Illinois General Assembly - Full Text of HB0182
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Full Text of HB0182  96th General Assembly

HB0182enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 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
17     knife, or a ballistic knife, which is a device that propels
18     a knifelike blade as a projectile by means of a coil
19     spring, elastic material or compressed gas; or
20         (2) Carries or possesses with intent to use the same
21     unlawfully against another, a dagger, dirk, billy,
22     dangerous knife, razor, stiletto, broken bottle or other
23     piece of glass, stun gun or taser or any other dangerous or

 

 

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1     deadly weapon or instrument of like character; or
2         (3) Carries on or about his person or in any vehicle, a
3     tear gas gun projector or bomb or any object containing
4     noxious liquid gas or substance, other than an object
5     containing a non-lethal noxious liquid gas or substance
6     designed solely for personal defense carried by a person 18
7     years of age or older; or
8         (4) Carries or possesses in any vehicle or concealed on
9     or about his person except when on his land or in his own
10     abode, legal dwelling, or fixed place of business, or on
11     the land or in the legal dwelling of another person as an
12     invitee with that person's permission, any pistol,
13     revolver, stun gun or taser or other firearm, except that
14     this subsection (a) (4) does not apply to or affect
15     transportation of weapons that meet one of the following
16     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,
23     legal dwelling, or fixed place of business, or on the land
24     or in the legal dwelling of another person as an invitee
25     with that person's permission, any pistol, revolver, stun
26     gun or taser or other firearm, except that this subsection

 

 

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1     (a) (10) does not apply to or affect transportation of
2     weapons that meet one of the following conditions:
3             (i) are broken down in a non-functioning state; or
4             (ii) are not immediately accessible; or
5             (iii) are unloaded and enclosed in a case, firearm
6         carrying box, shipping box, or other container by a
7         person who has been issued a currently valid Firearm
8         Owner's Identification Card.
9         A "stun gun or taser", as used in this paragraph (a)
10     means (i) any device which is powered by electrical
11     charging units, such as, batteries, and which fires one or
12     several barbs attached to a length of wire and which, upon
13     hitting a human, can send out a current capable of
14     disrupting the person's nervous system in such a manner as
15     to render him incapable of normal functioning or (ii) any
16     device which is powered by electrical charging units, such
17     as batteries, and which, upon contact with a human or
18     clothing worn by a human, can send out current capable of
19     disrupting the person's nervous system in such a manner as
20     to render him incapable of normal functioning; or
21         (11) Sells, manufactures or purchases any explosive
22     bullet. For purposes of this paragraph (a) "explosive
23     bullet" means the projectile portion of an ammunition
24     cartridge which contains or carries an explosive charge
25     which will explode upon contact with the flesh of a human
26     or an animal. "Cartridge" means a tubular metal case having

 

 

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1     a projectile affixed at the front thereof and a cap or
2     primer at the rear end thereof, with the propellant
3     contained in such tube between the projectile and the cap;
4     or
5         (12) (Blank); or
6         (13) Carries or possesses on or about his or her person
7     while in a building occupied by a unit of government, a
8     billy club, other weapon of like character, or other
9     instrument of like character intended for use as a weapon.
10     For the purposes of this Section, "billy club" means a
11     short stick or club commonly carried by police officers
12     which is either telescopic or constructed of a solid piece
13     of wood or other man-made material.
14     (b) Sentence. A person convicted of a violation of
15 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
16 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
17 Class A misdemeanor. A person convicted of a violation of
18 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
19 person convicted of a violation of subsection 24-1(a)(6) or
20 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
21 convicted of a violation of subsection 24-1(a)(7)(i) commits a
22 Class 2 felony and shall be sentenced to a term of imprisonment
23 of not less than 3 years and not more than 7 years, unless the
24 weapon is possessed in the passenger compartment of a motor
25 vehicle as defined in Section 1-146 of the Illinois Vehicle
26 Code, or on the person, while the weapon is loaded, in which

 

 

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1 case it shall be a Class X felony. A person convicted of a
2 second or subsequent violation of subsection 24-1(a)(4),
3 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
4 felony. The possession of each weapon in violation of this
5 Section constitutes a single and separate violation.
6     (c) Violations in specific places.
7         (1) A person who violates subsection 24-1(a)(6) or
8     24-1(a)(7) in any school, regardless of the time of day or
9     the time of year, in residential property owned, operated
10     or managed by a public housing agency or leased by a public
11     housing agency as part of a scattered site or mixed-income
12     development, in a public park, in a courthouse, on the real
13     property comprising any school, regardless of the time of
14     day or the time of year, on residential property owned,
15     operated or managed by a public housing agency or leased by
16     a public housing agency as part of a scattered site or
17     mixed-income development, on the real property comprising
18     any public park, on the real property comprising any
19     courthouse, in any conveyance owned, leased or contracted
20     by a school to transport students to or from school or a
21     school related activity, or on any public way within 1,000
22     feet of the real property comprising any school, public
23     park, courthouse, or residential property owned, operated,
24     or managed by a public housing agency or leased by a public
25     housing agency as part of a scattered site or mixed-income
26     development commits a Class 2 felony and shall be sentenced

 

 

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1     to a term of imprisonment of not less than 3 years and not
2     more than 7 years.
3         (1.5) A person who violates subsection 24-1(a)(4),
4     24-1(a)(9), or 24-1(a)(10) 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
12     public housing agency or leased by a public housing agency
13     as part of a scattered site or mixed-income development, on
14     the 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 3 felony.
24         (2) A person who violates subsection 24-1(a)(1),
25     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26     time of day or the time of year, in residential property

 

 

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1     owned, operated or managed by a public housing agency or
2     leased by a public housing agency as part of a scattered
3     site or mixed-income development, in a public park, in a
4     courthouse, on the real property comprising any school,
5     regardless of the time of day or the time of year, on
6     residential property owned, operated or managed by a public
7     housing agency or leased by a public housing agency as part
8     of a scattered site or mixed-income development, on the
9     real property comprising any public park, on the real
10     property comprising any courthouse, in any conveyance
11     owned, leased or contracted by a school to transport
12     students to or from school or a school related activity, or
13     on any public way within 1,000 feet of the real property
14     comprising any school, public park, courthouse, or
15     residential property owned, operated, or managed by a
16     public housing agency or leased by a public housing agency
17     as part of a scattered site or mixed-income development
18     commits a Class 4 felony. "Courthouse" means any building
19     that is used by the Circuit, Appellate, or Supreme Court of
20     this State for the conduct of official business.
21         (3) Paragraphs (1), (1.5), and (2) of this subsection
22     (c) shall not apply to law enforcement officers or security
23     officers of such school, college, or university or to
24     students carrying or possessing firearms for use in
25     training courses, parades, hunting, target shooting on
26     school ranges, or otherwise with the consent of school

 

 

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1     authorities and which firearms are transported unloaded
2     enclosed in a suitable case, box, or transportation
3     package.
4         (4) For the purposes of this subsection (c), "school"
5     means any public or private elementary or secondary school,
6     community college, college, or university.
7     (d) The presence in an automobile other than a public
8 omnibus of any weapon, instrument or substance referred to in
9 subsection (a)(7) is prima facie evidence that it is in the
10 possession of, and is being carried by, all persons occupying
11 such automobile at the time such weapon, instrument or
12 substance is found, except under the following circumstances:
13 (i) if such weapon, instrument or instrumentality is found upon
14 the person of one of the occupants therein; or (ii) if such
15 weapon, instrument or substance is found in an automobile
16 operated for hire by a duly licensed driver in the due, lawful
17 and proper pursuit of his trade, then such presumption shall
18 not apply to the driver.
19     (e) Exemptions. Crossbows, Common or Compound bows and
20 Underwater Spearguns are exempted from the definition of
21 ballistic knife as defined in paragraph (1) of subsection (a)
22 of this Section.
23 (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
24 eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
25 9-5-08.)
 

 

 

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1     (720 ILCS 5/24-1.6)
2     Sec. 24-1.6. Aggravated unlawful use of a weapon.
3     (a) A person commits the offense of aggravated unlawful use
4 of a weapon when he or she knowingly:
5         (1) Carries on or about his or her person or in any
6     vehicle or concealed on or about his or her person except
7     when on his or her land or in his or her abode, legal
8     dwelling, or fixed place of business, or on the land or in
9     the legal dwelling of another person as an invitee with
10     that person's permission, any pistol, revolver, stun gun or
11     taser or other firearm; or
12         (2) Carries or possesses on or about his or her person,
13     upon any public street, alley, or other public lands within
14     the corporate limits of a city, village or incorporated
15     town, except when an invitee thereon or therein, for the
16     purpose of the display of such weapon or the lawful
17     commerce in weapons, or except when on his or her own land
18     or in his or her own abode, legal dwelling, or fixed place
19     of business, or on the land or in the legal dwelling of
20     another person as an invitee with that person's permission,
21     any pistol, revolver, stun gun or taser or other firearm;
22     and
23         (3) One of the following factors is present:
24             (A) the firearm possessed was uncased, loaded and
25         immediately accessible at the time of the offense; or
26             (B) the firearm possessed was uncased, unloaded

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     the same as for those issued under the provisions of the
2     Private Detective, Private Alarm, Private Security,
3     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4     control card shall be carried by the person so trained at
5     all times when such person is in possession of a
6     concealable weapon. For purposes of this subsection,
7     "financial institution" means a bank, savings and loan
8     association, credit union or company providing armored car
9     services.
10         (9) Any person employed by an armored car company to
11     drive an armored car, while actually engaged in the
12     performance of his duties.
13         (10) Persons who have been classified as peace officers
14     pursuant to the Peace Officer Fire Investigation 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 the
19     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 of
25     their assigned duties, with the consent of the chief judge
26     of the circuit for which they are employed.

 

 

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1         (13) Court Security Officers while in the performance
2     of their official duties, or while commuting between their
3     homes and places of employment, with the consent of the
4     Sheriff.
5         (13.5) A person employed as an armed security guard at
6     a nuclear energy, storage, weapons or development site or
7     facility regulated by the Nuclear Regulatory Commission
8     who has completed the background screening and training
9     mandated by the rules and regulations of the Nuclear
10     Regulatory Commission.
11         (14) Manufacture, transportation, or sale of weapons
12     to persons authorized under subdivisions (1) through
13     (13.5) of this subsection to possess those weapons.
14     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
15 24-1.6 do not apply to or affect any of the following:
16         (1) Members of any club or organization organized for
17     the purpose of practicing shooting at targets upon
18     established target ranges, whether public or private, and
19     patrons of such ranges, while such members or patrons are
20     using their firearms on those target ranges.
21         (2) Duly authorized military or civil organizations
22     while parading, with the special permission of the
23     Governor.
24         (3) Hunters, trappers or fishermen with a license or
25     permit while engaged in hunting, trapping or fishing.
26         (4) Transportation of weapons that are broken down in a

 

 

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1     non-functioning state or are not immediately accessible.
2         (5) Carrying or possessing any pistol, revolver, stun
3     gun or taser or other firearm on the land or in the legal
4     dwelling of another person as an invitee with that person's
5     permission.
6     (c) Subsection 24-1(a)(7) does not apply to or affect any
7 of the following:
8         (1) Peace officers while in performance of their
9     official duties.
10         (2) Wardens, superintendents and keepers of prisons,
11     penitentiaries, jails and other institutions for the
12     detention of persons accused or convicted of an offense.
13         (3) Members of the Armed Services or Reserve Forces of
14     the United States or the Illinois National Guard, while in
15     the performance of their official duty.
16         (4) Manufacture, transportation, or sale of machine
17     guns to persons authorized under subdivisions (1) through
18     (3) of this subsection to possess machine guns, if the
19     machine guns are broken down in a non-functioning state or
20     are not immediately accessible.
21         (5) Persons licensed under federal law to manufacture
22     any weapon from which 8 or more shots or bullets can be
23     discharged by a single function of the firing device, or
24     ammunition for such weapons, and actually engaged in the
25     business of manufacturing such weapons or ammunition, but
26     only with respect to activities which are within the lawful

 

 

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

 

 

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

 

 

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

 

 

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