Illinois General Assembly - Full Text of SB3510
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Full Text of SB3510  96th General Assembly

SB3510 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3510

 

Introduced 2/10/2010, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9014 new
720 ILCS 5/24-2

    Amends the Counties Code and the Criminal Code of 1961. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes as related to the carrying of firearms do not apply to a State's Attorney who receives training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board or a substantially equivalent entity and who is certified as having successfully completing such training. Provides that the Department of State Police shall determine the amount of such training and the course content for such training. Provides that the State's Attorney shall requalify for the firearms training annually at a State certified range. Provides that the State's Attorney shall register the firearm with the Illinois Department of State Police and with any other local law enforcement agencies that require such registration. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3510 LRB096 18305 RLC 33680 b

1     AN ACT concerning firearms.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by adding Section
5 3-9014 as follows:
 
6     (55 ILCS 5/3-9014 new)
7     Sec. 3-9014. State's Attorneys; off-duty firearms.
8 Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of
9 the Criminal Code of 1961 do not apply to State's Attorneys who
10 meet the following conditions:
11         (1) The State's Attorney must receive training in the
12     use of firearms while off-duty conducted by the Illinois
13     Law Enforcement Training Standards Board or a
14     substantially equivalent entity and be certified as having
15     successfully completing such training. The Department of
16     State Police shall determine the amount of such training
17     and the course content for such training. The State's
18     Attorney shall requalify for the firearms training
19     annually at a State certified range.
20         (2) The State's Attorney shall register the firearm
21     with the Illinois Department of State Police and with any
22     other local law enforcement agencies that require such
23     registration.
 

 

 

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1     Section 10. The Criminal Code of 1961 is amended by
2 changing Section 24-2 as follows:
 
3     (720 ILCS 5/24-2)
4     Sec. 24-2. Exemptions.
5     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
6 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
7 the following:
8         (1) Peace officers, and any person summoned by a peace
9     officer to assist in making arrests or preserving the
10     peace, while actually engaged in assisting such officer.
11         (2) Wardens, superintendents and keepers of prisons,
12     penitentiaries, jails and other institutions for the
13     detention of persons accused or convicted of an offense,
14     while in the performance of their official duty, or while
15     commuting between their homes and places of employment.
16         (3) Members of the Armed Services or Reserve Forces of
17     the United States or the Illinois National Guard or the
18     Reserve Officers Training Corps, while in the performance
19     of their official duty.
20         (4) Special agents employed by a railroad or a public
21     utility to perform police functions, and guards of armored
22     car companies, while actually engaged in the performance of
23     the duties of their employment or commuting between their
24     homes and places of employment; and watchmen while actually

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     accessible.
2     (d) Subsection 24-1(a)(1) does not apply to the purchase,
3 possession or carrying of a black-jack or slung-shot by a peace
4 officer.
5     (e) Subsection 24-1(a)(8) does not apply to any owner,
6 manager or authorized employee of any place specified in that
7 subsection nor to any law enforcement officer.
8     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
9 Section 24-1.6 do not apply to members of any club or
10 organization organized for the purpose of practicing shooting
11 at targets upon established target ranges, whether public or
12 private, while using their firearms on those target ranges.
13     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
14 to:
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     ordinance.
20         (3) Laboratories having a department of forensic
21     ballistics, or specializing in the development of
22     ammunition or explosive ordinance.
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 of
26     those organizations and persons exempted by subdivision

 

 

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

 

 

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1 Corrections.
2     (g-7) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
3 24-1.6 do not apply to or affect any State's Attorney who meets
4 the qualifications and conditions prescribed in Section 3-9014
5 of the Counties Code.
6     (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
7 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8 athlete's possession, transport on official Olympic and
9 Paralympic transit systems established for athletes, or use of
10 competition firearms sanctioned by the International Olympic
11 Committee, the International Paralympic Committee, the
12 International Shooting Sport Federation, or USA Shooting in
13 connection with such athlete's training for and participation
14 in shooting competitions at the 2016 Olympic and Paralympic
15 Games and sanctioned test events leading up to the 2016 Olympic
16 and Paralympic Games.
17     (h) An information or indictment based upon a violation of
18 any subsection of this Article need not negative any exemptions
19 contained in this Article. The defendant shall have the burden
20 of proving such an exemption.
21     (i) Nothing in this Article shall prohibit, apply to, or
22 affect the transportation, carrying, or possession, of any
23 pistol or revolver, stun gun, taser, or other firearm consigned
24 to a common carrier operating under license of the State of
25 Illinois or the federal government, where such transportation,
26 carrying, or possession is incident to the lawful

 

 

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1 transportation in which such common carrier is engaged; and
2 nothing in this Article shall prohibit, apply to, or affect the
3 transportation, carrying, or possession of any pistol,
4 revolver, stun gun, taser, or other firearm, not the subject of
5 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6 this Article, which is unloaded and enclosed in a case, firearm
7 carrying box, shipping box, or other container, by the
8 possessor of a valid Firearm Owners Identification Card.
9 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
10 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
11 96-742, eff. 8-25-09; revised 10-9-09.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.