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| Public Act 102-0779 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by | ||||
changing Section 24-2 as follows:
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(720 ILCS 5/24-2)
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Sec. 24-2. Exemptions.
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(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:
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(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.
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(2) Wardens, superintendents and keepers of prisons,
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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.
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(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.
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(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.
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(5) Persons licensed as private security contractors, | ||
private
detectives, or private alarm contractors, or | ||
employed by a private security contractor, private | ||
detective, or private alarm contractor agency licensed
by | ||
the Department of Financial and Professional Regulation, | ||
if their duties
include the carrying of a weapon under the | ||
provisions of the Private
Detective, Private Alarm,
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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. A person shall be | ||
considered eligible for this
exemption if he or she has | ||
completed the required 20
hours of training for a private | ||
security contractor, private
detective, or private alarm | ||
contractor, or employee of a licensed private security | ||
contractor, private detective, or private alarm contractor | ||
agency and 28 hours of required firearm
training, and has | ||
been issued a firearm control card by
the Department of | ||
Financial and 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. The
firearm control | ||
card shall be carried by the private security contractor, | ||
private
detective, or private alarm contractor, or | ||
employee of the licensed private security contractor, | ||
private detective, or private alarm contractor agency at | ||
all
times when he or she is in possession of a concealable | ||
weapon permitted by his or her firearm control card.
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(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
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employer, and who, as a security guard, is a member of a | ||
security force registered with the Department of Financial | ||
and Professional
Regulation; provided that such security | ||
guard has successfully completed a
course of study, | ||
approved by and supervised by the Department of
Financial | ||
and Professional Regulation, consisting of not less than | ||
48 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
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exemption if he or she has completed the required 20
hours | ||
of training for a security officer and 28 hours of | ||
required firearm
training, and has been issued a firearm | ||
control card by
the Department of Financial and | ||
Professional Regulation. Conditions for the renewal of
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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,
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Private Security, Fingerprint Vendor, and Locksmith Act of | ||
2004. The
firearm control card shall be carried by the | ||
security guard at all
times when he or she is in possession | ||
of a concealable weapon permitted by his or her firearm | ||
control card.
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(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
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any investigation for the Commission.
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(8) Persons employed by a financial institution as a | ||
security guard for the protection of
other employees and | ||
property related to such financial institution, while
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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, and who, as a security guard, | ||
is a member of a security force registered with the | ||
Department; provided that
any person so employed has | ||
successfully completed a course of study,
approved by and | ||
supervised by the Department of Financial and Professional | ||
Regulation,
consisting of not less than 48 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 28 hours of required firearm | ||
training, and has been issued a
firearm control card by | ||
the Department of Financial and Professional Regulation.
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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. The
firearm control | ||
card shall be carried by the security guard at all times | ||
when he or she is in possession of a concealable
weapon | ||
permitted by his or her firearm control card. For purposes | ||
of this subsection, "financial institution" means a
bank, | ||
savings and loan association, credit union or company | ||
providing
armored car services.
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(9) Any person employed by an armored car company to | ||
drive an armored
car, while actually engaged in the | ||
performance of his duties.
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(10) Persons who have been classified as peace | ||
officers pursuant
to the Peace Officer Fire Investigation | ||
Act.
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(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.
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(12) Special investigators appointed by a State's | ||
Attorney under
Section 3-9005 of the Counties Code.
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(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, if they | ||
have received weapons training according
to requirements | ||
of the Peace Officer and Probation Officer Firearm | ||
Training Act.
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(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.
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(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
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mandated by the rules and regulations of the Nuclear | ||
Regulatory Commission.
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(14) Manufacture, transportation, or sale of weapons | ||
to
persons
authorized under subdivisions (1) through | ||
(13.5) of this
subsection
to
possess those weapons.
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(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||
to
or affect any person carrying a concealed pistol, revolver, | ||
or handgun and the person has been issued a currently valid | ||
license under the Firearm Concealed Carry Act at the time of | ||
the commission of the offense. | ||
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||
to
or affect a qualified current or retired law enforcement | ||
officer or a current or retired deputy, county correctional | ||
officer, or correctional officer of the Department of | ||
Corrections qualified under the laws of this State or under | ||
the federal Law Enforcement Officers Safety Act. | ||
(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:
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(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.
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(2) Duly authorized military or civil organizations | ||
while parading,
with the special permission of the | ||
Governor.
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(3) Hunters, trappers or fishermen with a license or
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permit while engaged in hunting,
trapping or fishing.
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(4) Transportation of weapons that are broken down in | ||
a
non-functioning state or are not immediately accessible.
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(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:
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(1) Peace officers while in performance of their | ||
official duties.
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(2) Wardens, superintendents and keepers of prisons, | ||
penitentiaries,
jails and other institutions for the | ||
detention of persons accused or
convicted of an offense.
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(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.
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(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.
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(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.
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During transportation, such weapons shall be broken | ||
down in a
non-functioning state or not immediately | ||
accessible.
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(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.
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The exemption granted under this subdivision (c)(6)
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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.
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(7) A person possessing a rifle with a barrel or | ||
barrels less than 16 inches in length if: (A) the person | ||
has been issued a Curios and Relics license from the U.S. | ||
Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||
(B) the person is an active member of a bona fide, | ||
nationally recognized military re-enacting group and the | ||
modification is required and necessary to accurately | ||
portray the weapon for historical re-enactment purposes; | ||
the re-enactor is in possession of a valid and current | ||
re-enacting group membership credential; and the overall | ||
length of the weapon as modified is not less than 26 | ||
inches. | ||
(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.
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(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.
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(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.
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(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||
to:
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(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.
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(2) Bonafide collectors of antique or surplus military | ||
ordnance.
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(3) Laboratories having a department of forensic | ||
ballistics, or
specializing in the development of | ||
ammunition or explosive ordnance.
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(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
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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.
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(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
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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
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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
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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, these devices shall be detached from | ||
any weapon
or
not immediately accessible.
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(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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24-1.6 do not apply to
or affect any parole agent or parole | ||
supervisor who meets the qualifications and conditions | ||
prescribed in Section 3-14-1.5 of the Unified Code of | ||
Corrections. | ||
(g-7) Subsection 24-1(a)(6) does not apply to a peace | ||
officer while serving as a member of a tactical response team | ||
or special operations team. A peace officer may not personally | ||
own or apply for ownership of a device or attachment of any | ||
kind designed, used, or intended for use in silencing the | ||
report of any firearm. These devices shall be owned and | ||
maintained by lawfully recognized units of government whose | ||
duties include the investigation of criminal acts. | ||
(g-10) (Blank). | ||
(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.
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(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.
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(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.) | ||
Section 10. The Unified Code of Corrections is amended by | ||
adding Section 3-2-14 as follows: | ||
(730 ILCS 5/3-2-14 new) | ||
Sec. 3-2-14. Correctional officers of the Department of | ||
Corrections; coverage under the federal Law Enforcement | ||
Officers Safety Act of 2004. Correctional officers of the | ||
Department of Corrections shall be deemed to be qualified law | ||
enforcement officers or, for retired correctional officers of | ||
the Department of Corrections, shall be deemed qualified | ||
retired or separated law enforcement officers in Illinois for | ||
purposes of coverage under the federal Law Enforcement | ||
Officers Safety Act of 2004 and shall have all rights and | ||
privileges granted by that Act if the correctional officer or | ||
retired correctional officer is otherwise compliant with the | ||
applicable laws of this State governing the implementation and | ||
administration of the federal Law Enforcement Officers Safety | ||
Act of 2004 in the State of Illinois. | ||
Section 15. The County Jail Act is amended by adding | ||
Section 26.1 as follows: | ||
(730 ILCS 125/26.1 new) | ||
Sec. 26.1. Deputies and county correctional officers; | ||
coverage under the federal Law Enforcement Officers Safety Act | ||
of 2004. Deputies and county correctional officers shall be | ||
deemed to be qualified law enforcement officers or, if | ||
retired, shall be deemed qualified retired or separated law | ||
enforcement officers in Illinois for purposes of coverage | ||
under the federal Law Enforcement Officers Safety Act of 2004 | ||
and shall have all rights and privileges granted by that Act if | ||
the deputy or county correctional officer or retired deputy or | ||
county correctional officer is otherwise compliant with the | ||
applicable laws of this State governing the implementation and | ||
administration of the federal Law Enforcement Officers Safety | ||
Act of 2004 in the State of Illinois. | ||