Full Text of HB4636 102nd General Assembly
HB4636ham001 102ND GENERAL ASSEMBLY | Rep. Tony McCombie Filed: 2/10/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4636
| 2 | | AMENDMENT NO. ______. Amend House Bill 4636 on page 3, by | 3 | | replacing lines 3 and 4 with the following:
| 4 | | "Section 15. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 65 and 75 as follows: | 6 | | (430 ILCS 66/65)
| 7 | | Sec. 65. Prohibited areas. | 8 | | (a) A licensee under this Act shall not knowingly carry a | 9 | | firearm on or into: | 10 | | (1) Any building, real property, and parking area | 11 | | under the control of a public or private elementary or | 12 | | secondary school. | 13 | | (2) Any building, real property, and parking area | 14 | | under the control of a pre-school or child care facility, | 15 | | including any room or portion of a building under the | 16 | | control of a pre-school or child care facility. Nothing in |
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| 1 | | this paragraph shall prevent the operator of a child care | 2 | | facility in a family home from owning or possessing a | 3 | | firearm in the home or license under this Act, if no child | 4 | | under child care at the home is present in the home or the | 5 | | firearm in the home is stored in a locked container when a | 6 | | child under child care at the home is present in the home. | 7 | | (3) Any building, parking area, or portion of a | 8 | | building under the control of an officer of the executive | 9 | | or legislative branch of government, provided that nothing | 10 | | in this paragraph shall prohibit a licensee from carrying | 11 | | a concealed firearm onto the real property, bikeway, or | 12 | | trail in a park regulated by the Department of Natural | 13 | | Resources or any other designated public hunting area or | 14 | | building where firearm possession is permitted as | 15 | | established by the Department of Natural Resources under | 16 | | Section 1.8 of the Wildlife Code. Nothing in this | 17 | | paragraph prohibits a licensee who is a caseworker of the | 18 | | Department of Children and Family Services from carrying a | 19 | | firearm into the Department of Children and Family | 20 | | Services caseworker's place of employment. In this | 21 | | paragraph, "caseworker" has the meaning ascribed to it in | 22 | | Section 45 of the Children and Family Services Act. | 23 | | (4) Any building designated for matters before a | 24 | | circuit court, appellate court, or the Supreme Court, or | 25 | | any building or portion of a building under the control of | 26 | | the Supreme Court. |
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| 1 | | (5) Any building or portion of a building under the | 2 | | control of a unit of local government. | 3 | | (6) Any building, real property, and parking area | 4 | | under the control of an adult or juvenile detention or | 5 | | correctional institution, prison, or jail. | 6 | | (7) Any building, real property, and parking area | 7 | | under the control of a public or private hospital or | 8 | | hospital affiliate, mental health facility, or nursing | 9 | | home. | 10 | | (8) Any bus, train, or form of transportation paid for | 11 | | in whole or in part with public funds, and any building, | 12 | | real property, and parking area under the control of a | 13 | | public transportation facility paid for in whole or in | 14 | | part with public funds. | 15 | | (9) Any building, real property, and parking area | 16 | | under the control of an establishment that serves alcohol | 17 | | on its premises, if more than 50% of the establishment's | 18 | | gross receipts within the prior 3 months is from the sale | 19 | | of alcohol. The owner of an establishment who knowingly | 20 | | fails to prohibit concealed firearms on its premises as | 21 | | provided in this paragraph or who knowingly makes a false | 22 | | statement or record to avoid the prohibition on concealed | 23 | | firearms under this paragraph is subject to the penalty | 24 | | under subsection (c-5) of Section 10-1 of the Liquor | 25 | | Control Act of 1934. | 26 | | (10) Any public gathering or special event conducted |
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| 1 | | on property open to the public that requires the issuance | 2 | | of a permit from the unit of local government, provided | 3 | | this prohibition shall not apply to a licensee who must | 4 | | walk through a public gathering in order to access his or | 5 | | her residence, place of business, or vehicle. | 6 | | (11) Any building or real property that has been | 7 | | issued a Special Event Retailer's license as defined in | 8 | | Section 1-3.17.1 of the Liquor Control Act during the time | 9 | | designated for the sale of alcohol by the Special Event | 10 | | Retailer's license, or a Special use permit license as | 11 | | defined in subsection (q) of Section 5-1 of the Liquor | 12 | | Control Act during the time designated for the sale of | 13 | | alcohol by the Special use permit license. | 14 | | (12) Any public playground. | 15 | | (13) Any public park, athletic area, or athletic | 16 | | facility under the control of a municipality or park | 17 | | district, provided nothing in this Section shall prohibit | 18 | | a licensee from carrying a concealed firearm while on a | 19 | | trail or bikeway if only a portion of the trail or bikeway | 20 | | includes a public park. | 21 | | (14) Any real property under the control of the Cook | 22 | | County Forest Preserve District. | 23 | | (15) Any building, classroom, laboratory, medical | 24 | | clinic, hospital, artistic venue, athletic venue, | 25 | | entertainment venue, officially recognized | 26 | | university-related organization property, whether owned or |
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| 1 | | leased, and any real property, including parking areas, | 2 | | sidewalks, and common areas under the control of a public | 3 | | or private community college, college, or university. | 4 | | (16) Any building, real property, or parking area | 5 | | under the control of a gaming facility licensed under the | 6 | | Illinois Gambling Act or the Illinois Horse Racing Act of | 7 | | 1975, including an inter-track wagering location licensee. | 8 | | (17) Any stadium, arena, or the real property or | 9 | | parking area under the control of a stadium, arena, or any | 10 | | collegiate or professional sporting event. | 11 | | (18) Any building, real property, or parking area | 12 | | under the control of a public library. | 13 | | (19) Any building, real property, or parking area | 14 | | under the control of an airport. | 15 | | (20) Any building, real property, or parking area | 16 | | under the control of an amusement park. | 17 | | (21) Any building, real property, or parking area | 18 | | under the control of a zoo or museum. | 19 | | (22) Any street, driveway, parking area, property, | 20 | | building, or facility, owned, leased, controlled, or used | 21 | | by a nuclear energy, storage, weapons, or development site | 22 | | or facility regulated by the federal Nuclear Regulatory | 23 | | Commission. The licensee shall not under any circumstance | 24 | | store a firearm or ammunition in his or her vehicle or in a | 25 | | compartment or container within a vehicle located anywhere | 26 | | in or on the street, driveway, parking area, property, |
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| 1 | | building, or facility described in this paragraph. | 2 | | (23) Any area where firearms are prohibited under | 3 | | federal law. | 4 | | (a-5) Nothing in this Act shall prohibit a public or | 5 | | private community college, college, or university from: | 6 | | (1) prohibiting persons from carrying a firearm within | 7 | | a vehicle owned, leased, or controlled by the college or | 8 | | university; | 9 | | (2) developing resolutions, regulations, or policies | 10 | | regarding student, employee, or visitor misconduct and | 11 | | discipline, including suspension and expulsion; | 12 | | (3) developing resolutions, regulations, or policies | 13 | | regarding the storage or maintenance of firearms, which | 14 | | must include designated areas where persons can park | 15 | | vehicles that carry firearms; and | 16 | | (4) permitting the carrying or use of firearms for the | 17 | | purpose of instruction and curriculum of officially | 18 | | recognized programs, including but not limited to military | 19 | | science and law enforcement training programs, or in any | 20 | | designated area used for hunting purposes or target | 21 | | shooting. | 22 | | (a-10) The owner of private real property of any type may | 23 | | prohibit the carrying of concealed firearms on the property | 24 | | under his or her control. The owner must post a sign in | 25 | | accordance with subsection (d) of this Section indicating that | 26 | | firearms are prohibited on the property, unless the property |
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| 1 | | is a private residence. | 2 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 3 | | this Section except under paragraph (22) or (23) of subsection | 4 | | (a), any licensee prohibited from carrying a concealed firearm | 5 | | into the parking area of a prohibited location specified in | 6 | | subsection (a), (a-5), or (a-10) of this Section shall be | 7 | | permitted to carry a concealed firearm on or about his or her | 8 | | person within a vehicle into the parking area and may store a | 9 | | firearm or ammunition concealed in a case within a locked | 10 | | vehicle or locked container out of plain view within the | 11 | | vehicle in the parking area. A licensee may carry a concealed | 12 | | firearm in the immediate area surrounding his or her vehicle | 13 | | within a prohibited parking lot area only for the limited | 14 | | purpose of storing or retrieving a firearm within the | 15 | | vehicle's trunk. For purposes of this subsection, "case" | 16 | | includes a glove compartment or console that completely | 17 | | encloses the concealed firearm or ammunition, the trunk of the | 18 | | vehicle, or a firearm carrying box, shipping box, or other | 19 | | container. | 20 | | (c) A licensee shall not be in violation of this Section | 21 | | while he or she is traveling along a public right of way that | 22 | | touches or crosses any of the premises under subsection (a), | 23 | | (a-5), or (a-10) of this Section if the concealed firearm is | 24 | | carried on his or her person in accordance with the provisions | 25 | | of this Act or is being transported in a vehicle by the | 26 | | licensee in accordance with all other applicable provisions of |
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| 1 | | law. | 2 | | (d) Signs stating that the carrying of firearms is | 3 | | prohibited shall be clearly and conspicuously posted at the | 4 | | entrance of a building, premises, or real property specified | 5 | | in this Section as a prohibited area, unless the building or | 6 | | premises is a private residence. Signs shall be of a uniform | 7 | | design as established by the Illinois State Police and shall | 8 | | be 4 inches by 6 inches in size. The Illinois State Police | 9 | | shall adopt rules for standardized signs to be used under this | 10 | | subsection.
| 11 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)"; | 12 | | and
| 13 | | on page 6, by inserting immediately below line 25 the | 14 | | following: | 15 | | "Section 20. The Criminal Code of 2012 is amended by | 16 | | changing Section 24-2 as follows:
| 17 | | (720 ILCS 5/24-2)
| 18 | | Sec. 24-2. Exemptions.
| 19 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 20 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 21 | | the following:
| 22 | | (1) Peace officers, and any person summoned by a peace | 23 | | officer to
assist in making arrests or preserving the |
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| 1 | | peace, while actually engaged in
assisting such officer.
| 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 | | while in the performance of their
official duty, or while | 6 | | commuting between their homes and places of employment.
| 7 | | (3) Members of the Armed Services or Reserve Forces of | 8 | | the United States
or the Illinois National Guard or the | 9 | | Reserve Officers Training Corps,
while in the performance | 10 | | of their official duty.
| 11 | | (4) Special agents employed by a railroad or a public | 12 | | utility to
perform police functions, and guards of armored | 13 | | car companies, while
actually engaged in the performance | 14 | | of the duties of their employment or
commuting between | 15 | | their homes and places of employment; and watchmen
while | 16 | | actually engaged in the performance of the duties of their | 17 | | employment.
| 18 | | (5) Persons licensed as private security contractors, | 19 | | private
detectives, or private alarm contractors, or | 20 | | employed by a private security contractor, private | 21 | | detective, or private alarm contractor agency licensed
by | 22 | | the Department of Financial and Professional Regulation, | 23 | | if their duties
include the carrying of a weapon under the | 24 | | provisions of the Private
Detective, Private Alarm,
| 25 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 26 | | 2004,
while actually
engaged in the performance of the |
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| 1 | | duties of their employment or commuting
between their | 2 | | homes and places of employment. A person shall be | 3 | | considered eligible for this
exemption if he or she has | 4 | | completed the required 20
hours of training for a private | 5 | | security contractor, private
detective, or private alarm | 6 | | contractor, or employee of a licensed private security | 7 | | contractor, private detective, or private alarm contractor | 8 | | agency and 28 hours of required firearm
training, and has | 9 | | been issued a firearm control card by
the Department of | 10 | | Financial and Professional Regulation. Conditions for the | 11 | | renewal of
firearm control cards issued under the | 12 | | provisions of this Section
shall be the same as for those | 13 | | cards issued under the provisions of the
Private | 14 | | Detective, Private Alarm,
Private Security, Fingerprint | 15 | | Vendor, and Locksmith Act of 2004. The
firearm control | 16 | | card shall be carried by the private security contractor, | 17 | | private
detective, or private alarm contractor, or | 18 | | employee of the licensed private security contractor, | 19 | | private detective, or private alarm contractor agency at | 20 | | all
times when he or she is in possession of a concealable | 21 | | weapon permitted by his or her firearm control card.
| 22 | | (6) Any person regularly employed in a commercial or | 23 | | industrial
operation as a security guard for the | 24 | | protection of persons employed
and private property | 25 | | related to such commercial or industrial
operation, while | 26 | | actually engaged in the performance of his or her
duty or |
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| 1 | | traveling between sites or properties belonging to the
| 2 | | employer, and who, as a security guard, is a member of a | 3 | | security force registered with the Department of Financial | 4 | | and Professional
Regulation; provided that such security | 5 | | guard has successfully completed a
course of study, | 6 | | approved by and supervised by the Department of
Financial | 7 | | and Professional Regulation, consisting of not less than | 8 | | 48 hours of training
that includes the theory of law | 9 | | enforcement, liability for acts, and the
handling of | 10 | | weapons. A person shall be considered eligible for this
| 11 | | exemption if he or she has completed the required 20
hours | 12 | | of training for a security officer and 28 hours of | 13 | | required firearm
training, and has been issued a firearm | 14 | | control card by
the Department of Financial and | 15 | | Professional Regulation. Conditions for the renewal of
| 16 | | firearm control cards issued under the provisions of this | 17 | | Section
shall be the same as for those cards issued under | 18 | | the provisions of the
Private Detective, Private Alarm,
| 19 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 20 | | 2004. The
firearm control card shall be carried by the | 21 | | security guard at all
times when he or she is in possession | 22 | | of a concealable weapon permitted by his or her firearm | 23 | | control card.
| 24 | | (7) Agents and investigators of the Illinois | 25 | | Legislative Investigating
Commission authorized by the | 26 | | Commission to carry the weapons specified in
subsections |
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| 1 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 2 | | any investigation for the Commission.
| 3 | | (8) Persons employed by a financial institution as a | 4 | | security guard for the protection of
other employees and | 5 | | property related to such financial institution, while
| 6 | | actually engaged in the performance of their duties, | 7 | | commuting between
their homes and places of employment, or | 8 | | traveling between sites or
properties owned or operated by | 9 | | such financial institution, and who, as a security guard, | 10 | | is a member of a security force registered with the | 11 | | Department; provided that
any person so employed has | 12 | | successfully completed a course of study,
approved by and | 13 | | supervised by the Department of Financial and Professional | 14 | | Regulation,
consisting of not less than 48 hours of | 15 | | training which includes theory of
law enforcement, | 16 | | liability for acts, and the handling of weapons.
A person | 17 | | shall be considered to be eligible for this exemption if | 18 | | he or
she has completed the required 20 hours of training | 19 | | for a security officer
and 28 hours of required firearm | 20 | | training, and has been issued a
firearm control card by | 21 | | the Department of Financial and Professional Regulation.
| 22 | | Conditions for renewal of firearm control cards issued | 23 | | under the
provisions of this Section shall be the same as | 24 | | for those issued under the
provisions of the Private | 25 | | Detective, Private Alarm,
Private Security, Fingerprint | 26 | | Vendor, and Locksmith Act of 2004. The
firearm control |
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| 1 | | card shall be carried by the security guard at all times | 2 | | when he or she is in possession of a concealable
weapon | 3 | | permitted by his or her firearm control card. For purposes | 4 | | of this subsection, "financial institution" means a
bank, | 5 | | savings and loan association, credit union or company | 6 | | providing
armored car services.
| 7 | | (9) Any person employed by an armored car company to | 8 | | drive an armored
car, while actually engaged in the | 9 | | performance of his duties.
| 10 | | (10) Persons who have been classified as peace | 11 | | officers pursuant
to the Peace Officer Fire Investigation | 12 | | Act.
| 13 | | (11) Investigators of the Office of the State's | 14 | | Attorneys Appellate
Prosecutor authorized by the board of | 15 | | governors of the Office of the
State's Attorneys Appellate | 16 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 17 | | the State's Attorneys Appellate Prosecutor's Act.
| 18 | | (12) Special investigators appointed by a State's | 19 | | Attorney under
Section 3-9005 of the Counties Code.
| 20 | | (12.5) Probation officers while in the performance of | 21 | | their duties, or
while commuting between their homes, | 22 | | places of employment or specific locations
that are part | 23 | | of their assigned duties, with the consent of the chief | 24 | | judge of
the circuit for which they are employed, if they | 25 | | have received weapons training according
to requirements | 26 | | of the Peace Officer and Probation Officer Firearm |
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| 1 | | Training Act.
| 2 | | (13) Court Security Officers while in the performance | 3 | | of their official
duties, or while commuting between their | 4 | | homes and places of employment, with
the
consent of the | 5 | | Sheriff.
| 6 | | (13.5) A person employed as an armed security guard at | 7 | | a nuclear energy,
storage, weapons or development site or | 8 | | facility regulated by the Nuclear
Regulatory Commission | 9 | | who has completed the background screening and training
| 10 | | mandated by the rules and regulations of the Nuclear | 11 | | Regulatory Commission.
| 12 | | (14) Manufacture, transportation, or sale of weapons | 13 | | to
persons
authorized under subdivisions (1) through | 14 | | (13.5) of this
subsection
to
possess those weapons.
| 15 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 16 | | to
or affect any person carrying a concealed pistol, revolver, | 17 | | or handgun and the person has been issued a currently valid | 18 | | license under the Firearm Concealed Carry Act at the time of | 19 | | the commission of the offense. | 20 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 21 | | to
or affect a qualified current or retired law enforcement | 22 | | officer qualified under the laws of this State or under the | 23 | | federal Law Enforcement Officers Safety Act. | 24 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 25 | | 24-1.6 do not
apply to or affect
any of the following:
| 26 | | (1) Members of any club or organization organized for |
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| 1 | | the purpose of
practicing shooting at targets upon | 2 | | established target ranges, whether
public or private, and | 3 | | patrons of such ranges, while such members
or patrons are | 4 | | using their firearms on those target ranges.
| 5 | | (2) Duly authorized military or civil organizations | 6 | | while parading,
with the special permission of the | 7 | | Governor.
| 8 | | (3) Hunters, trappers or fishermen with a license or
| 9 | | permit while engaged in hunting,
trapping or fishing.
| 10 | | (4) Transportation of weapons that are broken down in | 11 | | a
non-functioning state or are not immediately accessible.
| 12 | | (5) Carrying or possessing any pistol, revolver, stun | 13 | | gun or taser or other firearm on the land or in the legal | 14 | | dwelling of another person as an invitee with that | 15 | | person's permission. | 16 | | (6) Caseworkers employed by the Department of Children | 17 | | and Family Services who are carrying or possessing | 18 | | firearms in the course of their official duties. In this | 19 | | paragraph, "caseworker" has the meaning ascribed to it in | 20 | | Section 45 of the Children and Family Services Act. | 21 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 22 | | of the
following:
| 23 | | (1) Peace officers while in performance of their | 24 | | official duties.
| 25 | | (2) Wardens, superintendents and keepers of prisons, | 26 | | penitentiaries,
jails and other institutions for the |
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| 1 | | detention of persons accused or
convicted of an offense.
| 2 | | (3) 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 | | (4) Manufacture, transportation, or sale of machine | 6 | | guns to persons
authorized under subdivisions (1) through | 7 | | (3) of this subsection to
possess machine guns, if the | 8 | | machine guns are broken down in a
non-functioning state or | 9 | | are not immediately accessible.
| 10 | | (5) Persons licensed under federal law to manufacture | 11 | | any weapon from
which 8 or more shots or bullets can be | 12 | | discharged by a
single function of the firing device, or | 13 | | ammunition for such weapons, and
actually engaged in the | 14 | | business of manufacturing such weapons or
ammunition, but | 15 | | only with respect to activities which are within the | 16 | | lawful
scope of such business, such as the manufacture, | 17 | | transportation, or testing
of such weapons or ammunition. | 18 | | This exemption does not authorize the
general private | 19 | | possession of any weapon from which 8 or more
shots or | 20 | | bullets can be discharged by a single function of the | 21 | | firing
device, but only such possession and activities as | 22 | | are within the lawful
scope of a licensed manufacturing | 23 | | business described in this paragraph.
| 24 | | During transportation, such weapons shall be broken | 25 | | down in a
non-functioning state or not immediately | 26 | | accessible.
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| 1 | | (6) The manufacture, transport, testing, delivery, | 2 | | transfer or sale,
and all lawful commercial or | 3 | | experimental activities necessary thereto, of
rifles, | 4 | | shotguns, and weapons made from rifles or shotguns,
or | 5 | | ammunition for such rifles, shotguns or weapons, where | 6 | | engaged in
by a person operating as a contractor or | 7 | | subcontractor pursuant to a
contract or subcontract for | 8 | | the development and supply of such rifles,
shotguns, | 9 | | weapons or ammunition to the United States government or | 10 | | any
branch of the Armed Forces of the United States, when | 11 | | such activities are
necessary and incident to fulfilling | 12 | | the terms of such contract.
| 13 | | The exemption granted under this subdivision (c)(6)
| 14 | | shall also apply to any authorized agent of any such | 15 | | contractor or
subcontractor who is operating within the | 16 | | scope of his employment, where
such activities involving | 17 | | such weapon, weapons or ammunition are necessary
and | 18 | | incident to fulfilling the terms of such contract.
| 19 | | (7) A person possessing a rifle with a barrel or | 20 | | barrels less than 16 inches in length if: (A) the person | 21 | | has been issued a Curios and Relics license from the U.S. | 22 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 23 | | (B) the person is an active member of a bona fide, | 24 | | nationally recognized military re-enacting group and the | 25 | | modification is required and necessary to accurately | 26 | | portray the weapon for historical re-enactment purposes; |
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| 1 | | the re-enactor is in possession of a valid and current | 2 | | re-enacting group membership credential; and the overall | 3 | | length of the weapon as modified is not less than 26 | 4 | | inches. | 5 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 6 | | possession
or carrying of a black-jack or slung-shot by a | 7 | | peace officer.
| 8 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 9 | | manager or
authorized employee of any place specified in that | 10 | | subsection nor to any
law enforcement officer.
| 11 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 12 | | Section 24-1.6
do not apply
to members of any club or | 13 | | organization organized for the purpose of practicing
shooting | 14 | | at targets upon established target ranges, whether public or | 15 | | private,
while using their firearms on those target ranges.
| 16 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 17 | | to:
| 18 | | (1) Members of the Armed Services or Reserve Forces of | 19 | | the United
States or the Illinois National Guard, while in | 20 | | the performance of their
official duty.
| 21 | | (2) Bonafide collectors of antique or surplus military | 22 | | ordnance.
| 23 | | (3) Laboratories having a department of forensic | 24 | | ballistics, or
specializing in the development of | 25 | | ammunition or explosive ordnance.
| 26 | | (4) Commerce, preparation, assembly or possession of |
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| 1 | | explosive
bullets by manufacturers of ammunition licensed | 2 | | by the federal government,
in connection with the supply | 3 | | of those organizations and persons exempted
by subdivision | 4 | | (g)(1) of this Section, or like organizations and persons
| 5 | | outside this State, or the transportation of explosive | 6 | | bullets to any
organization or person exempted in this | 7 | | Section by a common carrier or by a
vehicle owned or leased | 8 | | by an exempted manufacturer.
| 9 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 10 | | persons licensed
under federal law to manufacture any device | 11 | | or attachment of any kind designed,
used, or intended for use | 12 | | in silencing the report of any firearm, firearms, or
| 13 | | ammunition
for those firearms equipped with those devices, and | 14 | | actually engaged in the
business of manufacturing those | 15 | | devices, firearms, or ammunition, but only with
respect to
| 16 | | activities that are within the lawful scope of that business, | 17 | | such as the
manufacture, transportation, or testing of those | 18 | | devices, firearms, or
ammunition. This
exemption does not | 19 | | authorize the general private possession of any device or
| 20 | | attachment of any kind designed, used, or intended for use in | 21 | | silencing the
report of any firearm, but only such possession | 22 | | and activities as are within
the
lawful scope of a licensed | 23 | | manufacturing business described in this subsection
(g-5). | 24 | | During transportation, these devices shall be detached from | 25 | | any weapon
or
not immediately accessible.
| 26 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 1 | | 24-1.6 do not apply to
or affect any parole agent or parole | 2 | | supervisor who meets the qualifications and conditions | 3 | | prescribed in Section 3-14-1.5 of the Unified Code of | 4 | | Corrections. | 5 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 6 | | officer while serving as a member of a tactical response team | 7 | | or special operations team. A peace officer may not personally | 8 | | own or apply for ownership of a device or attachment of any | 9 | | kind designed, used, or intended for use in silencing the | 10 | | report of any firearm. These devices shall be owned and | 11 | | maintained by lawfully recognized units of government whose | 12 | | duties include the investigation of criminal acts. | 13 | | (g-10) (Blank). | 14 | | (h) An information or indictment based upon a violation of | 15 | | any
subsection of this Article need not negative any | 16 | | exemptions contained in
this Article. The defendant shall have | 17 | | the burden of proving such an
exemption.
| 18 | | (i) Nothing in this Article shall prohibit, apply to, or | 19 | | affect
the transportation, carrying, or possession, of any | 20 | | pistol or revolver,
stun gun, taser, or other firearm | 21 | | consigned to a common carrier operating
under license of the | 22 | | State of Illinois or the federal government, where
such | 23 | | transportation, carrying, or possession is incident to the | 24 | | lawful
transportation in which such common carrier is engaged; | 25 | | and nothing in this
Article shall prohibit, apply to, or | 26 | | affect the transportation, carrying,
or possession of any |
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| 1 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 2 | | subject of and regulated by subsection 24-1(a)(7) or | 3 | | subsection
24-2(c) of this Article, which is unloaded and | 4 | | enclosed in a case, firearm
carrying box, shipping box, or | 5 | | other container, by the possessor of a valid
Firearm Owners | 6 | | Identification Card.
| 7 | | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22 .)".
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