102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1947

 

Introduced 2/26/2021, by Sen. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
720 ILCS 5/24-2

    Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed firearm. Amends the Criminal Code of 2012. Permits employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Provides that the exemption only applies to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.


LRB102 10835 RLC 16165 b

 

 

A BILL FOR

 

SB1947LRB102 10835 RLC 16165 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 2 as follows:
 
6    (50 ILCS 705/2)  (from Ch. 85, par. 502)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Board" means the Illinois Law Enforcement Training
10Standards Board.
11    "Local governmental agency" means any local governmental
12unit or municipal corporation in this State. It does not
13include the State of Illinois or any office, officer,
14department, division, bureau, board, commission, or agency of
15the State, except that it does include a State-controlled
16university, college or public community college.
17    "Police training school" means any school located within
18the State of Illinois whether privately or publicly owned
19which offers a course in police or county corrections training
20and has been approved by the Board.
21    "Probationary police officer" means a recruit law
22enforcement officer required to successfully complete initial
23minimum basic training requirements at a police training

 

 

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1school to be eligible for permanent full-time employment as a
2local law enforcement officer.
3    "Probationary part-time police officer" means a recruit
4part-time law enforcement officer required to successfully
5complete initial minimum part-time training requirements to be
6eligible for employment on a part-time basis as a local law
7enforcement officer.
8    "Permanent police officer" means a law enforcement officer
9who has completed his or her probationary period and is
10permanently employed on a full-time basis as a local law
11enforcement officer by a participating local governmental unit
12or as a security officer or campus policeman permanently
13employed by a participating State-controlled university,
14college, or public community college.
15    "Part-time police officer" means a law enforcement officer
16who has completed his or her probationary period and is
17employed on a part-time basis as a law enforcement officer by a
18participating unit of local government or as a campus
19policeman by a participating State-controlled university,
20college, or public community college.
21    "Law enforcement officer" means an employee of a
22governmental agency who:
23        (1) is authorized by law to engage in or supervise the
24    prevention, detection, investigation, or prosecution of,
25    or the incarceration of any person for any violation of
26    law and has statutory powers of arrest or apprehension

 

 

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1    granted by statute;
2        (2) is authorized by the agency to carry a firearm;
3        (3) is not the subject of any disciplinary action by
4    the agency which could result in suspension or loss of
5    police powers;
6        (4) meets standards, if any, established by the agency
7    which require the employee to regularly qualify in the use
8    of a firearm;
9        (5) is not under the influence of alcohol or another
10    intoxicating or hallucinatory drug or substance; and
11        (6) is not prohibited by federal law from carrying a
12    firearm. (i) any police officer of a local governmental
13    agency who is primarily responsible for prevention or
14    detection of crime and the enforcement of the criminal
15    code, traffic, or highway laws of this State or any
16    political subdivision of this State or (ii) any member of
17    a police force appointed and maintained as provided in
18    Section 2 of the Railroad Police Act.
19    "Recruit" means any full-time or part-time law enforcement
20officer or full-time county corrections officer who is
21enrolled in an approved training course.
22    "Retired law enforcement officer qualified under federal
23law" means an individual who:
24        (1) separated in good standing from service with a
25    public agency as a law enforcement officer, other than for
26    reasons of mental disability;

 

 

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1        (2) before such separation, was authorized by law to
2    engage in or supervise the prevention, detection,
3    investigation, or prosecution of, or the incarceration of
4    any person for, any violation of law, and had statutory
5    powers of arrest or apprehension granted by statute;
6        (3) served as a law enforcement officer for an
7    aggregate of 10 years or more before his or her separation
8    in good standing from service with his or her agency, or
9    separated from service in good standing, after completing
10    any applicable probationary period of service, due to a
11    service-connected disability as determined by the agency;
12        (4) has met State firearms training and qualifications
13    that are the same as the training and qualifications for
14    active duty officers;
15        (5) is not under the influence of alcohol or another
16    intoxicating or hallucinatory drug or substance; and
17        (6) is not prohibited by federal law from carrying a
18    firearm.
19    "Probationary county corrections officer" means a recruit
20county corrections officer required to successfully complete
21initial minimum basic training requirements at a police
22training school to be eligible for permanent employment on a
23full-time basis as a county corrections officer.
24    "Permanent county corrections officer" means a county
25corrections officer who has completed his probationary period
26and is permanently employed on a full-time basis as a county

 

 

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1corrections officer by a participating local governmental
2unit.
3    "County corrections officer" means any sworn officer of
4the sheriff who is primarily responsible for the control and
5custody of offenders, detainees or inmates.
6    "Probationary court security officer" means a recruit
7court security officer required to successfully complete
8initial minimum basic training requirements at a designated
9training school to be eligible for employment as a court
10security officer.
11    "Permanent court security officer" means a court security
12officer who has completed his or her probationary period and
13is employed as a court security officer by a participating
14local governmental unit.
15    "Court security officer" has the meaning ascribed to it in
16Section 3-6012.1 of the Counties Code.
17(Source: P.A. 94-846, eff. 1-1-07.)
 
18    Section 10. The Criminal Code of 2012 is amended by
19changing Section 24-2 as follows:
 
20    (720 ILCS 5/24-2)
21    Sec. 24-2. Exemptions.
22    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
24the following:

 

 

SB1947- 6 -LRB102 10835 RLC 16165 b

1        (1) Peace officers, and any person summoned by a peace
2    officer to assist in making arrests or preserving the
3    peace, while actually engaged in assisting such officer.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense,
7    while in the performance of their official duty, or while
8    commuting between their homes and places of employment.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard or the
11    Reserve Officers Training Corps, while in the performance
12    of their official duty.
13        (4) Special agents employed by a railroad or a public
14    utility to perform police functions, and guards of armored
15    car companies, while actually engaged in the performance
16    of the duties of their employment or commuting between
17    their homes and places of employment; and watchmen while
18    actually engaged in the performance of the duties of their
19    employment.
20        (5) Persons licensed as private security contractors,
21    private detectives, or private alarm contractors, or
22    employed by a private security contractor, private
23    detective, or private alarm contractor agency licensed by
24    the Department of Financial and Professional Regulation,
25    if their duties include the carrying of a weapon under the
26    provisions of the Private Detective, Private Alarm,

 

 

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1    Private Security, Fingerprint Vendor, and Locksmith Act of
2    2004, while actually engaged in the performance of the
3    duties of their employment or commuting between their
4    homes and places of employment. A person shall be
5    considered eligible for this exemption if he or she has
6    completed the required 20 hours of training for a private
7    security contractor, private detective, or private alarm
8    contractor, or employee of a licensed private security
9    contractor, private detective, or private alarm contractor
10    agency and 20 hours of required firearm training, and has
11    been issued a firearm control card by the Department of
12    Financial and Professional Regulation. Conditions for the
13    renewal of firearm control cards issued under the
14    provisions of this Section shall be the same as for those
15    cards issued under the provisions of the Private
16    Detective, Private Alarm, Private Security, Fingerprint
17    Vendor, and Locksmith Act of 2004. The firearm control
18    card shall be carried by the private security contractor,
19    private detective, or private alarm contractor, or
20    employee of the licensed private security contractor,
21    private detective, or private alarm contractor agency at
22    all times when he or she is in possession of a concealable
23    weapon permitted by his or her firearm control card.
24        (6) Any person regularly employed in a commercial or
25    industrial operation as a security guard for the
26    protection of persons employed and private property

 

 

SB1947- 8 -LRB102 10835 RLC 16165 b

1    related to such commercial or industrial operation, while
2    actually engaged in the performance of his or her duty or
3    traveling between sites or properties belonging to the
4    employer, and who, as a security guard, is a member of a
5    security force registered with the Department of Financial
6    and Professional Regulation; provided that such security
7    guard has successfully completed a course of study,
8    approved by and supervised by the Department of Financial
9    and Professional Regulation, consisting of not less than
10    40 hours of training that includes the theory of law
11    enforcement, liability for acts, and the handling of
12    weapons. A person shall be considered eligible for this
13    exemption if he or she has completed the required 20 hours
14    of training for a security officer and 20 hours of
15    required firearm training, and has been issued a firearm
16    control card by the Department of Financial and
17    Professional Regulation. Conditions for the renewal of
18    firearm control cards issued under the provisions of this
19    Section shall be the same as for those cards issued under
20    the provisions of the Private Detective, Private Alarm,
21    Private Security, Fingerprint Vendor, and Locksmith Act of
22    2004. The firearm control card shall be carried by the
23    security guard at all times when he or she is in possession
24    of a concealable weapon permitted by his or her firearm
25    control card.
26        (7) Agents and investigators of the Illinois

 

 

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1    Legislative Investigating Commission authorized by the
2    Commission to carry the weapons specified in subsections
3    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
4    any investigation for the Commission.
5        (8) Persons employed by a financial institution as a
6    security guard for the protection of other employees and
7    property related to such financial institution, while
8    actually engaged in the performance of their duties,
9    commuting between their homes and places of employment, or
10    traveling between sites or properties owned or operated by
11    such financial institution, and who, as a security guard,
12    is a member of a security force registered with the
13    Department; provided that any person so employed has
14    successfully completed a course of study, approved by and
15    supervised by the Department of Financial and Professional
16    Regulation, consisting of not less than 40 hours of
17    training which includes theory of law enforcement,
18    liability for acts, and the handling of weapons. A person
19    shall be considered to be eligible for this exemption if
20    he or she has completed the required 20 hours of training
21    for a security officer and 20 hours of required firearm
22    training, and has been issued a firearm control card by
23    the Department of Financial and Professional Regulation.
24    Conditions for renewal of firearm control cards issued
25    under the provisions of this Section shall be the same as
26    for those issued under the provisions of the Private

 

 

SB1947- 10 -LRB102 10835 RLC 16165 b

1    Detective, Private Alarm, Private Security, Fingerprint
2    Vendor, and Locksmith Act of 2004. The firearm control
3    card shall be carried by the security guard at all times
4    when he or she is in possession of a concealable weapon
5    permitted by his or her firearm control card. For purposes
6    of this subsection, "financial institution" means a bank,
7    savings and loan association, credit union or company
8    providing armored car services.
9        (9) Any person employed by an armored car company to
10    drive an armored car, while actually engaged in the
11    performance of his duties.
12        (10) Persons who have been classified as peace
13    officers pursuant to the Peace Officer Fire Investigation
14    Act.
15        (11) Investigators of the Office of the State's
16    Attorneys Appellate Prosecutor authorized by the board of
17    governors of the Office of the State's Attorneys Appellate
18    Prosecutor to carry weapons pursuant to Section 7.06 of
19    the State's Attorneys Appellate Prosecutor's Act.
20        (12) Special investigators appointed by a State's
21    Attorney under Section 3-9005 of the Counties Code.
22        (12.5) Probation officers while in the performance of
23    their duties, or while commuting between their homes,
24    places of employment or specific locations that are part
25    of their assigned duties, with the consent of the chief
26    judge of the circuit for which they are employed, if they

 

 

SB1947- 11 -LRB102 10835 RLC 16165 b

1    have received weapons training according to requirements
2    of the Peace Officer and Probation Officer Firearm
3    Training Act.
4        (13) Court Security Officers while in the performance
5    of their official duties, or while commuting between their
6    homes and places of employment, with the consent of the
7    Sheriff.
8        (13.5) A person employed as an armed security guard at
9    a nuclear energy, storage, weapons or development site or
10    facility regulated by the Nuclear Regulatory Commission
11    who has completed the background screening and training
12    mandated by the rules and regulations of the Nuclear
13    Regulatory Commission.
14        (14) Manufacture, transportation, or sale of weapons
15    to persons authorized under subdivisions (1) through
16    (13.5) of this subsection to possess those weapons.
17    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
18to or affect any person carrying a concealed pistol, revolver,
19or handgun and the person has been issued a currently valid
20license under the Firearm Concealed Carry Act at the time of
21the commission of the offense.
22     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
23to or affect a qualified current or retired law enforcement
24officer qualified under the laws of this State or under the
25federal Law Enforcement Officers Safety Act.
26    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

 

 

SB1947- 12 -LRB102 10835 RLC 16165 b

124-1.6 do not apply to or affect any of the following:
2        (1) Members of any club or organization organized for
3    the purpose of practicing shooting at targets upon
4    established target ranges, whether public or private, and
5    patrons of such ranges, while such members or patrons are
6    using their firearms on those target ranges.
7        (2) Duly authorized military or civil organizations
8    while parading, with the special permission of the
9    Governor.
10        (3) Hunters, trappers or fishermen with a license or
11    permit while engaged in hunting, trapping or fishing.
12        (4) Transportation of weapons that are broken down in
13    a non-functioning state or are not immediately accessible.
14        (5) Carrying or possessing any pistol, revolver, stun
15    gun or taser or other firearm on the land or in the legal
16    dwelling of another person as an invitee with that
17    person's permission.
18    (c) Subsection 24-1(a)(7) does not apply to or affect any
19of the following:
20        (1) Peace officers while in performance of their
21    official duties.
22        (2) Wardens, superintendents and keepers of prisons,
23    penitentiaries, jails and other institutions for the
24    detention of persons accused or convicted of an offense.
25        (3) Members of the Armed Services or Reserve Forces of
26    the United States or the Illinois National Guard, while in

 

 

SB1947- 13 -LRB102 10835 RLC 16165 b

1    the performance of their official duty.
2        (4) Manufacture, transportation, or sale of machine
3    guns to persons authorized under subdivisions (1) through
4    (3) of this subsection to possess machine guns, if the
5    machine guns are broken down in a non-functioning state or
6    are not immediately accessible.
7        (5) Persons licensed under federal law to manufacture
8    any weapon from which 8 or more shots or bullets can be
9    discharged by a single function of the firing device, or
10    ammunition for such weapons, and actually engaged in the
11    business of manufacturing such weapons or ammunition, but
12    only with respect to activities which are within the
13    lawful scope of such business, such as the manufacture,
14    transportation, or testing of such weapons or ammunition.
15    This exemption does not authorize the general private
16    possession of any weapon from which 8 or more shots or
17    bullets can be discharged by a single function of the
18    firing device, but only such possession and activities as
19    are within the lawful scope of a licensed manufacturing
20    business described in this paragraph.
21        During transportation, such weapons shall be broken
22    down in a non-functioning state or not immediately
23    accessible.
24        (6) The manufacture, transport, testing, delivery,
25    transfer or sale, and all lawful commercial or
26    experimental activities necessary thereto, of rifles,

 

 

SB1947- 14 -LRB102 10835 RLC 16165 b

1    shotguns, and weapons made from rifles or shotguns, or
2    ammunition for such rifles, shotguns or weapons, where
3    engaged in by a person operating as a contractor or
4    subcontractor pursuant to a contract or subcontract for
5    the development and supply of such rifles, shotguns,
6    weapons or ammunition to the United States government or
7    any branch of the Armed Forces of the United States, when
8    such activities are necessary and incident to fulfilling
9    the terms of such contract.
10        The exemption granted under this subdivision (c)(6)
11    shall also apply to any authorized agent of any such
12    contractor or subcontractor who is operating within the
13    scope of his employment, where such activities involving
14    such weapon, weapons or ammunition are necessary and
15    incident to fulfilling the terms of such contract.
16        (7) A person possessing a rifle with a barrel or
17    barrels less than 16 inches in length if: (A) the person
18    has been issued a Curios and Relics license from the U.S.
19    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
20    (B) the person is an active member of a bona fide,
21    nationally recognized military re-enacting group and the
22    modification is required and necessary to accurately
23    portray the weapon for historical re-enactment purposes;
24    the re-enactor is in possession of a valid and current
25    re-enacting group membership credential; and the overall
26    length of the weapon as modified is not less than 26

 

 

SB1947- 15 -LRB102 10835 RLC 16165 b

1    inches.
2    (d) Subsection 24-1(a)(1) does not apply to the purchase,
3possession or carrying of a black-jack or slung-shot by a
4peace officer.
5    (e) Subsection 24-1(a)(8) does not apply to any owner,
6manager or authorized employee of any place specified in that
7subsection nor to any law enforcement officer.
8    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
9Section 24-1.6 do not apply to members of any club or
10organization organized for the purpose of practicing shooting
11at targets upon established target ranges, whether public or
12private, while using their firearms on those target ranges.
13    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
14to:
15        (1) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard, while in
17    the performance of their official duty.
18        (2) Bonafide collectors of antique or surplus military
19    ordnance.
20        (3) Laboratories having a department of forensic
21    ballistics, or specializing in the development of
22    ammunition or explosive ordnance.
23        (4) Commerce, preparation, assembly or possession of
24    explosive bullets by manufacturers of ammunition licensed
25    by the federal government, in connection with the supply
26    of those organizations and persons exempted by subdivision

 

 

SB1947- 16 -LRB102 10835 RLC 16165 b

1    (g)(1) of this Section, or like organizations and persons
2    outside this State, or the transportation of explosive
3    bullets to any organization or person exempted in this
4    Section by a common carrier or by a vehicle owned or leased
5    by an exempted manufacturer.
6    (g-5) Subsection 24-1(a)(6) does not apply to or affect
7persons licensed under federal law to manufacture any device
8or attachment of any kind designed, used, or intended for use
9in silencing the report of any firearm, firearms, or
10ammunition for those firearms equipped with those devices, and
11actually engaged in the business of manufacturing those
12devices, firearms, or ammunition, but only with respect to
13activities that are within the lawful scope of that business,
14such as the manufacture, transportation, or testing of those
15devices, firearms, or ammunition. This exemption does not
16authorize the general private possession of any device or
17attachment of any kind designed, used, or intended for use in
18silencing the report of any firearm, but only such possession
19and activities as are within the lawful scope of a licensed
20manufacturing business described in this subsection (g-5).
21During transportation, these devices shall be detached from
22any weapon or not immediately accessible.
23    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any parole agent or parole
25supervisor who meets the qualifications and conditions
26prescribed in Section 3-14-1.5 of the Unified Code of

 

 

SB1947- 17 -LRB102 10835 RLC 16165 b

1Corrections.
2    (g-7) Subsection 24-1(a)(6) does not apply to a peace
3officer while serving as a member of a tactical response team
4or special operations team. A peace officer may not personally
5own or apply for ownership of a device or attachment of any
6kind designed, used, or intended for use in silencing the
7report of any firearm. These devices shall be owned and
8maintained by lawfully recognized units of government whose
9duties include the investigation of criminal acts.
10    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect an employed or qualified
12retired State correctional officer who meets the
13qualifications and conditions prescribed in this subsection
14(g-8).
15        (1) In this subsection (g-8):
16        "State correctional officer" means an employee of the
17    Department of Corrections who has custody and control over
18    inmates in an adult correctional facility.
19        "Qualified retired State correctional officer" means a
20    former State correctional officer who:
21            (A) was separated from service with the Department
22        of Corrections in good standing;
23            (B) before the separation, was authorized by law
24        to engage in or supervise the activities of
25        prevention, detection, investigation, prosecution, or
26        incarceration of any person for any violation of law;

 

 

SB1947- 18 -LRB102 10835 RLC 16165 b

1            (C) before the separation, served as a State
2        correctional officer for an aggregate of 10 years or
3        more;
4            (D) has not either:
5                (i) been officially found, as the Department
6            shall by rule provide, by a qualified medical
7            professional employed by the Department of
8            Corrections to be unqualified for reasons relating
9            to mental health and as a result of this finding
10            will not be issued the photographic identification
11            as described in subparagraph (E) of paragraph (2);
12            or
13                (ii) entered into an agreement with the
14            Department of Corrections in which that individual
15            acknowledges he or she is not qualified under this
16            Section for reasons relating to mental health and
17            for those reasons will not receive or accept the
18            photographic identification as described in
19            subparagraph (E) of paragraph (2);
20            (E) is not under the influence of alcohol or any
21        other intoxicating or hallucinatory drug or substance;
22        and
23            (F) is not prohibited by State or federal law from
24        owning or possessing a firearm.
25        (2)(A) The employed or qualified retired State
26    correctional officer must receive training in the use of

 

 

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1    firearms while off-duty conducted by the Illinois Law
2    Enforcement Training Standards Board and be certified as
3    having successfully completed the training by the Board.
4    The Board shall determine the amount of the training and
5    the course content for the training. The employed or
6    qualified retired State correctional officer shall
7    requalify for the firearms training annually at a State
8    range certified by the Illinois Law Enforcement Training
9    Standards Board. The expenses of the retraining shall be
10    paid by the employed or qualified retired State
11    correctional officer and moneys for the costs of the
12    requalification shall be expended at the request of the
13    Illinois Law Enforcement Training Standards Board.
14        (B) The employed or qualified retired State
15    correctional officer shall purchase the firearm at his or
16    her own expense and shall register the firearm with the
17    Illinois State Police and with any local law enforcement
18    agencies that require the registration.
19        (C) The employed or qualified retired State
20    correctional officer may not carry any Department of
21    Corrections State-issued firearm while off-duty. A person
22    who violates this subparagraph (C) is subject to
23    disciplinary action by the Department of Corrections.
24        (D) State correctional officers who are or were
25    discharged from employment by the Department of
26    Corrections are not law enforcement officials after the

 

 

SB1947- 20 -LRB102 10835 RLC 16165 b

1    date of discharge.
2        (E) The employed or qualified retired State
3    correctional officer shall carry photographic
4    identification issued by the Department of Corrections
5    identifying him or her as an employed or qualified retired
6    State correctional officer while carrying a firearm
7    off-duty, along with a valid annual firearm certificate
8    issued by the Illinois Law Enforcement Training Standards
9    Board stating that he or she is qualified to carry a
10    concealed weapon.
11    (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect an employed or qualified
13retired county correctional officer who meets the
14qualifications and conditions prescribed in this subsection
15(g-9).
16        (1) In this subsection (g-9):
17        "County correctional officer" means an employee of a
18    county sheriff's office within this State who has custody
19    and control over adult inmates in a county jail.
20        "Qualified retired county correctional officer" means
21    a former county correctional officer who:
22            (A) was separated from service with the county
23        sheriff's office in good standing;
24            (B) before the separation, was authorized by law
25        to engage in or supervise the activities of
26        prevention, detection, investigation, prosecution, or

 

 

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1        incarceration of any person for any violation of law;
2            (C) before the separation, served as a county
3        correctional officer for an aggregate of 10 years or
4        more;
5            (D) has not either:
6                (i) been officially found, as the county
7            sheriff shall by rule provide, by a qualified
8            medical professional employed by the county
9            sheriff to be unqualified for reasons relating to
10            mental health and as a result of this finding will
11            not be issued the photographic identification as
12            described in subparagraph (E) of paragraph (2); or
13                (ii) entered into an agreement with the county
14            sheriff's office from which the individual is
15            separated form service in which that individual
16            acknowledges he or she is not qualified under this
17            Section for reasons relating to mental health and
18            for those reasons will not receive or accept the
19            photographic identification as described in
20            subparagraph (E) of paragraph (2);
21            (E) is not under the influence of alcohol or any
22        other intoxicating or hallucinatory drug or substance;
23        and
24            (F) is not prohibited by State or federal law from
25        receiving a firearm.
26        (2)(A) The employed or qualified retired county

 

 

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1    correctional officer must receive training in the use of
2    firearms while off-duty conducted by the Illinois Law
3    Enforcement Training Standards Board and be certified as
4    having successfully completed the training by the Board.
5    The Board shall determine the amount of the training and
6    the course content for the training. The employed or
7    qualified retired county correctional officer shall
8    requalify for the firearms training annually at a State
9    range certified by the Illinois Law Enforcement Training
10    Standards Board. The expenses of the retraining shall be
11    paid by the employed or qualified retired county
12    correctional officer and moneys for the costs of the
13    requalification shall be expended at the request of the
14    Illinois Law Enforcement Training Standards Board.
15        (B) The employed or qualified retired county
16    correctional officer shall purchase the firearm at his or
17    her own expense and shall register the firearm with the
18    Illinois State Police and with any other local law
19    enforcement agencies that require the registration.
20        (C) The employed or qualified retired county
21    correctional officer may not carry any county
22    sheriff-issued firearm while off-duty. A person who
23    violates this subparagraph (C) is subject to disciplinary
24    action by the county sheriff.
25        (D) County correctional officers who are or were
26    discharged from employment by the county sheriff shall no

 

 

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1    longer be considered law enforcement officials and all
2    their rights as law enforcement officials shall be revoked
3    permanently.
4        (E) The employed or qualified retired county
5    correctional officer shall carry a photographic
6    identification issued by his or her agency identifying him
7    or her as an employed or qualified retired county
8    correctional officer while carrying a firearm off-duty,
9    along with a valid annual firearm certificate issued by
10    the Illinois Law Enforcement Training Standards Board
11    stating that he or she is qualified to carry a concealed
12    weapon.
13    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
15athlete's possession, transport on official Olympic and
16Paralympic transit systems established for athletes, or use of
17competition firearms sanctioned by the International Olympic
18Committee, the International Paralympic Committee, the
19International Shooting Sport Federation, or USA Shooting in
20connection with such athlete's training for and participation
21in shooting competitions at the 2016 Olympic and Paralympic
22Games and sanctioned test events leading up to the 2016
23Olympic and Paralympic Games.
24    (h) An information or indictment based upon a violation of
25any subsection of this Article need not negative any
26exemptions contained in this Article. The defendant shall have

 

 

SB1947- 24 -LRB102 10835 RLC 16165 b

1the burden of proving such an exemption.
2    (i) Nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession, of any
4pistol or revolver, stun gun, taser, or other firearm
5consigned to a common carrier operating under license of the
6State of Illinois or the federal government, where such
7transportation, carrying, or possession is incident to the
8lawful transportation in which such common carrier is engaged;
9and nothing in this Article shall prohibit, apply to, or
10affect the transportation, carrying, or possession of any
11pistol, revolver, stun gun, taser, or other firearm, not the
12subject of and regulated by subsection 24-1(a)(7) or
13subsection 24-2(c) of this Article, which is unloaded and
14enclosed in a case, firearm carrying box, shipping box, or
15other container, by the possessor of a valid Firearm Owners
16Identification Card.
17(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.