Public Act 097-1010
 
HB5682 EnrolledLRB097 17834 RLC 66082 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 
Section 24-2 as follows:
 
 

    (720 ILCS 5/24-2)

 
    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 
    Financial and 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.  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 agency and 20 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 agency at all

    times when he or she is in possession of a concealable 
    weapon. 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 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 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 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 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 Financial and 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 Financial and 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.

        (7)  An active member of a bona fide, nationally 
    recognized military re-enacting group possessing  a vintage 
    rifle or modern reproduction thereof with a barrel or 
    barrels less than 16 inches in length for the purpose of 
    using the rifle during historical re-enactments 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  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.
        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.

    (g-6)  Subsections 24-1(a)(4) and 24-1(a)(10) and Section

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-10)  Subsections 24-1(a)(4), 24-1(a)(8), and 
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
athlete's possession, transport on official Olympic and 
Paralympic transit systems established for athletes, or use of 
competition firearms sanctioned by the International Olympic 
Committee, the International Paralympic Committee, the 
International Shooting Sport Federation, or USA Shooting in 
connection with such athlete's training for and participation 
in shooting competitions at the 2016 Olympic and Paralympic 
Games and sanctioned test events leading up to the 2016 Olympic 
and Paralympic Games. 
    (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. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, 
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)