Rep. Robert W. Pritchard
Filed: 4/2/2008
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1 | AMENDMENT TO HOUSE BILL 4206
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2 | AMENDMENT NO. ______. Amend House Bill 4206, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
6 | changing Sections 24-1 and 24-2 as follows:
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7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful Use of Weapons.
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9 | (a) A person commits the offense of unlawful use of weapons | ||||||
10 | when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | ||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
13 | sand-bag, metal knuckles, throwing star,
or any knife, | ||||||
14 | commonly referred to as a switchblade knife, which has a
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15 | blade that opens automatically by hand pressure applied to | ||||||
16 | a button,
spring or other device in the handle of the |
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1 | knife, or a ballistic knife,
which is a device that propels | ||||||
2 | a knifelike blade as a projectile by means
of a coil | ||||||
3 | spring, elastic material or compressed gas; or
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4 | (2) Carries or possesses with intent to use the same | ||||||
5 | unlawfully
against another, a dagger, dirk, billy, | ||||||
6 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
7 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
8 | deadly weapon or instrument of like character; or
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9 | (3) Carries on or about his person or in any vehicle, a | ||||||
10 | tear gas gun
projector or bomb or any object containing | ||||||
11 | noxious liquid gas or
substance, other than an object | ||||||
12 | containing a non-lethal noxious liquid gas
or substance | ||||||
13 | designed solely for personal defense carried by a person 18
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14 | years of age or older; or
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15 | (4) Carries or possesses in any vehicle or concealed on | ||||||
16 | or about his
person except when on his land or in his own | ||||||
17 | abode or fixed place of
business any pistol, revolver, stun | ||||||
18 | gun or taser or other firearm, except
that
this subsection | ||||||
19 | (a) (4) does not apply to or affect transportation of | ||||||
20 | weapons
that meet one of the following conditions:
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21 | (i) are broken down in a non-functioning state; or
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22 | (ii) are not immediately accessible; or
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23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or
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1 | (5) Sets a spring gun; or
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2 | (6) Possesses any device or attachment of any kind | ||||||
3 | designed, used or
intended for use in silencing the report | ||||||
4 | of any firearm; or
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5 | (7) Sells, manufactures, purchases, possesses or | ||||||
6 | carries:
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7 | (i) a machine gun, which shall be defined for the | ||||||
8 | purposes of this
subsection as any weapon,
which | ||||||
9 | shoots, is designed to shoot, or can be readily | ||||||
10 | restored to shoot,
automatically more than one shot | ||||||
11 | without manually reloading by a single
function of the | ||||||
12 | trigger, including the frame or receiver
of any such | ||||||
13 | weapon, or sells, manufactures, purchases, possesses, | ||||||
14 | or
carries any combination of parts designed or | ||||||
15 | intended for
use in converting any weapon into a | ||||||
16 | machine gun, or any combination or
parts from which a | ||||||
17 | machine gun can be assembled if such parts are in the
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18 | possession or under the control of a person;
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19 | (ii) any rifle having one or
more barrels less than | ||||||
20 | 16 inches in length or a shotgun having one or more
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21 | barrels less than 18 inches in length or any weapon | ||||||
22 | made from a rifle or
shotgun, whether by alteration, | ||||||
23 | modification, or otherwise, if such a weapon
as | ||||||
24 | modified has an overall length of less than 26 inches; | ||||||
25 | or
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26 | (iii) any
bomb, bomb-shell, grenade, bottle or |
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1 | other container containing an
explosive substance of | ||||||
2 | over one-quarter ounce for like purposes, such
as, but | ||||||
3 | not limited to, black powder bombs and Molotov | ||||||
4 | cocktails or
artillery projectiles; or
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5 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
6 | or other
deadly weapon in any place which is licensed to | ||||||
7 | sell intoxicating
beverages, or at any public gathering | ||||||
8 | held pursuant to a license issued
by any governmental body | ||||||
9 | or any public gathering at which an admission
is charged, | ||||||
10 | excluding a place where a showing, demonstration or lecture
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11 | involving the exhibition of unloaded firearms is | ||||||
12 | conducted.
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13 | This subsection (a)(8) does not apply to any auction or | ||||||
14 | raffle of a firearm
held pursuant to
a license or permit | ||||||
15 | issued by a governmental body, nor does it apply to persons
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16 | engaged
in firearm safety training courses; or
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17 | (9) Carries or possesses in a vehicle or on or about | ||||||
18 | his person any
pistol, revolver, stun gun or taser or | ||||||
19 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
20 | masked in such manner as to conceal his identity; or
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21 | (10) Carries or possesses on or about his person, upon | ||||||
22 | any public street,
alley, or other public lands within the | ||||||
23 | corporate limits of a city, village
or incorporated town, | ||||||
24 | except when an invitee thereon or therein, for the
purpose | ||||||
25 | of the display of such weapon or the lawful commerce in | ||||||
26 | weapons, or
except when on his land or in his own abode or |
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1 | fixed place of business, any
pistol, revolver, stun gun or | ||||||
2 | taser or other firearm, except that this
subsection (a) | ||||||
3 | (10) does not apply to or affect transportation of weapons | ||||||
4 | that
meet one of the following conditions:
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5 | (i) are broken down in a non-functioning state; or
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6 | (ii) are not immediately accessible; or
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7 | (iii) are unloaded and enclosed in a case, firearm | ||||||
8 | carrying box,
shipping box, or other container by a | ||||||
9 | person who has been issued a currently
valid Firearm | ||||||
10 | Owner's
Identification Card.
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11 | A "stun gun or taser", as used in this paragraph (a) | ||||||
12 | means (i) any device
which is powered by electrical | ||||||
13 | charging units, such as, batteries, and
which fires one or | ||||||
14 | several barbs attached to a length of wire and
which, upon | ||||||
15 | hitting a human, can send out a current capable of | ||||||
16 | disrupting
the person's nervous system in such a manner as | ||||||
17 | to render him incapable of
normal functioning or (ii) any | ||||||
18 | device which is powered by electrical
charging units, such | ||||||
19 | as batteries, and which, upon contact with a human or
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20 | clothing worn by a human, can send out current capable of | ||||||
21 | disrupting
the person's nervous system in such a manner as | ||||||
22 | to render him incapable
of normal functioning; or
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23 | (11) Sells, manufactures or purchases any explosive | ||||||
24 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
25 | bullet" means the projectile portion of
an ammunition | ||||||
26 | cartridge which contains or carries an explosive charge |
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1 | which
will explode upon contact with the flesh of a human | ||||||
2 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
3 | a projectile affixed at the
front thereof and a cap or | ||||||
4 | primer at the rear end thereof, with the
propellant | ||||||
5 | contained in such tube between the projectile and the cap; | ||||||
6 | or
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7 | (12) (Blank) ; or . | ||||||
8 | (13) Carries or possesses on or about his or her person | ||||||
9 | while in a building owned or operated by a unit of | ||||||
10 | government any knife, sword, billy club, club, razor, or | ||||||
11 | other weapon or other instrument intended for use as a | ||||||
12 | weapon. For the purposes of this Section, "billy or billy | ||||||
13 | club" means a short stick or club commonly carried by | ||||||
14 | police officers which is either telescopic or constructed | ||||||
15 | of a solid piece of wood or other man-made material.
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16 | (b) Sentence. A person convicted of a violation of | ||||||
17 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | ||||||
18 | subsection 24-1(a)(11) , or subsection 24-1(a)(13) commits a | ||||||
19 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
20 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
21 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
22 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
23 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
24 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
25 | of not less than 3 years and not more than 7 years, unless the | ||||||
26 | weapon is possessed in the
passenger compartment of a motor |
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1 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
2 | Code, or on the person, while the weapon is loaded, in which
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3 | case it shall be a Class X felony. A person convicted of a
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4 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
5 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
6 | felony. The possession of each weapon in violation of this | ||||||
7 | Section constitutes a single and separate violation.
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8 | (c) Violations in specific places.
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9 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
10 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
11 | the time of year, in residential
property owned, operated | ||||||
12 | or managed by a public housing agency or
leased by
a public | ||||||
13 | housing agency as part of a scattered site or mixed-income
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14 | development, in a
public park, in a courthouse, on the real | ||||||
15 | property comprising any school,
regardless of the
time of | ||||||
16 | day or the time of year, on residential property owned, | ||||||
17 | operated
or
managed by a public housing agency
or leased by | ||||||
18 | a public housing agency as part of a scattered site or
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19 | mixed-income development,
on the real property comprising | ||||||
20 | any
public park, on the real property comprising any | ||||||
21 | courthouse, in any conveyance
owned, leased or contracted | ||||||
22 | by a school to
transport students to or from school or a | ||||||
23 | school related activity, or on any
public way within 1,000 | ||||||
24 | feet of the real property comprising any school,
public | ||||||
25 | park, courthouse, or residential property owned, operated, | ||||||
26 | or managed
by a public housing agency
or leased by a public |
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1 | housing agency as part of a scattered site or
mixed-income | ||||||
2 | development
commits a Class 2 felony and shall be sentenced | ||||||
3 | to a term of imprisonment of not less than 3 years and not | ||||||
4 | more than 7 years.
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5 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
7 | time of day or the time of year,
in residential property | ||||||
8 | owned, operated, or managed by a public
housing
agency
or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or
mixed-income development,
in
a public
park, in a | ||||||
11 | courthouse, on the real property comprising any school, | ||||||
12 | regardless
of the time of day or the time of year, on | ||||||
13 | residential property owned,
operated, or managed by a | ||||||
14 | public housing agency
or leased by a public housing agency | ||||||
15 | as part of a scattered site or
mixed-income development,
on | ||||||
16 | the real property
comprising any public park, on the real | ||||||
17 | property comprising any courthouse, in
any conveyance | ||||||
18 | owned, leased, or contracted by a school to transport | ||||||
19 | students
to or from school or a school related activity, or | ||||||
20 | on any public way within
1,000 feet of the real property | ||||||
21 | comprising any school, public park, courthouse,
or | ||||||
22 | residential property owned, operated, or managed by a | ||||||
23 | public
housing agency
or leased by a public housing agency | ||||||
24 | as part of a scattered site or
mixed-income development
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25 | commits a Class 3 felony.
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26 | (2) A person who violates subsection 24-1(a)(1), |
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1 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
2 | time of day or the time of year, in
residential property | ||||||
3 | owned, operated or managed by a public housing
agency
or | ||||||
4 | leased by a public housing agency as part of a scattered | ||||||
5 | site or
mixed-income development,
in
a public park, in a | ||||||
6 | courthouse, on the real property comprising any school,
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7 | regardless of the time of day or the time of year, on | ||||||
8 | residential property
owned, operated or managed by a public | ||||||
9 | housing agency
or leased by a public housing agency as part | ||||||
10 | of a scattered site or
mixed-income development,
on the | ||||||
11 | real property
comprising any public park, on the real | ||||||
12 | property comprising any courthouse, in
any conveyance | ||||||
13 | owned, leased or contracted by a school to transport | ||||||
14 | students
to or from school or a school related activity, or | ||||||
15 | on any public way within
1,000 feet of the real property | ||||||
16 | comprising any school, public park, courthouse,
or | ||||||
17 | residential property owned, operated, or managed by a | ||||||
18 | public
housing agency or leased by a public housing agency | ||||||
19 | as part of a scattered
site or mixed-income development | ||||||
20 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
21 | that is used by the Circuit, Appellate, or Supreme Court of
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22 | this State for the conduct of official business.
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23 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
24 | (c) shall not
apply to law
enforcement officers or security | ||||||
25 | officers of such school, college, or
university or to | ||||||
26 | students carrying or possessing firearms for use in |
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1 | training
courses, parades, hunting, target shooting on | ||||||
2 | school ranges, or otherwise with
the consent of school | ||||||
3 | authorities and which firearms are transported unloaded
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4 | enclosed in a suitable case, box, or transportation | ||||||
5 | package.
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6 | (4) For the purposes of this subsection (c), "school" | ||||||
7 | means any public or
private elementary or secondary school, | ||||||
8 | community college, college, or
university.
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9 | (d) The presence in an automobile other than a public | ||||||
10 | omnibus of any
weapon, instrument or substance referred to in | ||||||
11 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
12 | possession of, and is being
carried by, all persons occupying | ||||||
13 | such automobile at the time such
weapon, instrument or | ||||||
14 | substance is found, except under the following
circumstances: | ||||||
15 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
16 | the person of one of the occupants therein; or (ii) if such
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17 | weapon, instrument or substance is found in an automobile | ||||||
18 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
19 | and proper pursuit of
his trade, then such presumption shall | ||||||
20 | not apply to the driver.
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21 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
22 | Underwater
Spearguns are exempted from the definition of | ||||||
23 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
24 | of this Section.
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25 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||||||
26 | eff. 8-21-07.)
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1 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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2 | Sec. 24-2. Exemptions.
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3 | (a) Subsections 24-1(a)(3), 24-1(a)(4) , and 24-1(a)(10) , | ||||||
4 | and 24-1(a)(13) and Section
24-1.6 do not apply to
or affect | ||||||
5 | any of the following:
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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.
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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.
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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.
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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 of | ||||||
21 | the duties of their employment or
commuting between their | ||||||
22 | homes and places of employment; and watchmen
while actually | ||||||
23 | engaged in the performance of the duties of their | ||||||
24 | employment.
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25 | (5) Persons licensed as private security contractors, |
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1 | private
detectives, or private alarm contractors, or | ||||||
2 | employed by an agency
certified by the Department of | ||||||
3 | Professional Regulation, if their duties
include the | ||||||
4 | carrying of a weapon under the provisions of the Private
| ||||||
5 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
6 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
7 | in the performance of the duties of their employment or | ||||||
8 | commuting
between their homes and places of employment, | ||||||
9 | provided that such commuting
is accomplished within one | ||||||
10 | hour from departure from home or place of
employment, as | ||||||
11 | the case may be. Persons exempted under this subdivision
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12 | (a)(5) shall be required to have completed a course of
| ||||||
13 | study in firearms handling and training approved and | ||||||
14 | supervised by the
Department of Professional Regulation as | ||||||
15 | prescribed by Section 28 of the
Private Detective, Private | ||||||
16 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
17 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
18 | The Department of Professional
Regulation shall provide | ||||||
19 | suitable documentation demonstrating the
successful | ||||||
20 | completion of the prescribed firearms training. Such
| ||||||
21 | documentation shall be carried at all times when such | ||||||
22 | persons are in
possession of a concealable weapon.
| ||||||
23 | (6) Any person regularly employed in a commercial or | ||||||
24 | industrial
operation as a security guard for the protection | ||||||
25 | of persons employed
and private property related to such | ||||||
26 | commercial or industrial
operation, while actually engaged |
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1 | in the performance of his or her
duty or traveling between | ||||||
2 | sites or properties belonging to the
employer, and who, as | ||||||
3 | a security guard, is a member of a security force of
at | ||||||
4 | least 5 persons registered with the Department of | ||||||
5 | Professional
Regulation; provided that such security guard | ||||||
6 | has successfully completed a
course of study, approved by | ||||||
7 | and supervised by the Department of
Professional | ||||||
8 | Regulation, consisting of not less than 40 hours of | ||||||
9 | training
that includes the theory of law enforcement, | ||||||
10 | liability for acts, and the
handling of weapons. A person | ||||||
11 | shall be considered eligible for this
exemption if he or | ||||||
12 | she has completed the required 20
hours of training for a | ||||||
13 | security officer and 20 hours of required firearm
training, | ||||||
14 | and has been issued a firearm control card by
the | ||||||
15 | Department of Professional Regulation. Conditions for the | ||||||
16 | renewal of
firearm control cards issued under the | ||||||
17 | provisions of this Section
shall be the same as for those | ||||||
18 | cards issued under the provisions of the
Private Detective, | ||||||
19 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
20 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
21 | carried by the security guard at all
times when he or she | ||||||
22 | is in possession of a concealable weapon.
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23 | (7) Agents and investigators of the Illinois | ||||||
24 | Legislative Investigating
Commission authorized by the | ||||||
25 | Commission to carry the weapons specified in
subsections | ||||||
26 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
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| |||||||
1 | any investigation for the Commission.
| ||||||
2 | (8) Persons employed by a financial institution for the | ||||||
3 | protection of
other employees and property related to such | ||||||
4 | financial institution, while
actually engaged in the | ||||||
5 | performance of their duties, commuting between
their homes | ||||||
6 | and places of employment, or traveling between sites or
| ||||||
7 | properties owned or operated by such financial | ||||||
8 | institution, provided that
any person so employed has | ||||||
9 | successfully completed a course of study,
approved by and | ||||||
10 | supervised by the Department of Professional Regulation,
| ||||||
11 | consisting of not less than 40 hours of training which | ||||||
12 | includes theory of
law enforcement, liability for acts, and | ||||||
13 | the handling of weapons.
A person shall be considered to be | ||||||
14 | eligible for this exemption if he or
she has completed the | ||||||
15 | required 20 hours of training for a security officer
and 20 | ||||||
16 | hours of required firearm training, and has been issued a
| ||||||
17 | firearm control card by the Department of Professional | ||||||
18 | Regulation.
Conditions for renewal of firearm control | ||||||
19 | cards issued under the
provisions of this Section shall be | ||||||
20 | the same as for those issued under the
provisions of the | ||||||
21 | Private Detective, Private Alarm,
Private Security, | ||||||
22 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
23 | control card shall be carried by the person so
trained at | ||||||
24 | all times when such person is in possession of a | ||||||
25 | concealable
weapon. For purposes of this subsection, | ||||||
26 | "financial institution" means a
bank, savings and loan |
| |||||||
| |||||||
1 | association, credit union or company providing
armored car | ||||||
2 | services.
| ||||||
3 | (9) Any person employed by an armored car company to | ||||||
4 | drive an armored
car, while actually engaged in the | ||||||
5 | performance of his duties.
| ||||||
6 | (10) Persons who have been classified as peace officers | ||||||
7 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
8 | (11) Investigators of the Office of the State's | ||||||
9 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
10 | governors of the Office of the
State's Attorneys Appellate | ||||||
11 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
12 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
13 | (12) Special investigators appointed by a State's | ||||||
14 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
15 | (12.5) Probation officers while in the performance of | ||||||
16 | their duties, or
while commuting between their homes, | ||||||
17 | places of employment or specific locations
that are part of | ||||||
18 | their assigned duties, with the consent of the chief judge | ||||||
19 | of
the circuit for which they are employed.
| ||||||
20 | (13) Court Security Officers while in the performance | ||||||
21 | of their official
duties, or while commuting between their | ||||||
22 | homes and places of employment, with
the
consent of the | ||||||
23 | Sheriff.
| ||||||
24 | (13.5) A person employed as an armed security guard at | ||||||
25 | a nuclear energy,
storage, weapons or development site or | ||||||
26 | facility regulated by the Nuclear
Regulatory Commission |
| |||||||
| |||||||
1 | who has completed the background screening and training
| ||||||
2 | mandated by the rules and regulations of the Nuclear | ||||||
3 | Regulatory Commission.
| ||||||
4 | (14) Manufacture, transportation, or sale of weapons | ||||||
5 | to
persons
authorized under subdivisions (1) through | ||||||
6 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
7 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
8 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
9 | (1) Members of any club or organization organized for | ||||||
10 | the purpose of
practicing shooting at targets upon | ||||||
11 | established target ranges, whether
public or private, and | ||||||
12 | patrons of such ranges, while such members
or patrons are | ||||||
13 | using their firearms on those target ranges.
| ||||||
14 | (2) Duly authorized military or civil organizations | ||||||
15 | while parading,
with the special permission of the | ||||||
16 | Governor.
| ||||||
17 | (3) Hunters, trappers or fishermen with a license or
| ||||||
18 | permit while engaged in hunting,
trapping or fishing.
| ||||||
19 | (4) Transportation of weapons that are broken down in a
| ||||||
20 | non-functioning state or are not immediately accessible.
| ||||||
21 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
22 | of 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 |
| |||||||
| |||||||
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 lawful
| ||||||
16 | 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.
|
| |||||||
| |||||||
1 | (6) The manufacture, transport, testing, delivery, | ||||||
2 | transfer or sale,
and all lawful commercial or experimental | ||||||
3 | activities necessary thereto, of
rifles, shotguns, and | ||||||
4 | weapons made from rifles or shotguns,
or ammunition for | ||||||
5 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
6 | person operating as a contractor or subcontractor pursuant | ||||||
7 | to a
contract or subcontract for the development and supply | ||||||
8 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
9 | United States government or any
branch of the Armed Forces | ||||||
10 | of the United States, when such activities are
necessary | ||||||
11 | and incident to fulfilling the terms of such contract.
| ||||||
12 | The exemption granted under this subdivision (c)(6)
| ||||||
13 | shall also apply to any authorized agent of any such | ||||||
14 | contractor or
subcontractor who is operating within the | ||||||
15 | scope of his employment, where
such activities involving | ||||||
16 | such weapon, weapons or ammunition are necessary
and | ||||||
17 | incident to fulfilling the terms of such contract.
| ||||||
18 | During transportation, any such weapon shall be broken | ||||||
19 | down in a
non-functioning state, or not immediately | ||||||
20 | accessible.
| ||||||
21 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
22 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
23 | officer.
| ||||||
24 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
25 | manager or
authorized employee of any place specified in that | ||||||
26 | subsection nor to any
law enforcement officer.
|
| |||||||
| |||||||
1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
| ||||||
6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
| ||||||
8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
| ||||||
11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordinance.
| ||||||
13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordinance.
| ||||||
16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply of | ||||||
19 | those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
| ||||||
21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
| ||||||
25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device or |
| |||||||
| |||||||
1 | attachment of any kind designed,
used, or intended for use in | ||||||
2 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
3 | for those firearms equipped with those devices, and actually | ||||||
4 | engaged in the
business of manufacturing those devices, | ||||||
5 | firearms, or ammunition, but only with
respect to
activities | ||||||
6 | that are within the lawful scope of that business, such as the
| ||||||
7 | manufacture, transportation, or testing of those devices, | ||||||
8 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
9 | general private possession of any device or
attachment of any | ||||||
10 | kind designed, used, or intended for use in silencing the
| ||||||
11 | report of any firearm, but only such possession and activities | ||||||
12 | as are within
the
lawful scope of a licensed manufacturing | ||||||
13 | business described in this subsection
(g-5). During | ||||||
14 | transportation, those devices shall be detached from any weapon
| ||||||
15 | or
not immediately accessible.
| ||||||
16 | (h) An information or indictment based upon a violation of | ||||||
17 | any
subsection of this Article need not negative any exemptions | ||||||
18 | contained in
this Article. The defendant shall have the burden | ||||||
19 | of proving such an
exemption.
| ||||||
20 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
21 | affect
the transportation, carrying, or possession, of any | ||||||
22 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
23 | to a common carrier operating
under license of the State of | ||||||
24 | Illinois or the federal government, where
such transportation, | ||||||
25 | carrying, or possession is incident to the lawful
| ||||||
26 | transportation in which such common carrier is engaged; and |
| |||||||
| |||||||
1 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
2 | transportation, carrying,
or possession of any pistol, | ||||||
3 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
4 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
5 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
6 | carrying box, shipping box, or other container, by the | ||||||
7 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)".
|