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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 24-2 as follows:
 



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    (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)



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    Sec. 24-2. Exemptions. 

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    (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and 
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Section
24-1.6 do not apply to
or affect any of the following:


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        (1) Peace officers, and any person summoned by a peace 
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    officer to
assist in making arrests or preserving the 
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    peace, while actually engaged in
assisting such officer.


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        (2) Wardens, superintendents and keepers of prisons,

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    penitentiaries, jails and other institutions for the 
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    detention of persons
accused or convicted of an offense, 
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    while in the performance of their
official duty, or while 
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    commuting between their homes and places of employment.


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        (3) Members of the Armed Services or Reserve Forces of 
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    the United States
or the Illinois National Guard or the 
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    Reserve Officers Training Corps,
while in the performance 
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    of their official duty.


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        (4) Special agents employed by a railroad or a public 
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    utility to
perform police functions, and guards of armored 
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    car companies, while
actually engaged in the performance of 
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    the duties of their employment or
commuting between their 
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    homes and places of employment; and watchmen
while actually 
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    engaged in the performance of the duties of their 
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    employment.


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        (5) Persons licensed as private security contractors, 
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    private
detectives, or private alarm contractors, or 
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    employed by an agency
certified by the Department of 
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    Professional Regulation, if their duties
include the 
 


 






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    carrying of a weapon under the provisions of the Private

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    Detective, Private Alarm,
Private Security, and Locksmith 
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    Act of 2004,
while actually
engaged in the performance of 
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    the duties of their employment or commuting
between their 
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    homes and places of employment, provided that such 
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    commuting
is accomplished within one hour from departure 
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    from home or place of
employment, as the case may be.  
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    Persons exempted under this subdivision
(a)(5) shall be 
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    required to have completed  a course of
study in firearms 
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    handling and training approved and supervised by the

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    Department of Professional Regulation as prescribed by 
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    Section 28 of the
Private Detective, Private Alarm,
Private 
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    Security, and Locksmith Act of 2004, prior
to becoming 
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    eligible for this exemption.  The Department of 
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    Professional
Regulation shall provide suitable 
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    documentation demonstrating the
successful completion of 
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    the prescribed firearms training.  Such
documentation shall 
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    be carried at all times when such persons are in
possession 
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    of a concealable weapon.


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        (6) Any person regularly employed in a commercial or 
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    industrial
operation as a security guard for the protection 
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    of persons employed
and private property related to such 
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    commercial or industrial
operation, while actually engaged 
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    in the performance of his or her
duty or traveling between 
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    sites or properties belonging to the
employer, and who, as 
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    a security guard, is a member of a security force of
at 
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    least 5 persons registered with the Department of 
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    Professional
Regulation; provided that such security guard 
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    has successfully completed a
course of study, approved by 
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    and supervised by the Department of
Professional 
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    Regulation, consisting of not less than 40 hours of 
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    training
that includes the theory of law enforcement, 
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    liability for acts, and the
handling of weapons.  A person 
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    shall be considered eligible for this
exemption if he or 
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    she has completed the required 20
hours of training for a 
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    security officer and 20 hours of required firearm
training, 
 


 






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    and has been issued a firearm authorization card by
the 
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    Department of Professional Regulation.  Conditions for the 
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    renewal of
firearm authorization cards issued under the 
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    provisions of this Section
shall be the same as for those 
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    cards issued under the provisions of the
Private Detective, 
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    Private Alarm,
Private Security, and Locksmith Act of 2004. 
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    Such
firearm authorization card shall be carried by the 
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    security guard at all
times when he or she is in possession 
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    of a concealable weapon.


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        (7) Agents and investigators of the Illinois 
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    Legislative Investigating
Commission authorized by the 
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    Commission to carry the weapons specified in
subsections 
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    24-1(a)(3) and 24-1(a)(4), while on duty in the course of

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    any investigation for the Commission.


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        (8) Persons employed by a financial institution for the 
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    protection of
other employees and property related to such 
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    financial institution, while
actually engaged in the 
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    performance of their duties, commuting between
their homes 
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    and places of employment, or traveling between sites or

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    properties owned or operated by such financial 
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    institution, provided that
any person so employed has 
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    successfully completed a course of study,
approved by and 
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    supervised by the Department of Professional Regulation,

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    consisting of not less than 40 hours of training which 
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    includes theory of
law enforcement, liability for acts, and 
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    the handling of weapons.
A person shall be considered to be 
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    eligible for this exemption if he or
she has completed the 
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    required 20 hours of training for a security officer
and 20 
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    hours of required firearm training, and has been issued a

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    firearm authorization card by the Department of 
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    Professional Regulation.
Conditions for renewal of firearm 
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    authorization cards issued under the
provisions of this 
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    Section shall be the same as for those issued under the

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    provisions of the Private Detective, Private Alarm,

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    Private Security, and Locksmith Act of 2004.
Such firearm 
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    authorization card shall be carried by the person so

 


 






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    trained at all times when such person is in possession of a 
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    concealable
weapon.  For purposes of this subsection, 
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    "financial institution" means a
bank, savings and loan 
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    association, credit union or company providing
armored car 
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    services.


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        (9) Any person employed by an armored car company to 
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    drive an armored
car, while actually engaged in the 
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    performance of his duties.


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        (10) Persons who have been classified as peace officers 
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    pursuant
to the Peace Officer Fire Investigation Act.


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        (11) Investigators of the Office of the State's 
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    Attorneys Appellate
Prosecutor authorized by the board of 
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    governors of the Office of the
State's Attorneys Appellate 
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    Prosecutor to carry weapons pursuant to
Section 7.06 of the 
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    State's Attorneys Appellate Prosecutor's Act.


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        (12) Special investigators appointed by a State's 
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    Attorney under
Section 3-9005 of the Counties Code.


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        (12.5) Probation officers while in the performance of 
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    their duties, or
while commuting between their homes, 
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    places of employment or specific locations
that are part of 
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    their assigned duties, with the consent of the chief judge 
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    of
the circuit for which they are employed.


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        (13) Court Security Officers while in the performance 
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    of their official
duties, or while commuting between their 
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    homes and places of employment, with
the
consent of the 
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    Sheriff.


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        (13.5) A person employed as an armed security guard at 
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    a nuclear energy,
storage, weapons or development site or 
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    facility regulated by the Nuclear
Regulatory Commission 
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    who has completed the background screening and training

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    mandated by the rules and regulations of the Nuclear 
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    Regulatory Commission.


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        (14) Manufacture, transportation, or sale of weapons 
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    to
persons
authorized under subdivisions (1) through 
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    (13.5) of this
subsection
to
possess those weapons.

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    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
 


 






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24-1.6 do not
apply to or affect
any of the following:


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        (1) Members of any club or organization organized for 
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    the purpose of
practicing shooting at targets upon 
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    established target ranges, whether
public or private, and 
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    patrons of such ranges, while such members
or patrons are 
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    using their firearms on those target ranges.


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        (2) Duly authorized military or civil organizations 
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    while parading,
with the special permission of the 
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    Governor.


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        (3) Hunters, trappers or fishermen with a license or

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    permit while engaged in hunting,
trapping or fishing.


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        (4) Transportation of weapons that are broken down in a

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    non-functioning state or are not immediately accessible.

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    (c) Subsection 24-1(a)(7) does not apply to or affect any 
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of the
following:


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        (1) Peace officers while in performance of their 
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    official duties.


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        (2) Wardens, superintendents and keepers of prisons, 
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    penitentiaries,
jails and other institutions for the 
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    detention of persons accused or
convicted of an offense.


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        (3) Members of the Armed Services or Reserve Forces of 
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    the United States
or the Illinois National Guard, while in 
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    the performance of their official
duty.


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        (4) Manufacture, transportation, or sale of machine 
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    guns to persons
authorized under subdivisions (1) through 
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    (3) of this subsection to
possess machine guns, if the 
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    machine guns are broken down in a
non-functioning state or 
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    are not immediately accessible.


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        (5) Persons licensed under federal law to manufacture 
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    any weapon from
which 8 or more shots or bullets can be 
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    discharged by a
single function of the firing device, or 
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    ammunition for such weapons, and
actually engaged in the 
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    business of manufacturing such weapons or
ammunition, but 
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    only with respect to activities which are within the lawful

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    scope of such business, such as the manufacture, 
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    transportation, or testing
of such weapons or ammunition.  
 


 






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    This exemption does not authorize the
general private 
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    possession of any weapon from which 8 or more
shots or 
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    bullets can be discharged by a single function of the 
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    firing
device, but only such possession and activities as 
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    are within the lawful
scope of a licensed manufacturing 
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    business described in this paragraph.


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        During transportation, such weapons shall be broken 
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    down in a
non-functioning state or not immediately 
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    accessible.


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        (6) The manufacture, transport, testing, delivery, 
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    transfer or sale,
and all lawful commercial or experimental 
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    activities necessary thereto, of
rifles, shotguns, and 
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    weapons made from rifles or shotguns,
or ammunition for 
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    such rifles, shotguns or weapons, where engaged in
by a 
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    person operating as a contractor or subcontractor pursuant 
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    to a
contract or subcontract for the development and supply 
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    of such rifles,
shotguns, weapons or ammunition to the 
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    United States government or any
branch of the Armed Forces 
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    of the United States, when such activities are
necessary 
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    and incident to fulfilling the terms of such contract.


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        The exemption granted under this subdivision (c)(6)

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    shall also apply to any authorized agent of any such 
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    contractor or
subcontractor who is operating within the 
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    scope of his employment, where
such activities involving 
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    such weapon, weapons or ammunition are necessary
and 
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    incident to fulfilling the terms of such contract.


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        During transportation, any such weapon shall be broken 
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    down in a
non-functioning state, or not immediately 
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    accessible.

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    (d) Subsection 24-1(a)(1) does not apply to the purchase, 
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possession
or carrying of a black-jack or slung-shot by a peace 
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officer.

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    (e) Subsection 24-1(a)(8) does not apply to any owner, 
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manager or
authorized employee of any place specified in that 
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subsection nor to any
law enforcement officer.

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    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
 


 






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Section 24-1.6
do not apply
to members of any club or 
2
organization organized for the purpose of practicing
shooting 
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at targets upon established target ranges, whether public or 
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private,
while using their firearms on those target ranges.

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    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
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to:


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        (1) Members of the Armed Services or Reserve Forces of 
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    the United
States or the Illinois National Guard, while in 
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    the performance of their
official duty.


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        (2) Bonafide collectors of antique or surplus military 
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    ordinance.


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        (3) Laboratories having a department of forensic 
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    ballistics, or
specializing in the development of 
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    ammunition or explosive ordinance.


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        (4) Commerce, preparation, assembly or possession of 
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    explosive
bullets by manufacturers of ammunition licensed 
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    by the federal government,
in connection with the supply of 
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    those organizations and persons exempted
by subdivision 
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    (g)(1) of this Section, or like organizations and persons

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    outside this State, or the transportation of explosive 
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    bullets to any
organization or person exempted in this 
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    Section by a common carrier or by a
vehicle owned or leased 
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    by an exempted manufacturer.

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    (g-5) Subsection 24-1(a)(6) does not apply to or affect 
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persons licensed
under federal law to manufacture any device or 
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attachment of any kind designed,
used, or intended for use in 
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silencing the report of any firearm, firearms, or
ammunition

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for those firearms equipped with those devices, and actually 
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engaged in the
business of manufacturing those devices, 
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firearms, or ammunition, but only with
respect to
activities 
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that are within the lawful scope of that business, such as the

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manufacture, transportation, or testing of those devices, 
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firearms, or
ammunition. This
exemption does not authorize the 
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general private possession of any device or
attachment of any 
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kind designed, used, or intended for use in silencing the

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report of any firearm, but only such possession and activities 
 


 






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as are within
the
lawful scope of a licensed manufacturing 
2
business described in this subsection
(g-5). During 
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transportation, those devices shall be detached from any weapon

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or
not immediately accessible.

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    (h) An information or indictment based upon a violation of 
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any
subsection of this Article need not negative any exemptions 
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contained in
this Article.  The defendant shall have the burden 
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of proving such an
exemption.

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    (i) (1) Nothing in this Article shall prohibit, apply to, 
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or affect
the transportation, carrying, or possession, of any 
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pistol or revolver,
stun gun, taser, or other firearm consigned 
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to a common carrier operating
under license of the State of 
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Illinois or the federal government, where
such transportation, 
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carrying, or possession is incident to the lawful

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transportation in which such common carrier is engaged; and 
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nothing in this
Article shall prohibit, apply to, or affect the 
17
transportation, carrying,
or possession of any pistol, 
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revolver, stun gun, taser, or other firearm,
not the subject of 
19
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
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this Article, which is unloaded and enclosed in a case, firearm

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carrying box, shipping box, or other container, by the 
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possessor of a valid
Firearm Owners Identification Card.
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    (2) The regulation of the transportation of firearms and 
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the transportation of ammunition, components, accessories, or 
25
accoutrements for firearms are exclusive powers and functions 
26
of the State. A unit of local government, including a home rule 
27
unit, may not regulate the transportation of firearms and may 
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not regulate the transportation of ammunition, components, 
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accessories, or accoutrements for firearms.
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    (3) The provisions of any ordinance or resolution adopted 
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before, on, or after the effective date of this amendatory Act 
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of the 94th General Assembly by any unit of local government 
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that imposes restrictions or limitations on the transportation 
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of firearms and ammunition, components, accessories, and 
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accoutrements of firearms in a manner other than those that are 
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imposed by this amendatory Act are invalid and all those 
 


 






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existing ordinances and resolutions are void.
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    (4) This subsection (i) is a limitation of home rule powers 
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under subsection (h) of Section 6 of Article VII of the 
4
Illinois Constitution.


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(Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, 
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eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)

 

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    Section 99. Effective date. This Act takes effect upon 
8
becoming law.