Public Act 096-0742
Public Act 0742 96TH GENERAL ASSEMBLY
|
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.
|
Effective Date: 8/25/2009
|