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| Public Act 096-0230 |
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AN ACT concerning criminal law.
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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 1961 is amended by changing | ||||
Section 24-2 as follows:
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(720 ILCS 5/24-2) (from Ch. 38, par. 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 an agency
certified by the Department of | ||
Professional Regulation, if their duties
include the | ||
carrying of a weapon under the provisions of the Private
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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
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(a)(5) shall be required to have completed a course of
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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
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documentation shall be carried at all times when such | ||
persons are in
possession of a concealable weapon.
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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
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.
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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 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
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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,
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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
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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.
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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.
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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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(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
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non-functioning state or are not immediately accessible.
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(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
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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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During transportation, any such weapon shall be broken | ||
down in a
non-functioning state, or not immediately | ||
accessible.
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(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 | ||
ordinance.
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(3) Laboratories having a department of forensic | ||
ballistics, or
specializing in the development of | ||
ammunition or explosive ordinance.
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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
ammunition
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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
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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
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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
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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. | ||
(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
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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
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carrying box, shipping box, or other container, by the | ||
possessor of a valid
Firearm Owners Identification Card.
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(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||
95-885, eff. 1-1-09.)
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Section 10. The Unified Code of Corrections is amended by | ||
adding Section 3-14-1.5 as follows: | ||
(730 ILCS 5/3-14-1.5 new)
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Sec. 3-14-1.5. Parole agents and parole supervisors; | ||
off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and | ||
Section 24-1.6 do not apply to parole agents and parole | ||
supervisors who meet the following conditions: | ||
(1) The parole agent or parole supervisor must receive | ||
training in the use of firearms while off-duty conducted by the | ||
Illinois Law Enforcement Training Standards Board and be | ||
certified as having successfully completing such training by | ||
the Board. The Board shall determine the amount of such | ||
training and the course content for such training. The parole | ||
agent or parole supervisor shall requalify for the firearms | ||
training annually at a State range certified by the Illinois | ||
Law Enforcement Training Standards Board. The expenses of such | ||
retraining shall be paid by the parole agent or parole | ||
supervisor and moneys for such requalification shall be | ||
expended at the request of the Illinois Law Enforcement | ||
Training Standards Board. | ||
(2) The parole agent or parole supervisor shall purchase | ||
such firearm at his or her own expense and shall register the | ||
firearm with the Illinois Department of State Police and with | ||
any other local law enforcement agencies that require such | ||
registration. | ||
(3) The parole agent or parole supervisor may not carry any | ||
Illinois Department of Corrections State issued firearm while | ||
off-duty. A person who violates this paragraph (3) is subject | ||
to disciplinary action by the Illinois Department of | ||
Corrections. | ||
(4) Parole agents and supervisors who are discharged from | ||
employment of the Illinois Department of Corrections shall no | ||
longer be considered law enforcement officials and all their | ||
rights as law enforcement officials shall be revoked | ||
permanently.
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