093_SB1458ham001
LRB093 03568 RLC 14740 a
1 AMENDMENT TO SENATE BILL 1458
2 AMENDMENT NO. . Amend Senate Bill 1458 as follows:
3 on page 3, by inserting between lines 25 and 26 the
4 following:
5 "Section 6. The Criminal Code of 1961 is amended by
6 changing Section 24-2 as follows:
7 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
8 Sec. 24-2. Exemptions.
9 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
10 and Section 24-1.6 do not apply to or affect any of the
11 following:
12 (1) Peace officers, and any person summoned by a
13 peace officer to assist in making arrests or preserving
14 the peace, while actually engaged in assisting such
15 officer.
16 (2) Wardens, superintendents and keepers of
17 prisons, penitentiaries, jails and other institutions for
18 the detention of persons accused or convicted of an
19 offense, while in the performance of their official duty,
20 or while commuting between their homes and places of
21 employment.
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1 (3) Members of the Armed Services or Reserve Forces
2 of the United States or the Illinois National Guard or
3 the Reserve Officers Training Corps, while in the
4 performance of their official duty.
5 (4) Special agents employed by a railroad or a
6 public utility to perform police functions, and guards of
7 armored car companies, while actually engaged in the
8 performance of the duties of their employment or
9 commuting between their homes and places of employment;
10 and watchmen while actually engaged in the performance of
11 the duties of their employment.
12 (5) Persons licensed as private security
13 contractors, private detectives, or private alarm
14 contractors, or employed by an agency certified by the
15 Department of Professional Regulation, if their duties
16 include the carrying of a weapon under the provisions of
17 the Private Detective, Private Alarm, and Private
18 Security Act of 1983, while actually engaged in the
19 performance of the duties of their employment or
20 commuting between their homes and places of employment,
21 provided that such commuting is accomplished within one
22 hour from departure from home or place of employment, as
23 the case may be. Persons exempted under this subdivision
24 (a)(5) shall be required to have completed a course of
25 study in firearms handling and training approved and
26 supervised by the Department of Professional Regulation
27 as prescribed by Section 28 of the Private Detective,
28 Private Alarm, and Private Security Act of 1983, prior to
29 becoming eligible for this exemption. The Department of
30 Professional Regulation shall provide suitable
31 documentation demonstrating the successful completion of
32 the prescribed firearms training. Such documentation
33 shall be carried at all times when such persons are in
34 possession of a concealable weapon.
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1 (6) Any person regularly employed in a commercial
2 or industrial operation as a security guard for the
3 protection of persons employed and private property
4 related to such commercial or industrial operation, while
5 actually engaged in the performance of his or her duty or
6 traveling between sites or properties belonging to the
7 employer, and who, as a security guard, is a member of a
8 security force of at least 5 persons registered with the
9 Department of Professional Regulation; provided that such
10 security guard has successfully completed a course of
11 study, approved by and supervised by the Department of
12 Professional Regulation, consisting of not less than 40
13 hours of training that includes the theory of law
14 enforcement, liability for acts, and the handling of
15 weapons. A person shall be considered eligible for this
16 exemption if he or she has completed the required 20
17 hours of training for a security officer and 20 hours of
18 required firearm training, and has been issued a firearm
19 authorization card by the Department of Professional
20 Regulation. Conditions for the renewal of firearm
21 authorization cards issued under the provisions of this
22 Section shall be the same as for those cards issued under
23 the provisions of the Private Detective, Private Alarm
24 and Private Security Act of 1983. Such firearm
25 authorization card shall be carried by the security guard
26 at all times when he or she is in possession of a
27 concealable weapon.
28 (7) Agents and investigators of the Illinois
29 Legislative Investigating Commission authorized by the
30 Commission to carry the weapons specified in subsections
31 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
32 any investigation for the Commission.
33 (8) Persons employed by a financial institution for
34 the protection of other employees and property related to
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1 such financial institution, while actually engaged in the
2 performance of their duties, commuting between their
3 homes and places of employment, or traveling between
4 sites or properties owned or operated by such financial
5 institution, provided that any person so employed has
6 successfully completed a course of study, approved by and
7 supervised by the Department of Professional Regulation,
8 consisting of not less than 40 hours of training which
9 includes theory of law enforcement, liability for acts,
10 and the handling of weapons. A person shall be considered
11 to be eligible for this exemption if he or she has
12 completed the required 20 hours of training for a
13 security officer and 20 hours of required firearm
14 training, and has been issued a firearm authorization
15 card by the Department of Professional Regulation.
16 Conditions for renewal of firearm authorization cards
17 issued under the provisions of this Section shall be the
18 same as for those issued under the provisions of the
19 Private Detective, Private Alarm and Private Security Act
20 of 1983. Such firearm authorization card shall be
21 carried by the person so trained at all times when such
22 person is in possession of a concealable weapon. For
23 purposes of this subsection, "financial institution"
24 means a bank, savings and loan association, credit union
25 or company providing armored car services.
26 (9) Any person employed by an armored car company
27 to drive an armored car, while actually engaged in the
28 performance of his duties.
29 (10) Persons who have been classified as peace
30 officers pursuant to the Peace Officer Fire Investigation
31 Act.
32 (11) Investigators of the Office of the State's
33 Attorneys Appellate Prosecutor authorized by the board of
34 governors of the Office of the State's Attorneys
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1 Appellate Prosecutor to carry weapons pursuant to Section
2 7.06 of the State's Attorneys Appellate Prosecutor's Act.
3 (12) Special investigators appointed by a State's
4 Attorney under Section 3-9005 of the Counties Code.
5 (12.5) Probation officers while in the performance
6 of their duties, or while commuting between their homes,
7 places of employment or specific locations that are part
8 of their assigned duties, with the consent of the chief
9 judge of the circuit for which they are employed.
10 (13) Court Security Officers while in the
11 performance of their official duties, or while commuting
12 between their homes and places of employment, with the
13 consent of the Sheriff.
14 (13.5) A person employed as an armed security guard
15 at a nuclear energy, storage, weapons or development site
16 or facility regulated by the Nuclear Regulatory
17 Commission who has completed the background screening and
18 training mandated by the rules and regulations of the
19 Nuclear Regulatory Commission.
20 (14) Manufacture, transportation, or sale of
21 weapons to persons authorized under subdivisions (1)
22 through (13.5) of this subsection to possess those
23 weapons.
24 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
25 24-1.6 do not apply to or affect any of the following:
26 (1) Members of any club or organization organized
27 for the purpose of practicing shooting at targets upon
28 established target ranges, whether public or private, and
29 patrons of such ranges, while such members or patrons are
30 using their firearms on those target ranges.
31 (2) Duly authorized military or civil organizations
32 while parading, with the special permission of the
33 Governor.
34 (3) Hunters, trappers or fishermen with a license
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1 or permit while engaged in hunting, trapping or fishing.
2 (4) Transportation of weapons that are broken down
3 in a non-functioning state or are not immediately
4 accessible.
5 (c) Subsection 24-1(a)(7) does not apply to or affect
6 any of the following:
7 (1) Peace officers while in performance of their
8 official duties.
9 (2) Wardens, superintendents and keepers of
10 prisons, penitentiaries, jails and other institutions for
11 the detention of persons accused or convicted of an
12 offense.
13 (3) Members of the Armed Services or Reserve Forces
14 of the United States or the Illinois National Guard,
15 while in the performance of their official duty.
16 (4) Manufacture, transportation, or sale of machine
17 guns to persons authorized under subdivisions (1) through
18 (3) of this subsection to possess machine guns, if the
19 machine guns are broken down in a non-functioning state
20 or are not immediately accessible.
21 (5) Persons licensed under federal law to
22 manufacture any weapon from which 8 or more shots or
23 bullets can be discharged by a single function of the
24 firing device, or ammunition for such weapons, and
25 actually engaged in the business of manufacturing such
26 weapons or ammunition, but only with respect to
27 activities which are within the lawful scope of such
28 business, such as the manufacture, transportation, or
29 testing of such weapons or ammunition. This exemption
30 does not authorize the general private possession of any
31 weapon from which 8 or more shots or bullets can be
32 discharged by a single function of the firing device, but
33 only such possession and activities as are within the
34 lawful scope of a licensed manufacturing business
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1 described in this paragraph.
2 During transportation, such weapons shall be broken
3 down in a non-functioning state or not immediately
4 accessible.
5 (6) The manufacture, transport, testing, delivery,
6 transfer or sale, and all lawful commercial or
7 experimental activities necessary thereto, of rifles,
8 shotguns, and weapons made from rifles or shotguns, or
9 ammunition for such rifles, shotguns or weapons, where
10 engaged in by a person operating as a contractor or
11 subcontractor pursuant to a contract or subcontract for
12 the development and supply of such rifles, shotguns,
13 weapons or ammunition to the United States government or
14 any branch of the Armed Forces of the United States, when
15 such activities are necessary and incident to fulfilling
16 the terms of such contract.
17 The exemption granted under this subdivision (c)(6)
18 shall also apply to any authorized agent of any such
19 contractor or subcontractor who is operating within the
20 scope of his employment, where such activities involving
21 such weapon, weapons or ammunition are necessary and
22 incident to fulfilling the terms of such contract.
23 During transportation, any such weapon shall be
24 broken down in a non-functioning state, or not
25 immediately accessible.
26 (d) Subsection 24-1(a)(1) does not apply to the
27 purchase, possession or carrying of a black-jack or
28 slung-shot by a peace officer.
29 (e) Subsection 24-1(a)(8) does not apply to any owner,
30 manager or authorized employee of any place specified in that
31 subsection nor to any law enforcement officer.
32 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
33 Section 24-1.6 do not apply to members of any club or
34 organization organized for the purpose of practicing shooting
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1 at targets upon established target ranges, whether public or
2 private, while using their firearms on those target ranges.
3 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
4 apply to:
5 (1) Members of the Armed Services or Reserve Forces
6 of the United States or the Illinois National Guard,
7 while in the performance of their official duty.
8 (2) Bonafide collectors of antique or surplus
9 military ordinance.
10 (3) Laboratories having a department of forensic
11 ballistics, or specializing in the development of
12 ammunition or explosive ordinance.
13 (4) Commerce, preparation, assembly or possession
14 of explosive bullets by manufacturers of ammunition
15 licensed by the federal government, in connection with
16 the supply of those organizations and persons exempted by
17 subdivision (g)(1) of this Section, or like organizations
18 and persons outside this State, or the transportation of
19 explosive bullets to any organization or person exempted
20 in this Section by a common carrier or by a vehicle owned
21 or leased by an exempted manufacturer.
22 (h) An information or indictment based upon a violation
23 of any subsection of this Article need not negative any
24 exemptions contained in this Article. The defendant shall
25 have the burden of proving such an exemption.
26 (i) Nothing in this Article shall prohibit, apply to, or
27 affect the transportation, carrying, or possession, of any
28 pistol or revolver, stun gun, taser, or other firearm
29 consigned to a common carrier operating under license of the
30 State of Illinois or the federal government, where such
31 transportation, carrying, or possession is incident to the
32 lawful transportation in which such common carrier is
33 engaged; and nothing in this Article shall prohibit, apply
34 to, or affect the transportation, carrying, or possession of
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1 any pistol, revolver, stun gun, taser, or other firearm, not
2 the subject of and regulated by subsection 24-1(a)(7) or
3 subsection 24-2(c) of this Article, which is unloaded and
4 enclosed in a case, firearm carrying box, shipping box, or
5 other container, by the possessor of a valid Firearm Owners
6 Identification Card.
7 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00;
8 92-325, eff. 8-9-01.)".