Rep. Tony McCombie

Filed: 2/10/2022

 

 


 

 


 
10200HB4636ham001LRB102 24466 RLC 35782 a

1
AMENDMENT TO HOUSE BILL 4636

2    AMENDMENT NO. ______. Amend House Bill 4636 on page 3, by
3replacing lines 3 and 4 with the following:
 
4    "Section 15. The Firearm Concealed Carry Act is amended by
5changing Sections 65 and 75 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area
11    under the control of a public or private elementary or
12    secondary school.
13        (2) Any building, real property, and parking area
14    under the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in

 

 

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1    this paragraph shall prevent the operator of a child care
2    facility in a family home from owning or possessing a
3    firearm in the home or license under this Act, if no child
4    under child care at the home is present in the home or the
5    firearm in the home is stored in a locked container when a
6    child under child care at the home is present in the home.
7        (3) Any building, parking area, or portion of a
8    building under the control of an officer of the executive
9    or legislative branch of government, provided that nothing
10    in this paragraph shall prohibit a licensee from carrying
11    a concealed firearm onto the real property, bikeway, or
12    trail in a park regulated by the Department of Natural
13    Resources or any other designated public hunting area or
14    building where firearm possession is permitted as
15    established by the Department of Natural Resources under
16    Section 1.8 of the Wildlife Code. Nothing in this
17    paragraph prohibits a licensee who is a caseworker of the
18    Department of Children and Family Services from carrying a
19    firearm into the Department of Children and Family
20    Services caseworker's place of employment. In this
21    paragraph, "caseworker" has the meaning ascribed to it in
22    Section 45 of the Children and Family Services Act.
23        (4) Any building designated for matters before a
24    circuit court, appellate court, or the Supreme Court, or
25    any building or portion of a building under the control of
26    the Supreme Court.

 

 

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1        (5) Any building or portion of a building under the
2    control of a unit of local government.
3        (6) Any building, real property, and parking area
4    under the control of an adult or juvenile detention or
5    correctional institution, prison, or jail.
6        (7) Any building, real property, and parking area
7    under the control of a public or private hospital or
8    hospital affiliate, mental health facility, or nursing
9    home.
10        (8) Any bus, train, or form of transportation paid for
11    in whole or in part with public funds, and any building,
12    real property, and parking area under the control of a
13    public transportation facility paid for in whole or in
14    part with public funds.
15        (9) Any building, real property, and parking area
16    under the control of an establishment that serves alcohol
17    on its premises, if more than 50% of the establishment's
18    gross receipts within the prior 3 months is from the sale
19    of alcohol. The owner of an establishment who knowingly
20    fails to prohibit concealed firearms on its premises as
21    provided in this paragraph or who knowingly makes a false
22    statement or record to avoid the prohibition on concealed
23    firearms under this paragraph is subject to the penalty
24    under subsection (c-5) of Section 10-1 of the Liquor
25    Control Act of 1934.
26        (10) Any public gathering or special event conducted

 

 

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1    on property open to the public that requires the issuance
2    of a permit from the unit of local government, provided
3    this prohibition shall not apply to a licensee who must
4    walk through a public gathering in order to access his or
5    her residence, place of business, or vehicle.
6        (11) Any building or real property that has been
7    issued a Special Event Retailer's license as defined in
8    Section 1-3.17.1 of the Liquor Control Act during the time
9    designated for the sale of alcohol by the Special Event
10    Retailer's license, or a Special use permit license as
11    defined in subsection (q) of Section 5-1 of the Liquor
12    Control Act during the time designated for the sale of
13    alcohol by the Special use permit license.
14        (12) Any public playground.
15        (13) Any public park, athletic area, or athletic
16    facility under the control of a municipality or park
17    district, provided nothing in this Section shall prohibit
18    a licensee from carrying a concealed firearm while on a
19    trail or bikeway if only a portion of the trail or bikeway
20    includes a public park.
21        (14) Any real property under the control of the Cook
22    County Forest Preserve District.
23        (15) Any building, classroom, laboratory, medical
24    clinic, hospital, artistic venue, athletic venue,
25    entertainment venue, officially recognized
26    university-related organization property, whether owned or

 

 

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1    leased, and any real property, including parking areas,
2    sidewalks, and common areas under the control of a public
3    or private community college, college, or university.
4        (16) Any building, real property, or parking area
5    under the control of a gaming facility licensed under the
6    Illinois Gambling Act or the Illinois Horse Racing Act of
7    1975, including an inter-track wagering location licensee.
8        (17) Any stadium, arena, or the real property or
9    parking area under the control of a stadium, arena, or any
10    collegiate or professional sporting event.
11        (18) Any building, real property, or parking area
12    under the control of a public library.
13        (19) Any building, real property, or parking area
14    under the control of an airport.
15        (20) Any building, real property, or parking area
16    under the control of an amusement park.
17        (21) Any building, real property, or parking area
18    under the control of a zoo or museum.
19        (22) Any street, driveway, parking area, property,
20    building, or facility, owned, leased, controlled, or used
21    by a nuclear energy, storage, weapons, or development site
22    or facility regulated by the federal Nuclear Regulatory
23    Commission. The licensee shall not under any circumstance
24    store a firearm or ammunition in his or her vehicle or in a
25    compartment or container within a vehicle located anywhere
26    in or on the street, driveway, parking area, property,

 

 

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1    building, or facility described in this paragraph.
2        (23) Any area where firearms are prohibited under
3    federal law.
4    (a-5) Nothing in this Act shall prohibit a public or
5private community college, college, or university from:
6        (1) prohibiting persons from carrying a firearm within
7    a vehicle owned, leased, or controlled by the college or
8    university;
9        (2) developing resolutions, regulations, or policies
10    regarding student, employee, or visitor misconduct and
11    discipline, including suspension and expulsion;
12        (3) developing resolutions, regulations, or policies
13    regarding the storage or maintenance of firearms, which
14    must include designated areas where persons can park
15    vehicles that carry firearms; and
16        (4) permitting the carrying or use of firearms for the
17    purpose of instruction and curriculum of officially
18    recognized programs, including but not limited to military
19    science and law enforcement training programs, or in any
20    designated area used for hunting purposes or target
21    shooting.
22    (a-10) The owner of private real property of any type may
23prohibit the carrying of concealed firearms on the property
24under his or her control. The owner must post a sign in
25accordance with subsection (d) of this Section indicating that
26firearms are prohibited on the property, unless the property

 

 

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1is a private residence.
2    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
3this Section except under paragraph (22) or (23) of subsection
4(a), any licensee prohibited from carrying a concealed firearm
5into the parking area of a prohibited location specified in
6subsection (a), (a-5), or (a-10) of this Section shall be
7permitted to carry a concealed firearm on or about his or her
8person within a vehicle into the parking area and may store a
9firearm or ammunition concealed in a case within a locked
10vehicle or locked container out of plain view within the
11vehicle in the parking area. A licensee may carry a concealed
12firearm in the immediate area surrounding his or her vehicle
13within a prohibited parking lot area only for the limited
14purpose of storing or retrieving a firearm within the
15vehicle's trunk. For purposes of this subsection, "case"
16includes a glove compartment or console that completely
17encloses the concealed firearm or ammunition, the trunk of the
18vehicle, or a firearm carrying box, shipping box, or other
19container.
20    (c) A licensee shall not be in violation of this Section
21while he or she is traveling along a public right of way that
22touches or crosses any of the premises under subsection (a),
23(a-5), or (a-10) of this Section if the concealed firearm is
24carried on his or her person in accordance with the provisions
25of this Act or is being transported in a vehicle by the
26licensee in accordance with all other applicable provisions of

 

 

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1law.
2    (d) Signs stating that the carrying of firearms is
3prohibited shall be clearly and conspicuously posted at the
4entrance of a building, premises, or real property specified
5in this Section as a prohibited area, unless the building or
6premises is a private residence. Signs shall be of a uniform
7design as established by the Illinois State Police and shall
8be 4 inches by 6 inches in size. The Illinois State Police
9shall adopt rules for standardized signs to be used under this
10subsection.
11(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)";
12and
 
13on page 6, by inserting immediately below line 25 the
14following:
 
15    "Section 20. The Criminal Code of 2012 is amended by
16changing Section 24-2 as follows:
 
17    (720 ILCS 5/24-2)
18    Sec. 24-2. Exemptions.
19    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
21the following:
22        (1) Peace officers, and any person summoned by a peace
23    officer to assist in making arrests or preserving the

 

 

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1    peace, while actually engaged in assisting such officer.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense,
5    while in the performance of their official duty, or while
6    commuting between their homes and places of employment.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard or the
9    Reserve Officers Training Corps, while in the performance
10    of their official duty.
11        (4) Special agents employed by a railroad or a public
12    utility to perform police functions, and guards of armored
13    car companies, while actually engaged in the performance
14    of the duties of their employment or commuting between
15    their homes and places of employment; and watchmen while
16    actually engaged in the performance of the duties of their
17    employment.
18        (5) Persons licensed as private security contractors,
19    private detectives, or private alarm contractors, or
20    employed by a private security contractor, private
21    detective, or private alarm contractor agency licensed by
22    the Department of Financial and Professional Regulation,
23    if their duties include the carrying of a weapon under the
24    provisions of the Private Detective, Private Alarm,
25    Private Security, Fingerprint Vendor, and Locksmith Act of
26    2004, while actually engaged in the performance of the

 

 

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1    duties of their employment or commuting between their
2    homes and places of employment. A person shall be
3    considered eligible for this exemption if he or she has
4    completed the required 20 hours of training for a private
5    security contractor, private detective, or private alarm
6    contractor, or employee of a licensed private security
7    contractor, private detective, or private alarm contractor
8    agency and 28 hours of required firearm training, and has
9    been issued a firearm control card by the Department of
10    Financial and Professional Regulation. Conditions for the
11    renewal of firearm control cards issued under the
12    provisions of this Section shall be the same as for those
13    cards issued under the provisions of the Private
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control
16    card shall be carried by the private security contractor,
17    private detective, or private alarm contractor, or
18    employee of the licensed private security contractor,
19    private detective, or private alarm contractor agency at
20    all times when he or she is in possession of a concealable
21    weapon permitted by his or her firearm control card.
22        (6) Any person regularly employed in a commercial or
23    industrial operation as a security guard for the
24    protection of persons employed and private property
25    related to such commercial or industrial operation, while
26    actually engaged in the performance of his or her duty or

 

 

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1    traveling between sites or properties belonging to the
2    employer, and who, as a security guard, is a member of a
3    security force registered with the Department of Financial
4    and Professional Regulation; provided that such security
5    guard has successfully completed a course of study,
6    approved by and supervised by the Department of Financial
7    and Professional Regulation, consisting of not less than
8    48 hours of training that includes the theory of law
9    enforcement, liability for acts, and the handling of
10    weapons. A person shall be considered eligible for this
11    exemption if he or she has completed the required 20 hours
12    of training for a security officer and 28 hours of
13    required firearm training, and has been issued a firearm
14    control card by the Department of Financial and
15    Professional Regulation. Conditions for the renewal of
16    firearm control cards issued under the provisions of this
17    Section shall be the same as for those cards issued under
18    the provisions of the Private Detective, Private Alarm,
19    Private Security, Fingerprint Vendor, and Locksmith Act of
20    2004. The firearm control card shall be carried by the
21    security guard at all times when he or she is in possession
22    of a concealable weapon permitted by his or her firearm
23    control card.
24        (7) Agents and investigators of the Illinois
25    Legislative Investigating Commission authorized by the
26    Commission to carry the weapons specified in subsections

 

 

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1    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2    any investigation for the Commission.
3        (8) Persons employed by a financial institution as a
4    security guard for the protection of other employees and
5    property related to such financial institution, while
6    actually engaged in the performance of their duties,
7    commuting between their homes and places of employment, or
8    traveling between sites or properties owned or operated by
9    such financial institution, and who, as a security guard,
10    is a member of a security force registered with the
11    Department; provided that any person so employed has
12    successfully completed a course of study, approved by and
13    supervised by the Department of Financial and Professional
14    Regulation, consisting of not less than 48 hours of
15    training which includes theory of law enforcement,
16    liability for acts, and the handling of weapons. A person
17    shall be considered to be eligible for this exemption if
18    he or she has completed the required 20 hours of training
19    for a security officer and 28 hours of required firearm
20    training, and has been issued a firearm control card by
21    the Department of Financial and Professional Regulation.
22    Conditions for renewal of firearm control cards issued
23    under the provisions of this Section shall be the same as
24    for those issued under the provisions of the Private
25    Detective, Private Alarm, Private Security, Fingerprint
26    Vendor, and Locksmith Act of 2004. The firearm control

 

 

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1    card shall be carried by the security guard at all times
2    when he or she is in possession of a concealable weapon
3    permitted by his or her firearm control card. For purposes
4    of this subsection, "financial institution" means a bank,
5    savings and loan association, credit union or company
6    providing armored car services.
7        (9) Any person employed by an armored car company to
8    drive an armored car, while actually engaged in the
9    performance of his duties.
10        (10) Persons who have been classified as peace
11    officers pursuant to the Peace Officer Fire Investigation
12    Act.
13        (11) Investigators of the Office of the State's
14    Attorneys Appellate Prosecutor authorized by the board of
15    governors of the Office of the State's Attorneys Appellate
16    Prosecutor to carry weapons pursuant to Section 7.06 of
17    the State's Attorneys Appellate Prosecutor's Act.
18        (12) Special investigators appointed by a State's
19    Attorney under Section 3-9005 of the Counties Code.
20        (12.5) Probation officers while in the performance of
21    their duties, or while commuting between their homes,
22    places of employment or specific locations that are part
23    of their assigned duties, with the consent of the chief
24    judge of the circuit for which they are employed, if they
25    have received weapons training according to requirements
26    of the Peace Officer and Probation Officer Firearm

 

 

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1    Training Act.
2        (13) Court Security Officers while in the performance
3    of their official duties, or while commuting between their
4    homes and places of employment, with the consent of the
5    Sheriff.
6        (13.5) A person employed as an armed security guard at
7    a nuclear energy, storage, weapons or development site or
8    facility regulated by the Nuclear Regulatory Commission
9    who has completed the background screening and training
10    mandated by the rules and regulations of the Nuclear
11    Regulatory Commission.
12        (14) Manufacture, transportation, or sale of weapons
13    to persons authorized under subdivisions (1) through
14    (13.5) of this subsection to possess those weapons.
15    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
16to or affect any person carrying a concealed pistol, revolver,
17or handgun and the person has been issued a currently valid
18license under the Firearm Concealed Carry Act at the time of
19the commission of the offense.
20     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
21to or affect a qualified current or retired law enforcement
22officer qualified under the laws of this State or under the
23federal Law Enforcement Officers Safety Act.
24    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any of the following:
26        (1) Members of any club or organization organized for

 

 

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1    the purpose of practicing shooting at targets upon
2    established target ranges, whether public or private, and
3    patrons of such ranges, while such members or patrons are
4    using their firearms on those target ranges.
5        (2) Duly authorized military or civil organizations
6    while parading, with the special permission of the
7    Governor.
8        (3) Hunters, trappers or fishermen with a license or
9    permit while engaged in hunting, trapping or fishing.
10        (4) Transportation of weapons that are broken down in
11    a non-functioning state or are not immediately accessible.
12        (5) Carrying or possessing any pistol, revolver, stun
13    gun or taser or other firearm on the land or in the legal
14    dwelling of another person as an invitee with that
15    person's permission.
16        (6) Caseworkers employed by the Department of Children
17    and Family Services who are carrying or possessing
18    firearms in the course of their official duties. In this
19    paragraph, "caseworker" has the meaning ascribed to it in
20    Section 45 of the Children and Family Services Act.
21    (c) Subsection 24-1(a)(7) does not apply to or affect any
22of the following:
23        (1) Peace officers while in performance of their
24    official duties.
25        (2) Wardens, superintendents and keepers of prisons,
26    penitentiaries, jails and other institutions for the

 

 

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1    detention of persons accused or convicted of an offense.
2        (3) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard, while in
4    the performance of their official duty.
5        (4) Manufacture, transportation, or sale of machine
6    guns to persons authorized under subdivisions (1) through
7    (3) of this subsection to possess machine guns, if the
8    machine guns are broken down in a non-functioning state or
9    are not immediately accessible.
10        (5) Persons licensed under federal law to manufacture
11    any weapon from which 8 or more shots or bullets can be
12    discharged by a single function of the firing device, or
13    ammunition for such weapons, and actually engaged in the
14    business of manufacturing such weapons or ammunition, but
15    only with respect to activities which are within the
16    lawful scope of such business, such as the manufacture,
17    transportation, or testing of such weapons or ammunition.
18    This exemption does not authorize the general private
19    possession of any weapon from which 8 or more shots or
20    bullets can be discharged by a single function of the
21    firing device, but only such possession and activities as
22    are within the lawful scope of a licensed manufacturing
23    business described in this paragraph.
24        During transportation, such weapons shall be broken
25    down in a non-functioning state or not immediately
26    accessible.

 

 

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1        (6) The manufacture, transport, testing, delivery,
2    transfer or sale, and all lawful commercial or
3    experimental activities necessary thereto, of rifles,
4    shotguns, and weapons made from rifles or shotguns, or
5    ammunition for such rifles, shotguns or weapons, where
6    engaged in by a person operating as a contractor or
7    subcontractor pursuant to a contract or subcontract for
8    the development and supply of such rifles, shotguns,
9    weapons or ammunition to the United States government or
10    any branch of the Armed Forces of the United States, when
11    such activities are necessary and incident to fulfilling
12    the terms of such contract.
13        The exemption granted under this subdivision (c)(6)
14    shall also apply to any authorized agent of any such
15    contractor or subcontractor who is operating within the
16    scope of his employment, where such activities involving
17    such weapon, weapons or ammunition are necessary and
18    incident to fulfilling the terms of such contract.
19        (7) A person possessing a rifle with a barrel or
20    barrels less than 16 inches in length if: (A) the person
21    has been issued a Curios and Relics license from the U.S.
22    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
23    (B) the person is an active member of a bona fide,
24    nationally recognized military re-enacting group and the
25    modification is required and necessary to accurately
26    portray the weapon for historical re-enactment purposes;

 

 

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1    the re-enactor is in possession of a valid and current
2    re-enacting group membership credential; and the overall
3    length of the weapon as modified is not less than 26
4    inches.
5    (d) Subsection 24-1(a)(1) does not apply to the purchase,
6possession or carrying of a black-jack or slung-shot by a
7peace officer.
8    (e) Subsection 24-1(a)(8) does not apply to any owner,
9manager or authorized employee of any place specified in that
10subsection nor to any law enforcement officer.
11    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
12Section 24-1.6 do not apply to members of any club or
13organization organized for the purpose of practicing shooting
14at targets upon established target ranges, whether public or
15private, while using their firearms on those target ranges.
16    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
17to:
18        (1) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duty.
21        (2) Bonafide collectors of antique or surplus military
22    ordnance.
23        (3) Laboratories having a department of forensic
24    ballistics, or specializing in the development of
25    ammunition or explosive ordnance.
26        (4) Commerce, preparation, assembly or possession of

 

 

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1    explosive bullets by manufacturers of ammunition licensed
2    by the federal government, in connection with the supply
3    of those organizations and persons exempted by subdivision
4    (g)(1) of this Section, or like organizations and persons
5    outside this State, or the transportation of explosive
6    bullets to any organization or person exempted in this
7    Section by a common carrier or by a vehicle owned or leased
8    by an exempted manufacturer.
9    (g-5) Subsection 24-1(a)(6) does not apply to or affect
10persons licensed under federal law to manufacture any device
11or attachment of any kind designed, used, or intended for use
12in silencing the report of any firearm, firearms, or
13ammunition for those firearms equipped with those devices, and
14actually engaged in the business of manufacturing those
15devices, firearms, or ammunition, but only with respect to
16activities that are within the lawful scope of that business,
17such as the manufacture, transportation, or testing of those
18devices, firearms, or ammunition. This exemption does not
19authorize the general private possession of any device or
20attachment of any kind designed, used, or intended for use in
21silencing the report of any firearm, but only such possession
22and activities as are within the lawful scope of a licensed
23manufacturing business described in this subsection (g-5).
24During transportation, these devices shall be detached from
25any weapon or not immediately accessible.
26    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

 

 

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124-1.6 do not apply to or affect any parole agent or parole
2supervisor who meets the qualifications and conditions
3prescribed in Section 3-14-1.5 of the Unified Code of
4Corrections.
5    (g-7) Subsection 24-1(a)(6) does not apply to a peace
6officer while serving as a member of a tactical response team
7or special operations team. A peace officer may not personally
8own or apply for ownership of a device or attachment of any
9kind designed, used, or intended for use in silencing the
10report of any firearm. These devices shall be owned and
11maintained by lawfully recognized units of government whose
12duties include the investigation of criminal acts.
13    (g-10) (Blank).
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any
16exemptions contained in this Article. The defendant shall have
17the burden of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm
21consigned to a common carrier operating under license of the
22State of Illinois or the federal government, where such
23transportation, carrying, or possession is incident to the
24lawful transportation in which such common carrier is engaged;
25and nothing in this Article shall prohibit, apply to, or
26affect the transportation, carrying, or possession of any

 

 

10200HB4636ham001- 21 -LRB102 24466 RLC 35782 a

1pistol, revolver, stun gun, taser, or other firearm, not the
2subject of and regulated by subsection 24-1(a)(7) or
3subsection 24-2(c) of this Article, which is unloaded and
4enclosed in a case, firearm carrying box, shipping box, or
5other container, by the possessor of a valid Firearm Owners
6Identification Card.
7(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)".