103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4723

 

Introduced 2/6/2024, by Rep. Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 10/5.5 new
720 ILCS 5/24-2

    Amends the Illinois Gambling Act. Provides that gaming special agents employed by the Illinois Gaming Board shall be deemed to be qualified law enforcement officers or, for retired gaming special agents formerly employed by the Illinois Gaming Board, 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 gaming special agent or retired gaming special agent 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. Amends the Criminal Code of 2012. Exempts gaming special agents and retired gaming special agents from the unlawful use of weapons violations for carrying or possessing firearms in a vehicle or concealed on or about their person or carrying or possessing firearms on or about their person upon any public street, alley, or other public lands within the corporate limits of a municipality.


LRB103 36535 RLC 66642 b

 

 

A BILL FOR

 

HB4723LRB103 36535 RLC 66642 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Gambling Act is amended by adding
5Section 5.5 as follows:
 
6    (230 ILCS 10/5.5 new)
7    Sec. 5.5. Gaming special agents; coverage under the
8federal Law Enforcement Officers Safety Act of 2004. Gaming
9special agents employed by the Illinois Gaming Board shall be
10deemed to be qualified law enforcement officers or, for
11retired gaming special agents formerly employed by the
12Illinois Gaming Board, shall be deemed qualified retired or
13separated law enforcement officers in Illinois for purposes of
14coverage under the federal Law Enforcement Officers Safety Act
15of 2004 and shall have all rights and privileges granted by
16that Act if the gaming special agent or retired gaming special
17agent is otherwise compliant with the applicable laws of this
18State governing the implementation and administration of the
19federal Law Enforcement Officers Safety Act of 2004 in the
20State of Illinois.
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Section 24-2 as follows:
 

 

 

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1    (720 ILCS 5/24-2)
2    Sec. 24-2. Exemptions.
3    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6        (1) Peace officers, and any person summoned by a peace
7    officer to assist in making arrests or preserving the
8    peace, while actually engaged in assisting such officer.
9        (2) Wardens, superintendents and keepers of prisons,
10    penitentiaries, jails and other institutions for the
11    detention of persons accused or convicted of an offense,
12    while in the performance of their official duty, or while
13    commuting between their homes and places of employment.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard or the
16    Reserve Officers Training Corps, while in the performance
17    of their official duty.
18        (4) Special agents employed by a railroad or a public
19    utility to perform police functions, and guards of armored
20    car companies, while actually engaged in the performance
21    of the duties of their employment or commuting between
22    their homes and places of employment; and watchmen while
23    actually engaged in the performance of the duties of their
24    employment.
25        (5) Persons licensed as private security contractors,

 

 

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1    private detectives, or private alarm contractors, or
2    employed by a private security contractor, private
3    detective, or private alarm contractor agency licensed by
4    the Department of Financial and Professional Regulation,
5    if their duties include the carrying of a weapon under the
6    provisions of the Private Detective, Private Alarm,
7    Private Security, Fingerprint Vendor, and Locksmith Act of
8    2004, while actually engaged in the performance of the
9    duties of their employment or commuting between their
10    homes and places of employment. A person shall be
11    considered eligible for this exemption if he or she has
12    completed the required 20 hours of training for a private
13    security contractor, private detective, or private alarm
14    contractor, or employee of a licensed private security
15    contractor, private detective, or private alarm contractor
16    agency and 28 hours of required firearm training, and has
17    been issued a firearm control card by the Department of
18    Financial and Professional Regulation. Conditions for the
19    renewal of firearm control cards issued under the
20    provisions of this Section shall be the same as for those
21    cards issued under the provisions of the Private
22    Detective, Private Alarm, Private Security, Fingerprint
23    Vendor, and Locksmith Act of 2004. The firearm control
24    card shall be carried by the private security contractor,
25    private detective, or private alarm contractor, or
26    employee of the licensed private security contractor,

 

 

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1    private detective, or private alarm contractor agency at
2    all times when he or she is in possession of a concealable
3    weapon permitted by his or her firearm control card.
4        (6) Any person regularly employed in a commercial or
5    industrial operation as a security guard for the
6    protection of persons employed and private property
7    related to such commercial or industrial operation, while
8    actually engaged in the performance of his or her duty or
9    traveling between sites or properties belonging to the
10    employer, and who, as a security guard, is a member of a
11    security force registered with the Department of Financial
12    and Professional Regulation; provided that such security
13    guard has successfully completed a course of study,
14    approved by and supervised by the Department of Financial
15    and Professional Regulation, consisting of not less than
16    48 hours of training that includes the theory of law
17    enforcement, liability for acts, and the handling of
18    weapons. A person shall be considered eligible for this
19    exemption if he or she has completed the required 20 hours
20    of training for a security officer and 28 hours of
21    required firearm training, and has been issued a firearm
22    control card by the Department of Financial and
23    Professional Regulation. Conditions for the renewal of
24    firearm control cards issued under the provisions of this
25    Section shall be the same as for those cards issued under
26    the provisions of the Private Detective, Private Alarm,

 

 

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1    Private Security, Fingerprint Vendor, and Locksmith Act of
2    2004. The firearm control card shall be carried by the
3    security guard at all times when he or she is in possession
4    of a concealable weapon permitted by his or her firearm
5    control card.
6        (7) Agents and investigators of the Illinois
7    Legislative Investigating Commission authorized by the
8    Commission to carry the weapons specified in subsections
9    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
10    any investigation for the Commission.
11        (8) Persons employed by a financial institution as a
12    security guard for the protection of other employees and
13    property related to such financial institution, while
14    actually engaged in the performance of their duties,
15    commuting between their homes and places of employment, or
16    traveling between sites or properties owned or operated by
17    such financial institution, and who, as a security guard,
18    is a member of a security force registered with the
19    Department; provided that any person so employed has
20    successfully completed a course of study, approved by and
21    supervised by the Department of Financial and Professional
22    Regulation, consisting of not less than 48 hours of
23    training which includes theory of law enforcement,
24    liability for acts, and the handling of weapons. A person
25    shall be considered to be eligible for this exemption if
26    he or she has completed the required 20 hours of training

 

 

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1    for a security officer and 28 hours of required firearm
2    training, and has been issued a firearm control card by
3    the Department of Financial and Professional Regulation.
4    Conditions for renewal of firearm control cards issued
5    under the provisions of this Section shall be the same as
6    for those issued under the provisions of the Private
7    Detective, Private Alarm, Private Security, Fingerprint
8    Vendor, and Locksmith Act of 2004. The firearm control
9    card shall be carried by the security guard at all times
10    when he or she is in possession of a concealable weapon
11    permitted by his or her firearm control card. For purposes
12    of this subsection, "financial institution" means a bank,
13    savings and loan association, credit union or company
14    providing armored car services.
15        (9) Any person employed by an armored car company to
16    drive an armored car, while actually engaged in the
17    performance of his duties.
18        (10) Persons who have been classified as peace
19    officers pursuant to the Peace Officer Fire Investigation
20    Act.
21        (11) Investigators of the Office of the State's
22    Attorneys Appellate Prosecutor authorized by the board of
23    governors of the Office of the State's Attorneys Appellate
24    Prosecutor to carry weapons pursuant to Section 7.06 of
25    the State's Attorneys Appellate Prosecutor's Act.
26        (12) Special investigators appointed by a State's

 

 

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1    Attorney under Section 3-9005 of the Counties Code.
2        (12.5) Probation officers while in the performance of
3    their duties, or while commuting between their homes,
4    places of employment or specific locations that are part
5    of their assigned duties, with the consent of the chief
6    judge of the circuit for which they are employed, if they
7    have received weapons training according to requirements
8    of the Peace Officer and Probation Officer Firearm
9    Training Act.
10        (13) Court Security Officers while in the performance
11    of their official duties, or while commuting between their
12    homes and places of employment, with the consent of the
13    Sheriff.
14        (13.5) A person employed as an armed security guard at
15    a nuclear energy, storage, weapons or development site or
16    facility regulated by the Nuclear Regulatory Commission
17    who has completed the background screening and training
18    mandated by the rules and regulations of the Nuclear
19    Regulatory Commission.
20        (14) Manufacture, transportation, or sale of weapons
21    to persons authorized under subdivisions (1) through
22    (13.5) of this subsection to possess those weapons.
23    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
24to or affect any person carrying a concealed pistol, revolver,
25or handgun and the person has been issued a currently valid
26license under the Firearm Concealed Carry Act at the time of

 

 

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1the commission of the offense.
2    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
3to or affect a qualified current or retired law enforcement
4officer or a current or retired deputy, county correctional
5officer, or correctional officer of the Department of
6Corrections, or gaming special agent or retired gaming special
7agent employed or formerly employed by the Illinois Gaming
8Board qualified under the laws of this State or under the
9federal Law Enforcement Officers Safety Act.
10    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any of the following:
12        (1) Members of any club or organization organized for
13    the purpose of practicing shooting at targets upon
14    established target ranges, whether public or private, and
15    patrons of such ranges, while such members or patrons are
16    using their firearms on those target ranges.
17        (2) Duly authorized military or civil organizations
18    while parading, with the special permission of the
19    Governor.
20        (3) Hunters, trappers, or fishermen while engaged in
21    lawful hunting, trapping, or fishing under the provisions
22    of the Wildlife Code or the Fish and Aquatic Life Code.
23        (4) Transportation of weapons that are broken down in
24    a 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

 

 

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1    dwelling of another person as an invitee with that
2    person's permission.
3    (c) Subsection 24-1(a)(7) does not apply to or affect any
4of 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
24    lawful 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

 

 

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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
11    experimental activities necessary thereto, of rifles,
12    shotguns, and weapons made from rifles or shotguns, or
13    ammunition for such rifles, shotguns or weapons, where
14    engaged in by a person operating as a contractor or
15    subcontractor pursuant to a contract or subcontract for
16    the development and supply of such rifles, shotguns,
17    weapons or ammunition to the United States government or
18    any branch of the Armed Forces of the United States, when
19    such activities are necessary and incident to fulfilling
20    the terms of such contract.
21        The exemption granted under this subdivision (c)(6)
22    shall also apply to any authorized agent of any such
23    contractor or subcontractor who is operating within the
24    scope of his employment, where such activities involving
25    such weapon, weapons or ammunition are necessary and
26    incident to fulfilling the terms of such contract.

 

 

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1        (7) A person possessing a rifle with a barrel or
2    barrels less than 16 inches in length if: (A) the person
3    has been issued a Curios and Relics license from the U.S.
4    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
5    (B) the person is an active member of a bona fide,
6    nationally recognized military re-enacting group and the
7    modification is required and necessary to accurately
8    portray the weapon for historical re-enactment purposes;
9    the re-enactor is in possession of a valid and current
10    re-enacting group membership credential; and the overall
11    length of the weapon as modified is not less than 26
12    inches.
13    (d) Subsection 24-1(a)(1) does not apply to the purchase,
14possession or carrying of a black-jack or slung-shot by a
15peace officer.
16    (e) Subsection 24-1(a)(8) does not apply to any owner,
17manager or authorized employee of any place specified in that
18subsection nor to any law enforcement officer.
19    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
20Section 24-1.6 do not apply to members of any club or
21organization organized for the purpose of practicing shooting
22at targets upon established target ranges, whether public or
23private, while using their firearms on those target ranges.
24    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
25to:
26        (1) Members of the Armed Services or Reserve Forces of

 

 

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1    the United States or the Illinois National Guard, while in
2    the performance of their official duty.
3        (2) Bonafide collectors of antique or surplus military
4    ordnance.
5        (3) Laboratories having a department of forensic
6    ballistics, or specializing in the development of
7    ammunition or explosive ordnance.
8        (4) Commerce, preparation, assembly or possession of
9    explosive bullets by manufacturers of ammunition licensed
10    by the federal government, in connection with the supply
11    of those organizations and persons exempted by subdivision
12    (g)(1) of this Section, or like organizations and persons
13    outside this State, or the transportation of explosive
14    bullets to any organization or person exempted in this
15    Section by a common carrier or by a vehicle owned or leased
16    by an exempted manufacturer.
17    (g-5) Subsection 24-1(a)(6) does not apply to or affect
18persons licensed under federal law to manufacture any device
19or attachment of any kind designed, used, or intended for use
20in silencing the report of any firearm, firearms, or
21ammunition for those firearms equipped with those devices, and
22actually engaged in the business of manufacturing those
23devices, firearms, or ammunition, but only with respect to
24activities that are within the lawful scope of that business,
25such as the manufacture, transportation, or testing of those
26devices, firearms, or ammunition. This exemption does not

 

 

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1authorize the general private possession of any device or
2attachment of any kind designed, used, or intended for use in
3silencing the report of any firearm, but only such possession
4and activities as are within the lawful scope of a licensed
5manufacturing business described in this subsection (g-5).
6During transportation, these devices shall be detached from
7any weapon or not immediately accessible.
8    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any parole agent or parole
10supervisor who meets the qualifications and conditions
11prescribed in Section 3-14-1.5 of the Unified Code of
12Corrections.
13    (g-7) Subsection 24-1(a)(6) does not apply to a peace
14officer while serving as a member of a tactical response team
15or special operations team. A peace officer may not personally
16own or apply for ownership of a device or attachment of any
17kind designed, used, or intended for use in silencing the
18report of any firearm. These devices shall be owned and
19maintained by lawfully recognized units of government whose
20duties include the investigation of criminal acts.
21    (g-10) (Blank).
22    (h) An information or indictment based upon a violation of
23any subsection of this Article need not negative any
24exemptions contained in this Article. The defendant shall have
25the burden of proving such an exemption.
26    (i) Nothing in this Article shall prohibit, apply to, or

 

 

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1affect the transportation, carrying, or possession, of any
2pistol or revolver, stun gun, taser, or other firearm
3consigned to a common carrier operating under license of the
4State of Illinois or the federal government, where such
5transportation, carrying, or possession is incident to the
6lawful transportation in which such common carrier is engaged;
7and nothing in this Article shall prohibit, apply to, or
8affect the transportation, carrying, or possession of any
9pistol, revolver, stun gun, taser, or other firearm, not the
10subject of and regulated by subsection 24-1(a)(7) or
11subsection 24-2(c) of this Article, which is unloaded and
12enclosed in a case, firearm carrying box, shipping box, or
13other container, by the possessor of a valid Firearm Owners
14Identification Card.
15(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
16102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)