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