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91_HB0739enr HB0739 Enrolled LRB9103480KSmb 1 AN ACT to re-enact the provisions of Section 24-1 of the 2 Criminal Code of 1961 contained in Public Act 88-680 and to 3 amend the Criminal Code of 1961 and the Firearm Owners 4 Identification Card Act. 5 Be it enacted by the People of the State of Illinois, 6 represented in the General Assembly: 7 Section 1. Purpose. 8 (1) The General Assembly finds and declares that: 9 (i) Public Act 88-680, effective January 1, 1995, 10 contained provisions amending various criminal statutes. 11 Public Act 88-680 also contained other provisions. 12 (ii) In addition, Public Act 88-680 was entitled 13 "AN ACT to create a Safe Neighborhoods Law". (A) Article 14 5 was entitled JUVENILE JUSTICE and amended the Juvenile 15 Court Act of 1987. (B) Article 15 was entitled GANGS and 16 amended various provisions of the Criminal Code of 1961 17 and the Unified Code of Corrections. (C) Article 20 was 18 entitled ALCOHOL ABUSE and amended various provisions of 19 the Illinois Vehicle Code. (D) Article 25 was entitled 20 DRUG ABUSE and amended the Cannabis Control Act and the 21 Illinois Controlled Substances Act. (E) Article 30 was 22 entitled FIREARMS and amended the Criminal Code of 1961 23 and the Code of Criminal Procedure of 1963. (F) Article 24 35 amended the Criminal Code of 1961, the Rights of Crime 25 Victims and Witnesses Act, and the Unified Code of 26 Corrections. (G) Article 40 amended the Criminal Code of 27 1961 to increase the penalty for compelling organization 28 membership of persons. (H) Article 45 created the Secure 29 Residential Youth Care Facility Licensing Act and amended 30 the State Finance Act, the Juvenile Court Act of 1987, 31 the Unified Code of Corrections, and the Private 32 Correctional Facility Moratorium Act. (I) Article 50 HB0739 Enrolled -2- LRB9103480KSmb 1 amended the WIC Vendor Management Act, the Firearm Owners 2 Identification Card Act, the Juvenile Court Act of 1987, 3 the Criminal Code of 1961, the Wrongs to Children Act, 4 and the Unified Code of Corrections. 5 (iii) On December 2, 1999, the Illinois Supreme 6 Court, in People v. Cervantes, Docket No. 87229, ruled 7 that Public Act 88-680 violates the single subject clause 8 of the Illinois Constitution (Article IV, Section 8 (d)) 9 and was unconstitutional in its entirety. 10 (iv) The provisions of Section 24-1 of the Criminal 11 Code of 1961 contained in Public Act 88-680 are of vital 12 concern to the people of this State and legislative 13 action concerning these provisions of Public Act 88-680 14 is necessary. 15 (2) It is the purpose of this Act to re-enact Section 16 24-1 of the Criminal Code of 1961 contained in Public Act 17 88-680, including subsequent amendments. This re-enactment is 18 intended to remove any question as to the validity or 19 content of those provisions. 20 (3) This Act re-enacts Section 24-1 of the Criminal Code 21 of 1961 contained in Public Act 88-680, including subsequent 22 amendments, to remove any question as to the validity or 23 content of those provisions; it is not intended to supersede 24 any other Public Act that amends the text of the Sections as 25 set forth in this Act. The material is shown as existing text 26 (i.e., without underscoring), except (i) for technical 27 changes having a revisory function and (ii) as provided in 28 subsection (4) of this Section. 29 (4) In addition to re-enacting Section 24-1 of the 30 Criminal Code of 1961, this Act amends that Section. This 31 Act also adds Section 24-1.6 and amends Section 24-2 of the 32 Criminal Code of 1961 and Section 13.2 of the Firearm Owners 33 Identification Card Act. The amendments are shown by 34 underscoring and striking text. HB0739 Enrolled -3- LRB9103480KSmb 1 Section 5. The Firearm Owners Identification Card Act is 2 amended by changing Section 13.2 as follows: 3 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2) 4 Sec. 13.2. The Department of State Police shall, 60305 days prior to the expiration of a Firearm Owner's 6 Identification Card, forward by first class mail to each 7 person whose card is to expire a notification of the 8 expiration of the card and an application which may be used 9 to apply for renewal of the card. It is the obligation of the 10 holder of a Firearm Owner's Identification Card to notify the 11 Department of State Police of any address change since the 12 issuance of the Firearm Owner's Identification Card. 13 (Source: P.A. 84-25.) 14 Section 10. The Criminal Code of 1961 is amended by 15 re-enacting and amending Section 24-1, amending Section 24-2, 16 and adding Section 24-1.6 as follows: 17 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) 18 Sec. 24-1. Unlawful Use of Weapons. 19 (a) A person commits the offense of unlawful use of 20 weapons when he knowingly: 21 (1) Sells, manufactures, purchases, possesses or 22 carries any bludgeon, black-jack, slung-shot, sand-club, 23 sand-bag, metal knuckles, throwing star, or any knife, 24 commonly referred to as a switchblade knife, which has a 25 blade that opens automatically by hand pressure applied 26 to a button, spring or other device in the handle of the 27 knife, or a ballistic knife, which is a device that 28 propels a knifelike blade as a projectile by means of a 29 coil spring, elastic material or compressed gas; or 30 (2) Carries or possesses with intent to use the 31 same unlawfully against another, a dagger, dirk, billy, HB0739 Enrolled -4- LRB9103480KSmb 1 dangerous knife, razor, stiletto, broken bottle or other 2 piece of glass, stun gun or taser or any other dangerous 3 or deadly weapon or instrument of like character; or 4 (3) Carries on or about his person or in any 5 vehicle, a tear gas gun projector or bomb or any object 6 containing noxious liquid gas or substance, other than an 7 object containing a non-lethal noxious liquid gas or 8 substance designed solely for personal defense carried by 9 a person 18 years of age or older; or 10 (4) Carries or possesses in any vehicle or 11 concealed on or about his person except when on his land 12 or in his own abode or fixed place of business any 13 pistol, revolver, stun gun or taser or other firearm, 14 except that this subsection (a) (4) does not apply to or 15 affect transportation of weapons that meet one of the 16 following conditions: 17 (i) are broken down in a non-functioning 18 state; or 19 (ii) are not immediately accessible; or 20 (iii) are unloaded and enclosed in a case, 21 firearm carrying box, shipping box, or other 22 container by a person who has been issued a 23 currently valid Firearm Owner's Identification Card; 24 or 25 (5) Sets a spring gun; or 26 (6) Possesses any device or attachment of any kind 27 designed, used or intended for use in silencing the 28 report of any firearm; or 29 (7) Sells, manufactures, purchases, possesses or 30 carries: 31 (i) a machine gun, which shall be defined for 32 the purposes of this subsection as any weapon, which 33 shoots, is designed to shoot, or can be readily 34 restored to shoot, automatically more than one shot HB0739 Enrolled -5- LRB9103480KSmb 1 without manually reloading by a single function of 2 the trigger, including the frame or receiver of any 3 such weapon, or sells, manufactures, purchases, 4 possesses, or carries any combination of parts 5 designed or intended for use in converting any 6 weapon into a machine gun, or any combination or 7 parts from which a machine gun can be assembled if 8 such parts are in the possession or under the 9 control of a person; 10 (ii) any rifle having one or more barrels less 11 than 16 inches in length or a shotgun having one or 12 more barrels less than 18 inches in length or any 13 weapon made from a rifle or shotgun, whether by 14 alteration, modification, or otherwise, if such a 15 weapon as modified has an overall length of less 16 than 26 inches; or 17 (iii) any bomb, bomb-shell, grenade, bottle or 18 other container containing an explosive substance of 19 over one-quarter ounce for like purposes, such as, 20 but not limited to, black powder bombs and Molotov 21 cocktails or artillery projectiles; or 22 (8) Carries or possesses any firearm, stun gun or 23 taser or other deadly weapon in any place which is 24 licensed to sell intoxicating beverages, or at any public 25 gathering held pursuant to a license issued by any 26 governmental body or any public gathering at which an 27 admission is charged, excluding a place where a showing, 28 demonstration or lecture involving the exhibition of 29 unloaded firearms is conducted. 30 This subsection (a)(8) does not apply to any auction 31 or raffle of a firearm held pursuant to a license or 32 permit issued by a governmental body, nor does it apply 33 to persons engaged in firearm safety training courses; or 34 (9) Carries or possesses in a vehicle or on or HB0739 Enrolled -6- LRB9103480KSmb 1 about his person any pistol, revolver, stun gun or taser 2 or firearm or ballistic knife, when he is hooded, robed 3 or masked in such manner as to conceal his identity; or 4 (10) Carries or possesses on or about his person, 5 upon any public street, alley, or other public lands 6 within the corporate limits of a city, village or 7 incorporated town, except when an invitee thereon or 8 therein, for the purpose of the display of such weapon or 9 the lawful commerce in weapons, or except when on his 10 land or in his own abode or fixed place of business, any 11 pistol, revolver, stun gun or taser or other firearm, 12 except that this subsection (a) (10) does not apply to or 13 affect transportation of weapons that meet one of the 14 following conditions: 15 (i) are broken down in a non-functioning 16 state; or 17 (ii) are not immediately accessible; or 18 (iii) are unloaded and enclosed in a case, 19 firearm carrying box, shipping box, or other 20 container by a person who has been issued a 21 currently valid Firearm Owner's Identification Card. 22 A "stun gun or taser", as used in this paragraph (a) 23 means (i) any device which is powered by electrical 24 charging units, such as, batteries, and which fires one 25 or several barbs attached to a length of wire and which, 26 upon hitting a human, can send out a current capable of 27 disrupting the person's nervous system in such a manner 28 as to render him incapable of normal functioning or (ii) 29 any device which is powered by electrical charging units, 30 such as batteries, and which, upon contact with a human 31 or clothing worn by a human, can send out current capable 32 of disrupting the person's nervous system in such a 33 manner as to render him incapable of normal functioning; 34 or HB0739 Enrolled -7- LRB9103480KSmb 1 (11) Sells, manufactures or purchases any explosive 2 bullet. For purposes of this paragraph (a) "explosive 3 bullet" means the projectile portion of an ammunition 4 cartridge which contains or carries an explosive charge 5 which will explode upon contact with the flesh of a human 6 or an animal. "Cartridge" means a tubular metal case 7 having a projectile affixed at the front thereof and a 8 cap or primer at the rear end thereof, with the 9 propellant contained in such tube between the projectile 10 and the cap; or 11 (12) (Blank). 12 (b) Sentence. A person convicted of a violation of 13 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 14(3), subsection 24-1(a)(5), subsection 24-1(a)(8),or 15 subsection 24-1(a)(11) commits a Class A misdemeanor. A 16 person convicted of a violation of subsection 24-1(a)(8) or 1724-1(a)(4),24-1(a)(9), or 24-1(a)(10)commits a Class 4 18 felony; a person convicted of a violation of subsection 19 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 20 felony. A person convicted of a violation of subsection 21 24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is 22 possessed in the passenger compartment of a motor vehicle as 23 defined in Section 1-146 of the Illinois Vehicle Code, or on 24 the person, while the weapon is loaded, in which case it 25 shall be a Class X felony. A person convicted of a second 26 or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 27 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. 28 (c) Violations in specific places. 29 (1) A person who violates subsection 24-1(a)(6) or 30 24-1(a)(7) in any school, regardless of the time of day 31 or the time of year, in residential property owned, 32 operated or managed by a public housing agency or leased 33 by a public housing agency as part of a scattered site or 34 mixed-income development, in a public park, in a HB0739 Enrolled -8- LRB9103480KSmb 1 courthouse, on the real property comprising any school, 2 regardless of the time of day or the time of year, on 3 residential property owned, operated or managed by a 4 public housing agency or leased by a public housing 5 agency as part of a scattered site or mixed-income 6 development, on the real property comprising any public 7 park, on the real property comprising any courthouse, in 8 any conveyance owned, leased or contracted by a school to 9 transport students to or from school or a school related 10 activity, or on any public way within 1,000 feet of the 11 real property comprising any school, public park, 12 courthouse, or residential property owned, operated, or 13 managed by a public housing agency or leased by a public 14 housing agency as part of a scattered site or 15 mixed-income development commits a Class 2 felony. 16 (1.5) A person who violates subsection 24-1(a)(4), 17 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 18 the time of day or the time of year, in residential 19 property owned, operated, or managed by a public housing 20 agency or leased by a public housing agency as part of a 21 scattered site or mixed-income development, in a public 22 park, in a courthouse, on the real property comprising 23 any school, regardless of the time of day or the time of 24 year, on residential property owned, operated, or managed 25 by a public housing agency or leased by a public housing 26 agency as part of a scattered site or mixed-income 27 development, on the real property comprising any public 28 park, on the real property comprising any courthouse, in 29 any conveyance owned, leased, or contracted by a school 30 to transport students to or from school or a school 31 related activity, or on any public way within 1,000 feet 32 of the real property comprising any school, public park, 33 courthouse, or residential property owned, operated, or 34 managed by a public housing agency or leased by a public HB0739 Enrolled -9- LRB9103480KSmb 1 housing agency as part of a scattered site or 2 mixed-income development commits a Class 3 felony. 3 (2) A person who violates subsection 24-1(a)(1), 4 24-1(a)(2), or 24-1(a)(3) in any school, regardless of 5 the time of day or the time of year, in residential 6 property owned, operated or managed by a public housing 7 agency or leased by a public housing agency as part of a 8 scattered site or mixed-income development, in a public 9 park, in a courthouse, on the real property comprising 10 any school, regardless of the time of day or the time of 11 year, on residential property owned, operated or managed 12 by a public housing agency or leased by a public housing 13 agency as part of a scattered site or mixed-income 14 development, on the real property comprising any public 15 park, on the real property comprising any courthouse, in 16 any conveyance owned, leased or contracted by a school to 17 transport students to or from school or a school related 18 activity, or on any public way within 1,000 feet of the 19 real property comprising any school, public park, 20 courthouse, or residential property owned, operated, or 21 managed by a public housing agency or leased by a public 22 housing agency as part of a scattered site or 23 mixed-income development commits a Class 4 felony. 24 "Courthouse" means any building that is used by the 25 Circuit, Appellate, or Supreme Court of this State for 26 the conduct of official business. 27 (3) Paragraphs (1), (1.5), and (2) of this 28 subsection (c) shall not apply to law enforcement 29 officers or security officers of such school, college, or 30 university or to students carrying or possessing firearms 31 for use in training courses, parades, hunting, target 32 shooting on school ranges, or otherwise with the consent 33 of school authorities and which firearms are transported 34 unloaded enclosed in a suitable case, box, or HB0739 Enrolled -10- LRB9103480KSmb 1 transportation package. 2 (4) For the purposes of this subsection (c), 3 "school" means any public or private elementary or 4 secondary school, community college, college, or 5 university. 6 (d) The presence in an automobile other than a public 7 omnibus of any weapon, instrument or substance referred to in 8 subsection (a)(7) is prima facie evidence that it is in the 9 possession of, and is being carried by, all persons occupying 10 such automobile at the time such weapon, instrument or 11 substance is found, except under the following circumstances: 12 (i) if such weapon, instrument or instrumentality is found 13 upon the person of one of the occupants therein; or (ii) if 14 such weapon, instrument or substance is found in an 15 automobile operated for hire by a duly licensed driver in the 16 due, lawful and proper pursuit of his trade, then such 17 presumption shall not apply to the driver. 18 (e) Exemptions. Crossbows, Common or Compound bows and 19 Underwater Spearguns are exempted from the definition of 20 ballistic knife as defined in paragraph (1) of subsection (a) 21 of this Section. 22 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.) 23 (720 ILCS 5/24-1.6 new) 24 Sec. 24-1.6. Aggravated unlawful use of a weapon. 25 (a) A person commits the offense of aggravated unlawful 26 use of a weapon when he or she knowingly: 27 (1) Carries on or about his or her person or in any 28 vehicle or concealed on or about his or her person except 29 when on his or her land or in his or her abode or fixed 30 place of business any pistol, revolver, stun gun or taser 31 or other firearm; or 32 (2) Carries or possesses on or about his or her 33 person, upon any public street, alley, or other public HB0739 Enrolled -11- LRB9103480KSmb 1 lands within the corporate limits of a city, village or 2 incorporated town, except when an invitee thereon or 3 therein, for the purpose of the display of such weapon or 4 the lawful commerce in weapons, or except when on his or 5 her own land or in his or her own abode or fixed place of 6 business, any pistol, revolver, stun gun or taser or 7 other firearm; and 8 (3) One of the following factors is present: 9 (A) the firearm possessed was uncased, loaded 10 and immediately accessible at the time of the 11 offense; or 12 (B) the firearm possessed was uncased, 13 unloaded and the ammunition for the weapon was 14 immediately accessible at the time of the offense; 15 or 16 (C) the person possessing the firearm has not 17 been issued a currently valid Firearm Owner's 18 Identification Card; or 19 (D) the person possessing the weapon was 20 previously adjudicated a delinquent minor under the 21 Juvenile Court Act of 1987 for an act that if 22 committed by an adult would be a felony; or 23 (E) the person possessing the weapon was 24 engaged in a misdemeanor violation of the Cannabis 25 Control Act or in a misdemeanor violation of the 26 Illinois Controlled Substances Act; or 27 (F) the person possessing the weapon is a 28 member of a street gang or is engaged in street gang 29 related activity, as defined in Section 10 of the 30 Illinois Streetgang Terrorism Omnibus Prevention 31 Act; or 32 (G) the person possessing the weapon had a 33 order of protection issued against him or her within 34 the previous 2 years; or HB0739 Enrolled -12- LRB9103480KSmb 1 (H) the person possessing the weapon was 2 engaged in the commission or attempted commission of 3 a misdemeanor involving the use or threat of 4 violence against the person or property of another; 5 or 6 (I) the person possessing the weapon was under 7 21 years of age and in possession of a handgun as 8 defined in Section 24-3, unless the person under 21 9 is engaged in lawful activities under the Wildlife 10 Code or described in subsection 24-2(b)(1), (b)(3), 11 or 24-2(f). 12 (b) "Stun gun or taser" as used in this Section has the 13 same definition given to it in Section 24-1 of this Code. 14 (c) This Section does not apply to or affect the 15 transportation or possession of weapons that: 16 (i) are broken down in a non-functioning 17 state; or 18 (ii) are not immediately accessible; or 19 (iii) are unloaded and enclosed in a case, 20 firearm carrying box, shipping box, or other 21 container by a person who has been issued a 22 currently valid Firearm Owner's Identification Card. 23 (d) Sentence. Aggravated unlawful use of a weapon is a 24 Class 4 felony; a second or subsequent offense is a Class 2 25 felony. Aggravated unlawful use of a weapon by a person who 26 has been previously convicted of a felony in this State or 27 another jurisdiction is a Class 2 felony. 28 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) 29 Sec. 24-2. Exemptions. 30 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) 31 and Section 24-1.6 do not apply to or affect any of the 32 following: 33 (1) Peace officers, and any person summoned by a HB0739 Enrolled -13- LRB9103480KSmb 1 peace officer to assist in making arrests or preserving 2 the peace, while actually engaged in assisting such 3 officer. 4 (2) Wardens, superintendents and keepers of 5 prisons, penitentiaries, jails and other institutions for 6 the detention of persons accused or convicted of an 7 offense, while in the performance of their official duty, 8 or while commuting between their homes and places of 9 employment. 10 (3) Members of the Armed Services or Reserve Forces 11 of the United States or the Illinois National Guard or 12 the Reserve Officers Training Corps, while in the 13 performance of their official duty. 14 (4) Special agents employed by a railroad or a 15 public utility to perform police functions, and guards of 16 armored car companies, while actually engaged in the 17 performance of the duties of their employment or 18 commuting between their homes and places of employment; 19 and watchmen while actually engaged in the performance of 20 the duties of their employment. 21 (5) Persons licensed as private security 22 contractors, private detectives, or private alarm 23 contractors, or employed by an agency certified by the 24 Department of Professional Regulation, if their duties 25 include the carrying of a weapon under the provisions of 26 the Private Detective, Private Alarm, and Private 27 Security Act of 1983, while actually engaged in the 28 performance of the duties of their employment or 29 commuting between their homes and places of employment, 30 provided that such commuting is accomplished within one 31 hour from departure from home or place of employment, as 32 the case may be. Persons exempted under this subdivision 33 (a)(5) shall be required to have completed a course of 34 study in firearms handling and training approved and HB0739 Enrolled -14- LRB9103480KSmb 1 supervised by the Department of Professional Regulation 2 as prescribed by Section 28 of the Private Detective, 3 Private Alarm, and Private Security Act of 1983, prior to 4 becoming eligible for this exemption. The Department of 5 Professional Regulation shall provide suitable 6 documentation demonstrating the successful completion of 7 the prescribed firearms training. Such documentation 8 shall be carried at all times when such persons are in 9 possession of a concealable weapon. 10 (6) Any person regularly employed in a commercial 11 or industrial operation as a security guard for the 12 protection of persons employed and private property 13 related to such commercial or industrial operation, while 14 actually engaged in the performance of his or her duty or 15 traveling between sites or properties belonging to the 16 employer, and who, as a security guard, is a member of a 17 security force of at least 5 persons registered with the 18 Department of Professional Regulation; provided that such 19 security guard has successfully completed a course of 20 study, approved by and supervised by the Department of 21 Professional Regulation, consisting of not less than 40 22 hours of training that includes the theory of law 23 enforcement, liability for acts, and the handling of 24 weapons. A person shall be considered eligible for this 25 exemption if he or she has completed the required 20 26 hours of training for a security officer and 20 hours of 27 required firearm training, and has been issued a firearm 28 authorization card by the Department of Professional 29 Regulation. Conditions for the renewal of firearm 30 authorization cards issued under the provisions of this 31 Section shall be the same as for those cards issued under 32 the provisions of the Private Detective, Private Alarm 33 and Private Security Act of 1983. Such firearm 34 authorization card shall be carried by the security guard HB0739 Enrolled -15- LRB9103480KSmb 1 at all times when he or she is in possession of a 2 concealable weapon. 3 (7) Agents and investigators of the Illinois 4 Legislative Investigating Commission authorized by the 5 Commission to carry the weapons specified in subsections 6 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 7 any investigation for the Commission. 8 (8) Persons employed by a financial institution for 9 the protection of other employees and property related to 10 such financial institution, while actually engaged in the 11 performance of their duties, commuting between their 12 homes and places of employment, or traveling between 13 sites or properties owned or operated by such financial 14 institution, provided that any person so employed has 15 successfully completed a course of study, approved by and 16 supervised by the Department of Professional Regulation, 17 consisting of not less than 40 hours of training which 18 includes theory of law enforcement, liability for acts, 19 and the handling of weapons. A person shall be considered 20 to be eligible for this exemption if he or she has 21 completed the required 20 hours of training for a 22 security officer and 20 hours of required firearm 23 training, and has been issued a firearm authorization 24 card by the Department of Professional Regulation. 25 Conditions for renewal of firearm authorization cards 26 issued under the provisions of this Section shall be the 27 same as for those issued under the provisions of the 28 Private Detective, Private Alarm and Private Security Act 29 of 1983. Such firearm authorization card shall be 30 carried by the person so trained at all times when such 31 person is in possession of a concealable weapon. For 32 purposes of this subsection, "financial institution" 33 means a bank, savings and loan association, credit union 34 or company providing armored car services. HB0739 Enrolled -16- LRB9103480KSmb 1 (9) Any person employed by an armored car company 2 to drive an armored car, while actually engaged in the 3 performance of his duties. 4 (10) Persons who have been classified as peace 5 officers pursuant to the Peace Officer Fire Investigation 6 Act. 7 (11) Investigators of the Office of the State's 8 Attorneys Appellate Prosecutor authorized by the board of 9 governors of the Office of the State's Attorneys 10 Appellate Prosecutor to carry weapons pursuant to Section 11 7.06 of the State's Attorneys Appellate Prosecutor's Act. 12 (12) Special investigators appointed by a State's 13 Attorney under Section 3-9005 of the Counties Code. 14 (13) Court Security Officers while in the 15 performance of their official duties, or while commuting 16 between their homes and places of employment, with the 17 consent of the Sheriff. 18 (13.5) A person employed as an armed security guard 19 at a nuclear energy, storage, weapons or development site 20 or facility regulated by the Nuclear Regulatory 21 Commission who has completed the background screening and 22 training mandated by the rules and regulations of the 23 Nuclear Regulatory Commission. 24 (14) Manufacture, transportation, or sale of 25 weapons to persons authorized under subdivisions (1) 26 through (13.5) of this subsection to possess those 27 weapons. 28 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 29 24-1.6 do not apply to or affect any of the following: 30 (1) Members of any club or organization organized 31 for the purpose of practicing shooting at targets upon 32 established target ranges, whether public or private, and 33 patrons of such ranges, while such members or patrons are 34 using their firearms on those target ranges. HB0739 Enrolled -17- LRB9103480KSmb 1 (2) Duly authorized military or civil organizations 2 while parading, with the special permission of the 3 Governor. 4 (3) Licensed hunters, trappers or fishermen while 5 engaged in hunting, trapping or fishing. 6 (4) Transportation of weapons that are broken down 7 in a non-functioning state or are not immediately 8 accessible. 9 (c) Subsection 24-1(a)(7) does not apply to or affect 10 any of the following: 11 (1) Peace officers while in performance of their 12 official duties. 13 (2) Wardens, superintendents and keepers of 14 prisons, penitentiaries, jails and other institutions for 15 the detention of persons accused or convicted of an 16 offense. 17 (3) Members of the Armed Services or Reserve Forces 18 of the United States or the Illinois National Guard, 19 while in the performance of their official duty. 20 (4) Manufacture, transportation, or sale of machine 21 guns to persons authorized under subdivisions (1) through 22 (3) of this subsection to possess machine guns, if the 23 machine guns are broken down in a non-functioning state 24 or are not immediately accessible. 25 (5) Persons licensed under federal law to 26 manufacture any weapon from which 8 or more shots or 27 bullets can be discharged by a single function of the 28 firing device, or ammunition for such weapons, and 29 actually engaged in the business of manufacturing such 30 weapons or ammunition, but only with respect to 31 activities which are within the lawful scope of such 32 business, such as the manufacture, transportation, or 33 testing of such weapons or ammunition. This exemption 34 does not authorize the general private possession of any HB0739 Enrolled -18- LRB9103480KSmb 1 weapon from which 8 or more shots or bullets can be 2 discharged by a single function of the firing device, but 3 only such possession and activities as are within the 4 lawful scope of a licensed manufacturing business 5 described in this paragraph. 6 During transportation, such weapons shall be broken 7 down in a non-functioning state or not immediately 8 accessible. 9 (6) The manufacture, transport, testing, delivery, 10 transfer or sale, and all lawful commercial or 11 experimental activities necessary thereto, of rifles, 12 shotguns, and weapons made from rifles or shotguns, or 13 ammunition for such rifles, shotguns or weapons, where 14 engaged in by a person operating as a contractor or 15 subcontractor pursuant to a contract or subcontract for 16 the development and supply of such rifles, shotguns, 17 weapons or ammunition to the United States government or 18 any branch of the Armed Forces of the United States, when 19 such activities are necessary and incident to fulfilling 20 the terms of such contract. 21 The exemption granted under this subdivision (c)(6) 22 shall also apply to any authorized agent of any such 23 contractor or subcontractor who is operating within the 24 scope of his employment, where such activities involving 25 such weapon, weapons or ammunition are necessary and 26 incident to fulfilling the terms of such contract. 27 During transportation, any such weapon shall be 28 broken down in a non-functioning state, or not 29 immediately accessible. 30 (d) Subsection 24-1(a)(1) does not apply to the 31 purchase, possession or carrying of a black-jack or 32 slung-shot by a peace officer. 33 (e) Subsection 24-1(a)(8) does not apply to any owner, 34 manager or authorized employee of any place specified in that HB0739 Enrolled -19- LRB9103480KSmb 1 subsection nor to any law enforcement officer. 2 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 3 Section 24-1.6 do not apply to members of any club or 4 organization organized for the purpose of practicing shooting 5 at targets upon established target ranges, whether public or 6 private, while using their firearms on those target ranges. 7 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not 8 apply to: 9 (1) Members of the Armed Services or Reserve Forces 10 of the United States or the Illinois National Guard, 11 while in the performance of their official duty. 12 (2) Bonafide collectors of antique or surplus 13 military ordinance. 14 (3) Laboratories having a department of forensic 15 ballistics, or specializing in the development of 16 ammunition or explosive ordinance. 17 (4) Commerce, preparation, assembly or possession 18 of explosive bullets by manufacturers of ammunition 19 licensed by the federal government, in connection with 20 the supply of those organizations and persons exempted by 21 subdivision (g)(1) of this Section, or like organizations 22 and persons outside this State, or the transportation of 23 explosive bullets to any organization or person exempted 24 in this Section by a common carrier or by a vehicle owned 25 or leased by an exempted manufacturer. 26 (h) An information or indictment based upon a violation 27 of any subsection of this Article need not negative any 28 exemptions contained in this Article. The defendant shall 29 have the burden of proving such an exemption. 30 (i) Nothing in this Article shall prohibit, apply to, or 31 affect the transportation, carrying, or possession, of any 32 pistol or revolver, stun gun, taser, or other firearm 33 consigned to a common carrier operating under license of the 34 State of Illinois or the federal government, where such HB0739 Enrolled -20- LRB9103480KSmb 1 transportation, carrying, or possession is incident to the 2 lawful transportation in which such common carrier is 3 engaged; and nothing in this Article shall prohibit, apply 4 to, or affect the transportation, carrying, or possession of 5 any pistol, revolver, stun gun, taser, or other firearm, not 6 the subject of and regulated by subsection 24-1(a)(7) or 7 subsection 24-2(c) of this Article, which is unloaded and 8 enclosed in a case, firearm carrying box, shipping box, or 9 other container, by the possessor of a valid Firearm Owners 10 Identification Card. 11 (Source: P.A. 91-287, eff. 1-1-00.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.