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| [ Senate Amendment 003 ] |
91_HB0739sam002
LRB9103480RCpkam03
1 AMENDMENT TO HOUSE BILL 739
2 AMENDMENT NO. . Amend House Bill 739 by replacing
3 the title with the following:
4 "AN ACT to re-enact the provisions of Section 24-1 of the
5 Criminal Code of 1961 contained in Public Act 88-680 and to
6 amend the Criminal Code of 1961 and the Firearm Owners
7 Identification Card Act."; and
8 by replacing everything after the enacting clause with the
9 following:
10 "Section 1. Purpose.
11 (1) The General Assembly finds and declares that:
12 (i) Public Act 88-680, effective January 1, 1995,
13 contained provisions amending various criminal statutes.
14 Public Act 88-680 also contained other provisions.
15 (ii) In addition, Public Act 88-680 was entitled
16 "AN ACT to create a Safe Neighborhoods Law". (A) Article
17 5 was entitled JUVENILE JUSTICE and amended the Juvenile
18 Court Act of 1987. (B) Article 15 was entitled GANGS and
19 amended various provisions of the Criminal Code of 1961
20 and the Unified Code of Corrections. (C) Article 20 was
21 entitled ALCOHOL ABUSE and amended various provisions of
22 the Illinois Vehicle Code. (D) Article 25 was entitled
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1 DRUG ABUSE and amended the Cannabis Control Act and the
2 Illinois Controlled Substances Act. (E) Article 30 was
3 entitled FIREARMS and amended the Criminal Code of 1961
4 and the Code of Criminal Procedure of 1963. (F) Article
5 35 amended the Criminal Code of 1961, the Rights of Crime
6 Victims and Witnesses Act, and the Unified Code of
7 Corrections. (G) Article 40 amended the Criminal Code of
8 1961 to increase the penalty for compelling organization
9 membership of persons. (H) Article 45 created the Secure
10 Residential Youth Care Facility Licensing Act and amended
11 the State Finance Act, the Juvenile Court Act of 1987,
12 the Unified Code of Corrections, and the Private
13 Correctional Facility Moratorium Act. (I) Article 50
14 amended the WIC Vendor Management Act, the Firearm Owners
15 Identification Card Act, the Juvenile Court Act of 1987,
16 the Criminal Code of 1961, the Wrongs to Children Act,
17 and the Unified Code of Corrections.
18 (iii) On December 2, 1999, the Illinois Supreme
19 Court, in People v. Cervantes, Docket No. 87229, ruled
20 that Public Act 88-680 violates the single subject clause
21 of the Illinois Constitution (Article IV, Section 8 (d))
22 and was unconstitutional in its entirety.
23 (iv) The provisions of Section 24-1 of the Criminal
24 Code of 1961 contained in Public Act 88-680 are of vital
25 concern to the people of this State and legislative
26 action concerning these provisions of Public Act 88-680
27 is necessary.
28 (2) It is the purpose of this Act to re-enact Section
29 24-1 of the Criminal Code of 1961 contained in Public Act
30 88-680, including subsequent amendments. This re-enactment is
31 intended to remove any question as to the validity or
32 content of those provisions.
33 (3) This Act re-enacts Section 24-1 of the Criminal Code
34 of 1961 contained in Public Act 88-680, including subsequent
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1 amendments, to remove any question as to the validity or
2 content of those provisions; it is not intended to supersede
3 any other Public Act that amends the text of the Sections as
4 set forth in this Act. The material is shown as existing text
5 (i.e., without underscoring), except (i) for technical
6 changes having a revisory function and (ii) as provided in
7 subsection (4) of this Section.
8 (4) In addition to re-enacting Section 24-1 of the
9 Criminal Code of 1961, this Act amends that Section. This
10 Act also adds Section 24-1.6 and amends Section 24-2 of the
11 Criminal Code of 1961 and Section 13.2 of the Firearm Owners
12 Identification Card Act. The amendments are shown by
13 underscoring and striking text.
14 Section 5. The Firearm Owners Identification Card Act is
15 amended by changing Section 13.2 as follows:
16 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
17 Sec. 13.2. The Department of State Police shall, 60 30
18 days prior to the expiration of a Firearm Owner's
19 Identification Card, forward by first class mail to each
20 person whose card is to expire a notification of the
21 expiration of the card and an application which may be used
22 to apply for renewal of the card. It is the obligation of the
23 holder of a Firearm Owner's Identification Card to notify the
24 Department of State Police of any address change since the
25 issuance of the Firearm Owner's Identification Card.
26 (Source: P.A. 84-25.)
27 Section 10. The Criminal Code of 1961 is amended by
28 re-enacting and amending Section 24-1, amending Section 24-2,
29 and adding Section 24-1.6 as follows:
30 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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1 Sec. 24-1. Unlawful Use of Weapons.
2 (a) A person commits the offense of unlawful use of
3 weapons when he knowingly:
4 (1) Sells, manufactures, purchases, possesses or
5 carries any bludgeon, black-jack, slung-shot, sand-club,
6 sand-bag, metal knuckles, throwing star, or any knife,
7 commonly referred to as a switchblade knife, which has a
8 blade that opens automatically by hand pressure applied
9 to a button, spring or other device in the handle of the
10 knife, or a ballistic knife, which is a device that
11 propels a knifelike blade as a projectile by means of a
12 coil spring, elastic material or compressed gas; or
13 (2) Carries or possesses with intent to use the
14 same unlawfully against another, a dagger, dirk, billy,
15 dangerous knife, razor, stiletto, broken bottle or other
16 piece of glass, stun gun or taser or any other dangerous
17 or deadly weapon or instrument of like character; or
18 (3) Carries on or about his person or in any
19 vehicle, a tear gas gun projector or bomb or any object
20 containing noxious liquid gas or substance, other than an
21 object containing a non-lethal noxious liquid gas or
22 substance designed solely for personal defense carried by
23 a person 18 years of age or older; or
24 (4) Carries or possesses in any vehicle or
25 concealed on or about his person except when on his land
26 or in his own abode or fixed place of business any
27 pistol, revolver, stun gun or taser or other firearm,
28 except that this subsection (a) (4) does not apply to or
29 affect transportation of weapons that meet one of the
30 following conditions:
31 (i) are broken down in a non-functioning
32 state; or
33 (ii) are not immediately accessible; or
34 (iii) are unloaded and enclosed in a case,
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1 firearm carrying box, shipping box, or other
2 container by a person who has been issued a
3 currently valid Firearm Owner's Identification Card;
4 or
5 (5) Sets a spring gun; or
6 (6) Possesses any device or attachment of any kind
7 designed, used or intended for use in silencing the
8 report of any firearm; or
9 (7) Sells, manufactures, purchases, possesses or
10 carries:
11 (i) a machine gun, which shall be defined for
12 the purposes of this subsection as any weapon, which
13 shoots, is designed to shoot, or can be readily
14 restored to shoot, automatically more than one shot
15 without manually reloading by a single function of
16 the trigger, including the frame or receiver of any
17 such weapon, or sells, manufactures, purchases,
18 possesses, or carries any combination of parts
19 designed or intended for use in converting any
20 weapon into a machine gun, or any combination or
21 parts from which a machine gun can be assembled if
22 such parts are in the possession or under the
23 control of a person;
24 (ii) any rifle having one or more barrels less
25 than 16 inches in length or a shotgun having one or
26 more barrels less than 18 inches in length or any
27 weapon made from a rifle or shotgun, whether by
28 alteration, modification, or otherwise, if such a
29 weapon as modified has an overall length of less
30 than 26 inches; or
31 (iii) any bomb, bomb-shell, grenade, bottle or
32 other container containing an explosive substance of
33 over one-quarter ounce for like purposes, such as,
34 but not limited to, black powder bombs and Molotov
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1 cocktails or artillery projectiles; or
2 (8) Carries or possesses any firearm, stun gun or
3 taser or other deadly weapon in any place which is
4 licensed to sell intoxicating beverages, or at any public
5 gathering held pursuant to a license issued by any
6 governmental body or any public gathering at which an
7 admission is charged, excluding a place where a showing,
8 demonstration or lecture involving the exhibition of
9 unloaded firearms is conducted.
10 This subsection (a)(8) does not apply to any auction
11 or raffle of a firearm held pursuant to a license or
12 permit issued by a governmental body, nor does it apply
13 to persons engaged in firearm safety training courses; or
14 (9) Carries or possesses in a vehicle or on or
15 about his person any pistol, revolver, stun gun or taser
16 or firearm or ballistic knife, when he is hooded, robed
17 or masked in such manner as to conceal his identity; or
18 (10) Carries or possesses on or about his person,
19 upon any public street, alley, or other public lands
20 within the corporate limits of a city, village or
21 incorporated town, except when an invitee thereon or
22 therein, for the purpose of the display of such weapon or
23 the lawful commerce in weapons, or except when on his
24 land or in his own abode or fixed place of business, any
25 pistol, revolver, stun gun or taser or other firearm,
26 except that this subsection (a) (10) does not apply to or
27 affect transportation of weapons that meet one of the
28 following conditions:
29 (i) are broken down in a non-functioning
30 state; or
31 (ii) are not immediately accessible; or
32 (iii) are unloaded and enclosed in a case,
33 firearm carrying box, shipping box, or other
34 container by a person who has been issued a
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1 currently valid Firearm Owner's Identification Card.
2 A "stun gun or taser", as used in this paragraph (a)
3 means (i) any device which is powered by electrical
4 charging units, such as, batteries, and which fires one
5 or several barbs attached to a length of wire and which,
6 upon hitting a human, can send out a current capable of
7 disrupting the person's nervous system in such a manner
8 as to render him incapable of normal functioning or (ii)
9 any device which is powered by electrical charging units,
10 such as batteries, and which, upon contact with a human
11 or clothing worn by a human, can send out current capable
12 of disrupting the person's nervous system in such a
13 manner as to render him incapable of normal functioning;
14 or
15 (11) Sells, manufactures or purchases any explosive
16 bullet. For purposes of this paragraph (a) "explosive
17 bullet" means the projectile portion of an ammunition
18 cartridge which contains or carries an explosive charge
19 which will explode upon contact with the flesh of a human
20 or an animal. "Cartridge" means a tubular metal case
21 having a projectile affixed at the front thereof and a
22 cap or primer at the rear end thereof, with the
23 propellant contained in such tube between the projectile
24 and the cap; or
25 (12) (Blank).
26 (b) Sentence. A person convicted of a violation of
27 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
28 (3), subsection 24-1(a)(5), subsection 24-1(a)(8), or
29 subsection 24-1(a)(11) commits a Class A misdemeanor. A
30 person convicted of a violation of subsection 24-1(a)(8) or
31 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 4
32 felony; a person convicted of a violation of subsection
33 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3
34 felony. A person convicted of a violation of subsection
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1 24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is
2 possessed in the passenger compartment of a motor vehicle as
3 defined in Section 1-146 of the Illinois Vehicle Code, or on
4 the person, while the weapon is loaded, in which case it
5 shall be a Class X felony. A person convicted of a second
6 or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
7 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
8 (c) Violations in specific places.
9 (1) A person who violates subsection 24-1(a)(6) or
10 24-1(a)(7) in any school, regardless of the time of day
11 or the time of year, in residential property owned,
12 operated or managed by a public housing agency or leased
13 by a public housing agency as part of a scattered site or
14 mixed-income development, in a public park, in a
15 courthouse, on the real property comprising any school,
16 regardless of the time of day or the time of year, on
17 residential property owned, operated or managed by a
18 public housing agency or leased by a public housing
19 agency as part of a scattered site or mixed-income
20 development, on the real property comprising any public
21 park, on the real property comprising any courthouse, in
22 any conveyance owned, leased or contracted by a school to
23 transport students to or from school or a school related
24 activity, or on any public way within 1,000 feet of the
25 real property comprising any school, public park,
26 courthouse, or residential property owned, operated, or
27 managed by a public housing agency or leased by a public
28 housing agency as part of a scattered site or
29 mixed-income development commits a Class 2 felony.
30 (1.5) A person who violates subsection 24-1(a)(4),
31 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
32 the time of day or the time of year, in residential
33 property owned, operated, or managed by a public housing
34 agency or leased by a public housing agency as part of a
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1 scattered site or mixed-income development, in a public
2 park, in a courthouse, on the real property comprising
3 any school, regardless of the time of day or the time of
4 year, on residential property owned, operated, or managed
5 by a public housing agency or leased by a public housing
6 agency as part of a scattered site or mixed-income
7 development, on the real property comprising any public
8 park, on the real property comprising any courthouse, in
9 any conveyance owned, leased, or contracted by a school
10 to transport students to or from school or a school
11 related activity, or on any public way within 1,000 feet
12 of the real property comprising any school, public park,
13 courthouse, or residential property owned, operated, or
14 managed by a public housing agency or leased by a public
15 housing agency as part of a scattered site or
16 mixed-income development commits a Class 3 felony.
17 (2) A person who violates subsection 24-1(a)(1),
18 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
19 the time of day or the time of year, in residential
20 property owned, operated or managed by a public housing
21 agency or leased by a public housing agency as part of a
22 scattered site or mixed-income development, in a public
23 park, in a courthouse, on the real property comprising
24 any school, regardless of the time of day or the time of
25 year, on residential property owned, operated or managed
26 by a public housing agency or leased by a public housing
27 agency as part of a scattered site or mixed-income
28 development, on the real property comprising any public
29 park, on the real property comprising any courthouse, in
30 any conveyance owned, leased or contracted by a school to
31 transport students to or from school or a school related
32 activity, or on any public way within 1,000 feet of the
33 real property comprising any school, public park,
34 courthouse, or residential property owned, operated, or
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1 managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or
3 mixed-income development commits a Class 4 felony.
4 "Courthouse" means any building that is used by the
5 Circuit, Appellate, or Supreme Court of this State for
6 the conduct of official business.
7 (3) Paragraphs (1), (1.5), and (2) of this
8 subsection (c) shall not apply to law enforcement
9 officers or security officers of such school, college, or
10 university or to students carrying or possessing firearms
11 for use in training courses, parades, hunting, target
12 shooting on school ranges, or otherwise with the consent
13 of school authorities and which firearms are transported
14 unloaded enclosed in a suitable case, box, or
15 transportation package.
16 (4) For the purposes of this subsection (c),
17 "school" means any public or private elementary or
18 secondary school, community college, college, or
19 university.
20 (d) The presence in an automobile other than a public
21 omnibus of any weapon, instrument or substance referred to in
22 subsection (a)(7) is prima facie evidence that it is in the
23 possession of, and is being carried by, all persons occupying
24 such automobile at the time such weapon, instrument or
25 substance is found, except under the following circumstances:
26 (i) if such weapon, instrument or instrumentality is found
27 upon the person of one of the occupants therein; or (ii) if
28 such weapon, instrument or substance is found in an
29 automobile operated for hire by a duly licensed driver in the
30 due, lawful and proper pursuit of his trade, then such
31 presumption shall not apply to the driver.
32 (e) Exemptions. Crossbows, Common or Compound bows and
33 Underwater Spearguns are exempted from the definition of
34 ballistic knife as defined in paragraph (1) of subsection (a)
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1 of this Section.
2 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
3 (720 ILCS 5/24-1.6 new)
4 Sec. 24-1.6. Aggravated unlawful use of a weapon.
5 (a) A person commits the offense of aggravated unlawful
6 use of a weapon when he or she knowingly:
7 (1) Carries on or about his or her person or in any
8 vehicle or concealed on or about his or her person except
9 when on his or her land or in his or her abode or fixed
10 place of business any pistol, revolver, stun gun or taser
11 or other firearm; or
12 (2) Carries or possesses on or about his or her
13 person, upon any public street, alley, or other public
14 lands within the corporate limits of a city, village or
15 incorporated town, except when an invitee thereon or
16 therein, for the purpose of the display of such weapon or
17 the lawful commerce in weapons, or except when on his or
18 her own land or in his or her own abode or fixed place of
19 business, any pistol, revolver, stun gun or taser or
20 other firearm; and
21 (3) One of the following factors is present:
22 (A) the firearm possessed was uncased, loaded
23 and immediately accessible at the time of the
24 offense; or
25 (B) the firearm possessed was uncased,
26 unloaded and the ammunition for the weapon was
27 immediately accessible at the time of the offense;
28 or
29 (C) the person possessing the firearm has not
30 been issued a currently valid Firearm Owner's
31 Identification Card; or
32 (D) the person possessing the weapon was
33 previously adjudicated a delinquent minor under the
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1 Juvenile Court Act of 1987 for an act that if
2 committed by an adult would be a felony; or
3 (E) the person possessing the weapon was
4 engaged in a misdemeanor violation of the Cannabis
5 Control Act or in a misdemeanor violation of the
6 Illinois Controlled Substances Act; or
7 (F) the person possessing the weapon is a
8 member of or affiliated with a street gang or is
9 engaged in street gang related activity, as defined
10 in Section 10 of the Illinois Streetgang Terrorism
11 Omnibus Prevention Act; or
12 (G) the person possessing the weapon had a
13 order of protection issued against him or her within
14 the previous 2 years; or
15 (H) the person possessing the weapon was
16 engaged in the commission or attempted commission of
17 a misdemeanor involving the use or threat of
18 violence against the person or property of another;
19 or
20 (I) the person possessing the weapon was under
21 21 years of age and in possession of a handgun as
22 defined in Section 24-3, unless the person under 21
23 is engaged in lawful activities under the Wildlife
24 Code or described in subsection 24-2(b)(1), (b)(3),
25 or 24-2(f).
26 (b) "Stun gun or taser" as used in this Section has the
27 same definition given to it in Section 24-1 of this Code.
28 (c) This Section does not apply to or affect the
29 transportation or possession of weapons that:
30 (i) are broken down in a non-functioning
31 state; or
32 (ii) are not immediately accessible; or
33 (iii) are unloaded and enclosed in a case,
34 firearm carrying box, shipping box, or other
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1 container by a person who has been issued a
2 currently valid Firearm Owner's Identification Card.
3 (d) Sentence. Aggravated unlawful use of a weapon is a
4 Class 4 felony; a second or subsequent offense is a Class 2
5 felony. Aggravated unlawful use of a weapon by a person who
6 has been previously convicted of a felony in this State or
7 another jurisdiction is a Class 2 felony.
8 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
9 Sec. 24-2. Exemptions.
10 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
11 and Section 24-1.6 do not apply to or affect any of the
12 following:
13 (1) Peace officers, and any person summoned by a
14 peace officer to assist in making arrests or preserving
15 the peace, while actually engaged in assisting such
16 officer.
17 (2) Wardens, superintendents and keepers of
18 prisons, penitentiaries, jails and other institutions for
19 the detention of persons accused or convicted of an
20 offense, while in the performance of their official duty,
21 or while commuting between their homes and places of
22 employment.
23 (3) Members of the Armed Services or Reserve Forces
24 of the United States or the Illinois National Guard or
25 the Reserve Officers Training Corps, while in the
26 performance of their official duty.
27 (4) Special agents employed by a railroad or a
28 public utility to perform police functions, and guards of
29 armored car companies, while actually engaged in the
30 performance of the duties of their employment or
31 commuting between their homes and places of employment;
32 and watchmen while actually engaged in the performance of
33 the duties of their employment.
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1 (5) Persons licensed as private security
2 contractors, private detectives, or private alarm
3 contractors, or employed by an agency certified by the
4 Department of Professional Regulation, if their duties
5 include the carrying of a weapon under the provisions of
6 the Private Detective, Private Alarm, and Private
7 Security Act of 1983, while actually engaged in the
8 performance of the duties of their employment or
9 commuting between their homes and places of employment,
10 provided that such commuting is accomplished within one
11 hour from departure from home or place of employment, as
12 the case may be. Persons exempted under this subdivision
13 (a)(5) shall be required to have completed a course of
14 study in firearms handling and training approved and
15 supervised by the Department of Professional Regulation
16 as prescribed by Section 28 of the Private Detective,
17 Private Alarm, and Private Security Act of 1983, prior to
18 becoming eligible for this exemption. The Department of
19 Professional Regulation shall provide suitable
20 documentation demonstrating the successful completion of
21 the prescribed firearms training. Such documentation
22 shall be carried at all times when such persons are in
23 possession of a concealable weapon.
24 (6) Any person regularly employed in a commercial
25 or industrial operation as a security guard for the
26 protection of persons employed and private property
27 related to such commercial or industrial operation, while
28 actually engaged in the performance of his or her duty or
29 traveling between sites or properties belonging to the
30 employer, and who, as a security guard, is a member of a
31 security force of at least 5 persons registered with the
32 Department of Professional Regulation; provided that such
33 security guard has successfully completed a course of
34 study, approved by and supervised by the Department of
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1 Professional Regulation, consisting of not less than 40
2 hours of training that includes the theory of law
3 enforcement, liability for acts, and the handling of
4 weapons. A person shall be considered eligible for this
5 exemption if he or she has completed the required 20
6 hours of training for a security officer and 20 hours of
7 required firearm training, and has been issued a firearm
8 authorization card by the Department of Professional
9 Regulation. Conditions for the renewal of firearm
10 authorization cards issued under the provisions of this
11 Section shall be the same as for those cards issued under
12 the provisions of the Private Detective, Private Alarm
13 and Private Security Act of 1983. Such firearm
14 authorization card shall be carried by the security guard
15 at all times when he or she is in possession of a
16 concealable weapon.
17 (7) Agents and investigators of the Illinois
18 Legislative Investigating Commission authorized by the
19 Commission to carry the weapons specified in subsections
20 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21 any investigation for the Commission.
22 (8) Persons employed by a financial institution for
23 the protection of other employees and property related to
24 such financial institution, while actually engaged in the
25 performance of their duties, commuting between their
26 homes and places of employment, or traveling between
27 sites or properties owned or operated by such financial
28 institution, provided that any person so employed has
29 successfully completed a course of study, approved by and
30 supervised by the Department of Professional Regulation,
31 consisting of not less than 40 hours of training which
32 includes theory of law enforcement, liability for acts,
33 and the handling of weapons. A person shall be considered
34 to be eligible for this exemption if he or she has
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1 completed the required 20 hours of training for a
2 security officer and 20 hours of required firearm
3 training, and has been issued a firearm authorization
4 card by the Department of Professional Regulation.
5 Conditions for renewal of firearm authorization cards
6 issued under the provisions of this Section shall be the
7 same as for those issued under the provisions of the
8 Private Detective, Private Alarm and Private Security Act
9 of 1983. Such firearm authorization card shall be
10 carried by the person so trained at all times when such
11 person is in possession of a concealable weapon. For
12 purposes of this subsection, "financial institution"
13 means a bank, savings and loan association, credit union
14 or company providing armored car services.
15 (9) Any person employed by an armored car company
16 to drive an armored car, while actually engaged in the
17 performance of his duties.
18 (10) Persons who have been classified as peace
19 officers pursuant to the Peace Officer Fire Investigation
20 Act.
21 (11) Investigators of the Office of the State's
22 Attorneys Appellate Prosecutor authorized by the board of
23 governors of the Office of the State's Attorneys
24 Appellate Prosecutor to carry weapons pursuant to Section
25 7.06 of the State's Attorneys Appellate Prosecutor's Act.
26 (12) Special investigators appointed by a State's
27 Attorney under Section 3-9005 of the Counties Code.
28 (13) Court Security Officers while in the
29 performance of their official duties, or while commuting
30 between their homes and places of employment, with the
31 consent of the Sheriff.
32 (13.5) A person employed as an armed security guard
33 at a nuclear energy, storage, weapons or development site
34 or facility regulated by the Nuclear Regulatory
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1 Commission who has completed the background screening and
2 training mandated by the rules and regulations of the
3 Nuclear Regulatory Commission.
4 (14) Manufacture, transportation, or sale of
5 weapons to persons authorized under subdivisions (1)
6 through (13.5) of this subsection to possess those
7 weapons.
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
9 24-1.6 do not apply to or affect any of the following:
10 (1) Members of any club or organization organized
11 for the purpose of practicing shooting at targets upon
12 established target ranges, whether public or private, and
13 patrons of such ranges, while such members or patrons are
14 using their firearms on those target ranges.
15 (2) Duly authorized military or civil organizations
16 while parading, with the special permission of the
17 Governor.
18 (3) Licensed hunters, trappers or fishermen while
19 engaged in hunting, trapping or fishing.
20 (4) Transportation of weapons that are broken down
21 in a non-functioning state or are not immediately
22 accessible.
23 (c) Subsection 24-1(a)(7) does not apply to or affect
24 any of the following:
25 (1) Peace officers while in performance of their
26 official duties.
27 (2) Wardens, superintendents and keepers of
28 prisons, penitentiaries, jails and other institutions for
29 the detention of persons accused or convicted of an
30 offense.
31 (3) Members of the Armed Services or Reserve Forces
32 of the United States or the Illinois National Guard,
33 while in the performance of their official duty.
34 (4) Manufacture, transportation, or sale of machine
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1 guns to persons authorized under subdivisions (1) through
2 (3) of this subsection to possess machine guns, if the
3 machine guns are broken down in a non-functioning state
4 or are not immediately accessible.
5 (5) Persons licensed under federal law to
6 manufacture any weapon from which 8 or more shots or
7 bullets can be discharged by a single function of the
8 firing device, or ammunition for such weapons, and
9 actually engaged in the business of manufacturing such
10 weapons or ammunition, but only with respect to
11 activities which are within the lawful scope of such
12 business, such as the manufacture, transportation, or
13 testing of such weapons or ammunition. This exemption
14 does not authorize the general private possession of any
15 weapon from which 8 or more shots or bullets can be
16 discharged by a single function of the firing device, but
17 only such possession and activities as are within the
18 lawful scope of a licensed manufacturing business
19 described in this paragraph.
20 During transportation, such weapons shall be broken
21 down in a non-functioning state or not immediately
22 accessible.
23 (6) The manufacture, transport, testing, delivery,
24 transfer or sale, and all lawful commercial or
25 experimental activities necessary thereto, of rifles,
26 shotguns, and weapons made from rifles or shotguns, or
27 ammunition for such rifles, shotguns or weapons, where
28 engaged in by a person operating as a contractor or
29 subcontractor pursuant to a contract or subcontract for
30 the development and supply of such rifles, shotguns,
31 weapons or ammunition to the United States government or
32 any branch of the Armed Forces of the United States, when
33 such activities are necessary and incident to fulfilling
34 the terms of such contract.
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1 The exemption granted under this subdivision (c)(6)
2 shall also apply to any authorized agent of any such
3 contractor or subcontractor who is operating within the
4 scope of his employment, where such activities involving
5 such weapon, weapons or ammunition are necessary and
6 incident to fulfilling the terms of such contract.
7 During transportation, any such weapon shall be
8 broken down in a non-functioning state, or not
9 immediately accessible.
10 (d) Subsection 24-1(a)(1) does not apply to the
11 purchase, possession or carrying of a black-jack or
12 slung-shot by a peace officer.
13 (e) Subsection 24-1(a)(8) does not apply to any owner,
14 manager or authorized employee of any place specified in that
15 subsection nor to any law enforcement officer.
16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17 Section 24-1.6 do not apply to members of any club or
18 organization organized for the purpose of practicing shooting
19 at targets upon established target ranges, whether public or
20 private, while using their firearms on those target ranges.
21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
22 apply to:
23 (1) Members of the Armed Services or Reserve Forces
24 of the United States or the Illinois National Guard,
25 while in the performance of their official duty.
26 (2) Bonafide collectors of antique or surplus
27 military ordinance.
28 (3) Laboratories having a department of forensic
29 ballistics, or specializing in the development of
30 ammunition or explosive ordinance.
31 (4) Commerce, preparation, assembly or possession
32 of explosive bullets by manufacturers of ammunition
33 licensed by the federal government, in connection with
34 the supply of those organizations and persons exempted by
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1 subdivision (g)(1) of this Section, or like organizations
2 and persons outside this State, or the transportation of
3 explosive bullets to any organization or person exempted
4 in this Section by a common carrier or by a vehicle owned
5 or leased by an exempted manufacturer.
6 (h) An information or indictment based upon a violation
7 of any subsection of this Article need not negative any
8 exemptions contained in this Article. The defendant shall
9 have the burden of proving such an exemption.
10 (i) Nothing in this Article shall prohibit, apply to, or
11 affect the transportation, carrying, or possession, of any
12 pistol or revolver, stun gun, taser, or other firearm
13 consigned to a common carrier operating under license of the
14 State of Illinois or the federal government, where such
15 transportation, carrying, or possession is incident to the
16 lawful transportation in which such common carrier is
17 engaged; and nothing in this Article shall prohibit, apply
18 to, or affect the transportation, carrying, or possession of
19 any pistol, revolver, stun gun, taser, or other firearm, not
20 the subject of and regulated by subsection 24-1(a)(7) or
21 subsection 24-2(c) of this Article, which is unloaded and
22 enclosed in a case, firearm carrying box, shipping box, or
23 other container, by the possessor of a valid Firearm Owners
24 Identification Card.
25 (Source: P.A. 91-287, eff. 1-1-00.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".