Illinois General Assembly - Full Text of HB0781
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Full Text of HB0781  100th General Assembly

HB0781 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0781

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides that the unlawful use of weapons violation prohibiting a person from selling, manufacturing, purchasing, possessing, or carrying a rifle having one or more barrels less than 16 inches in length does not apply to a rifle with a barrel or barrels less than 16 inches in length if the overall length of the weapon as modified is less than 26 inches and the person selling, manufacturing, purchasing, or possessing the rifle has been issued a Dealer in Firearms Other Than Destructive Devices license or a Manufacturer of Firearms Other Than Destructive Devices license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately.


LRB100 05861 RLC 15886 b

 

 

A BILL FOR

 

HB0781LRB100 05861 RLC 15886 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (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 a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their homes
17    and places of employment. A person shall be considered
18    eligible for this exemption if he or she has completed the
19    required 20 hours of training for a private security
20    contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 20 hours of required firearm training, and has
24    been issued a firearm control card by the Department of
25    Financial and 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. The firearm control card shall be
5    carried by the private security contractor, private
6    detective, or private alarm contractor, or employee of the
7    licensed private security contractor, private detective,
8    or private alarm contractor agency at all times when he or
9    she is in possession of a concealable weapon permitted by
10    his or her firearm control card.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the protection
13    of persons employed and private property related to such
14    commercial or industrial operation, while actually engaged
15    in the performance of his or her duty or traveling between
16    sites or properties belonging to the employer, and who, as
17    a security guard, is a member of a security force
18    registered with the Department of Financial and
19    Professional Regulation; provided that such security guard
20    has successfully completed a course of study, approved by
21    and supervised by the Department of Financial and
22    Professional Regulation, consisting of not less than 40
23    hours of training that includes the theory of law
24    enforcement, liability for acts, and the handling of
25    weapons. A person shall be considered eligible for this
26    exemption if he or she has completed the required 20 hours

 

 

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1    of training for a security officer and 20 hours of required
2    firearm training, and has been issued a firearm control
3    card by the Department of Financial and Professional
4    Regulation. Conditions for the renewal of firearm control
5    cards issued under the provisions of this Section shall be
6    the same as for those cards issued under the provisions of
7    the Private Detective, Private Alarm, Private Security,
8    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
9    control card shall be carried by the security guard at all
10    times when he or she is in possession of a concealable
11    weapon permitted by his or her firearm control card.
12        (7) Agents and investigators of the Illinois
13    Legislative Investigating Commission authorized by the
14    Commission to carry the weapons specified in subsections
15    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
16    any investigation for the Commission.
17        (8) Persons employed by a financial institution as a
18    security guard for the protection of other employees and
19    property related to such financial institution, while
20    actually engaged in the performance of their duties,
21    commuting between their homes and places of employment, or
22    traveling between sites or properties owned or operated by
23    such financial institution, and who, as a security guard,
24    is a member of a security force registered with the
25    Department; provided that any person so employed has
26    successfully completed a course of study, approved by and

 

 

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1    supervised by the Department of Financial and Professional
2    Regulation, consisting of not less than 40 hours of
3    training which includes theory of law enforcement,
4    liability for acts, and the handling of weapons. A person
5    shall be considered to be eligible for this exemption if he
6    or she has completed the required 20 hours of training for
7    a security officer and 20 hours of required firearm
8    training, and has been issued a firearm control card by the
9    Department of Financial and Professional Regulation.
10    Conditions for renewal of firearm control cards issued
11    under the provisions of this Section shall be the same as
12    for those issued under the provisions of the Private
13    Detective, Private Alarm, Private Security, Fingerprint
14    Vendor, and Locksmith Act of 2004. The firearm control card
15    shall be carried by the security guard at all times when he
16    or she is in possession of a concealable weapon permitted
17    by his or her firearm control card. For purposes of this
18    subsection, "financial institution" means a bank, savings
19    and loan association, credit union or company providing
20    armored car services.
21        (9) Any person employed by an armored car company to
22    drive an armored car, while actually engaged in the
23    performance of his duties.
24        (10) Persons who have been classified as peace officers
25    pursuant to the Peace Officer Fire Investigation Act.
26        (11) Investigators of the Office of the State's

 

 

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1    Attorneys Appellate Prosecutor authorized by the board of
2    governors of the Office of the State's Attorneys Appellate
3    Prosecutor to carry weapons pursuant to Section 7.06 of the
4    State's Attorneys Appellate Prosecutor's Act.
5        (12) Special investigators appointed by a State's
6    Attorney under Section 3-9005 of the Counties Code.
7        (12.5) Probation officers while in the performance of
8    their duties, or while commuting between their homes,
9    places of employment or specific locations that are part of
10    their assigned duties, with the consent of the chief judge
11    of the circuit for which they are employed, if they have
12    received weapons training according to requirements of the
13    Peace Officer and Probation Officer Firearm Training Act.
14        (13) Court Security Officers while in the performance
15    of their official duties, or while commuting between their
16    homes and places of employment, with the consent of the
17    Sheriff.
18        (13.5) A person employed as an armed security guard at
19    a nuclear energy, storage, weapons or development site or
20    facility regulated by the Nuclear Regulatory Commission
21    who has completed the background screening and training
22    mandated by the rules and regulations of the Nuclear
23    Regulatory Commission.
24        (14) Manufacture, transportation, or sale of weapons
25    to persons authorized under subdivisions (1) through
26    (13.5) of this subsection to possess those weapons.

 

 

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1    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
2to or affect any person carrying a concealed pistol, revolver,
3or handgun and the person has been issued a currently valid
4license under the Firearm Concealed Carry Act at the time of
5the commission of the offense.
6    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any of the following:
8        (1) Members of any club or organization organized for
9    the purpose of practicing shooting at targets upon
10    established target ranges, whether public or private, and
11    patrons of such ranges, while such members or patrons are
12    using their firearms on those target ranges.
13        (2) Duly authorized military or civil organizations
14    while parading, with the special permission of the
15    Governor.
16        (3) Hunters, trappers or fishermen with a license or
17    permit while engaged in hunting, trapping or fishing.
18        (4) Transportation of weapons that are broken down in a
19    non-functioning state or are not immediately accessible.
20        (5) Carrying or possessing any pistol, revolver, stun
21    gun or taser or other firearm on the land or in the legal
22    dwelling of another person as an invitee with that person's
23    permission.
24    (c) Subsection 24-1(a)(7) does not apply to or affect any
25of the following:
26        (1) Peace officers while in performance of their

 

 

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

 

 

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1        During transportation, such weapons shall be broken
2    down in a non-functioning state or not immediately
3    accessible.
4        (6) The manufacture, transport, testing, delivery,
5    transfer or sale, and all lawful commercial or experimental
6    activities necessary thereto, of rifles, shotguns, and
7    weapons made from rifles or shotguns, or ammunition for
8    such rifles, shotguns or weapons, where engaged in by a
9    person operating as a contractor or subcontractor pursuant
10    to a contract or subcontract for the development and supply
11    of such rifles, shotguns, weapons or ammunition to the
12    United States government or any branch of the Armed Forces
13    of the United States, when such activities are necessary
14    and incident to fulfilling the terms of such contract.
15        The exemption granted under this subdivision (c)(6)
16    shall also apply to any authorized agent of any such
17    contractor or subcontractor who is operating within the
18    scope of his employment, where such activities involving
19    such weapon, weapons or ammunition are necessary and
20    incident to fulfilling the terms of such contract.
21        (7) A person possessing a rifle with a barrel or
22    barrels less than 16 inches in length if the overall length
23    of the weapon as modified is less than 26 inches and:
24            (A) the person purchasing or possessing the rifle
25        has been issued a Curios and Relics license from the
26        U.S. Bureau of Alcohol, Tobacco, Firearms and

 

 

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1        Explosives; or
2            (B) the person purchasing or possessing the rifle
3        is an active member of a bona fide, nationally
4        recognized military re-enacting group and the
5        modification is required and necessary to accurately
6        portray the weapon for historical re-enactment
7        purposes; the re-enactor is in possession of a valid
8        and current re-enacting group membership credential;
9        or
10            (C) the person selling, manufacturing, purchasing,
11        or possessing the rifle has been issued a Dealer in
12        Firearms Other Than Destructive Devices license or a
13        Manufacturer of Firearms Other Than Destructive
14        Devices license from the U.S. Bureau of Alcohol,
15        Tobacco, Firearms and Explosives and the overall
16        length of the weapon as modified is not less than 26
17        inches.
18    (d) Subsection 24-1(a)(1) does not apply to the purchase,
19possession or carrying of a black-jack or slung-shot by a peace
20officer.
21    (e) Subsection 24-1(a)(8) does not apply to any owner,
22manager or authorized employee of any place specified in that
23subsection nor to any law enforcement officer.
24    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25Section 24-1.6 do not apply to members of any club or
26organization organized for the purpose of practicing shooting

 

 

HB0781- 11 -LRB100 05861 RLC 15886 b

1at targets upon established target ranges, whether public or
2private, while using their firearms on those target ranges.
3    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4to:
5        (1) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard, while in
7    the performance of their official duty.
8        (2) Bonafide collectors of antique or surplus military
9    ordnance ordinance.
10        (3) Laboratories having a department of forensic
11    ballistics, or specializing in the development of
12    ammunition or explosive ordnance ordinance.
13        (4) Commerce, preparation, assembly or possession of
14    explosive bullets by manufacturers of ammunition licensed
15    by the federal government, in connection with the supply of
16    those organizations and persons exempted by subdivision
17    (g)(1) of this Section, or like organizations and persons
18    outside this State, or the transportation of explosive
19    bullets to any organization or person exempted in this
20    Section by a common carrier or by a vehicle owned or leased
21    by an exempted manufacturer.
22    (g-5) Subsection 24-1(a)(6) does not apply to or affect
23persons licensed under federal law to manufacture any device or
24attachment of any kind designed, used, or intended for use in
25silencing the report of any firearm, firearms, or ammunition
26for those firearms equipped with those devices, and actually

 

 

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1engaged in the business of manufacturing those devices,
2firearms, or ammunition, but only with respect to activities
3that are within the lawful scope of that business, such as the
4manufacture, transportation, or testing of those devices,
5firearms, or ammunition. This exemption does not authorize the
6general private possession of any device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm, but only such possession and activities
9as are within the lawful scope of a licensed manufacturing
10business described in this subsection (g-5). During
11transportation, these devices shall be detached from any weapon
12or not immediately accessible.
13    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18    (g-7) Subsection 24-1(a)(6) does not apply to a peace
19officer while serving as a member of a tactical response team
20or special operations team. A peace officer may not personally
21own or apply for ownership of a device or attachment of any
22kind designed, used, or intended for use in silencing the
23report of any firearm. These devices shall be owned and
24maintained by lawfully recognized units of government whose
25duties include the investigation of criminal acts.
26    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

 

 

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124-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
2athlete's possession, transport on official Olympic and
3Paralympic transit systems established for athletes, or use of
4competition firearms sanctioned by the International Olympic
5Committee, the International Paralympic Committee, the
6International Shooting Sport Federation, or USA Shooting in
7connection with such athlete's training for and participation
8in shooting competitions at the 2016 Olympic and Paralympic
9Games and sanctioned test events leading up to the 2016 Olympic
10and Paralympic Games.
11    (h) An information or indictment based upon a violation of
12any subsection of this Article need not negative any exemptions
13contained in this Article. The defendant shall have the burden
14of proving such an exemption.
15    (i) Nothing in this Article shall prohibit, apply to, or
16affect the transportation, carrying, or possession, of any
17pistol or revolver, stun gun, taser, or other firearm consigned
18to a common carrier operating under license of the State of
19Illinois or the federal government, where such transportation,
20carrying, or possession is incident to the lawful
21transportation in which such common carrier is engaged; and
22nothing in this Article shall prohibit, apply to, or affect the
23transportation, carrying, or possession of any pistol,
24revolver, stun gun, taser, or other firearm, not the subject of
25and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
26this Article, which is unloaded and enclosed in a case, firearm

 

 

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1carrying box, shipping box, or other container, by the
2possessor of a valid Firearm Owners Identification Card.
3(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
4eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.