093_SB0686enr SB686 Enrolled LRB093 03577 RLC 10998 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 24-2 as follows: 6 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) 7 Sec. 24-2. Exemptions. 8 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) 9 and Section 24-1.6 do not apply to or affect any of the 10 following: 11 (1) Peace officers, and any person summoned by a 12 peace officer to assist in making arrests or preserving 13 the peace, while actually engaged in assisting such 14 officer. 15 (2) Wardens, superintendents and keepers of 16 prisons, penitentiaries, jails and other institutions for 17 the detention of persons accused or convicted of an 18 offense, while in the performance of their official duty, 19 or while commuting between their homes and places of 20 employment. 21 (3) Members of the Armed Services or Reserve Forces 22 of the United States or the Illinois National Guard or 23 the Reserve Officers Training Corps, while in the 24 performance of their official duty. 25 (4) Special agents employed by a railroad or a 26 public utility to perform police functions, and guards of 27 armored car companies, while actually engaged in the 28 performance of the duties of their employment or 29 commuting between their homes and places of employment; 30 and watchmen while actually engaged in the performance of 31 the duties of their employment. SB686 Enrolled -2- LRB093 03577 RLC 10998 b 1 (5) Persons licensed as private security 2 contractors, private detectives, or private alarm 3 contractors, or employed by an agency certified by the 4 Department of Professional Regulation, if their duties 5 include the carrying of a weapon under the provisions of 6 the Private Detective, Private Alarm, and Private 7 Security Act of 1983, while actually engaged in the 8 performance of the duties of their employment or 9 commuting between their homes and places of employment, 10 provided that such commuting is accomplished within one 11 hour from departure from home or place of employment, as 12 the case may be. Persons exempted under this subdivision 13 (a)(5) shall be required to have completed a course of 14 study in firearms handling and training approved and 15 supervised by the Department of Professional Regulation 16 as prescribed by Section 28 of the Private Detective, 17 Private Alarm, and Private Security Act of 1983, prior to 18 becoming eligible for this exemption. The Department of 19 Professional Regulation shall provide suitable 20 documentation demonstrating the successful completion of 21 the prescribed firearms training. Such documentation 22 shall be carried at all times when such persons are in 23 possession of a concealable weapon. 24 (6) Any person regularly employed in a commercial 25 or industrial operation as a security guard for the 26 protection of persons employed and private property 27 related to such commercial or industrial operation, while 28 actually engaged in the performance of his or her duty or 29 traveling between sites or properties belonging to the 30 employer, and who, as a security guard, is a member of a 31 security force of at least 5 persons registered with the 32 Department of Professional Regulation; provided that such 33 security guard has successfully completed a course of 34 study, approved by and supervised by the Department of SB686 Enrolled -3- LRB093 03577 RLC 10998 b 1 Professional Regulation, consisting of not less than 40 2 hours of training that includes the theory of law 3 enforcement, liability for acts, and the handling of 4 weapons. A person shall be considered eligible for this 5 exemption if he or she has completed the required 20 6 hours of training for a security officer and 20 hours of 7 required firearm training, and has been issued a firearm 8 authorization card by the Department of Professional 9 Regulation. Conditions for the renewal of firearm 10 authorization cards issued under the provisions of this 11 Section shall be the same as for those cards issued under 12 the provisions of the Private Detective, Private Alarm 13 and Private Security Act of 1983. Such firearm 14 authorization card shall be carried by the security guard 15 at all times when he or she is in possession of a 16 concealable weapon. 17 (7) Agents and investigators of the Illinois 18 Legislative Investigating Commission authorized by the 19 Commission to carry the weapons specified in subsections 20 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 21 any investigation for the Commission. 22 (8) Persons employed by a financial institution for 23 the protection of other employees and property related to 24 such financial institution, while actually engaged in the 25 performance of their duties, commuting between their 26 homes and places of employment, or traveling between 27 sites or properties owned or operated by such financial 28 institution, provided that any person so employed has 29 successfully completed a course of study, approved by and 30 supervised by the Department of Professional Regulation, 31 consisting of not less than 40 hours of training which 32 includes theory of law enforcement, liability for acts, 33 and the handling of weapons. A person shall be considered 34 to be eligible for this exemption if he or she has SB686 Enrolled -4- LRB093 03577 RLC 10998 b 1 completed the required 20 hours of training for a 2 security officer and 20 hours of required firearm 3 training, and has been issued a firearm authorization 4 card by the Department of Professional Regulation. 5 Conditions for renewal of firearm authorization cards 6 issued under the provisions of this Section shall be the 7 same as for those issued under the provisions of the 8 Private Detective, Private Alarm and Private Security Act 9 of 1983. Such firearm authorization card shall be 10 carried by the person so trained at all times when such 11 person is in possession of a concealable weapon. For 12 purposes of this subsection, "financial institution" 13 means a bank, savings and loan association, credit union 14 or company providing armored car services. 15 (9) Any person employed by an armored car company 16 to 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 24 Appellate Prosecutor to carry weapons pursuant to Section 25 7.06 of the State's Attorneys Appellate Prosecutor's Act. 26 (12) Special investigators appointed by a State's 27 Attorney under Section 3-9005 of the Counties Code. 28 (13) Court Security Officers while in the 29 performance of their official duties, or while commuting 30 between their homes and places of employment, with the 31 consent of the Sheriff. 32 (13.5) A person employed as an armed security guard 33 at a nuclear energy, storage, weapons or development site 34 or facility regulated by the Nuclear Regulatory SB686 Enrolled -5- LRB093 03577 RLC 10998 b 1 Commission who has completed the background screening and 2 training mandated by the rules and regulations of the 3 Nuclear Regulatory Commission. 4 (14) Manufacture, transportation, or sale of 5 weapons to persons authorized under subdivisions (1) 6 through (13.5) of this subsection to possess those 7 weapons. 8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 9 24-1.6 do not apply to or affect any of the following: 10 (1) Members of any club or organization organized 11 for the purpose of practicing shooting at targets upon 12 established target ranges, whether public or private, and 13 patrons of such ranges, while such members or patrons are 14 using their firearms on those target ranges. 15 (2) Duly authorized military or civil organizations 16 while parading, with the special permission of the 17 Governor. 18 (3) Hunters, trappers or fishermen with a license 19 or permit while engaged in hunting, trapping or fishing. 20 (4) Transportation of weapons that are broken down 21 in a non-functioning state or are not immediately 22 accessible. 23 (c) Subsection 24-1(a)(7) does not apply to or affect 24 any of the following: 25 (1) Peace officers while in performance of their 26 official duties. 27 (2) Wardens, superintendents and keepers of 28 prisons, penitentiaries, jails and other institutions for 29 the detention of persons accused or convicted of an 30 offense. 31 (3) Members of the Armed Services or Reserve Forces 32 of the United States or the Illinois National Guard, 33 while in the performance of their official duty. 34 (4) Manufacture, transportation, or sale of machine SB686 Enrolled -6- LRB093 03577 RLC 10998 b 1 guns to persons authorized under subdivisions (1) through 2 (3) of this subsection to possess machine guns, if the 3 machine guns are broken down in a non-functioning state 4 or are not immediately accessible. 5 (5) Persons licensed under federal law to 6 manufacture any weapon from which 8 or more shots or 7 bullets can be discharged by a single function of the 8 firing device, or ammunition for such weapons, and 9 actually engaged in the business of manufacturing such 10 weapons or ammunition, but only with respect to 11 activities which are within the lawful scope of such 12 business, such as the manufacture, transportation, or 13 testing of such weapons or ammunition. This exemption 14 does not authorize the general private possession of any 15 weapon from which 8 or more shots or bullets can be 16 discharged by a single function of the firing device, but 17 only such possession and activities as are within the 18 lawful scope of a licensed manufacturing business 19 described in this paragraph. 20 During transportation, such weapons shall be broken 21 down in a non-functioning state or not immediately 22 accessible. 23 (6) The manufacture, transport, testing, delivery, 24 transfer or sale, and all lawful commercial or 25 experimental activities necessary thereto, of rifles, 26 shotguns, and weapons made from rifles or shotguns, or 27 ammunition for such rifles, shotguns or weapons, where 28 engaged in by a person operating as a contractor or 29 subcontractor pursuant to a contract or subcontract for 30 the development and supply of such rifles, shotguns, 31 weapons or ammunition to the United States government or 32 any branch of the Armed Forces of the United States, when 33 such activities are necessary and incident to fulfilling 34 the terms of such contract. SB686 Enrolled -7- LRB093 03577 RLC 10998 b 1 The exemption granted under this subdivision (c)(6) 2 shall also apply to any authorized agent of any such 3 contractor or subcontractor who is operating within the 4 scope of his employment, where such activities involving 5 such weapon, weapons or ammunition are necessary and 6 incident to fulfilling the terms of such contract. 7 During transportation, any such weapon shall be 8 broken down in a non-functioning state, or not 9 immediately accessible. 10 (d) Subsection 24-1(a)(1) does not apply to the 11 purchase, possession or carrying of a black-jack or 12 slung-shot by a peace officer. 13 (e) Subsection 24-1(a)(8) does not apply to any owner, 14 manager or authorized employee of any place specified in that 15 subsection nor to any law enforcement officer. 16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 17 Section 24-1.6 do not apply to members of any club or 18 organization organized for the purpose of practicing shooting 19 at targets upon established target ranges, whether public or 20 private, while using their firearms on those target ranges. 21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not 22 apply to: 23 (1) Members of the Armed Services or Reserve Forces 24 of the United States or the Illinois National Guard, 25 while in the performance of their official duty. 26 (2) Bonafide collectors of antique or surplus 27 military ordinance. 28 (3) Laboratories having a department of forensic 29 ballistics, or specializing in the development of 30 ammunition or explosive ordinance. 31 (4) Commerce, preparation, assembly or possession 32 of explosive bullets by manufacturers of ammunition 33 licensed by the federal government, in connection with 34 the supply of those organizations and persons exempted by SB686 Enrolled -8- LRB093 03577 RLC 10998 b 1 subdivision (g)(1) of this Section, or like organizations 2 and persons outside this State, or the transportation of 3 explosive bullets to any organization or person exempted 4 in this Section by a common carrier or by a vehicle owned 5 or leased by an exempted manufacturer. 6 (g-5) Subsection 24-1(a)(6) does not apply to or affect 7 persons licensed under federal law to manufacture any device 8 or attachment of any kind designed, used, or intended for use 9 in silencing the report of any firearm, firearms, or 10 ammunition for those firearms equipped with those devices, 11 and actually engaged in the business of manufacturing those 12 devices, firearms, or ammunition, but only with respect to 13 activities that are within the lawful scope of that business, 14 such as the manufacture, transportation, or testing of those 15 devices, firearms, or ammunition. This exemption does not 16 authorize the general private possession of any device or 17 attachment of any kind designed, used, or intended for use in 18 silencing the report of any firearm, but only such possession 19 and activities as are within the lawful scope of a licensed 20 manufacturing business described in this subsection (g-5). 21 During transportation, those devices shall be detached from 22 any weapon or not immediately accessible. 23 (h) An information or indictment based upon a violation 24 of any subsection of this Article need not negative any 25 exemptions contained in this Article. The defendant shall 26 have the burden of proving such an exemption. 27 (i) Nothing in this Article shall prohibit, apply to, or 28 affect the transportation, carrying, or possession, of any 29 pistol or revolver, stun gun, taser, or other firearm 30 consigned to a common carrier operating under license of the 31 State of Illinois or the federal government, where such 32 transportation, carrying, or possession is incident to the 33 lawful transportation in which such common carrier is 34 engaged; and nothing in this Article shall prohibit, apply SB686 Enrolled -9- LRB093 03577 RLC 10998 b 1 to, or affect the transportation, carrying, or possession of 2 any pistol, revolver, stun gun, taser, or other firearm, not 3 the subject of and regulated by subsection 24-1(a)(7) or 4 subsection 24-2(c) of this Article, which is unloaded and 5 enclosed in a case, firearm carrying box, shipping box, or 6 other container, by the possessor of a valid Firearm Owners 7 Identification Card. 8 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00; 9 92-325, eff. 8-9-01.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.