Sen. William R. Haine

Filed: 3/4/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 72

2     AMENDMENT NO. ______. Amend Senate Bill 72 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 24-1, 24-1.6, and 24-2 as follows:
 
6     (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7     Sec. 24-1. Unlawful Use of Weapons.
8     (a) A person commits the offense of unlawful use of weapons
9 when he knowingly:
10         (1) Sells, manufactures, purchases, possesses or
11     carries any bludgeon, black-jack, slung-shot, sand-club,
12     sand-bag, metal knuckles or other knuckle weapon
13     regardless of its composition, throwing star, or any knife,
14     commonly referred to as a switchblade knife, which has a
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
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
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
14     years of age or older; or
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, or a legal dwelling or
18     place where he or she is an invitee therein, any pistol,
19     revolver, stun gun or taser or other firearm, except that
20     this subsection (a) (4) does not apply to or affect
21     transportation of weapons that meet one of the following
22     conditions:
23             (i) are broken down in a non-functioning state; or
24             (ii) are not immediately accessible; or
25             (iii) are unloaded and enclosed in a case, firearm
26         carrying box, shipping box, or other container by a

 

 

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1         person who has been issued a currently valid Firearm
2         Owner's Identification Card; or
3         (5) Sets a spring gun; or
4         (6) Possesses any device or attachment of any kind
5     designed, used or intended for use in silencing the report
6     of any firearm; or
7         (7) Sells, manufactures, purchases, possesses or
8     carries:
9             (i) a machine gun, which shall be defined for the
10         purposes of this subsection as any weapon, which
11         shoots, is designed to shoot, or can be readily
12         restored to shoot, automatically more than one shot
13         without manually reloading by a single function of the
14         trigger, including the frame or receiver of any such
15         weapon, or sells, manufactures, purchases, possesses,
16         or carries any combination of parts designed or
17         intended for use in converting any weapon into a
18         machine gun, or any combination or parts from which a
19         machine gun can be assembled if such parts are in the
20         possession or under the control of a person;
21             (ii) any rifle having one or more barrels less than
22         16 inches in length or a shotgun having one or more
23         barrels less than 18 inches in length or any weapon
24         made from a rifle or shotgun, whether by alteration,
25         modification, or otherwise, if such a weapon as
26         modified has an overall length of less than 26 inches;

 

 

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1         or
2             (iii) any bomb, bomb-shell, grenade, bottle or
3         other container containing an explosive substance of
4         over one-quarter ounce for like purposes, such as, but
5         not limited to, black powder bombs and Molotov
6         cocktails or artillery projectiles; or
7         (8) Carries or possesses any firearm, stun gun or taser
8     or other deadly weapon in any place which is licensed to
9     sell intoxicating beverages, or at any public gathering
10     held pursuant to a license issued by any governmental body
11     or any public gathering at which an admission is charged,
12     excluding a place where a showing, demonstration or lecture
13     involving the exhibition of unloaded firearms is
14     conducted.
15         This subsection (a)(8) does not apply to any auction or
16     raffle of a firearm held pursuant to a license or permit
17     issued by a governmental body, nor does it apply to persons
18     engaged in firearm safety training courses; or
19         (9) Carries or possesses in a vehicle or on or about
20     his person any pistol, revolver, stun gun or taser or
21     firearm or ballistic knife, when he is hooded, robed or
22     masked in such manner as to conceal his identity; or
23         (10) Carries or possesses on or about his person, upon
24     any public street, alley, or other public lands within the
25     corporate limits of a city, village or incorporated town,
26     except when an invitee thereon or therein, for the purpose

 

 

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1     of the display of such weapon or the lawful commerce in
2     weapons, or except when on his land or in his own abode or
3     fixed place of business, or a legal dwelling or place where
4     he or she is an invitee therein, any pistol, revolver, stun
5     gun or taser or other firearm, except that this subsection
6     (a) (10) does not apply to or affect transportation of
7     weapons that meet one of the following conditions:
8             (i) are broken down in a non-functioning state; or
9             (ii) are not immediately accessible; or
10             (iii) are unloaded and enclosed in a case, firearm
11         carrying box, shipping box, or other container by a
12         person who has been issued a currently valid Firearm
13         Owner's Identification Card.
14         A "stun gun or taser", as used in this paragraph (a)
15     means (i) any device which is powered by electrical
16     charging units, such as, batteries, and which fires one or
17     several barbs attached to a length of wire and which, upon
18     hitting a human, can send out a current capable of
19     disrupting the person's nervous system in such a manner as
20     to render him incapable of normal functioning or (ii) any
21     device which is powered by electrical charging units, such
22     as batteries, and which, upon contact with a human or
23     clothing worn by a human, can send out current capable of
24     disrupting the person's nervous system in such a manner as
25     to render him incapable of normal functioning; or
26         (11) Sells, manufactures or purchases any explosive

 

 

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1     bullet. For purposes of this paragraph (a) "explosive
2     bullet" means the projectile portion of an ammunition
3     cartridge which contains or carries an explosive charge
4     which will explode upon contact with the flesh of a human
5     or an animal. "Cartridge" means a tubular metal case having
6     a projectile affixed at the front thereof and a cap or
7     primer at the rear end thereof, with the propellant
8     contained in such tube between the projectile and the cap;
9     or
10         (12) (Blank); or
11         (13) Carries or possesses on or about his or her person
12     while in a building occupied by a unit of government, a
13     billy club, other weapon of like character, or other
14     instrument of like character intended for use as a weapon.
15     For the purposes of this Section, "billy club" means a
16     short stick or club commonly carried by police officers
17     which is either telescopic or constructed of a solid piece
18     of wood or other man-made material.
19     (b) Sentence. A person convicted of a violation of
20 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22 Class A misdemeanor. A person convicted of a violation of
23 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
24 person convicted of a violation of subsection 24-1(a)(6) or
25 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
26 convicted of a violation of subsection 24-1(a)(7)(i) commits a

 

 

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1 Class 2 felony and shall be sentenced to a term of imprisonment
2 of not less than 3 years and not more than 7 years, unless the
3 weapon is possessed in the passenger compartment of a motor
4 vehicle as defined in Section 1-146 of the Illinois Vehicle
5 Code, or on the person, while the weapon is loaded, in which
6 case it shall be a Class X felony. A person convicted of a
7 second or subsequent violation of subsection 24-1(a)(4),
8 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
9 felony. The possession of each weapon in violation of this
10 Section constitutes a single and separate violation.
11     (c) Violations in specific places.
12         (1) A person who violates subsection 24-1(a)(6) or
13     24-1(a)(7) in any school, regardless of the time of day or
14     the time of year, in residential property owned, operated
15     or managed by a public housing agency or leased by a public
16     housing agency as part of a scattered site or mixed-income
17     development, in a public park, in a courthouse, on the real
18     property comprising any school, regardless of the time of
19     day or the time of year, on residential property owned,
20     operated or managed by a public housing agency or leased by
21     a public housing agency as part of a scattered site or
22     mixed-income development, on the real property comprising
23     any public park, on the real property comprising any
24     courthouse, in any conveyance owned, leased or contracted
25     by a school to transport students to or from school or a
26     school related activity, or on any public way within 1,000

 

 

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1     feet of the real property comprising any school, public
2     park, courthouse, or residential property owned, operated,
3     or managed by a public housing agency or leased by a public
4     housing agency as part of a scattered site or mixed-income
5     development commits a Class 2 felony and shall be sentenced
6     to a term of imprisonment of not less than 3 years and not
7     more than 7 years.
8         (1.5) A person who violates subsection 24-1(a)(4),
9     24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
10     time of day or the time of year, in residential property
11     owned, operated, or managed by a public housing agency or
12     leased by a public housing agency as part of a scattered
13     site or mixed-income development, in a public park, in a
14     courthouse, on the real property comprising any school,
15     regardless of the time of day or the time of year, on
16     residential property owned, operated, or managed by a
17     public housing agency or leased by a public housing agency
18     as part of a scattered site or mixed-income development, on
19     the real property comprising any public park, on the real
20     property comprising any courthouse, in any conveyance
21     owned, leased, or contracted by a school to transport
22     students to or from school or a school related activity, or
23     on any public way within 1,000 feet of the real property
24     comprising any school, public park, courthouse, or
25     residential property owned, operated, or managed by a
26     public housing agency or leased by a public housing agency

 

 

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1     as part of a scattered site or mixed-income development
2     commits a Class 3 felony.
3         (2) A person who violates subsection 24-1(a)(1),
4     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
5     time of day or the time of year, in residential property
6     owned, operated or managed by a public housing agency or
7     leased by a public housing agency as part of a scattered
8     site or mixed-income development, in a public park, in a
9     courthouse, on the real property comprising any school,
10     regardless of the time of day or the time of year, on
11     residential property owned, operated or managed by a public
12     housing agency or leased by a public housing agency as part
13     of a scattered site or mixed-income development, on the
14     real property comprising any public park, on the real
15     property comprising any courthouse, in any conveyance
16     owned, leased or contracted by a school to transport
17     students to or from school or a school related activity, or
18     on any public way within 1,000 feet of the real property
19     comprising any school, public park, courthouse, or
20     residential property owned, operated, or managed by a
21     public housing agency or leased by a public housing agency
22     as part of a scattered site or mixed-income development
23     commits a Class 4 felony. "Courthouse" means any building
24     that is used by the Circuit, Appellate, or Supreme Court of
25     this State for the conduct of official business.
26         (3) Paragraphs (1), (1.5), and (2) of this subsection

 

 

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1     (c) shall not apply to law enforcement officers or security
2     officers of such school, college, or university or to
3     students carrying or possessing firearms for use in
4     training courses, parades, hunting, target shooting on
5     school ranges, or otherwise with the consent of school
6     authorities and which firearms are transported unloaded
7     enclosed in a suitable case, box, or transportation
8     package.
9         (4) For the purposes of this subsection (c), "school"
10     means any public or private elementary or secondary school,
11     community college, college, or university.
12     (d) The presence in an automobile other than a public
13 omnibus of any weapon, instrument or substance referred to in
14 subsection (a)(7) is prima facie evidence that it is in the
15 possession of, and is being carried by, all persons occupying
16 such automobile at the time such weapon, instrument or
17 substance is found, except under the following circumstances:
18 (i) if such weapon, instrument or instrumentality is found upon
19 the person of one of the occupants therein; or (ii) if such
20 weapon, instrument or substance is found in an automobile
21 operated for hire by a duly licensed driver in the due, lawful
22 and proper pursuit of his trade, then such presumption shall
23 not apply to the driver.
24     (e) Exemptions. Crossbows, Common or Compound bows and
25 Underwater Spearguns are exempted from the definition of
26 ballistic knife as defined in paragraph (1) of subsection (a)

 

 

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1 of this Section.
2 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
3 eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
4 9-5-08.)
 
5     (720 ILCS 5/24-1.6)
6     Sec. 24-1.6. Aggravated unlawful use of a weapon.
7     (a) A person commits the offense of aggravated unlawful use
8 of a weapon when he or she knowingly:
9         (1) Carries on or about his or her person or in any
10     vehicle or concealed on or about his or her person except
11     when on his or her land or in his or her abode or fixed
12     place of business, or a legal dwelling or place where he or
13     she is an invitee therein, any pistol, revolver, stun gun
14     or taser or other firearm; or
15         (2) Carries or possesses on or about his or her person,
16     upon any public street, alley, or other public lands within
17     the corporate limits of a city, village or incorporated
18     town, except when an invitee thereon or therein, for the
19     purpose of the display of such weapon or the lawful
20     commerce in weapons, or except when on his or her own land
21     or in his or her own abode or fixed place of business, or a
22     legal dwelling or place where he or she is an invitee
23     therein, any pistol, revolver, stun gun or taser or other
24     firearm; and
25         (3) One of the following factors is present:

 

 

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1             (A) the firearm possessed was uncased, loaded and
2         immediately accessible at the time of the offense; or
3             (B) the firearm possessed was uncased, unloaded
4         and the ammunition for the weapon was immediately
5         accessible at the time of the offense; or
6             (C) the person possessing the firearm has not been
7         issued a currently valid Firearm Owner's
8         Identification Card; or
9             (D) the person possessing the weapon was
10         previously adjudicated a delinquent minor under the
11         Juvenile Court Act of 1987 for an act that if committed
12         by an adult would be a felony; or
13             (E) the person possessing the weapon was engaged in
14         a misdemeanor violation of the Cannabis Control Act, in
15         a misdemeanor violation of the Illinois Controlled
16         Substances Act, or in a misdemeanor violation of the
17         Methamphetamine Control and Community Protection Act;
18         or
19             (F) the person possessing the weapon is a member of
20         a street gang or is engaged in street gang related
21         activity, as defined in Section 10 of the Illinois
22         Streetgang Terrorism Omnibus Prevention Act; or
23             (G) the person possessing the weapon had a order of
24         protection issued against him or her within the
25         previous 2 years; or
26             (H) the person possessing the weapon was engaged in

 

 

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1         the commission or attempted commission of a
2         misdemeanor involving the use or threat of violence
3         against the person or property of another; or
4             (I) the person possessing the weapon was under 21
5         years of age and in possession of a handgun as defined
6         in Section 24-3, unless the person under 21 is engaged
7         in lawful activities under the Wildlife Code or
8         described in subsection 24-2(b)(1), (b)(3), or
9         24-2(f).
10     (b) "Stun gun or taser" as used in this Section has the
11 same definition given to it in Section 24-1 of this Code.
12     (c) This Section does not apply to or affect the
13 transportation or possession of weapons that:
14             (i) are broken down in a non-functioning state; or
15             (ii) are not immediately accessible; or
16             (iii) are unloaded and enclosed in a case, firearm
17         carrying box, shipping box, or other container by a
18         person who has been issued a currently valid Firearm
19         Owner's Identification Card.
20     (d) Sentence. Aggravated unlawful use of a weapon is a
21 Class 4 felony; a second or subsequent offense is a Class 2
22 felony for which the person shall be sentenced to a term of
23 imprisonment of not less than 3 years and not more than 7
24 years. Aggravated unlawful use of a weapon by a person who has
25 been previously convicted of a felony in this State or another
26 jurisdiction is a Class 2 felony for which the person shall be

 

 

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1 sentenced to a term of imprisonment of not less than 3 years
2 and not more than 7 years. Aggravated unlawful use of a weapon
3 while wearing or in possession of body armor as defined in
4 Section 33F-1 by a person who has not been issued a valid
5 Firearms Owner's Identification Card in accordance with
6 Section 5 of the Firearm Owners Identification Card Act is a
7 Class X felony. The possession of each firearm in violation of
8 this Section constitutes a single and separate violation.
9 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556,
10 eff. 9-11-05; 95-331, eff. 8-21-07.)
 
11     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
12     Sec. 24-2. Exemptions.
13     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
14 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
15 the following:
16         (1) Peace officers, and any person summoned by a peace
17     officer to assist in making arrests or preserving the
18     peace, while actually engaged in assisting such officer.
19         (2) Wardens, superintendents and keepers of prisons,
20     penitentiaries, jails and other institutions for the
21     detention of persons accused or convicted of an offense,
22     while in the performance of their official duty, or while
23     commuting between their homes and places of employment.
24         (3) Members of the Armed Services or Reserve Forces of
25     the United States or the Illinois National Guard or the

 

 

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1     Reserve Officers Training Corps, while in the performance
2     of their official duty.
3         (4) Special agents employed by a railroad or a public
4     utility to perform police functions, and guards of armored
5     car companies, while actually engaged in the performance of
6     the duties of their employment or commuting between their
7     homes and places of employment; and watchmen while actually
8     engaged in the performance of the duties of their
9     employment.
10         (5) Persons licensed as private security contractors,
11     private detectives, or private alarm contractors, or
12     employed by an agency certified by the Department of
13     Professional Regulation, if their duties include the
14     carrying of a weapon under the provisions of the Private
15     Detective, Private Alarm, Private Security, Fingerprint
16     Vendor, and Locksmith Act of 2004, while actually engaged
17     in the performance of the duties of their employment or
18     commuting between their homes and places of employment,
19     provided that such commuting is accomplished within one
20     hour from departure from home or place of employment, as
21     the case may be. Persons exempted under this subdivision
22     (a)(5) shall be required to have completed a course of
23     study in firearms handling and training approved and
24     supervised by the Department of Professional Regulation as
25     prescribed by Section 28 of the Private Detective, Private
26     Alarm, Private Security, Fingerprint Vendor, and Locksmith

 

 

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1     Act of 2004, prior to becoming eligible for this exemption.
2     The Department of Professional Regulation shall provide
3     suitable documentation demonstrating the successful
4     completion of the prescribed firearms training. Such
5     documentation shall be carried at all times when such
6     persons are in possession of a concealable weapon.
7         (6) Any person regularly employed in a commercial or
8     industrial operation as a security guard for the protection
9     of persons employed and private property related to such
10     commercial or industrial operation, while actually engaged
11     in the performance of his or her duty or traveling between
12     sites or properties belonging to the employer, and who, as
13     a security guard, is a member of a security force of at
14     least 5 persons registered with the Department of
15     Professional Regulation; provided that such security guard
16     has successfully completed a course of study, approved by
17     and supervised by the Department of Professional
18     Regulation, consisting of not less than 40 hours of
19     training that includes the theory of law enforcement,
20     liability for acts, and the handling of weapons. A person
21     shall be considered eligible for this exemption if he or
22     she has completed the required 20 hours of training for a
23     security officer and 20 hours of required firearm training,
24     and has been issued a firearm control card by the
25     Department of Professional Regulation. Conditions for the
26     renewal of firearm control cards issued under the

 

 

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1     provisions of this Section shall be the same as for those
2     cards issued under the provisions of the Private Detective,
3     Private Alarm, Private Security, Fingerprint Vendor, and
4     Locksmith Act of 2004. Such firearm control card shall be
5     carried by the security guard at all times when he or she
6     is in possession of a concealable weapon.
7         (7) Agents and investigators of the Illinois
8     Legislative Investigating Commission authorized by the
9     Commission to carry the weapons specified in subsections
10     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
11     any investigation for the Commission.
12         (8) Persons employed by a financial institution for the
13     protection of other employees and property related to such
14     financial institution, while actually engaged in the
15     performance of their duties, commuting between their homes
16     and places of employment, or traveling between sites or
17     properties owned or operated by such financial
18     institution, provided that any person so employed has
19     successfully completed a course of study, approved by and
20     supervised by the Department of Professional Regulation,
21     consisting of not less than 40 hours of training which
22     includes theory of law enforcement, liability for acts, and
23     the handling of weapons. A person shall be considered to be
24     eligible for this exemption if he or she has completed the
25     required 20 hours of training for a security officer and 20
26     hours of required firearm training, and has been issued a

 

 

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1     firearm control card by the Department of Professional
2     Regulation. Conditions for renewal of firearm control
3     cards issued under the provisions of this Section shall be
4     the same as for those issued under the provisions of the
5     Private Detective, Private Alarm, Private Security,
6     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
7     control card shall be carried by the person so trained at
8     all times when such person is in possession of a
9     concealable weapon. For purposes of this subsection,
10     "financial institution" means a bank, savings and loan
11     association, credit union or company providing armored car
12     services.
13         (9) Any person employed by an armored car company to
14     drive an armored car, while actually engaged in the
15     performance of his duties.
16         (10) Persons who have been classified as peace officers
17     pursuant to the Peace Officer Fire Investigation Act.
18         (11) Investigators of the Office of the State's
19     Attorneys Appellate Prosecutor authorized by the board of
20     governors of the Office of the State's Attorneys Appellate
21     Prosecutor to carry weapons pursuant to Section 7.06 of the
22     State's Attorneys Appellate Prosecutor's Act.
23         (12) Special investigators appointed by a State's
24     Attorney under Section 3-9005 of the Counties Code.
25         (12.5) Probation officers while in the performance of
26     their duties, or while commuting between their homes,

 

 

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1     places of employment or specific locations that are part of
2     their assigned duties, with the consent of the chief judge
3     of the circuit for which they are employed.
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     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
18 24-1.6 do not apply to or affect any of the following:
19         (1) Members of any club or organization organized for
20     the purpose of practicing shooting at targets upon
21     established target ranges, whether public or private, and
22     patrons of such ranges, while such members or patrons are
23     using their firearms on those target ranges.
24         (2) Duly authorized military or civil organizations
25     while parading, with the special permission of the
26     Governor.

 

 

09600SB0072sam001 - 20 - LRB096 02976 RLC 22998 a

1         (3) Hunters, trappers or fishermen with a license or
2     permit while engaged in hunting, trapping or fishing.
3         (4) Transportation of weapons that are broken down in a
4     non-functioning state or are not immediately accessible.
5         (5) Carrying or possessing any pistol, revolver, stun
6     gun or taser or other firearm in a legal dwelling or place
7     where he or she is an invitee therein.
8     (c) Subsection 24-1(a)(7) does not apply to or affect any
9 of the following:
10         (1) Peace officers while in performance of their
11     official duties.
12         (2) Wardens, superintendents and keepers of prisons,
13     penitentiaries, jails and other institutions for the
14     detention of persons accused or convicted of an offense.
15         (3) 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         (4) Manufacture, transportation, or sale of machine
19     guns to persons authorized under subdivisions (1) through
20     (3) of this subsection to possess machine guns, if the
21     machine guns are broken down in a non-functioning state or
22     are not immediately accessible.
23         (5) Persons licensed under federal law to manufacture
24     any weapon from which 8 or more shots or bullets can be
25     discharged by a single function of the firing device, or
26     ammunition for such weapons, and actually engaged in the

 

 

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1     business of manufacturing such weapons or ammunition, but
2     only with respect to activities which are within the lawful
3     scope of such business, such as the manufacture,
4     transportation, or testing of such weapons or ammunition.
5     This exemption does not authorize the general private
6     possession of any weapon from which 8 or more shots or
7     bullets can be discharged by a single function of the
8     firing device, but only such possession and activities as
9     are within the lawful scope of a licensed manufacturing
10     business described in this paragraph.
11         During transportation, such weapons shall be broken
12     down in a non-functioning state or not immediately
13     accessible.
14         (6) The manufacture, transport, testing, delivery,
15     transfer or sale, and all lawful commercial or experimental
16     activities necessary thereto, of rifles, shotguns, and
17     weapons made from rifles or shotguns, or ammunition for
18     such rifles, shotguns or weapons, where engaged in by a
19     person operating as a contractor or subcontractor pursuant
20     to a contract or subcontract for the development and supply
21     of such rifles, shotguns, weapons or ammunition to the
22     United States government or any branch of the Armed Forces
23     of the United States, when such activities are necessary
24     and incident to fulfilling the terms of such contract.
25         The exemption granted under this subdivision (c)(6)
26     shall also apply to any authorized agent of any such

 

 

09600SB0072sam001 - 22 - LRB096 02976 RLC 22998 a

1     contractor or subcontractor who is operating within the
2     scope of his employment, where such activities involving
3     such weapon, weapons or ammunition are necessary and
4     incident to fulfilling the terms of such contract.
5         During transportation, any such weapon shall be broken
6     down in a non-functioning state, or not immediately
7     accessible.
8     (d) Subsection 24-1(a)(1) does not apply to the purchase,
9 possession or carrying of a black-jack or slung-shot by a peace
10 officer.
11     (e) Subsection 24-1(a)(8) does not apply to any owner,
12 manager or authorized employee of any place specified in that
13 subsection nor to any law enforcement officer.
14     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
15 Section 24-1.6 do not apply to members of any club or
16 organization organized for the purpose of practicing shooting
17 at targets upon established target ranges, whether public or
18 private, while using their firearms on those target ranges.
19     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
20 to:
21         (1) Members of the Armed Services or Reserve Forces of
22     the United States or the Illinois National Guard, while in
23     the performance of their official duty.
24         (2) Bonafide collectors of antique or surplus military
25     ordinance.
26         (3) Laboratories having a department of forensic

 

 

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1     ballistics, or specializing in the development of
2     ammunition or explosive ordinance.
3         (4) Commerce, preparation, assembly or possession of
4     explosive bullets by manufacturers of ammunition licensed
5     by the federal government, in connection with the supply of
6     those organizations and persons exempted by subdivision
7     (g)(1) of this Section, or like organizations and persons
8     outside this State, or the transportation of explosive
9     bullets to any organization or person exempted in this
10     Section by a common carrier or by a vehicle owned or leased
11     by an exempted manufacturer.
12     (g-5) Subsection 24-1(a)(6) does not apply to or affect
13 persons licensed under federal law to manufacture any device or
14 attachment of any kind designed, used, or intended for use in
15 silencing the report of any firearm, firearms, or ammunition
16 for those firearms equipped with those devices, and actually
17 engaged in the business of manufacturing those devices,
18 firearms, or ammunition, but only with respect to activities
19 that are within the lawful scope of that business, such as the
20 manufacture, transportation, or testing of those devices,
21 firearms, or ammunition. This exemption does not authorize the
22 general private possession of any device or attachment of any
23 kind designed, used, or intended for use in silencing the
24 report of any firearm, but only such possession and activities
25 as are within the lawful scope of a licensed manufacturing
26 business described in this subsection (g-5). During

 

 

09600SB0072sam001 - 24 - LRB096 02976 RLC 22998 a

1 transportation, those devices shall be detached from any weapon
2 or not immediately accessible.
3     (h) An information or indictment based upon a violation of
4 any subsection of this Article need not negative any exemptions
5 contained in this Article. The defendant shall have the burden
6 of proving such an exemption.
7     (i) Nothing in this Article shall prohibit, apply to, or
8 affect the transportation, carrying, or possession, of any
9 pistol or revolver, stun gun, taser, or other firearm consigned
10 to a common carrier operating under license of the State of
11 Illinois or the federal government, where such transportation,
12 carrying, or possession is incident to the lawful
13 transportation in which such common carrier is engaged; and
14 nothing in this Article shall prohibit, apply to, or affect the
15 transportation, carrying, or possession of any pistol,
16 revolver, stun gun, taser, or other firearm, not the subject of
17 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
18 this Article, which is unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container, by the
20 possessor of a valid Firearm Owners Identification Card.
21 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
22 95-885, eff. 1-1-09.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.".