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92_SB0321
LRB9207505RCcd
1 AN ACT to permit retired peace officers to carry
2 concealed firearms.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Police Training Act is amended
6 by adding Section 8.3 as follows:
7 (50 ILCS 705/8.3 new)
8 Sec. 8.3. Concealed weapons identification.
9 (a) In this Section, "retired peace officer" means a
10 person:
11 (1) who is a graduate of a police training
12 institute or academy, who after graduating served for at
13 least 15 consecutive years as a sworn, full-time peace
14 officer qualified to carry firearms for any federal or
15 State department or agency or for any unit of local
16 government of Illinois;
17 (2) who has retired as a local, State, or federal
18 peace officer in a publicly created peace officer
19 retirement system;
20 (3) whose service in law enforcement was honorably
21 terminated through retirement or disability and not as a
22 result of discipline, suspension, or discharge; and
23 (4) who possesses a currently valid Firearm Owner's
24 Identification Card issued under the Firearm Owners
25 Identification Card Act and a currently valid Illinois
26 driver's license.
27 (b) Duties of Board. The Illinois Law Enforcement
28 Training Standards Board must issue appropriate concealed
29 weapons identification, valid for a period of one year from
30 the date of issuance, to any person presenting certified
31 documentation in a form acceptable to it of an applicant's
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1 fulfilling the requirements of this Section and its
2 verification of that information by independent inquiry of
3 the retiree's identified police agency, force, or employing
4 jurisdiction.
5 The Board may charge a reasonable fee for the processing
6 of applications and the provision of concealed weapons
7 identification. The fee must be deposited into the Traffic
8 and Criminal Conviction Surcharge Fund. Expenditures for
9 activities related to the processing of applications and the
10 provision of identification are considered ordinary and
11 contingent expenses as described in subsection (1) of Section
12 9 of this Act.
13 Section 10. The Criminal Code of 1961 is amended by
14 changing Section 24-2 as follows:
15 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
16 Sec. 24-2. Exemptions.
17 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
18 and Section 24-1.6 do not apply to or affect any of the
19 following:
20 (1) Peace officers, and any person summoned by a
21 peace officer to assist in making arrests or preserving
22 the peace, while actually engaged in assisting such
23 officer.
24 (2) Wardens, superintendents and keepers of
25 prisons, penitentiaries, jails and other institutions for
26 the detention of persons accused or convicted of an
27 offense, while in the performance of their official duty,
28 or while commuting between their homes and places of
29 employment.
30 (3) Members of the Armed Services or Reserve Forces
31 of the United States or the Illinois National Guard or
32 the Reserve Officers Training Corps, while in the
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1 performance of their official duty.
2 (4) Special agents employed by a railroad or a
3 public utility to perform police functions, and guards of
4 armored car companies, while actually engaged in the
5 performance of the duties of their employment or
6 commuting between their homes and places of employment;
7 and watchmen while actually engaged in the performance of
8 the duties of their employment.
9 (5) Persons licensed as private security
10 contractors, private detectives, or private alarm
11 contractors, or employed by an agency certified by the
12 Department of Professional Regulation, if their duties
13 include the carrying of a weapon under the provisions of
14 the Private Detective, Private Alarm, and Private
15 Security Act of 1983, while actually engaged in the
16 performance of the duties of their employment or
17 commuting between their homes and places of employment,
18 provided that such commuting is accomplished within one
19 hour from departure from home or place of employment, as
20 the case may be. Persons exempted under this subdivision
21 (a)(5) shall be required to have completed a course of
22 study in firearms handling and training approved and
23 supervised by the Department of Professional Regulation
24 as prescribed by Section 28 of the Private Detective,
25 Private Alarm, and Private Security Act of 1983, prior to
26 becoming eligible for this exemption. The Department of
27 Professional Regulation shall provide suitable
28 documentation demonstrating the successful completion of
29 the prescribed firearms training. Such documentation
30 shall be carried at all times when such persons are in
31 possession of a concealable weapon.
32 (6) Any person regularly employed in a commercial
33 or industrial operation as a security guard for the
34 protection of persons employed and private property
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1 related to such commercial or industrial operation, while
2 actually engaged in the performance of his or her duty or
3 traveling between sites or properties belonging to the
4 employer, and who, as a security guard, is a member of a
5 security force of at least 5 persons registered with the
6 Department of Professional Regulation; provided that such
7 security guard has successfully completed a course of
8 study, approved by and supervised by the Department of
9 Professional Regulation, consisting of not less than 40
10 hours of training that includes the theory of law
11 enforcement, liability for acts, and the handling of
12 weapons. A person shall be considered eligible for this
13 exemption if he or she has completed the required 20
14 hours of training for a security officer and 20 hours of
15 required firearm training, and has been issued a firearm
16 authorization card by the Department of Professional
17 Regulation. Conditions for the renewal of firearm
18 authorization cards issued under the provisions of this
19 Section shall be the same as for those cards issued under
20 the provisions of the Private Detective, Private Alarm
21 and Private Security Act of 1983. Such firearm
22 authorization card shall be carried by the security guard
23 at all times when he or she is in possession of a
24 concealable weapon.
25 (7) Agents and investigators of the Illinois
26 Legislative Investigating Commission authorized by the
27 Commission to carry the weapons specified in subsections
28 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
29 any investigation for the Commission.
30 (8) Persons employed by a financial institution for
31 the protection of other employees and property related to
32 such financial institution, while actually engaged in the
33 performance of their duties, commuting between their
34 homes and places of employment, or traveling between
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1 sites or properties owned or operated by such financial
2 institution, provided that any person so employed has
3 successfully completed a course of study, approved by and
4 supervised by the Department of Professional Regulation,
5 consisting of not less than 40 hours of training which
6 includes theory of law enforcement, liability for acts,
7 and the handling of weapons. A person shall be considered
8 to be eligible for this exemption if he or she has
9 completed the required 20 hours of training for a
10 security officer and 20 hours of required firearm
11 training, and has been issued a firearm authorization
12 card by the Department of Professional Regulation.
13 Conditions for renewal of firearm authorization cards
14 issued under the provisions of this Section shall be the
15 same as for those issued under the provisions of the
16 Private Detective, Private Alarm and Private Security Act
17 of 1983. Such firearm authorization card shall be
18 carried by the person so trained at all times when such
19 person is in possession of a concealable weapon. For
20 purposes of this subsection, "financial institution"
21 means a bank, savings and loan association, credit union
22 or company providing armored car services.
23 (9) Any person employed by an armored car company
24 to drive an armored car, while actually engaged in the
25 performance of his duties.
26 (10) Persons who have been classified as peace
27 officers pursuant to the Peace Officer Fire Investigation
28 Act.
29 (11) Investigators of the Office of the State's
30 Attorneys Appellate Prosecutor authorized by the board of
31 governors of the Office of the State's Attorneys
32 Appellate Prosecutor to carry weapons pursuant to Section
33 7.06 of the State's Attorneys Appellate Prosecutor's Act.
34 (12) Special investigators appointed by a State's
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1 Attorney under Section 3-9005 of the Counties Code.
2 (13) Court Security Officers while in the
3 performance of their official duties, or while commuting
4 between their homes and places of employment, with the
5 consent of the Sheriff.
6 (13.5) A person employed as an armed security guard
7 at a nuclear energy, storage, weapons or development site
8 or facility regulated by the Nuclear Regulatory
9 Commission who has completed the background screening and
10 training mandated by the rules and regulations of the
11 Nuclear Regulatory Commission.
12 (14) Manufacture, transportation, or sale of
13 weapons to persons authorized under subdivisions (1)
14 through (13.5) of this subsection to possess those
15 weapons.
16 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
17 24-1.6 do not apply to or affect any of the following:
18 (1) Members of any club or organization organized
19 for the purpose of practicing shooting at targets upon
20 established target ranges, whether public or private, and
21 patrons of such ranges, while such members or patrons are
22 using their firearms on those target ranges.
23 (2) Duly authorized military or civil organizations
24 while parading, with the special permission of the
25 Governor.
26 (3) Licensed hunters, trappers or fishermen while
27 engaged in hunting, trapping or fishing.
28 (4) Transportation of weapons that are broken down
29 in a non-functioning state or are not immediately
30 accessible.
31 (5) A retired peace officer who possesses concealed
32 weapons identification under Section 8.3 of the Illinois
33 Police Training Act.
34 (c) Subsection 24-1(a)(7) does not apply to or affect
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1 any of the following:
2 (1) Peace officers while in performance of their
3 official duties.
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.
8 (3) Members of the Armed Services or Reserve Forces
9 of the United States or the Illinois National Guard,
10 while in the performance of their official duty.
11 (4) Manufacture, transportation, or sale of machine
12 guns to persons authorized under subdivisions (1) through
13 (3) of this subsection to possess machine guns, if the
14 machine guns are broken down in a non-functioning state
15 or are not immediately accessible.
16 (5) Persons licensed under federal law to
17 manufacture any weapon from which 8 or more shots or
18 bullets can be discharged by a single function of the
19 firing device, or ammunition for such weapons, and
20 actually engaged in the business of manufacturing such
21 weapons or ammunition, but only with respect to
22 activities which are within the lawful scope of such
23 business, such as the manufacture, transportation, or
24 testing of such weapons or ammunition. This exemption
25 does not authorize the general private possession of any
26 weapon from which 8 or more shots or bullets can be
27 discharged by a single function of the firing device, but
28 only such possession and activities as are within the
29 lawful scope of a licensed manufacturing business
30 described in this paragraph.
31 During transportation, such weapons shall be broken
32 down in a non-functioning state or not immediately
33 accessible.
34 (6) The manufacture, transport, testing, delivery,
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1 transfer or sale, and all lawful commercial or
2 experimental activities necessary thereto, of rifles,
3 shotguns, and weapons made from rifles or shotguns, or
4 ammunition for such rifles, shotguns or weapons, where
5 engaged in by a person operating as a contractor or
6 subcontractor pursuant to a contract or subcontract for
7 the development and supply of such rifles, shotguns,
8 weapons or ammunition to the United States government or
9 any branch of the Armed Forces of the United States, when
10 such activities are necessary and incident to fulfilling
11 the terms of such contract.
12 The exemption granted under this subdivision (c)(6)
13 shall also apply to any authorized agent of any such
14 contractor or subcontractor who is operating within the
15 scope of his employment, where such activities involving
16 such weapon, weapons or ammunition are necessary and
17 incident to fulfilling the terms of such contract.
18 During transportation, any such weapon shall be
19 broken down in a non-functioning state, or not
20 immediately accessible.
21 (d) Subsection 24-1(a)(1) does not apply to the
22 purchase, possession or carrying of a black-jack or
23 slung-shot by a peace officer.
24 (e) Subsection 24-1(a)(8) does not apply to any owner,
25 manager or authorized employee of any place specified in that
26 subsection nor to any law enforcement officer.
27 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
28 Section 24-1.6 do not apply to members of any club or
29 organization organized for the purpose of practicing shooting
30 at targets upon established target ranges, whether public or
31 private, while using their firearms on those target ranges.
32 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
33 apply to:
34 (1) Members of the Armed Services or Reserve Forces
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1 of the United States or the Illinois National Guard,
2 while in the performance of their official duty.
3 (2) Bonafide collectors of antique or surplus
4 military ordinance.
5 (3) Laboratories having a department of forensic
6 ballistics, or specializing in the development of
7 ammunition or explosive ordinance.
8 (4) Commerce, preparation, assembly or possession
9 of explosive bullets by manufacturers of ammunition
10 licensed by the federal government, in connection with
11 the supply of those organizations and persons exempted by
12 subdivision (g)(1) of this Section, or like organizations
13 and persons outside this State, or the transportation of
14 explosive bullets to any organization or person exempted
15 in this Section by a common carrier or by a vehicle owned
16 or leased by an exempted manufacturer.
17 (h) An information or indictment based upon a violation
18 of any subsection of this Article need not negative any
19 exemptions contained in this Article. The defendant shall
20 have the burden of proving such an exemption.
21 (i) Nothing in this Article shall prohibit, apply to, or
22 affect the transportation, carrying, or possession, of any
23 pistol or revolver, stun gun, taser, or other firearm
24 consigned to a common carrier operating under license of the
25 State of Illinois or the federal government, where such
26 transportation, carrying, or possession is incident to the
27 lawful transportation in which such common carrier is
28 engaged; and nothing in this Article shall prohibit, apply
29 to, or affect the transportation, carrying, or possession of
30 any pistol, revolver, stun gun, taser, or other firearm, not
31 the subject of and regulated by subsection 24-1(a)(7) or
32 subsection 24-2(c) of this Article, which is unloaded and
33 enclosed in a case, firearm carrying box, shipping box, or
34 other container, by the possessor of a valid Firearm Owners
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1 Identification Card.
2 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)