and guards of armored | ||||||
| 2 | car companies, while
actually engaged in the performance of | ||||||
| 3 | the duties of their employment or
commuting between their | ||||||
| 4 | homes and places of employment; and watchmen
while actually | ||||||
| 5 | engaged in the performance of the duties of their | ||||||
| 6 | employment.
| ||||||
| 7 | (5) Persons licensed as private security contractors, | ||||||
| 8 | private
detectives, or private alarm contractors, or | ||||||
| 9 | employed by a private security contractor, private | ||||||
| 10 | detective, or private alarm contractor agency licensed
by | ||||||
| 11 | the Department of Financial and Professional Regulation, | ||||||
| 12 | if their duties
include the carrying of a weapon under the | ||||||
| 13 | provisions of the Private
Detective, Private Alarm,
| ||||||
| 14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 15 | 2004,
while actually
engaged in the performance of the | ||||||
| 16 | duties of their employment or commuting
between their homes | ||||||
| 17 | and places of employment. A person shall be considered | ||||||
| 18 | eligible for this
exemption if he or she has completed the | ||||||
| 19 | required 28 20
hours of training for a private security | ||||||
| 20 | contractor, private
detective, or private alarm | ||||||
| 21 | contractor, or employee of a licensed private security | ||||||
| 22 | contractor, private detective, or private alarm contractor | ||||||
| 23 | agency and 20 hours of required firearm
training, and has | ||||||
| 24 | been issued a firearm control card by
the Department of | ||||||
| 25 | Financial and Professional Regulation. Conditions for the | ||||||
| 26 | renewal of
firearm control cards issued under the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Section
shall be the same as for those | ||||||
| 2 | cards issued under the provisions of the
Private Detective, | ||||||
| 3 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
| 4 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
| 5 | carried by the private security contractor, private
| ||||||
| 6 | detective, or private alarm contractor, or employee of the | ||||||
| 7 | licensed private security contractor, private detective, | ||||||
| 8 | or private alarm contractor agency at all
times when he or | ||||||
| 9 | she is in possession of a concealable weapon permitted by | ||||||
| 10 | his or her firearm control card.
| ||||||
| 11 | (6) Any person regularly employed in a commercial or | ||||||
| 12 | industrial
operation as a security guard for the protection | ||||||
| 13 | of persons employed
and private property related to such | ||||||
| 14 | commercial or industrial
operation, while actually engaged | ||||||
| 15 | in the performance of his or her
duty or traveling between | ||||||
| 16 | sites or properties belonging to the
employer, and who, as | ||||||
| 17 | a security guard, is a member of a security force | ||||||
| 18 | registered with the Department of Financial and | ||||||
| 19 | Professional
Regulation; provided that such security guard | ||||||
| 20 | has successfully completed a
course of study, approved by | ||||||
| 21 | and supervised by the Department of
Financial and | ||||||
| 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 28 20
| ||||||
| |||||||
| |||||||
| 1 | hours of training for a security officer and 20 hours of | ||||||
| 2 | required firearm
training, and has been issued a firearm | ||||||
| 3 | control card by
the Department of Financial and | ||||||
| 4 | Professional Regulation. Conditions for the renewal of
| ||||||
| 5 | firearm control cards issued under the provisions of this | ||||||
| 6 | Section
shall be the same as for those cards issued under | ||||||
| 7 | the provisions of the
Private Detective, Private Alarm,
| ||||||
| 8 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 9 | 2004. The
firearm control card shall be carried by the | ||||||
| 10 | security guard at all
times when he or she is in possession | ||||||
| 11 | of a concealable weapon permitted by his or her firearm | ||||||
| 12 | control card.
| ||||||
| 13 | (7) Agents and investigators of the Illinois | ||||||
| 14 | Legislative Investigating
Commission authorized by the | ||||||
| 15 | Commission to carry the weapons specified in
subsections | ||||||
| 16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
| 17 | any investigation for the Commission.
| ||||||
| 18 | (8) Persons employed by a financial institution as a | ||||||
| 19 | security guard for the protection of
other employees and | ||||||
| 20 | property related to such financial institution, while
| ||||||
| 21 | actually engaged in the performance of their duties, | ||||||
| 22 | commuting between
their homes and places of employment, or | ||||||
| 23 | traveling between sites or
properties owned or operated by | ||||||
| 24 | such financial institution, and who, as a security guard, | ||||||
| 25 | is a member of a security force registered with the | ||||||
| 26 | Department; provided that
any person so employed has | ||||||
| |||||||
| |||||||
| 1 | successfully completed a course of study,
approved by and | ||||||
| 2 | supervised by the Department of Financial and Professional | ||||||
| 3 | Regulation,
consisting of not less than 40 hours of | ||||||
| 4 | training which includes theory of
law enforcement, | ||||||
| 5 | liability for acts, and the handling of weapons.
A person | ||||||
| 6 | shall be considered to be eligible for this exemption if he | ||||||
| 7 | or
she has completed the required 20 hours of training for | ||||||
| 8 | a security officer
and 28 20 hours of required firearm | ||||||
| 9 | training, and has been issued a
firearm control card by the | ||||||
| 10 | Department of Financial and Professional Regulation.
| ||||||
| 11 | Conditions for renewal of firearm control cards issued | ||||||
| 12 | under the
provisions of this Section shall be the same as | ||||||
| 13 | for those issued under the
provisions of the Private | ||||||
| 14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
| 15 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
| 16 | shall be carried by the security guard at all times when he | ||||||
| 17 | or she is in possession of a concealable
weapon permitted | ||||||
| 18 | by his or her firearm control card. For purposes of this | ||||||
| 19 | subsection, "financial institution" means a
bank, savings | ||||||
| 20 | and loan association, credit union or company providing
| ||||||
| 21 | armored car services.
| ||||||
| 22 | (9) Any person employed by an armored car company to | ||||||
| 23 | drive an armored
car, while actually engaged in the | ||||||
| 24 | performance of his duties.
| ||||||
| 25 | (10) Persons who have been classified as peace officers | ||||||
| 26 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
| |||||||
| |||||||
| 1 | (11) Investigators of the Office of the State's | ||||||
| 2 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
| 3 | governors of the Office of the
State's Attorneys Appellate | ||||||
| 4 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
| 5 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
| 6 | (12) Special investigators appointed by a State's | ||||||
| 7 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
| 8 | (12.5) Probation officers while in the performance of | ||||||
| 9 | their duties, or
while commuting between their homes, | ||||||
| 10 | places of employment or specific locations
that are part of | ||||||
| 11 | their assigned duties, with the consent of the chief judge | ||||||
| 12 | of
the circuit for which they are employed, if they have | ||||||
| 13 | received weapons training according
to requirements of the | ||||||
| 14 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
| 15 | (13) Court Security Officers while in the performance | ||||||
| 16 | of their official
duties, or while commuting between their | ||||||
| 17 | homes and places of employment, with
the
consent of the | ||||||
| 18 | Sheriff.
| ||||||
| 19 | (13.5) A person employed as an armed security guard at | ||||||
| 20 | a nuclear energy,
storage, weapons or development site or | ||||||
| 21 | facility regulated by the Nuclear
Regulatory Commission | ||||||
| 22 | who has completed the background screening and training
| ||||||
| 23 | mandated by the rules and regulations of the Nuclear | ||||||
| 24 | Regulatory Commission.
| ||||||
| 25 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 26 | to
persons
authorized under subdivisions (1) through | ||||||
| |||||||
| |||||||
| 1 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
| 2 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 3 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
| 4 | or handgun and the person has been issued a currently valid | ||||||
| 5 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 6 | the commission of the offense. | ||||||
| 7 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 8 | to
or affect a qualified current or retired law enforcement | ||||||
| 9 | officer qualified under the laws of this State or under the | ||||||
| 10 | federal Law Enforcement Officers Safety Act. | ||||||
| 11 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 12 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
| 13 | (1) Members of any club or organization organized for | ||||||
| 14 | the purpose of
practicing shooting at targets upon | ||||||
| 15 | established target ranges, whether
public or private, and | ||||||
| 16 | patrons of such ranges, while such members
or patrons are | ||||||
| 17 | using their firearms on those target ranges.
| ||||||
| 18 | (2) Duly authorized military or civil organizations | ||||||
| 19 | while parading,
with the special permission of the | ||||||
| 20 | Governor.
| ||||||
| 21 | (3) Hunters, trappers or fishermen with a license or
| ||||||
| 22 | permit while engaged in hunting,
trapping or fishing.
| ||||||
| 23 | (4) Transportation of weapons that are broken down in a
| ||||||
| 24 | non-functioning state or are not immediately accessible.
| ||||||
| 25 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 26 | gun or taser or other firearm on the land or in the legal | ||||||
| |||||||
| |||||||
| 1 | dwelling of another person as an invitee with that person's | ||||||
| 2 | permission. | ||||||
| 3 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 4 | of the
following:
| ||||||
| 5 | (1) Peace officers while in performance of their | ||||||
| 6 | official duties.
| ||||||
| 7 | (2) Wardens, superintendents and keepers of prisons, | ||||||
| 8 | penitentiaries,
jails and other institutions for the | ||||||
| 9 | detention of persons accused or
convicted of an offense.
| ||||||
| 10 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 11 | the United States
or the Illinois National Guard, while in | ||||||
| 12 | the performance of their official
duty.
| ||||||
| 13 | (4) Manufacture, transportation, or sale of machine | ||||||
| 14 | guns to persons
authorized under subdivisions (1) through | ||||||
| 15 | (3) of this subsection to
possess machine guns, if the | ||||||
| 16 | machine guns are broken down in a
non-functioning state or | ||||||
| 17 | are not immediately accessible.
| ||||||
| 18 | (5) Persons licensed under federal law to manufacture | ||||||
| 19 | any weapon from
which 8 or more shots or bullets can be | ||||||
| 20 | discharged by a
single function of the firing device, or | ||||||
| 21 | ammunition for such weapons, and
actually engaged in the | ||||||
| 22 | business of manufacturing such weapons or
ammunition, but | ||||||
| 23 | only with respect to activities which are within the lawful
| ||||||
| 24 | scope of such business, such as the manufacture, | ||||||
| 25 | transportation, or testing
of such weapons or ammunition. | ||||||
| 26 | This exemption does not authorize the
general private | ||||||
| |||||||
| |||||||
| 1 | possession of any weapon from which 8 or more
shots or | ||||||
| 2 | bullets can be discharged by a single function of the | ||||||
| 3 | firing
device, but only such possession and activities as | ||||||
| 4 | are within the lawful
scope of a licensed manufacturing | ||||||
| 5 | business described in this paragraph.
| ||||||
| 6 | During transportation, such weapons shall be broken | ||||||
| 7 | down in a
non-functioning state or not immediately | ||||||
| 8 | accessible.
| ||||||
| 9 | (6) The manufacture, transport, testing, delivery, | ||||||
| 10 | transfer or sale,
and all lawful commercial or experimental | ||||||
| 11 | activities necessary thereto, of
rifles, shotguns, and | ||||||
| 12 | weapons made from rifles or shotguns,
or ammunition for | ||||||
| 13 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
| 14 | person operating as a contractor or subcontractor pursuant | ||||||
| 15 | to a
contract or subcontract for the development and supply | ||||||
| 16 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
| 17 | United States government or any
branch of the Armed Forces | ||||||
| 18 | of the United States, when such activities are
necessary | ||||||
| 19 | and incident to fulfilling the terms of such contract.
| ||||||
| 20 | The exemption granted under this subdivision (c)(6)
| ||||||
| 21 | shall also apply to any authorized agent of any such | ||||||
| 22 | contractor or
subcontractor who is operating within the | ||||||
| 23 | scope of his employment, where
such activities involving | ||||||
| 24 | such weapon, weapons or ammunition are necessary
and | ||||||
| 25 | incident to fulfilling the terms of such contract.
| ||||||
| 26 | (7) A person possessing a rifle with a barrel or | ||||||
| |||||||
| |||||||
| 1 | barrels less than 16 inches in length if: (A) the person | ||||||
| 2 | has been issued a Curios and Relics license from the U.S. | ||||||
| 3 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
| 4 | the person is an active member of a bona fide, nationally | ||||||
| 5 | recognized military re-enacting group and the modification | ||||||
| 6 | is required and necessary to accurately portray the weapon | ||||||
| 7 | for historical re-enactment purposes; the re-enactor is in | ||||||
| 8 | possession of a valid and current re-enacting group | ||||||
| 9 | membership credential; and the overall length of the weapon | ||||||
| 10 | as modified is not less than 26 inches. | ||||||
| 11 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 12 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
| 13 | 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 apply | ||||||
| 23 | to:
| ||||||
| 24 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 25 | the United
States or the Illinois National Guard, while in | ||||||
| 26 | the performance of their
official duty.
| ||||||
| |||||||
| |||||||
| 1 | (2) Bonafide collectors of antique or surplus military | ||||||
| 2 | ordnance.
| ||||||
| 3 | (3) Laboratories having a department of forensic | ||||||
| 4 | ballistics, or
specializing in the development of | ||||||
| 5 | ammunition or explosive ordnance.
| ||||||
| 6 | (4) Commerce, preparation, assembly or possession of | ||||||
| 7 | explosive
bullets by manufacturers of ammunition licensed | ||||||
| 8 | by the federal government,
in connection with the supply of | ||||||
| 9 | those organizations and persons exempted
by subdivision | ||||||
| 10 | (g)(1) of this Section, or like organizations and persons
| ||||||
| 11 | outside this State, or the transportation of explosive | ||||||
| 12 | bullets to any
organization or person exempted in this | ||||||
| 13 | Section by a common carrier or by a
vehicle owned or leased | ||||||
| 14 | by an exempted manufacturer.
| ||||||
| 15 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 16 | persons licensed
under federal law to manufacture any device or | ||||||
| 17 | attachment of any kind designed,
used, or intended for use in | ||||||
| 18 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
| 19 | for those firearms equipped with those devices, and actually | ||||||
| 20 | engaged in the
business of manufacturing those devices, | ||||||
| 21 | firearms, or ammunition, but only with
respect to
activities | ||||||
| 22 | that are within the lawful scope of that business, such as the
| ||||||
| 23 | manufacture, transportation, or testing of those devices, | ||||||
| 24 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
| 25 | general private possession of any device or
attachment of any | ||||||
| 26 | kind designed, used, or intended for use in silencing the
| ||||||
| |||||||
| |||||||
| 1 | report of any firearm, but only such possession and activities | ||||||
| 2 | as are within
the
lawful scope of a licensed manufacturing | ||||||
| 3 | business described in this subsection
(g-5). During | ||||||
| 4 | transportation, these devices shall be detached from any weapon
| ||||||
| 5 | or
not immediately accessible.
| ||||||
| 6 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
| 7 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
| 8 | supervisor who meets the qualifications and conditions | ||||||
| 9 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 10 | Corrections. | ||||||
| 11 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 12 | officer while serving as a member of a tactical response team | ||||||
| 13 | or special operations team. A peace officer may not personally | ||||||
| 14 | own or apply for ownership of a device or attachment of any | ||||||
| 15 | kind designed, used, or intended for use in silencing the | ||||||
| 16 | report of any firearm. These devices shall be owned and | ||||||
| 17 | maintained by lawfully recognized units of government whose | ||||||
| 18 | duties include the investigation of criminal acts. | ||||||
| 19 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
| 20 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
| 21 | athlete's possession, transport on official Olympic and | ||||||
| 22 | Paralympic transit systems established for athletes, or use of | ||||||
| 23 | competition firearms sanctioned by the International Olympic | ||||||
| 24 | Committee, the International Paralympic Committee, the | ||||||
| 25 | International Shooting Sport Federation, or USA Shooting in | ||||||
| 26 | connection with such athlete's training for and participation | ||||||
| |||||||
| |||||||
| 1 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
| 2 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
| 3 | and Paralympic Games. | ||||||
| 4 | (h) An information or indictment based upon a violation of | ||||||
| 5 | any
subsection of this Article need not negative any exemptions | ||||||
| 6 | contained in
this Article. The defendant shall have the burden | ||||||
| 7 | of proving such an
exemption.
| ||||||
| 8 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 9 | affect
the transportation, carrying, or possession, of any | ||||||
| 10 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
| 11 | to a common carrier operating
under license of the State of | ||||||
| 12 | Illinois or the federal government, where
such transportation, | ||||||
| 13 | carrying, or possession is incident to the lawful
| ||||||
| 14 | transportation in which such common carrier is engaged; and | ||||||
| 15 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
| 16 | transportation, carrying,
or possession of any pistol, | ||||||
| 17 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
| 18 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
| 19 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
| 20 | carrying box, shipping box, or other container, by the | ||||||
| 21 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
| 22 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
| ||||||