Public Act 096-0742
 
HB0182 Enrolled LRB096 02975 RLC 12989 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 24-1, 24-1.6, and 24-2 as follows:
 
    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons
when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    carries any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles or other knuckle weapon
    regardless of its composition, throwing star, or any knife,
    commonly referred to as a switchblade knife, which has a
    blade that opens automatically by hand pressure applied to
    a button, spring or other device in the handle of the
    knife, or a ballistic knife, which is a device that propels
    a knifelike blade as a projectile by means of a coil
    spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    unlawfully against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or other
    piece of glass, stun gun or taser or any other dangerous or
    deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle, a
    tear gas gun projector or bomb or any object containing
    noxious liquid gas or substance, other than an object
    containing a non-lethal noxious liquid gas or substance
    designed solely for personal defense carried by a person 18
    years of age or older; or
        (4) Carries or possesses in any vehicle or concealed on
    or about his person except when on his land or in his own
    abode, legal dwelling, or fixed place of business, or on
    the land or in the legal dwelling of another person as an
    invitee with that person's permission, any pistol,
    revolver, stun gun or taser or other firearm, except that
    this subsection (a) (4) does not apply to or affect
    transportation of weapons that meet one of the following
    conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    designed, used or intended for use in silencing the report
    of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    carries:
            (i) a machine gun, which shall be defined for the
        purposes of this subsection as any weapon, which
        shoots, is designed to shoot, or can be readily
        restored to shoot, automatically more than one shot
        without manually reloading by a single function of the
        trigger, including the frame or receiver of any such
        weapon, or sells, manufactures, purchases, possesses,
        or carries any combination of parts designed or
        intended for use in converting any weapon into a
        machine gun, or any combination or parts from which a
        machine gun can be assembled if such parts are in the
        possession or under the control of a person;
            (ii) 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, whether by alteration,
        modification, or otherwise, if such a weapon as
        modified has an overall length of less than 26 inches;
        or
            (iii) any bomb, bomb-shell, grenade, bottle or
        other container containing an explosive substance of
        over one-quarter ounce for like purposes, such as, but
        not limited to, black powder bombs and Molotov
        cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or taser
    or other deadly weapon in any place which is licensed to
    sell intoxicating beverages, or at any public gathering
    held pursuant to a license issued by any governmental body
    or any public gathering at which an admission is charged,
    excluding a place where a showing, demonstration or lecture
    involving the exhibition of unloaded firearms is
    conducted.
        This subsection (a)(8) does not apply to any auction or
    raffle of a firearm held pursuant to a license or permit
    issued by a governmental body, nor does it apply to persons
    engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    his person any pistol, revolver, stun gun or taser or
    firearm or ballistic knife, when he is hooded, robed or
    masked in such manner as to conceal his identity; or
        (10) Carries or possesses on or about his person, upon
    any public street, alley, or other public lands within the
    corporate limits of a city, village or incorporated town,
    except when an invitee thereon or therein, for the purpose
    of the display of such weapon or the lawful commerce in
    weapons, or except when on his land or in his own abode,
    legal dwelling, or fixed place of business, or on the land
    or in the legal dwelling of another person as an invitee
    with that person's permission, any pistol, revolver, stun
    gun or taser or other firearm, except that this subsection
    (a) (10) does not apply to or affect transportation of
    weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card.
        A "stun gun or taser", as used in this paragraph (a)
    means (i) any device which is powered by electrical
    charging units, such as, batteries, and which fires one or
    several barbs attached to a length of wire and which, upon
    hitting a human, can send out a current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning or (ii) any
    device which is powered by electrical charging units, such
    as batteries, and which, upon contact with a human or
    clothing worn by a human, can send out current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning; or
        (11) Sells, manufactures or purchases any explosive
    bullet. For purposes of this paragraph (a) "explosive
    bullet" means the projectile portion of an ammunition
    cartridge which contains or carries an explosive charge
    which will explode upon contact with the flesh of a human
    or an animal. "Cartridge" means a tubular metal case having
    a projectile affixed at the front thereof and a cap or
    primer at the rear end thereof, with the propellant
    contained in such tube between the projectile and the cap;
    or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her person
    while in a building occupied by a unit of government, a
    billy club, other weapon of like character, or other
    instrument of like character intended for use as a weapon.
    For the purposes of this Section, "billy club" means a
    short stick or club commonly carried by police officers
    which is either telescopic or constructed of a solid piece
    of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. The possession of each weapon in violation of this
Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time of day or
    the time of year, in residential property owned, operated
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on the real
    property comprising any school, regardless of the time of
    day or the time of year, on residential property owned,
    operated or managed by a public housing agency or leased by
    a public housing agency as part of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on the real property comprising any
    courthouse, in any conveyance owned, leased or contracted
    by a school to transport students to or from school or a
    school related activity, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, or residential property owned, operated,
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development commits a Class 2 felony and shall be sentenced
    to a term of imprisonment of not less than 3 years and not
    more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated, or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity, or
    on any public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated or managed by a public
    housing agency or leased by a public housing agency as part
    of a scattered site or mixed-income development, on the
    real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased or contracted by a school to transport
    students to or from school or a school related activity, or
    on any public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 4 felony. "Courthouse" means any building
    that is used by the Circuit, Appellate, or Supreme Court of
    this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    (c) shall not apply to law enforcement officers or security
    officers of such school, college, or university or to
    students carrying or possessing firearms for use in
    training courses, parades, hunting, target shooting on
    school ranges, or otherwise with the consent of school
    authorities and which firearms are transported unloaded
    enclosed in a suitable case, box, or transportation
    package.
        (4) For the purposes of this subsection (c), "school"
    means any public or private elementary or secondary school,
    community college, college, or university.
    (d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
    (e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
9-5-08.)
 
    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.
    (a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any
    vehicle or concealed on or about his or her person except
    when on his or her land or in his or her abode, legal
    dwelling, or fixed place of business, or on the land or in
    the legal dwelling of another person as an invitee with
    that person's permission, any pistol, revolver, stun gun or
    taser or other firearm; or
        (2) Carries or possesses on or about his or her person,
    upon any public street, alley, or other public lands within
    the corporate limits of a city, village or incorporated
    town, except when an invitee thereon or therein, for the
    purpose of the display of such weapon or the lawful
    commerce in weapons, or except when on his or her own land
    or in his or her own abode, legal dwelling, or fixed place
    of business, or on the land or in the legal dwelling of
    another person as an invitee with that person's permission,
    any pistol, revolver, stun gun or taser or other firearm;
    and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded and
        immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        and the ammunition for the weapon was immediately
        accessible at the time of the offense; or
            (C) the person possessing the firearm has not been
        issued a currently valid Firearm Owner's
        Identification Card; or
            (D) the person possessing the weapon was
        previously adjudicated a delinquent minor under the
        Juvenile Court Act of 1987 for an act that if committed
        by an adult would be a felony; or
            (E) the person possessing the weapon was engaged in
        a misdemeanor violation of the Cannabis Control Act, in
        a misdemeanor violation of the Illinois Controlled
        Substances Act, or in a misdemeanor violation of the
        Methamphetamine Control and Community Protection Act;
        or
            (F) the person possessing the weapon is a member of
        a street gang or is engaged in street gang related
        activity, as defined in Section 10 of the Illinois
        Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order of
        protection issued against him or her within the
        previous 2 years; or
            (H) the person possessing the weapon was engaged in
        the commission or attempted commission of a
        misdemeanor involving the use or threat of violence
        against the person or property of another; or
            (I) the person possessing the weapon was under 21
        years of age and in possession of a handgun as defined
        in Section 24-3, unless the person under 21 is engaged
        in lawful activities under the Wildlife Code or
        described in subsection 24-2(b)(1), (b)(3), or
        24-2(f).
    (b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the
transportation or possession of weapons that:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card.
    (d) Sentence. Aggravated unlawful use of a weapon is a
Class 4 felony; a second or subsequent offense is a Class 2
felony for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years. Aggravated unlawful use of a weapon by a person who has
been previously convicted of a felony in this State or another
jurisdiction is a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 7 years. Aggravated unlawful use of a weapon
while wearing or in possession of body armor as defined in
Section 33F-1 by a person who has not been issued a valid
Firearms Owner's Identification Card in accordance with
Section 5 of the Firearm Owners Identification Card Act is a
Class X felony. The possession of each firearm in violation of
this Section constitutes a single and separate violation.
(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556,
eff. 9-11-05; 95-331, eff. 8-21-07.)
 
    (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
        (1) Peace officers, and any person summoned by a peace
    officer to assist in making arrests or preserving the
    peace, while actually engaged in assisting such officer.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense,
    while in the performance of their official duty, or while
    commuting between their homes and places of employment.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard or the
    Reserve Officers Training Corps, while in the performance
    of their official duty.
        (4) Special agents employed by a railroad or a public
    utility to perform police functions, and guards of armored
    car companies, while actually engaged in the performance of
    the duties of their employment or commuting between their
    homes and places of employment; and watchmen while actually
    engaged in the performance of the duties of their
    employment.
        (5) Persons licensed as private security contractors,
    private detectives, or private alarm contractors, or
    employed by an agency certified by the Department of
    Professional Regulation, if their duties include the
    carrying of a weapon under the provisions of the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004, while actually engaged
    in the performance of the duties of their employment or
    commuting between their homes and places of employment,
    provided that such commuting is accomplished within one
    hour from departure from home or place of employment, as
    the case may be. Persons exempted under this subdivision
    (a)(5) shall be required to have completed a course of
    study in firearms handling and training approved and
    supervised by the Department of Professional Regulation as
    prescribed by Section 28 of the Private Detective, Private
    Alarm, Private Security, Fingerprint Vendor, and Locksmith
    Act of 2004, prior to becoming eligible for this exemption.
    The Department of Professional Regulation shall provide
    suitable documentation demonstrating the successful
    completion of the prescribed firearms training. Such
    documentation shall be carried at all times when such
    persons are in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    industrial operation as a security guard for the protection
    of persons employed and private property related to such
    commercial or industrial operation, while actually engaged
    in the performance of his or her duty or traveling between
    sites or properties belonging to the employer, and who, as
    a security guard, is a member of a security force of at
    least 5 persons registered with the Department of
    Professional Regulation; provided that such security guard
    has successfully completed a course of study, approved by
    and supervised by the Department of Professional
    Regulation, consisting of not less than 40 hours of
    training that includes the theory of law enforcement,
    liability for acts, and the handling of weapons. A person
    shall be considered eligible for this exemption if he or
    she has completed the required 20 hours of training for a
    security officer and 20 hours of required firearm training,
    and has been issued a firearm control card by the
    Department of Professional Regulation. Conditions for the
    renewal of firearm control cards issued under the
    provisions of this Section shall be the same as for those
    cards issued under the provisions of the Private Detective,
    Private Alarm, Private Security, Fingerprint Vendor, and
    Locksmith Act of 2004. Such firearm control card shall be
    carried by the security guard at all times when he or she
    is in possession of a concealable weapon.
        (7) Agents and investigators of the Illinois
    Legislative Investigating Commission authorized by the
    Commission to carry the weapons specified in subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
        (8) Persons employed by a financial institution for the
    protection of other employees and property related to such
    financial institution, while actually engaged in the
    performance of their duties, commuting between their homes
    and places of employment, or traveling between sites or
    properties owned or operated by such financial
    institution, provided that any person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Professional Regulation,
    consisting of not less than 40 hours of training which
    includes theory of law enforcement, liability for acts, and
    the handling of weapons. A person shall be considered to be
    eligible for this exemption if he or she has completed the
    required 20 hours of training for a security officer and 20
    hours of required firearm training, and has been issued a
    firearm control card by the Department of Professional
    Regulation. Conditions for renewal of firearm control
    cards issued under the provisions of this Section shall be
    the same as for those issued under the provisions of the
    Private Detective, Private Alarm, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
    control card shall be carried by the person so trained at
    all times when such person is in possession of a
    concealable weapon. For purposes of this subsection,
    "financial institution" means a bank, savings and loan
    association, credit union or company providing armored car
    services.
        (9) Any person employed by an armored car company to
    drive an armored car, while actually engaged in the
    performance of his duties.
        (10) Persons who have been classified as peace officers
    pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors of the Office of the State's Attorneys Appellate
    Prosecutor to carry weapons pursuant to Section 7.06 of the
    State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    Attorney under Section 3-9005 of the Counties Code.
        (12.5) Probation officers while in the performance of
    their duties, or while commuting between their homes,
    places of employment or specific locations that are part of
    their assigned duties, with the consent of the chief judge
    of the circuit for which they are employed.
        (13) Court Security Officers while in the performance
    of their official duties, or while commuting between their
    homes and places of employment, with the consent of the
    Sheriff.
        (13.5) A person employed as an armed security guard at
    a nuclear energy, storage, weapons or development site or
    facility regulated by the Nuclear Regulatory Commission
    who has completed the background screening and training
    mandated by the rules and regulations of the Nuclear
    Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    to persons authorized under subdivisions (1) through
    (13.5) of this subsection to possess those weapons.
    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized for
    the purpose of practicing shooting at targets upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    while parading, with the special permission of the
    Governor.
        (3) Hunters, trappers or fishermen with a license or
    permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down in a
    non-functioning state or are not immediately accessible.
        (5) Carrying or possessing any pistol, revolver, stun
    gun or taser or other firearm on the land or in the legal
    dwelling of another person as an invitee with that person's
    permission.
    (c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
        (1) Peace officers while in performance of their
    official duties.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3) of this subsection to possess machine guns, if the
    machine guns are broken down in a non-functioning state or
    are not immediately accessible.
        (5) Persons licensed under federal law to manufacture
    any weapon from which 8 or more shots or bullets can be
    discharged by a single function of the firing device, or
    ammunition for such weapons, and actually engaged in the
    business of manufacturing such weapons or ammunition, but
    only with respect to activities which are within the lawful
    scope of such business, such as the manufacture,
    transportation, or testing of such weapons or ammunition.
    This exemption does not authorize the general private
    possession of any weapon from which 8 or more shots or
    bullets can be discharged by a single function of the
    firing device, but only such possession and activities as
    are within the lawful scope of a licensed manufacturing
    business described in this paragraph.
        During transportation, such weapons shall be broken
    down in a non-functioning state or not immediately
    accessible.
        (6) The manufacture, transport, testing, delivery,
    transfer or sale, and all lawful commercial or experimental
    activities necessary thereto, of rifles, shotguns, and
    weapons made from rifles or shotguns, or ammunition for
    such rifles, shotguns or weapons, where engaged in by a
    person operating as a contractor or subcontractor pursuant
    to a contract or subcontract for the development and supply
    of such rifles, shotguns, weapons or ammunition to the
    United States government or any branch of the Armed Forces
    of the United States, when such activities are necessary
    and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    shall also apply to any authorized agent of any such
    contractor or subcontractor who is operating within the
    scope of his employment, where such activities involving
    such weapon, weapons or ammunition are necessary and
    incident to fulfilling the terms of such contract.
        During transportation, any such weapon shall be broken
    down in a non-functioning state, or not immediately
    accessible.
    (d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
    (e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
        (1) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (2) Bonafide collectors of antique or surplus military
    ordinance.
        (3) Laboratories having a department of forensic
    ballistics, or specializing in the development of
    ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    explosive bullets by manufacturers of ammunition licensed
    by the federal government, in connection with the supply of
    those organizations and persons exempted by subdivision
    (g)(1) of this Section, or like organizations and persons
    outside this State, or the transportation of explosive
    bullets to any organization or person exempted in this
    Section by a common carrier or by a vehicle owned or leased
    by an exempted manufacturer.
    (g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, those devices shall be detached from any weapon
or not immediately accessible.
    (h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
95-885, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.