Full Text of SB1139 101st General Assembly
SB1139ham002 101ST GENERAL ASSEMBLY | Rep. Monica Bristow Filed: 5/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 1139
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by | 3 | | replacing lines 4 and 5 with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. Application for Firearm Owner's Identification | 8 | | Cards. | 9 | | (a) Each applicant for a Firearm Owner's Identification | 10 | | Card must:
| 11 | | (1) Make application on blank forms prepared and | 12 | | furnished at convenient
locations throughout the State by | 13 | | the Department of State Police, or by
electronic means, if | 14 | | and when made available by the Department of State
Police; | 15 | | and
| 16 | | (2) Submit evidence to the Department of State Police |
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| 1 | | that:
| 2 | | (i) This subparagraph (i) applies through the | 3 | | 180th day following the effective date of this | 4 | | amendatory Act of the 101st General Assembly. He or she | 5 | | is 21 years of age or over, or if he or she is under 21
| 6 | | years of age that he or she has the written consent of | 7 | | his or her parent or
legal guardian to possess and | 8 | | acquire firearms and firearm ammunition and that
he or | 9 | | she has never been convicted of a misdemeanor other | 10 | | than a traffic
offense or adjudged
delinquent, | 11 | | provided, however, that such parent or legal guardian | 12 | | is not an
individual prohibited from having a Firearm | 13 | | Owner's Identification Card and
files an affidavit | 14 | | with the Department as prescribed by the Department
| 15 | | stating that he or she is not an individual prohibited | 16 | | from having a Card; | 17 | | (i-5) This subparagraph (i-5) applies on and | 18 | | after the 181st day following the effective date of | 19 | | this amendatory Act of the 101st General Assembly. He | 20 | | or she is 21 years of age or over, or if he or she is | 21 | | under 21
years of age that he or she has never been | 22 | | convicted of a misdemeanor other than a traffic offense | 23 | | or adjudged delinquent and is an active duty member of | 24 | | the United States Armed Forces or has the written | 25 | | consent of his or her parent or
legal guardian to | 26 | | possess and acquire firearms and firearm ammunition, |
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| 1 | | provided, however, that such parent or legal guardian | 2 | | is not an
individual prohibited from having a Firearm | 3 | | Owner's Identification Card and
files an affidavit | 4 | | with the Department as prescribed by the Department
| 5 | | stating that he or she is not an individual prohibited | 6 | | from having a Card or the active duty member of the | 7 | | United States Armed Forces under 21 years of age | 8 | | annually submits proof to the Department of State | 9 | | Police, in a manner prescribed by the Department;
| 10 | | (ii) He or she has not been convicted of a felony | 11 | | under the laws of
this or any other jurisdiction;
| 12 | | (iii) He or she is not addicted to narcotics;
| 13 | | (iv) He or she has not been a patient in a mental | 14 | | health facility within
the past 5 years or, if he or | 15 | | she has been a patient in a mental health facility more | 16 | | than 5 years ago submit the certification required | 17 | | under subsection (u) of Section 8 of this Act;
| 18 | | (v) He or she is not a person with an intellectual | 19 | | disability;
| 20 | | (vi) He or she is not an alien who is unlawfully | 21 | | present in the
United States under the laws of the | 22 | | United States;
| 23 | | (vii) He or she is not subject to an existing order | 24 | | of protection
prohibiting him or her from possessing a | 25 | | firearm;
| 26 | | (viii) He or she has not been convicted within the |
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| 1 | | past 5 years of
battery, assault, aggravated assault, | 2 | | violation of an order of
protection, or a substantially | 3 | | similar offense in another jurisdiction, in
which a | 4 | | firearm was used or possessed;
| 5 | | (ix) He or she has not been convicted of domestic | 6 | | battery, aggravated domestic battery, or a
| 7 | | substantially similar offense in another
jurisdiction | 8 | | committed before, on or after January 1, 2012 (the | 9 | | effective date of Public Act 97-158). If the applicant | 10 | | knowingly and intelligently waives the right to have an | 11 | | offense described in this clause (ix) tried by a jury, | 12 | | and by guilty plea or otherwise, results in a | 13 | | conviction for an offense in which a domestic | 14 | | relationship is not a required element of the offense | 15 | | but in which a determination of the applicability of 18 | 16 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 17 | | Code of Criminal Procedure of 1963, an entry by the | 18 | | court of a judgment of conviction for that offense | 19 | | shall be grounds for denying the issuance of a Firearm | 20 | | Owner's Identification Card under this Section;
| 21 | | (x) (Blank);
| 22 | | (xi) He or she is not an alien who has been | 23 | | admitted to the United
States under a non-immigrant | 24 | | visa (as that term is defined in Section
101(a)(26) of | 25 | | the Immigration and Nationality Act (8 U.S.C. | 26 | | 1101(a)(26))),
or that he or she is an alien who has |
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| 1 | | been lawfully admitted to the United
States under a | 2 | | non-immigrant visa if that alien is:
| 3 | | (1) admitted to the United States for lawful | 4 | | hunting or sporting
purposes;
| 5 | | (2) an official representative of a foreign | 6 | | government who is:
| 7 | | (A) accredited to the United States | 8 | | Government or the Government's
mission to an | 9 | | international organization having its | 10 | | headquarters in the United
States; or
| 11 | | (B) en route to or from another country to | 12 | | which that alien is
accredited;
| 13 | | (3) an official of a foreign government or | 14 | | distinguished foreign
visitor who has been so | 15 | | designated by the Department of State;
| 16 | | (4) a foreign law enforcement officer of a | 17 | | friendly foreign
government entering the United | 18 | | States on official business; or
| 19 | | (5) one who has received a waiver from the | 20 | | Attorney General of the
United States pursuant to | 21 | | 18 U.S.C. 922(y)(3);
| 22 | | (xii) He or she is not a minor subject to a | 23 | | petition filed
under Section 5-520 of the Juvenile | 24 | | Court Act of 1987 alleging that the
minor is a | 25 | | delinquent minor for the commission of an offense that | 26 | | if
committed by an adult would be a felony;
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| 1 | | (xiii) He or she is not an adult who had been | 2 | | adjudicated a delinquent
minor under the Juvenile | 3 | | Court Act of 1987 for the commission of an offense
that | 4 | | if committed by an adult would be a felony;
| 5 | | (xiv) He or she is a resident of the State of | 6 | | Illinois; | 7 | | (xv) He or she has not been adjudicated as a person | 8 | | with a mental disability; | 9 | | (xvi) He or she has not been involuntarily admitted | 10 | | into a mental health facility; and | 11 | | (xvii) He or she is not a person with a | 12 | | developmental disability; and
| 13 | | (3) Upon request by the Department of State Police, | 14 | | sign a release on a
form prescribed by the Department of | 15 | | State Police waiving any right to
confidentiality and | 16 | | requesting the disclosure to the Department of State Police
| 17 | | of limited mental health institution admission information | 18 | | from another state,
the District of Columbia, any other | 19 | | territory of the United States, or a
foreign nation | 20 | | concerning the applicant for the sole purpose of | 21 | | determining
whether the applicant is or was a patient in a | 22 | | mental health institution and
disqualified because of that | 23 | | status from receiving a Firearm Owner's
Identification | 24 | | Card. No mental health care or treatment records may be
| 25 | | requested. The information received shall be destroyed | 26 | | within one year of
receipt.
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| 1 | | (a-5) Each applicant for a Firearm Owner's Identification | 2 | | Card who is over
the age of 18 shall furnish to the Department | 3 | | of State Police either his or
her Illinois driver's license | 4 | | number or Illinois Identification Card number, except as
| 5 | | provided in subsection (a-10).
| 6 | | (a-10) Each applicant for a Firearm Owner's Identification | 7 | | Card,
who is employed as a law enforcement officer, an armed | 8 | | security officer in Illinois, or by the United States Military
| 9 | | permanently assigned in Illinois and who is not an Illinois | 10 | | resident, shall furnish to
the Department of State Police his | 11 | | or her driver's license number or state
identification card | 12 | | number from his or her state of residence. The Department
of | 13 | | State Police may adopt rules to enforce the provisions of this
| 14 | | subsection (a-10).
| 15 | | (a-15) If an applicant applying for a Firearm Owner's | 16 | | Identification Card moves from the residence address named in | 17 | | the application, he or she shall immediately notify in a form | 18 | | and manner prescribed by the Department of State Police of that | 19 | | change of address. | 20 | | (a-20) Each applicant for a Firearm Owner's Identification | 21 | | Card shall furnish to the Department of State Police his or her | 22 | | photograph. An applicant who is 21 years of age or older | 23 | | seeking a religious exemption to the photograph requirement | 24 | | must furnish with the application an approved copy of United | 25 | | States Department of the Treasury Internal Revenue Service Form | 26 | | 4029. In lieu of a photograph, an applicant regardless of age |
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| 1 | | seeking a religious exemption to the photograph requirement | 2 | | shall submit fingerprints on a form and manner prescribed by | 3 | | the Department with his or her application. | 4 | | (b) Each application form shall include the following | 5 | | statement printed in
bold type: "Warning: Entering false | 6 | | information on an application for a Firearm
Owner's | 7 | | Identification Card is punishable as a Class 2 felony in | 8 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 9 | | Owners Identification Card
Act.".
| 10 | | (c) Upon such written consent, pursuant to Section 4, | 11 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 12 | | consent shall be liable for any
damages resulting from the | 13 | | applicant's use of firearms or firearm ammunition.
| 14 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 15 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 16 | | Sec. 8. Grounds for denial and revocation. The Department | 17 | | of State Police has authority to deny an
application for or to | 18 | | revoke and seize a Firearm Owner's Identification
Card | 19 | | previously issued under this Act only if the Department finds | 20 | | that the
applicant or the person to whom such card was issued | 21 | | is or was at the time
of issuance:
| 22 | | (a) A person under 21 years of age who has been | 23 | | convicted of a
misdemeanor other than a traffic offense or | 24 | | adjudged delinquent;
| 25 | | (b) This subsection (b) applies through the 180th day |
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| 1 | | following the effective date of this amendatory Act of the | 2 | | 101st General Assembly. A person under 21 years of age who | 3 | | does not have the written consent
of his parent or guardian | 4 | | to acquire and possess firearms and firearm
ammunition, or | 5 | | whose parent or guardian has revoked such written consent,
| 6 | | or where such parent or guardian does not qualify to have a | 7 | | Firearm Owner's
Identification Card; | 8 | | (b-5) This subsection (b-5) applies on and after the | 9 | | 181st day following the effective date of this amendatory | 10 | | Act of the 101st General Assembly. A person under 21 years | 11 | | of age who is not an active duty member of the United | 12 | | States Armed Forces and does not have the written consent
| 13 | | of his or her parent or guardian to acquire and possess | 14 | | firearms and firearm
ammunition, or whose parent or | 15 | | guardian has revoked such written consent,
or where such | 16 | | parent or guardian does not qualify to have a Firearm | 17 | | Owner's
Identification Card;
| 18 | | (c) A person convicted of a felony under the laws of | 19 | | this or any other
jurisdiction;
| 20 | | (d) A person addicted to narcotics;
| 21 | | (e) A person who has been a patient of a mental health | 22 | | facility within the
past 5 years or a person who has been a | 23 | | patient in a mental health facility more than 5 years ago | 24 | | who has not received the certification required under | 25 | | subsection (u) of this Section. An active law enforcement | 26 | | officer employed by a unit of government who is denied, |
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| 1 | | revoked, or has his or her Firearm Owner's Identification | 2 | | Card seized under this subsection (e) may obtain relief as | 3 | | described in subsection (c-5) of Section 10 of this Act if | 4 | | the officer did not act in a manner threatening to the | 5 | | officer, another person, or the public as determined by the | 6 | | treating clinical psychologist or physician, and the | 7 | | officer seeks mental health treatment;
| 8 | | (f) A person whose mental condition is of such a nature | 9 | | that it poses
a clear and present danger to the applicant, | 10 | | any other person or persons or
the community;
| 11 | | (g) A person who has an intellectual disability;
| 12 | | (h) A person who intentionally makes a false statement | 13 | | in the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United | 15 | | States under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United | 17 | | States under a
non-immigrant visa (as that term is defined | 18 | | in Section 101(a)(26) of the
Immigration and Nationality | 19 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 20 | | (i-5) does not apply to any alien who has been lawfully | 21 | | admitted to
the United States under a non-immigrant visa if | 22 | | that alien is:
| 23 | | (1) admitted to the United States for lawful | 24 | | hunting or sporting purposes;
| 25 | | (2) an official representative of a foreign | 26 | | government who is:
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| 1 | | (A) accredited to the United States Government | 2 | | or the Government's
mission to an international | 3 | | organization having its headquarters in the United
| 4 | | States; or
| 5 | | (B) en route to or from another country to | 6 | | which that alien is
accredited;
| 7 | | (3) an official of a foreign government or | 8 | | distinguished foreign visitor
who has been so | 9 | | designated by the Department of State;
| 10 | | (4) a foreign law enforcement officer of a friendly | 11 | | foreign government
entering the United States on | 12 | | official business; or
| 13 | | (5) one who has received a waiver from the Attorney | 14 | | General of the United
States pursuant to 18 U.S.C. | 15 | | 922(y)(3);
| 16 | | (j) (Blank);
| 17 | | (k) A person who has been convicted within the past 5 | 18 | | years of battery,
assault, aggravated assault, violation | 19 | | of an order of protection, or a
substantially similar | 20 | | offense in another jurisdiction, in which a firearm was
| 21 | | used or possessed;
| 22 | | (l) A person who has been convicted of domestic | 23 | | battery, aggravated domestic battery, or a substantially
| 24 | | similar offense in another jurisdiction committed before, | 25 | | on or after January 1, 2012 (the effective date of Public | 26 | | Act 97-158). If the applicant or person who has been |
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| 1 | | previously issued a Firearm Owner's Identification Card | 2 | | under this Act knowingly and intelligently waives the right | 3 | | to have an offense described in this paragraph (l) tried by | 4 | | a jury, and by guilty plea or otherwise, results in a | 5 | | conviction for an offense in which a domestic relationship | 6 | | is not a required element of the offense but in which a | 7 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 8 | | is made under Section 112A-11.1 of the Code of Criminal | 9 | | Procedure of 1963, an entry by the court of a judgment of | 10 | | conviction for that offense shall be grounds for denying an | 11 | | application for and for revoking and seizing a Firearm | 12 | | Owner's Identification Card previously issued to the | 13 | | person under this Act;
| 14 | | (m) (Blank);
| 15 | | (n) A person who is prohibited from acquiring or | 16 | | possessing
firearms or firearm ammunition by any Illinois | 17 | | State statute or by federal
law;
| 18 | | (o) A minor subject to a petition filed under Section | 19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 20 | | minor is a delinquent minor for
the commission of an | 21 | | offense that if committed by an adult would be a felony;
| 22 | | (p) An adult who had been adjudicated a delinquent | 23 | | minor under the Juvenile
Court Act of 1987 for the | 24 | | commission of an offense that if committed by an
adult | 25 | | would be a felony;
| 26 | | (q) A person who is not a resident of the State of |
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| 1 | | Illinois, except as provided in subsection (a-10) of | 2 | | Section 4; | 3 | | (r) A person who has been adjudicated as a person with | 4 | | a mental disability; | 5 | | (s) A person who has been found to have a developmental | 6 | | disability; | 7 | | (t) A person involuntarily admitted into a mental | 8 | | health facility; or | 9 | | (u) A person who has had his or her Firearm Owner's | 10 | | Identification Card revoked or denied under subsection (e) | 11 | | of this Section or item (iv) of paragraph (2) of subsection | 12 | | (a) of Section 4 of this Act because he or she was a | 13 | | patient in a mental health facility as provided in | 14 | | subsection (e) of this Section, shall not be permitted to | 15 | | obtain a Firearm Owner's Identification Card, after the | 16 | | 5-year period has lapsed, unless he or she has received a | 17 | | mental health evaluation by a physician, clinical | 18 | | psychologist, or qualified examiner as those terms are | 19 | | defined in the Mental Health and Developmental | 20 | | Disabilities Code, and has received a certification that he | 21 | | or she is not a clear and present danger to himself, | 22 | | herself, or others. The physician, clinical psychologist, | 23 | | or qualified examiner making the certification and his or | 24 | | her employer shall not be held criminally, civilly, or | 25 | | professionally liable for making or not making the | 26 | | certification required under this subsection, except for |
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| 1 | | willful or wanton misconduct. This subsection does not | 2 | | apply to a person whose firearm possession rights have been | 3 | | restored through administrative or judicial action under | 4 | | Section 10 or 11 of this Act. | 5 | | Upon revocation of a person's Firearm Owner's | 6 | | Identification Card, the Department of State Police shall | 7 | | provide notice to the person and the person shall comply with | 8 | | Section 9.5 of this Act. | 9 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 10 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 11 | | Section 10. The Firearm Concealed Carry Act is amended by | 12 | | changing Section 50 as follows: | 13 | | (430 ILCS 66/50)
| 14 | | Sec. 50. License renewal. | 15 | | (a) This subsection (a) applies through the 180th day | 16 | | following the effective date of this amendatory Act of the | 17 | | 101st General Assembly. Applications for renewal of a license | 18 | | shall be made to the Department. A license shall be renewed for | 19 | | a period of 5 years upon receipt of a completed renewal | 20 | | application, completion of 3 hours of training required under | 21 | | Section 75 of this Act, payment of the applicable renewal fee, | 22 | | and completion of an investigation under Section 35 of this | 23 | | Act. The renewal application shall contain the information | 24 | | required in Section 30 of this Act, except that the applicant |
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| 1 | | need not resubmit a full set of fingerprints. | 2 | | (b) This subsection (b) applies on and after the 181st day | 3 | | following the effective date of this amendatory Act of the | 4 | | 101st General Assembly. Applications for renewal of a license | 5 | | shall be made to the Department. A license shall be renewed for | 6 | | a period of 5 years from the date of expiration on the | 7 | | applicant's current license upon the receipt of a completed | 8 | | renewal application, completion of 3 hours of training required | 9 | | under Section 75 of this Act, payment of the applicable renewal | 10 | | fee, and completion of an investigation under Section 35 of | 11 | | this Act. The renewal application shall contain the information | 12 | | required in Section 30 of this Act, except that the applicant | 13 | | need not resubmit a full set of fingerprints.
| 14 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 15 | | Section 15. The Firearm Dealer License Certification Act is | 16 | | amended by changing Sections 5-5 and 5-25 as follows: | 17 | | (430 ILCS 68/5-5)
| 18 | | Sec. 5-5. Definitions. In this Act: | 19 | | "Certified licensee" means a licensee that has previously | 20 | | certified its license with the Department
under this Act. | 21 | | "Department" means the Department of State Police. | 22 | | "Director" means the Director of State Police. | 23 | | "Entity" means any person, firm, corporation, group of | 24 | | individuals, or other legal entity. |
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| 1 | | "Inventory" means firearms in the possession of an | 2 | | individual or entity for the purpose of sale or
transfer.
| 3 | | "License" means a Federal Firearms License authorizing a | 4 | | person or entity to engage in the business of
dealing firearms.
| 5 | | "Licensee" means a person, firm, corporation, or other | 6 | | entity who has been given, and is currently in
possession of, a | 7 | | valid Federal Firearms License. | 8 | | "Retail location" means a store open to the public from | 9 | | which a certified licensee
engages in the business of selling, | 10 | | transferring, or facilitating a sale or transfer of a firearm.
| 11 | | For purposes of this Act, the World Shooting and Recreational | 12 | | Complex, a gun show , or similar event at which a certified | 13 | | licensee engages in business from time to time is not a retail | 14 | | location.
| 15 | | (Source: P.A. 100-1178, eff. 1-18-19.) | 16 | | (430 ILCS 68/5-25)
| 17 | | Sec. 5-25. Exemptions. | 18 | | The provisions of this Act related
to the certification of | 19 | | a license do not apply to a
person or entity that engages in | 20 | | the following
activities: | 21 | | (1) temporary transfers of firearms solely for use at | 22 | | the
location or on the premises where the transfer takes | 23 | | place,
such as transfers at a shooting range for use at | 24 | | that location; | 25 | | (2) temporary transfers of firearms solely for use |
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| 1 | | while in
the presence of the transferor or transfers for | 2 | | the
purposes of firearm safety training by a firearms | 3 | | safety training instructor; | 4 | | (3) transfers of firearms among immediate family or
| 5 | | household members, as "immediate family or household | 6 | | member" is
defined in Section 3-2.7-10 of the Unified Code | 7 | | of Corrections, provided that both the transferor and | 8 | | transferee have a currently valid Firearm Owner's | 9 | | Identification Card; however, this paragraph (3) does not | 10 | | limit the familial gift exemption under paragraph (2) of | 11 | | subsection (a-15) of Section 3 of the Firearm Owners | 12 | | Identification Card Act; | 13 | | (4) transfers by persons or entities acting under | 14 | | operation
of law or a court order; | 15 | | (5) transfers by persons or entities liquidating all or
| 16 | | part of a collection. For purposes of this paragraph (5),
| 17 | | "collection" means 2 or more firearms which are of special
| 18 | | interest to collectors by reason of some quality other than | 19 | | is
associated with firearms intended for sporting use or as
| 20 | | offensive or defensive weapons; | 21 | | (6) transfers of firearms that have been rendered
| 22 | | permanently inoperable to a nonprofit historical society,
| 23 | | museum, or institutional collection; | 24 | | (7) transfers by a law enforcement or corrections | 25 | | agency or
a law enforcement or corrections officer acting | 26 | | within the
course and scope of his or her official duties; |
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| 1 | | (8) transfers to a State or local law enforcement | 2 | | agency by a person who has his or her Firearm
Owner's | 3 | | Identification Card revoked; | 4 | | (9) transfers of curios and relics, as defined under
| 5 | | federal law, between collectors licensed under subsection | 6 | | (b)
of Section 923 of the federal Gun Control Act of 1968; | 7 | | (10) transfers by a person or entity licensed as an | 8 | | auctioneer under the Auction License Act; or | 9 | | (10.5) transfers of firearms to a resident registered | 10 | | competitor or attendee or non-resident registered | 11 | | competitor or attendee by a licensed federal firearms | 12 | | dealer under Section 923 of the federal Gun Control Act of | 13 | | 1968 at a competitive shooting event held at the World | 14 | | Shooting and Recreational Complex that is sanctioned by a | 15 | | national governing body; or | 16 | | (11) transfers between a pawnshop and a customer which | 17 | | amount to a bailment. For purposes of this paragraph (11), | 18 | | "bailment" means the act of placing property in the custody | 19 | | and control of another, by agreement in which the holder is | 20 | | responsible for the safekeeping and return of the property.
| 21 | | (Source: P.A. 100-1178, eff. 1-18-19.)
| 22 | | Section 20. The Wildlife Code is amended by adding Section | 23 | | 3.4b as follows: | 24 | | (520 ILCS 5/3.4b new) |
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| 1 | | Sec. 3.4b. Concealed firearm exemption. A current or | 2 | | retired law enforcement officer authorized by law to possess a | 3 | | concealed firearm shall be exempt from the provisions of this | 4 | | Code prohibiting possession of those firearms. However, | 5 | | nothing in this Section authorizes the use of those firearms | 6 | | except as authorized by law. | 7 | | Section 25. The Criminal Code of 2012 is amended by | 8 | | changing Sections 14-3 and 24-2 as follows:"; and | 9 | | on page 18, by inserting immediately below line 3 the | 10 | | following:
| 11 | | "(720 ILCS 5/24-2)
| 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.
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| 1 | | (3) Members of the Armed Services or Reserve Forces of | 2 | | the United States
or the Illinois National Guard or the | 3 | | Reserve Officers Training Corps,
while in the performance | 4 | | of their official duty.
| 5 | | (4) Special agents employed by a railroad or a public | 6 | | utility to
perform police functions, and guards of armored | 7 | | car companies, while
actually engaged in the performance of | 8 | | the duties of their employment or
commuting between their | 9 | | homes and places of employment; and watchmen
while actually | 10 | | engaged in the performance of the duties of their | 11 | | employment.
| 12 | | (5) Persons licensed as private security contractors, | 13 | | private
detectives, or private alarm contractors, or | 14 | | employed by a private security contractor, private | 15 | | detective, or private alarm contractor agency licensed
by | 16 | | the Department of Financial and Professional Regulation, | 17 | | if their duties
include the carrying of a weapon under the | 18 | | provisions of the Private
Detective, Private Alarm,
| 19 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 20 | | 2004,
while actually
engaged in the performance of the | 21 | | duties of their employment or commuting
between their homes | 22 | | and places of employment. A person shall be considered | 23 | | eligible for this
exemption if he or she has completed the | 24 | | required 20
hours of training for a private security | 25 | | contractor, private
detective, or private alarm | 26 | | contractor, or employee of a licensed private security |
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| 1 | | contractor, private detective, or private alarm contractor | 2 | | agency and 20 hours of required firearm
training, and has | 3 | | been issued a firearm control card by
the Department of | 4 | | Financial and Professional Regulation. Conditions for the | 5 | | renewal of
firearm control cards issued under the | 6 | | provisions of this Section
shall be the same as for those | 7 | | cards issued under the provisions of the
Private Detective, | 8 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 9 | | Locksmith Act of 2004. The
firearm control card shall be | 10 | | carried by the private security contractor, private
| 11 | | detective, or private alarm contractor, or employee of the | 12 | | licensed private security contractor, private detective, | 13 | | or private alarm contractor agency at all
times when he or | 14 | | she is in possession of a concealable weapon permitted by | 15 | | his or her firearm control card.
| 16 | | (6) Any person regularly employed in a commercial or | 17 | | industrial
operation as a security guard for the protection | 18 | | of persons employed
and private property related to such | 19 | | commercial or industrial
operation, while actually engaged | 20 | | in the performance of his or her
duty or traveling between | 21 | | sites or properties belonging to the
employer, and who, as | 22 | | a security guard, is a member of a security force | 23 | | registered with the Department of Financial and | 24 | | Professional
Regulation; provided that such security guard | 25 | | has successfully completed a
course of study, approved by | 26 | | and supervised by the Department of
Financial and |
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| 1 | | Professional Regulation, consisting of not less than 40 | 2 | | hours of training
that includes the theory of law | 3 | | enforcement, liability for acts, and the
handling of | 4 | | weapons. A person shall be considered eligible for this
| 5 | | exemption if he or she has completed the required 20
hours | 6 | | of training for a security officer and 20 hours of required | 7 | | firearm
training, and has been issued a firearm control | 8 | | card by
the Department of Financial and Professional | 9 | | Regulation. Conditions for the renewal of
firearm control | 10 | | cards issued under the provisions of this Section
shall be | 11 | | the same as for those cards issued under the provisions of | 12 | | the
Private Detective, Private Alarm,
Private Security, | 13 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 14 | | control card shall be carried by the security guard at all
| 15 | | times when he or she is in possession of a concealable | 16 | | weapon permitted by his or her firearm control card.
| 17 | | (7) Agents and investigators of the Illinois | 18 | | Legislative Investigating
Commission authorized by the | 19 | | Commission to carry the weapons specified in
subsections | 20 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 21 | | any investigation for the Commission.
| 22 | | (8) Persons employed by a financial institution as a | 23 | | security guard for the protection of
other employees and | 24 | | property related to such financial institution, while
| 25 | | actually engaged in the performance of their duties, | 26 | | commuting between
their homes and places of employment, or |
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| 1 | | traveling between sites or
properties owned or operated by | 2 | | such financial institution, and who, as a security guard, | 3 | | is a member of a security force registered with the | 4 | | Department; provided that
any person so employed has | 5 | | successfully completed a course of study,
approved by and | 6 | | supervised by the Department of Financial and Professional | 7 | | Regulation,
consisting of not less than 40 hours of | 8 | | training which includes theory of
law enforcement, | 9 | | liability for acts, and the handling of weapons.
A person | 10 | | shall be considered to be eligible for this exemption if he | 11 | | or
she has completed the required 20 hours of training for | 12 | | a security officer
and 20 hours of required firearm | 13 | | training, and has been issued a
firearm control card by the | 14 | | Department of Financial and Professional Regulation.
| 15 | | Conditions for renewal of firearm control cards issued | 16 | | under the
provisions of this Section shall be the same as | 17 | | for those issued under the
provisions of the Private | 18 | | Detective, Private Alarm,
Private Security, Fingerprint | 19 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 20 | | shall be carried by the security guard at all times when he | 21 | | or she is in possession of a concealable
weapon permitted | 22 | | by his or her firearm control card. For purposes of this | 23 | | subsection, "financial institution" means a
bank, savings | 24 | | and loan association, credit union or company providing
| 25 | | armored car services.
| 26 | | (9) Any person employed by an armored car company to |
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| 1 | | drive an armored
car, while actually engaged in the | 2 | | performance of his duties.
| 3 | | (10) Persons who have been classified as peace officers | 4 | | pursuant
to the Peace Officer Fire Investigation Act.
| 5 | | (11) Investigators of the Office of the State's | 6 | | Attorneys Appellate
Prosecutor authorized by the board of | 7 | | governors of the Office of the
State's Attorneys Appellate | 8 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 9 | | State's Attorneys Appellate Prosecutor's Act.
| 10 | | (12) Special investigators appointed by a State's | 11 | | Attorney under
Section 3-9005 of the Counties Code.
| 12 | | (12.5) Probation officers while in the performance of | 13 | | their duties, or
while commuting between their homes, | 14 | | places of employment or specific locations
that are part of | 15 | | their assigned duties, with the consent of the chief judge | 16 | | of
the circuit for which they are employed, if they have | 17 | | received weapons training according
to requirements of the | 18 | | Peace Officer and Probation Officer Firearm Training Act.
| 19 | | (13) Court Security Officers while in the performance | 20 | | of their official
duties, or while commuting between their | 21 | | homes and places of employment, with
the
consent of the | 22 | | Sheriff.
| 23 | | (13.5) A person employed as an armed security guard at | 24 | | a nuclear energy,
storage, weapons or development site or | 25 | | facility regulated by the Nuclear
Regulatory Commission | 26 | | who has completed the background screening and training
|
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| 1 | | mandated by the rules and regulations of the Nuclear | 2 | | Regulatory Commission.
| 3 | | (14) Manufacture, transportation, or sale of weapons | 4 | | to
persons
authorized under subdivisions (1) through | 5 | | (13.5) of this
subsection
to
possess those weapons.
| 6 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 7 | | to
or affect any person carrying a concealed pistol, revolver, | 8 | | or handgun and the person has been issued a currently valid | 9 | | license under the Firearm Concealed Carry Act at the time of | 10 | | the commission of the offense. | 11 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 12 | | to
or affect a qualified current or retired law enforcement | 13 | | officer qualified under the laws of this State or under the | 14 | | federal Law Enforcement Officers Safety Act. | 15 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 16 | | 24-1.6 do not
apply to or affect
any of the following:
| 17 | | (1) Members of any club or organization organized for | 18 | | the purpose of
practicing shooting at targets upon | 19 | | established target ranges, whether
public or private, and | 20 | | patrons of such ranges, while such members
or patrons are | 21 | | using their firearms on those target ranges.
| 22 | | (2) Duly authorized military or civil organizations | 23 | | while parading,
with the special permission of the | 24 | | Governor.
| 25 | | (3) Hunters, trappers or fishermen with a license or
| 26 | | permit while engaged in hunting,
trapping or fishing.
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| 1 | | (4) Transportation of weapons that are broken down in a
| 2 | | non-functioning state or are not immediately accessible.
| 3 | | (5) Carrying or possessing any pistol, revolver, stun | 4 | | gun or taser or other firearm on the land or in the legal | 5 | | dwelling of another person as an invitee with that person's | 6 | | permission. | 7 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 8 | | of the
following:
| 9 | | (1) Peace officers while in performance of their | 10 | | official duties.
| 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 | | (3) Members of the Armed Services or Reserve Forces of | 15 | | the United States
or the Illinois National Guard, while in | 16 | | the performance of their official
duty.
| 17 | | (4) Manufacture, transportation, or sale of machine | 18 | | guns to persons
authorized under subdivisions (1) through | 19 | | (3) of this subsection to
possess machine guns, if the | 20 | | machine guns are broken down in a
non-functioning state or | 21 | | are not immediately accessible.
| 22 | | (5) Persons licensed under federal law to manufacture | 23 | | any weapon from
which 8 or more shots or bullets can be | 24 | | discharged by a
single function of the firing device, or | 25 | | ammunition for such weapons, and
actually engaged in the | 26 | | business of manufacturing such weapons or
ammunition, but |
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| 1 | | only with respect to activities which are within the lawful
| 2 | | scope of such business, such as the manufacture, | 3 | | transportation, or testing
of such weapons or ammunition. | 4 | | This exemption does not authorize the
general private | 5 | | possession of any weapon from which 8 or more
shots or | 6 | | bullets can be discharged by a single function of the | 7 | | firing
device, but only such possession and activities as | 8 | | are within the lawful
scope of a licensed manufacturing | 9 | | business described in this paragraph.
| 10 | | During transportation, such weapons shall be broken | 11 | | down in a
non-functioning state or not immediately | 12 | | accessible.
| 13 | | (6) The manufacture, transport, testing, delivery, | 14 | | transfer or sale,
and all lawful commercial or experimental | 15 | | activities necessary thereto, of
rifles, shotguns, and | 16 | | weapons made from rifles or shotguns,
or ammunition for | 17 | | such rifles, shotguns or weapons, where engaged in
by a | 18 | | person operating as a contractor or subcontractor pursuant | 19 | | to a
contract or subcontract for the development and supply | 20 | | of such rifles,
shotguns, weapons or ammunition to the | 21 | | United States government or any
branch of the Armed Forces | 22 | | of the United States, when such activities are
necessary | 23 | | and incident to fulfilling the terms of such contract.
| 24 | | The exemption granted under this subdivision (c)(6)
| 25 | | shall also apply to any authorized agent of any such | 26 | | contractor or
subcontractor who is operating within the |
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| 1 | | scope of his employment, where
such activities involving | 2 | | such weapon, weapons or ammunition are necessary
and | 3 | | incident to fulfilling the terms of such contract.
| 4 | | (7) A person possessing a rifle with a barrel or | 5 | | barrels less than 16 inches in length if: (A) the person | 6 | | has been issued a Curios and Relics license from the U.S. | 7 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 8 | | the person is an active member of a bona fide, nationally | 9 | | recognized military re-enacting group and the modification | 10 | | is required and necessary to accurately portray the weapon | 11 | | for historical re-enactment purposes; the re-enactor is in | 12 | | possession of a valid and current re-enacting group | 13 | | membership credential; and the overall length of the weapon | 14 | | as modified is not less than 26 inches. | 15 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 16 | | possession
or carrying of a black-jack or slung-shot by a peace | 17 | | officer.
| 18 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 19 | | manager or
authorized employee of any place specified in that | 20 | | subsection nor to any
law enforcement officer.
| 21 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 22 | | Section 24-1.6
do not apply
to members of any club or | 23 | | organization organized for the purpose of practicing
shooting | 24 | | at targets upon established target ranges, whether public or | 25 | | private,
while using their firearms on those target ranges.
| 26 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
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| 1 | | to:
| 2 | | (1) Members of the Armed Services or Reserve Forces of | 3 | | the United
States or the Illinois National Guard, while in | 4 | | the performance of their
official duty.
| 5 | | (2) Bonafide collectors of antique or surplus military | 6 | | ordnance.
| 7 | | (3) Laboratories having a department of forensic | 8 | | ballistics, or
specializing in the development of | 9 | | ammunition or explosive ordnance.
| 10 | | (4) Commerce, preparation, assembly or possession of | 11 | | explosive
bullets by manufacturers of ammunition licensed | 12 | | by the federal government,
in connection with the supply of | 13 | | those organizations and persons exempted
by subdivision | 14 | | (g)(1) of this Section, or like organizations and persons
| 15 | | outside this State, or the transportation of explosive | 16 | | bullets to any
organization or person exempted in this | 17 | | Section by a common carrier or by a
vehicle owned or leased | 18 | | by an exempted manufacturer.
| 19 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 20 | | persons licensed
under federal law to manufacture any device or | 21 | | attachment of any kind designed,
used, or intended for use in | 22 | | silencing the report of any firearm, firearms, or
ammunition
| 23 | | for those firearms equipped with those devices, and actually | 24 | | engaged in the
business of manufacturing those devices, | 25 | | firearms, or ammunition, but only with
respect to
activities | 26 | | that are within the lawful scope of that business, such as the
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| 1 | | manufacture, transportation, or testing of those devices, | 2 | | firearms, or
ammunition. This
exemption does not authorize the | 3 | | general private possession of any device or
attachment of any | 4 | | kind designed, used, or intended for use in silencing the
| 5 | | report of any firearm, but only such possession and activities | 6 | | as are within
the
lawful scope of a licensed manufacturing | 7 | | business described in this subsection
(g-5). During | 8 | | transportation, these devices shall be detached from any weapon
| 9 | | or
not immediately accessible.
| 10 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 11 | | 24-1.6 do not apply to
or affect any parole agent or parole | 12 | | supervisor who meets the qualifications and conditions | 13 | | prescribed in Section 3-14-1.5 of the Unified Code of | 14 | | Corrections. | 15 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 16 | | officer while serving as a member of a tactical response team | 17 | | or special operations team. A peace officer may not personally | 18 | | own or apply for ownership of a device or attachment of any | 19 | | kind designed, used, or intended for use in silencing the | 20 | | report of any firearm. These devices shall be owned and | 21 | | maintained by lawfully recognized units of government whose | 22 | | duties include the investigation of criminal acts. | 23 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 24 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 25 | | athlete's possession, transport on official Olympic and | 26 | | Paralympic transit systems established for athletes, or use of |
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| 1 | | competition firearms sanctioned by the International Olympic | 2 | | Committee, the International Paralympic Committee, the | 3 | | International Shooting Sport Federation, or USA Shooting in | 4 | | connection with such athlete's training for and participation | 5 | | in shooting competitions at the 2016 Olympic and Paralympic | 6 | | Games and sanctioned test events leading up to the 2016 Olympic | 7 | | and Paralympic Games. | 8 | | (h) An information or indictment based upon a violation of | 9 | | any
subsection of this Article need not negative any exemptions | 10 | | contained in
this Article. The defendant shall have the burden | 11 | | of proving such an
exemption.
| 12 | | (i) Nothing in this Article shall prohibit, apply to, or | 13 | | affect
the transportation, carrying, or possession, of any | 14 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 15 | | to a common carrier operating
under license of the State of | 16 | | Illinois or the federal government, where
such transportation, | 17 | | carrying, or possession is incident to the lawful
| 18 | | transportation in which such common carrier is engaged; and | 19 | | nothing in this
Article shall prohibit, apply to, or affect the | 20 | | transportation, carrying,
or possession of any pistol, | 21 | | revolver, stun gun, taser, or other firearm,
not the subject of | 22 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 23 | | this Article, which is unloaded and enclosed in a case, firearm
| 24 | | carrying box, shipping box, or other container, by the | 25 | | possessor of a valid
Firearm Owners Identification Card.
| 26 | | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".
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