Full Text of HB2822 100th General Assembly
HB2822 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2822 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
720 ILCS 5/24-2 | |
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Amends the Criminal Code of 2012. In the statute concerning unlawful use of weapons that prohibits the knowing sale, manufacture, purchase, possession, or carrying of any rifle having one or
more barrels less than 16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon made from a rifle or
shotgun, deletes "whether by alteration, modification, or otherwise, if such a weapon
as modified has an overall length of less than 26 inches". In the exemption statute, permits an active member of a bona fide, nationally recognized military re-enacting group to have a rifle with a barrel or barrels less than 16 inches in length if the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; and the re-enactor is in possession of a valid and current re-enacting group membership credential. Deletes that the overall length of the weapon as modified must be not less than 26 inches. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 24-1 and 24-2 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful use of weapons.
| 8 | | (a) A person commits the offense of unlawful use of weapons | 9 | | when
he knowingly:
| 10 | | (1) Sells, manufactures, purchases, possesses or | 11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 12 | | sand-bag, metal knuckles or other knuckle weapon | 13 | | regardless of its composition, throwing star,
or any knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels | 18 | | a knifelike blade as a projectile by means
of a coil | 19 | | spring, elastic material or compressed gas; or
| 20 | | (2) Carries or possesses with intent to use the same | 21 | | unlawfully
against another, a dagger, dirk, billy, | 22 | | dangerous knife, razor,
stiletto, broken bottle or other | 23 | | piece of glass, stun gun or taser or
any other dangerous or |
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| 1 | | deadly weapon or instrument of like character; or
| 2 | | (3) Carries on or about his person or in any vehicle, a | 3 | | tear gas gun
projector or bomb or any object containing | 4 | | noxious liquid gas or
substance, other than an object | 5 | | containing a non-lethal noxious liquid gas
or substance | 6 | | designed solely for personal defense carried by a person 18
| 7 | | years of age or older; or
| 8 | | (4) Carries or possesses in any vehicle or concealed on | 9 | | or about his
person except when on his land or in his own | 10 | | abode, legal dwelling, or fixed place of
business, or on | 11 | | the land or in the legal dwelling of another person as an | 12 | | invitee with that person's permission, any pistol, | 13 | | revolver, stun gun or taser or other firearm, except
that
| 14 | | this subsection (a) (4) does not apply to or affect | 15 | | transportation of weapons
that meet one of the following | 16 | | conditions:
| 17 | | (i) are broken down in a non-functioning state; or
| 18 | | (ii) are not immediately accessible; or
| 19 | | (iii) are unloaded and enclosed in a case, firearm | 20 | | carrying box,
shipping box, or other container by a | 21 | | person who has been issued a currently
valid Firearm | 22 | | Owner's
Identification Card; or | 23 | | (iv) are carried or possessed in accordance with | 24 | | the Firearm Concealed Carry Act by a person who has | 25 | | been issued a currently valid license under the Firearm | 26 | | Concealed Carry Act; or
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| 1 | | (5) Sets a spring gun; or
| 2 | | (6) Possesses any device or attachment of any kind | 3 | | designed, used or
intended for use in silencing the report | 4 | | of any firearm; or
| 5 | | (7) Sells, manufactures, purchases, possesses or | 6 | | carries:
| 7 | | (i) a machine gun, which shall be defined for the | 8 | | purposes of this
subsection as any weapon,
which | 9 | | shoots, is designed to shoot, or can be readily | 10 | | restored to shoot,
automatically more than one shot | 11 | | without manually reloading by a single
function of the | 12 | | trigger, including the frame or receiver
of any such | 13 | | weapon, or sells, manufactures, purchases, possesses, | 14 | | or
carries any combination of parts designed or | 15 | | intended for
use in converting any weapon into a | 16 | | machine gun, or any combination or
parts from which a | 17 | | machine gun can be assembled if such parts are in the
| 18 | | possession or under the control of a person;
| 19 | | (ii) any rifle having one or
more barrels less than | 20 | | 16 inches in length or a shotgun having one or more
| 21 | | barrels less than 18 inches in length or any weapon | 22 | | made from a rifle or
shotgun , whether by alteration, | 23 | | modification, or otherwise, if such a weapon
as | 24 | | modified has an overall length of less than 26 inches ; | 25 | | or
| 26 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
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| 1 | | other container containing an
explosive substance of | 2 | | over one-quarter ounce for like purposes, such
as, but | 3 | | not limited to, black powder bombs and Molotov | 4 | | cocktails or
artillery projectiles; or
| 5 | | (8) Carries or possesses any firearm, stun gun or taser | 6 | | or other
deadly weapon in any place which is licensed to | 7 | | sell intoxicating
beverages, or at any public gathering | 8 | | held pursuant to a license issued
by any governmental body | 9 | | or any public gathering at which an admission
is charged, | 10 | | excluding a place where a showing, demonstration or lecture
| 11 | | involving the exhibition of unloaded firearms is | 12 | | conducted.
| 13 | | This subsection (a)(8) does not apply to any auction or | 14 | | raffle of a firearm
held pursuant to
a license or permit | 15 | | issued by a governmental body, nor does it apply to persons
| 16 | | engaged
in firearm safety training courses; or
| 17 | | (9) Carries or possesses in a vehicle or on or about | 18 | | his person any
pistol, revolver, stun gun or taser or | 19 | | firearm or ballistic knife, when
he is hooded, robed or | 20 | | masked in such manner as to conceal his identity; or
| 21 | | (10) Carries or possesses on or about his person, upon | 22 | | any public street,
alley, or other public lands within the | 23 | | corporate limits of a city, village
or incorporated town, | 24 | | except when an invitee thereon or therein, for the
purpose | 25 | | of the display of such weapon or the lawful commerce in | 26 | | weapons, or
except when on his land or in his own abode, |
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| 1 | | legal dwelling, or fixed place of business, or on the land | 2 | | or in the legal dwelling of another person as an invitee | 3 | | with that person's permission, any
pistol, revolver, stun | 4 | | gun or taser or other firearm, except that this
subsection | 5 | | (a) (10) does not apply to or affect transportation of | 6 | | weapons that
meet one of the following conditions:
| 7 | | (i) are broken down in a non-functioning state; or
| 8 | | (ii) are not immediately accessible; or
| 9 | | (iii) are unloaded and enclosed in a case, firearm | 10 | | carrying box,
shipping box, or other container by a | 11 | | person who has been issued a currently
valid Firearm | 12 | | Owner's
Identification Card; or
| 13 | | (iv) are carried or possessed in accordance with | 14 | | the Firearm Concealed Carry Act by a person who has | 15 | | been issued a currently valid license under the Firearm | 16 | | Concealed Carry Act. | 17 | | A "stun gun or taser", as used in this paragraph (a) | 18 | | means (i) any device
which is powered by electrical | 19 | | charging units, such as, batteries, and
which fires one or | 20 | | several barbs attached to a length of wire and
which, upon | 21 | | hitting a human, can send out a current capable of | 22 | | disrupting
the person's nervous system in such a manner as | 23 | | to render him incapable of
normal functioning or (ii) any | 24 | | device which is powered by electrical
charging units, such | 25 | | as batteries, and which, upon contact with a human or
| 26 | | clothing worn by a human, can send out current capable of |
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| 1 | | disrupting
the person's nervous system in such a manner as | 2 | | to render him incapable
of normal functioning; or
| 3 | | (11) Sells, manufactures or purchases any explosive | 4 | | bullet. For purposes
of this paragraph (a) "explosive | 5 | | bullet" means the projectile portion of
an ammunition | 6 | | cartridge which contains or carries an explosive charge | 7 | | which
will explode upon contact with the flesh of a human | 8 | | or an animal.
"Cartridge" means a tubular metal case having | 9 | | a projectile affixed at the
front thereof and a cap or | 10 | | primer at the rear end thereof, with the
propellant | 11 | | contained in such tube between the projectile and the cap; | 12 | | or
| 13 | | (12) (Blank); or
| 14 | | (13) Carries or possesses on or about his or her person | 15 | | while in a building occupied by a unit of government, a | 16 | | billy club, other weapon of like character, or other | 17 | | instrument of like character intended for use as a weapon. | 18 | | For the purposes of this Section, "billy club" means a | 19 | | short stick or club commonly carried by police officers | 20 | | which is either telescopic or constructed of a solid piece | 21 | | of wood or other man-made material. | 22 | | (b) Sentence. A person convicted of a violation of | 23 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 24 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 25 | | Class A
misdemeanor.
A person convicted of a violation of | 26 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
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| 1 | | person
convicted of a violation of subsection 24-1(a)(6) or | 2 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 3 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 4 | | Class 2 felony and shall be sentenced to a term of imprisonment | 5 | | of not less than 3 years and not more than 7 years, unless the | 6 | | weapon is possessed in the
passenger compartment of a motor | 7 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 8 | | Code, or on the person, while the weapon is loaded, in which
| 9 | | case it shall be a Class X felony. A person convicted of a
| 10 | | second or subsequent violation of subsection 24-1(a)(4), | 11 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 12 | | felony. The possession of each weapon in violation of this | 13 | | Section constitutes a single and separate violation.
| 14 | | (c) Violations in specific places.
| 15 | | (1) A person who violates subsection 24-1(a)(6) or | 16 | | 24-1(a)(7) in any
school, regardless of the time of day or | 17 | | the time of year, in residential
property owned, operated | 18 | | or managed by a public housing agency or
leased by
a public | 19 | | housing agency as part of a scattered site or mixed-income
| 20 | | development, in a
public park, in a courthouse, on the real | 21 | | property comprising any school,
regardless of the
time of | 22 | | day or the time of year, on residential property owned, | 23 | | operated
or
managed by a public housing agency
or leased by | 24 | | a public housing agency as part of a scattered site or
| 25 | | mixed-income development,
on the real property comprising | 26 | | any
public park, on the real property comprising any |
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| 1 | | courthouse, in any conveyance
owned, leased or contracted | 2 | | by a school to
transport students to or from school or a | 3 | | school related activity, in any conveyance
owned, leased, | 4 | | or contracted by a public transportation agency, or on any
| 5 | | public way within 1,000 feet of the real property | 6 | | comprising any school,
public park, courthouse, public | 7 | | transportation facility, or residential property owned, | 8 | | operated, or managed
by a public housing agency
or leased | 9 | | by a public housing agency as part of a scattered site or
| 10 | | mixed-income development
commits a Class 2 felony and shall | 11 | | be sentenced to a term of imprisonment of not less than 3 | 12 | | years and not more than 7 years.
| 13 | | (1.5) A person who violates subsection 24-1(a)(4), | 14 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 15 | | time of day or the time of year,
in residential property | 16 | | owned, operated, or managed by a public
housing
agency
or | 17 | | leased by a public housing agency as part of a scattered | 18 | | site or
mixed-income development,
in
a public
park, in a | 19 | | courthouse, on the real property comprising any school, | 20 | | regardless
of the time of day or the time of year, on | 21 | | residential property owned,
operated, or managed by a | 22 | | public housing agency
or leased by a public housing agency | 23 | | as part of a scattered site or
mixed-income development,
on | 24 | | the real property
comprising any public park, on the real | 25 | | property comprising any courthouse, in
any conveyance | 26 | | owned, leased, or contracted by a school to transport |
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| 1 | | students
to or from school or a school related activity, in | 2 | | any conveyance
owned, leased, or contracted by a public | 3 | | transportation agency, or on any public way within
1,000 | 4 | | feet of the real property comprising any school, public | 5 | | park, courthouse,
public transportation facility, or | 6 | | residential property owned, operated, or managed by a | 7 | | public
housing agency
or leased by a public housing agency | 8 | | as part of a scattered site or
mixed-income development
| 9 | | commits a Class 3 felony.
| 10 | | (2) A person who violates subsection 24-1(a)(1), | 11 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 12 | | time of day or the time of year, in
residential property | 13 | | owned, operated or managed by a public housing
agency
or | 14 | | leased by a public housing agency as part of a scattered | 15 | | site or
mixed-income development,
in
a public park, in a | 16 | | courthouse, on the real property comprising any school,
| 17 | | regardless of the time of day or the time of year, on | 18 | | residential property
owned, operated or managed by a public | 19 | | housing agency
or leased by a public housing agency as part | 20 | | of a scattered site or
mixed-income development,
on the | 21 | | real property
comprising any public park, on the real | 22 | | property comprising any courthouse, in
any conveyance | 23 | | owned, leased or contracted by a school to transport | 24 | | students
to or from school or a school related activity, in | 25 | | any conveyance
owned, leased, or contracted by a public | 26 | | transportation agency, or on any public way within
1,000 |
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| 1 | | feet of the real property comprising any school, public | 2 | | park, courthouse,
public transportation facility, or | 3 | | residential property owned, operated, or managed by a | 4 | | public
housing agency or leased by a public housing agency | 5 | | as part of a scattered
site or mixed-income development | 6 | | commits a Class 4 felony. "Courthouse"
means any building | 7 | | that is used by the Circuit, Appellate, or Supreme Court of
| 8 | | this State for the conduct of official business.
| 9 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 10 | | (c) shall not
apply to law
enforcement officers or security | 11 | | officers of such school, college, or
university or to | 12 | | students carrying or possessing firearms for use in | 13 | | training
courses, parades, hunting, target shooting on | 14 | | school ranges, or otherwise with
the consent of school | 15 | | authorities and which firearms are transported unloaded
| 16 | | enclosed in a suitable case, box, or transportation | 17 | | package.
| 18 | | (4) For the purposes of this subsection (c), "school" | 19 | | means any public or
private elementary or secondary school, | 20 | | community college, college, or
university.
| 21 | | (5) For the purposes of this subsection (c), "public | 22 | | transportation agency" means a public or private agency | 23 | | that provides for the transportation or conveyance of
| 24 | | persons by means available to the general public, except | 25 | | for transportation
by automobiles not used for conveyance | 26 | | of the general public as passengers; and "public |
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| 1 | | transportation facility" means a terminal or other place
| 2 | | where one may obtain public transportation.
| 3 | | (d) The presence in an automobile other than a public | 4 | | omnibus of any
weapon, instrument or substance referred to in | 5 | | subsection (a)(7) is
prima facie evidence that it is in the | 6 | | possession of, and is being
carried by, all persons occupying | 7 | | such automobile at the time such
weapon, instrument or | 8 | | substance is found, except under the following
circumstances: | 9 | | (i) if such weapon, instrument or instrumentality is
found upon | 10 | | the person of one of the occupants therein; or (ii) if such
| 11 | | weapon, instrument or substance is found in an automobile | 12 | | operated for
hire by a duly licensed driver in the due, lawful | 13 | | and proper pursuit of
his trade, then such presumption shall | 14 | | not apply to the driver.
| 15 | | (e) Exemptions. Crossbows, Common or Compound bows and | 16 | | Underwater
Spearguns are exempted from the definition of | 17 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 18 | | of this Section.
| 19 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 20 | | (720 ILCS 5/24-2)
| 21 | | Sec. 24-2. Exemptions.
| 22 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 23 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 24 | | the following:
| 25 | | (1) Peace officers, and any person summoned by a peace |
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| 1 | | officer to
assist in making arrests or preserving the | 2 | | peace, while actually engaged in
assisting such officer.
| 3 | | (2) Wardens, superintendents and keepers of prisons,
| 4 | | penitentiaries, jails and other institutions for the | 5 | | detention of persons
accused or convicted of an offense, | 6 | | while in the performance of their
official duty, or while | 7 | | commuting between their homes and places of employment.
| 8 | | (3) Members of the Armed Services or Reserve Forces of | 9 | | the United States
or the Illinois National Guard or the | 10 | | Reserve Officers Training Corps,
while in the performance | 11 | | of their official duty.
| 12 | | (4) Special agents employed by a railroad or a public | 13 | | utility to
perform police functions, and guards of armored | 14 | | car companies, while
actually engaged in the performance of | 15 | | the duties of their employment or
commuting between their | 16 | | homes and places of employment; and watchmen
while actually | 17 | | engaged in the performance of the duties of their | 18 | | employment.
| 19 | | (5) Persons licensed as private security contractors, | 20 | | private
detectives, or private alarm contractors, or | 21 | | employed by a private security contractor, private | 22 | | detective, or private alarm contractor agency licensed
by | 23 | | the Department of Financial and Professional Regulation, | 24 | | if their duties
include the carrying of a weapon under the | 25 | | provisions of the Private
Detective, Private Alarm,
| 26 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
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| 1 | | 2004,
while actually
engaged in the performance of the | 2 | | duties of their employment or commuting
between their homes | 3 | | and places of employment. A person shall be considered | 4 | | eligible for this
exemption if he or she has completed the | 5 | | required 20
hours of training for a private security | 6 | | contractor, private
detective, or private alarm | 7 | | contractor, or employee of a licensed private security | 8 | | contractor, private detective, or private alarm contractor | 9 | | agency and 20 hours of required firearm
training, and has | 10 | | been issued a firearm control card by
the Department of | 11 | | Financial and Professional Regulation. Conditions for the | 12 | | renewal of
firearm control cards issued under the | 13 | | provisions of this Section
shall be the same as for those | 14 | | cards issued under the provisions of the
Private Detective, | 15 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 16 | | Locksmith Act of 2004. The
firearm control card shall be | 17 | | carried by the private security contractor, private
| 18 | | detective, or private alarm contractor, or employee of the | 19 | | licensed private security contractor, private detective, | 20 | | or private alarm contractor agency at all
times when he or | 21 | | she is in possession of a concealable weapon permitted by | 22 | | his or her firearm control card.
| 23 | | (6) Any person regularly employed in a commercial or | 24 | | industrial
operation as a security guard for the protection | 25 | | of persons employed
and private property related to such | 26 | | commercial or industrial
operation, while actually engaged |
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| 1 | | in the performance of his or her
duty or traveling between | 2 | | sites or properties belonging to the
employer, and who, as | 3 | | a security guard, is a member of a security force | 4 | | registered with the Department of Financial and | 5 | | Professional
Regulation; provided that such security guard | 6 | | has successfully completed a
course of study, approved by | 7 | | and supervised by the Department of
Financial and | 8 | | Professional Regulation, consisting of not less than 40 | 9 | | hours of training
that includes the theory of law | 10 | | enforcement, liability for acts, and the
handling of | 11 | | weapons. A person shall be considered eligible for this
| 12 | | exemption if he or she has completed the required 20
hours | 13 | | of training for a security officer and 20 hours of required | 14 | | firearm
training, and has been issued a firearm control | 15 | | card by
the Department of Financial and Professional | 16 | | Regulation. Conditions for the renewal of
firearm control | 17 | | cards issued under the provisions of this Section
shall be | 18 | | the same as for those cards issued under the provisions of | 19 | | the
Private Detective, Private Alarm,
Private Security, | 20 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 21 | | control card shall be carried by the security guard at all
| 22 | | times when he or she is in possession of a concealable | 23 | | weapon permitted by his or her firearm 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 40 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 he | 18 | | or
she has completed the required 20 hours of training for | 19 | | a security officer
and 20 hours of required firearm | 20 | | training, and has been issued a
firearm control card by the | 21 | | 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 card |
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| 1 | | shall be carried by the security guard at all times when he | 2 | | or she is in possession of a concealable
weapon permitted | 3 | | by his or her firearm control card. For purposes of this | 4 | | subsection, "financial institution" means a
bank, savings | 5 | | and loan association, credit union or company providing
| 6 | | 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 officers | 11 | | pursuant
to the Peace Officer Fire Investigation Act.
| 12 | | (11) Investigators of the Office of the State's | 13 | | Attorneys Appellate
Prosecutor authorized by the board of | 14 | | governors of the Office of the
State's Attorneys Appellate | 15 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 16 | | State's Attorneys Appellate Prosecutor's Act.
| 17 | | (12) Special investigators appointed by a State's | 18 | | Attorney under
Section 3-9005 of the Counties Code.
| 19 | | (12.5) Probation officers while in the performance of | 20 | | their duties, or
while commuting between their homes, | 21 | | places of employment or specific locations
that are part of | 22 | | their assigned duties, with the consent of the chief judge | 23 | | of
the circuit for which they are employed, if they have | 24 | | received weapons training according
to requirements of the | 25 | | Peace Officer and Probation Officer Firearm Training Act.
| 26 | | (13) Court Security Officers while in the performance |
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| 1 | | of their official
duties, or while commuting between their | 2 | | homes and places of employment, with
the
consent of the | 3 | | Sheriff.
| 4 | | (13.5) A person employed as an armed security guard at | 5 | | a nuclear energy,
storage, weapons or development site or | 6 | | facility regulated by the Nuclear
Regulatory Commission | 7 | | who has completed the background screening and training
| 8 | | mandated by the rules and regulations of the Nuclear | 9 | | Regulatory Commission.
| 10 | | (14) Manufacture, transportation, or sale of weapons | 11 | | to
persons
authorized under subdivisions (1) through | 12 | | (13.5) of this
subsection
to
possess those weapons.
| 13 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 14 | | to
or affect any person carrying a concealed pistol, revolver, | 15 | | or handgun and the person has been issued a currently valid | 16 | | license under the Firearm Concealed Carry Act at the time of | 17 | | the commission of the offense. | 18 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 19 | | 24-1.6 do not
apply to or affect
any of the following:
| 20 | | (1) Members of any club or organization organized for | 21 | | the purpose of
practicing shooting at targets upon | 22 | | established target ranges, whether
public or private, and | 23 | | patrons of such ranges, while such members
or patrons are | 24 | | using their firearms on those target ranges.
| 25 | | (2) Duly authorized military or civil organizations | 26 | | while parading,
with the special permission of the |
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| 1 | | Governor.
| 2 | | (3) Hunters, trappers or fishermen with a license or
| 3 | | permit while engaged in hunting,
trapping or fishing.
| 4 | | (4) Transportation of weapons that are broken down in a
| 5 | | non-functioning state or are not immediately accessible.
| 6 | | (5) Carrying or possessing any pistol, revolver, stun | 7 | | gun or taser or other firearm on the land or in the legal | 8 | | dwelling of another person as an invitee with that person's | 9 | | permission. | 10 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 11 | | of the
following:
| 12 | | (1) Peace officers while in performance of their | 13 | | official duties.
| 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 | | (3) Members of the Armed Services or Reserve Forces of | 18 | | the United States
or the Illinois National Guard, while in | 19 | | the performance of their official
duty.
| 20 | | (4) Manufacture, transportation, or sale of machine | 21 | | guns to persons
authorized under subdivisions (1) through | 22 | | (3) of this subsection to
possess machine guns, if the | 23 | | machine guns are broken down in a
non-functioning state or | 24 | | are not immediately accessible.
| 25 | | (5) Persons licensed under federal law to manufacture | 26 | | any weapon from
which 8 or more shots or bullets can be |
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| 1 | | discharged by a
single function of the firing device, or | 2 | | ammunition for such weapons, and
actually engaged in the | 3 | | business of manufacturing such weapons or
ammunition, but | 4 | | only with respect to activities which are within the lawful
| 5 | | scope of such business, such as the manufacture, | 6 | | transportation, or testing
of such weapons or ammunition. | 7 | | This exemption does not authorize the
general private | 8 | | possession of any weapon from which 8 or more
shots or | 9 | | bullets can be discharged by a single function of the | 10 | | firing
device, but only such possession and activities as | 11 | | are within the lawful
scope of a licensed manufacturing | 12 | | business described in this paragraph.
| 13 | | During transportation, such weapons shall be broken | 14 | | down in a
non-functioning state or not immediately | 15 | | accessible.
| 16 | | (6) The manufacture, transport, testing, delivery, | 17 | | transfer or sale,
and all lawful commercial or experimental | 18 | | activities necessary thereto, of
rifles, shotguns, and | 19 | | weapons made from rifles or shotguns,
or ammunition for | 20 | | such rifles, shotguns or weapons, where engaged in
by a | 21 | | person operating as a contractor or subcontractor pursuant | 22 | | to a
contract or subcontract for the development and supply | 23 | | of such rifles,
shotguns, weapons or ammunition to the | 24 | | United States government or any
branch of the Armed Forces | 25 | | of the United States, when such activities are
necessary | 26 | | and incident to fulfilling the terms of such contract.
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| 1 | | The exemption granted under this subdivision (c)(6)
| 2 | | shall also apply to any authorized agent of any such | 3 | | contractor or
subcontractor who is operating within the | 4 | | scope of his employment, where
such activities involving | 5 | | such weapon, weapons or ammunition are necessary
and | 6 | | incident to fulfilling the terms of such contract.
| 7 | | (7) A person possessing a rifle with a barrel or | 8 | | barrels less than 16 inches in length if: (A) the person | 9 | | has been issued a Curios and Relics license from the U.S. | 10 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 11 | | the person is an active member of a bona fide, nationally | 12 | | recognized military re-enacting group and the modification | 13 | | is required and necessary to accurately portray the weapon | 14 | | for historical re-enactment purposes; the re-enactor is in | 15 | | possession of a valid and current re-enacting group | 16 | | membership credential ; and the overall length of the weapon | 17 | | as modified is not less than 26 inches . | 18 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 19 | | possession
or carrying of a black-jack or slung-shot by a peace | 20 | | officer.
| 21 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 22 | | manager or
authorized employee of any place specified in that | 23 | | subsection nor to any
law enforcement officer.
| 24 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 25 | | Section 24-1.6
do not apply
to members of any club or | 26 | | organization organized for the purpose of practicing
shooting |
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| 1 | | at targets upon established target ranges, whether public or | 2 | | private,
while using their firearms on those target ranges.
| 3 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 4 | | to:
| 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 | 23 | | persons licensed
under federal law to manufacture any device or | 24 | | attachment of any kind designed,
used, or intended for use in | 25 | | silencing the report of any firearm, firearms, or
ammunition
| 26 | | for those firearms equipped with those devices, and actually |
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| 1 | | engaged in the
business of manufacturing those devices, | 2 | | firearms, or ammunition, but only with
respect to
activities | 3 | | that are within the lawful scope of that business, such as the
| 4 | | manufacture, transportation, or testing of those devices, | 5 | | firearms, or
ammunition. This
exemption does not authorize the | 6 | | general private possession of any device or
attachment of any | 7 | | kind designed, used, or intended for use in silencing the
| 8 | | report of any firearm, but only such possession and activities | 9 | | as are within
the
lawful scope of a licensed manufacturing | 10 | | business described in this subsection
(g-5). During | 11 | | transportation, these devices shall be detached from any weapon
| 12 | | or
not immediately accessible.
| 13 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 14 | | 24-1.6 do not apply to
or affect any parole agent or parole | 15 | | supervisor who meets the qualifications and conditions | 16 | | prescribed in Section 3-14-1.5 of the Unified Code of | 17 | | Corrections. | 18 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 19 | | officer while serving as a member of a tactical response team | 20 | | or special operations team. A peace officer may not personally | 21 | | own or apply for ownership of a device or attachment of any | 22 | | kind designed, used, or intended for use in silencing the | 23 | | report of any firearm. These devices shall be owned and | 24 | | maintained by lawfully recognized units of government whose | 25 | | duties include the investigation of criminal acts. | 26 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
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| 1 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 2 | | athlete's possession, transport on official Olympic and | 3 | | Paralympic transit systems established for athletes, or use of | 4 | | competition firearms sanctioned by the International Olympic | 5 | | Committee, the International Paralympic Committee, the | 6 | | International Shooting Sport Federation, or USA Shooting in | 7 | | connection with such athlete's training for and participation | 8 | | in shooting competitions at the 2016 Olympic and Paralympic | 9 | | Games and sanctioned test events leading up to the 2016 Olympic | 10 | | and Paralympic Games. | 11 | | (h) An information or indictment based upon a violation of | 12 | | any
subsection of this Article need not negative any exemptions | 13 | | contained in
this Article. The defendant shall have the burden | 14 | | of proving such an
exemption.
| 15 | | (i) Nothing in this Article shall prohibit, apply to, or | 16 | | affect
the transportation, carrying, or possession, of any | 17 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 18 | | to a common carrier operating
under license of the State of | 19 | | Illinois or the federal government, where
such transportation, | 20 | | carrying, or possession is incident to the lawful
| 21 | | transportation in which such common carrier is engaged; and | 22 | | nothing in this
Article shall prohibit, apply to, or affect the | 23 | | transportation, carrying,
or possession of any pistol, | 24 | | revolver, stun gun, taser, or other firearm,
not the subject of | 25 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 26 | | this Article, which is unloaded and enclosed in a case, firearm
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| 1 | | carrying box, shipping box, or other container, by the | 2 | | possessor 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, | 4 | | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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