Bill Text: IL HB0308 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that a person who has been issued a currently valid Firearm Owner's Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box, shipping box, or other container if the firearm is unloaded.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2017-05-12 - Added Co-Sponsor Rep. Reginald Phillips [HB0308 Detail]

Download: Illinois-2017-HB0308-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0308

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2

Amends the Criminal Code of 2012. Provides that a person who has been issued a currently valid Firearm Owner's Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box, shipping box, or other container if the firearm is unloaded.
LRB100 05308 RLC 15319 b

A BILL FOR

HB0308LRB100 05308 RLC 15319 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1, 24-1.6, and 24-2 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons.
8 (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles or other knuckle weapon
13 regardless of its composition, throwing star, or any knife,
14 commonly referred to as a switchblade knife, which has a
15 blade that opens automatically by hand pressure applied to
16 a button, spring or other device in the handle of the
17 knife, or a ballistic knife, which is a device that propels
18 a knifelike blade as a projectile by means of a coil
19 spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the same
21 unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous or

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1 deadly weapon or instrument of like character; or
2 (3) Carries on or about his person or in any vehicle, a
3 tear gas gun projector or bomb or any object containing
4 noxious liquid gas or substance, other than an object
5 containing a non-lethal noxious liquid gas or substance
6 designed solely for personal defense carried by a person 18
7 years of age or older; or
8 (4) Carries or possesses in any vehicle or concealed on
9 or about his person except when on his land or in his own
10 abode, legal dwelling, or fixed place of business, or on
11 the land or in the legal dwelling of another person as an
12 invitee with that person's permission, any pistol,
13 revolver, stun gun or taser or other firearm, except that
14 this subsection (a) (4) does not apply to or affect
15 transportation of:
16 (A) weapons, other than rifles, shotguns, or other
17 long guns that are transported in a vehicle, that meet
18 one of the following conditions:
19 (i) are broken down in a non-functioning
20 state; or
21 (ii) are not immediately accessible; or
22 (iii) are unloaded and enclosed in a case,
23 firearm carrying box, shipping box, or other
24 container by a person who has been issued a
25 currently valid Firearm Owner's Identification
26 Card; or

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1 (iv) are carried or possessed in accordance
2 with the Firearm Concealed Carry Act by a person
3 who has been issued a currently valid license under
4 the Firearm Concealed Carry Act; or
5 (B) rifles, shotguns, or other long guns in a
6 vehicle by a person who has been issued a currently
7 valid Firearm Owner's Identification Card if the
8 firearms are unloaded; or
9 (5) Sets a spring gun; or
10 (6) Possesses any device or attachment of any kind
11 designed, used or intended for use in silencing the report
12 of any firearm; or
13 (7) Sells, manufactures, purchases, possesses or
14 carries:
15 (i) a machine gun, which shall be defined for the
16 purposes of this subsection as any weapon, which
17 shoots, is designed to shoot, or can be readily
18 restored to shoot, automatically more than one shot
19 without manually reloading by a single function of the
20 trigger, including the frame or receiver of any such
21 weapon, or sells, manufactures, purchases, possesses,
22 or carries any combination of parts designed or
23 intended for use in converting any weapon into a
24 machine gun, or any combination or parts from which a
25 machine gun can be assembled if such parts are in the
26 possession or under the control of a person;

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1 (ii) any rifle having one or more barrels less than
2 16 inches in length or a shotgun having one or more
3 barrels less than 18 inches in length or any weapon
4 made from a rifle or shotgun, whether by alteration,
5 modification, or otherwise, if such a weapon as
6 modified has an overall length of less than 26 inches;
7 or
8 (iii) any bomb, bomb-shell, grenade, bottle or
9 other container containing an explosive substance of
10 over one-quarter ounce for like purposes, such as, but
11 not limited to, black powder bombs and Molotov
12 cocktails or artillery projectiles; or
13 (8) Carries or possesses any firearm, stun gun or taser
14 or other deadly weapon in any place which is licensed to
15 sell intoxicating beverages, or at any public gathering
16 held pursuant to a license issued by any governmental body
17 or any public gathering at which an admission is charged,
18 excluding a place where a showing, demonstration or lecture
19 involving the exhibition of unloaded firearms is
20 conducted.
21 This subsection (a)(8) does not apply to any auction or
22 raffle of a firearm held pursuant to a license or permit
23 issued by a governmental body, nor does it apply to persons
24 engaged in firearm safety training courses; or
25 (9) Carries or possesses in a vehicle or on or about
26 his person any pistol, revolver, stun gun or taser or

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1 firearm or ballistic knife, when he is hooded, robed or
2 masked in such manner as to conceal his identity; or
3 (10) Carries or possesses on or about his person, upon
4 any public street, alley, or other public lands within the
5 corporate limits of a city, village or incorporated town,
6 except when an invitee thereon or therein, for the purpose
7 of the display of such weapon or the lawful commerce in
8 weapons, or except when on his land or in his own abode,
9 legal dwelling, or fixed place of business, or on the land
10 or in the legal dwelling of another person as an invitee
11 with that person's permission, any pistol, revolver, stun
12 gun or taser or other firearm, except that this subsection
13 (a) (10) does not apply to or affect transportation of
14 weapons as provided in subsection 24-1(a)(4)(B) or that
15 meet one of the following conditions:
16 (i) are broken down in a non-functioning state; or
17 (ii) are not immediately accessible; or
18 (iii) are unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by a
20 person who has been issued a currently valid Firearm
21 Owner's Identification Card; or
22 (iv) are carried or possessed in accordance with
23 the Firearm Concealed Carry Act by a person who has
24 been issued a currently valid license under the Firearm
25 Concealed Carry Act.
26 A "stun gun or taser", as used in this paragraph (a)

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1 means (i) any device which is powered by electrical
2 charging units, such as, batteries, and which fires one or
3 several barbs attached to a length of wire and which, upon
4 hitting a human, can send out a current capable of
5 disrupting the person's nervous system in such a manner as
6 to render him incapable of normal functioning or (ii) any
7 device which is powered by electrical charging units, such
8 as batteries, and which, upon contact with a human or
9 clothing worn by a human, can send out current capable of
10 disrupting the person's nervous system in such a manner as
11 to render him incapable of normal functioning; or
12 (11) Sells, manufactures or purchases any explosive
13 bullet. For purposes of this paragraph (a) "explosive
14 bullet" means the projectile portion of an ammunition
15 cartridge which contains or carries an explosive charge
16 which will explode upon contact with the flesh of a human
17 or an animal. "Cartridge" means a tubular metal case having
18 a projectile affixed at the front thereof and a cap or
19 primer at the rear end thereof, with the propellant
20 contained in such tube between the projectile and the cap;
21 or
22 (12) (Blank); or
23 (13) Carries or possesses on or about his or her person
24 while in a building occupied by a unit of government, a
25 billy club, other weapon of like character, or other
26 instrument of like character intended for use as a weapon.

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1 For the purposes of this Section, "billy club" means a
2 short stick or club commonly carried by police officers
3 which is either telescopic or constructed of a solid piece
4 of wood or other man-made material.
5 (b) Sentence. A person convicted of a violation of
6subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
7subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
8Class A misdemeanor. A person convicted of a violation of
9subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
10person convicted of a violation of subsection 24-1(a)(6) or
1124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
12convicted of a violation of subsection 24-1(a)(7)(i) commits a
13Class 2 felony and shall be sentenced to a term of imprisonment
14of not less than 3 years and not more than 7 years, unless the
15weapon is possessed in the passenger compartment of a motor
16vehicle as defined in Section 1-146 of the Illinois Vehicle
17Code, or on the person, while the weapon is loaded, in which
18case it shall be a Class X felony. A person convicted of a
19second or subsequent violation of subsection 24-1(a)(4),
2024-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
21felony. The possession of each weapon in violation of this
22Section constitutes a single and separate violation.
23 (c) Violations in specific places.
24 (1) A person who violates subsection 24-1(a)(6) or
25 24-1(a)(7) in any school, regardless of the time of day or
26 the time of year, in residential property owned, operated

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1 or managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or mixed-income
3 development, in a public park, in a courthouse, on the real
4 property comprising any school, regardless of the time of
5 day or the time of year, on residential property owned,
6 operated or managed by a public housing agency or leased by
7 a public housing agency as part of a scattered site or
8 mixed-income development, on the real property comprising
9 any public park, on the real property comprising any
10 courthouse, in any conveyance owned, leased or contracted
11 by a school to transport students to or from school or a
12 school related activity, in any conveyance owned, leased,
13 or contracted by a public transportation agency, or on any
14 public way within 1,000 feet of the real property
15 comprising any school, public park, courthouse, public
16 transportation facility, or residential property owned,
17 operated, or managed by a public housing agency or leased
18 by a public housing agency as part of a scattered site or
19 mixed-income development commits a Class 2 felony and shall
20 be sentenced to a term of imprisonment of not less than 3
21 years and not more than 7 years.
22 (1.5) A person who violates subsection 24-1(a)(4),
23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
24 time of day or the time of year, in residential property
25 owned, operated, or managed by a public housing agency or
26 leased by a public housing agency as part of a scattered

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1 site or mixed-income development, in a public park, in a
2 courthouse, on the real property comprising any school,
3 regardless of the time of day or the time of year, on
4 residential property owned, operated, or managed by a
5 public housing agency or leased by a public housing agency
6 as part of a scattered site or mixed-income development, on
7 the real property comprising any public park, on the real
8 property comprising any courthouse, in any conveyance
9 owned, leased, or contracted by a school to transport
10 students to or from school or a school related activity, in
11 any conveyance owned, leased, or contracted by a public
12 transportation agency, or on any public way within 1,000
13 feet of the real property comprising any school, public
14 park, courthouse, public transportation facility, or
15 residential property owned, operated, or managed by a
16 public housing agency or leased by a public housing agency
17 as part of a scattered site or mixed-income development
18 commits a Class 3 felony.
19 (2) A person who violates subsection 24-1(a)(1),
20 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
21 time of day or the time of year, in residential property
22 owned, operated or managed by a public housing agency or
23 leased by a public housing agency as part of a scattered
24 site or mixed-income development, in a public park, in a
25 courthouse, on the real property comprising any school,
26 regardless of the time of day or the time of year, on

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1 residential property owned, operated or managed by a public
2 housing agency or leased by a public housing agency as part
3 of a scattered site or mixed-income development, on the
4 real property comprising any public park, on the real
5 property comprising any courthouse, in any conveyance
6 owned, leased or contracted by a school to transport
7 students to or from school or a school related activity, in
8 any conveyance owned, leased, or contracted by a public
9 transportation agency, or on any public way within 1,000
10 feet of the real property comprising any school, public
11 park, courthouse, public transportation facility, or
12 residential property owned, operated, or managed by a
13 public housing agency or leased by a public housing agency
14 as part of a scattered site or mixed-income development
15 commits a Class 4 felony. "Courthouse" means any building
16 that is used by the Circuit, Appellate, or Supreme Court of
17 this State for the conduct of official business.
18 (3) Paragraphs (1), (1.5), and (2) of this subsection
19 (c) shall not apply to law enforcement officers or security
20 officers of such school, college, or university or to
21 students carrying or possessing firearms for use in
22 training courses, parades, hunting, target shooting on
23 school ranges, or otherwise with the consent of school
24 authorities and which firearms are transported unloaded
25 enclosed in a suitable case, box, or transportation
26 package.

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1 (4) For the purposes of this subsection (c), "school"
2 means any public or private elementary or secondary school,
3 community college, college, or university.
4 (5) For the purposes of this subsection (c), "public
5 transportation agency" means a public or private agency
6 that provides for the transportation or conveyance of
7 persons by means available to the general public, except
8 for transportation by automobiles not used for conveyance
9 of the general public as passengers; and "public
10 transportation facility" means a terminal or other place
11 where one may obtain public transportation.
12 (d) The presence in an automobile other than a public
13omnibus of any weapon, instrument or substance referred to in
14subsection (a)(7) is prima facie evidence that it is in the
15possession of, and is being carried by, all persons occupying
16such automobile at the time such weapon, instrument or
17substance is found, except under the following circumstances:
18(i) if such weapon, instrument or instrumentality is found upon
19the person of one of the occupants therein; or (ii) if such
20weapon, instrument or substance is found in an automobile
21operated for hire by a duly licensed driver in the due, lawful
22and proper pursuit of his trade, then such presumption shall
23not apply to the driver.
24 (e) Exemptions. Crossbows, Common or Compound bows and
25Underwater Spearguns are exempted from the definition of
26ballistic knife as defined in paragraph (1) of subsection (a)

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1of this Section.
2(Source: P.A. 99-29, eff. 7-10-15.)
3 (720 ILCS 5/24-1.6)
4 Sec. 24-1.6. Aggravated unlawful use of a weapon.
5 (a) A person commits the offense of aggravated unlawful use
6of 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, legal
10 dwelling, or fixed place of business, or on the land or in
11 the legal dwelling of another person as an invitee with
12 that person's permission, any pistol, revolver, stun gun or
13 taser or other firearm; or
14 (2) Carries or possesses on or about his or her person,
15 upon any public street, alley, or other public lands within
16 the corporate limits of a city, village or incorporated
17 town, except when an invitee thereon or therein, for the
18 purpose of the display of such weapon or the lawful
19 commerce in weapons, or except when on his or her own land
20 or in his or her own abode, legal dwelling, or fixed place
21 of business, or on the land or in the legal dwelling of
22 another person as an invitee with that person's permission,
23 any pistol, revolver, stun gun or taser or other firearm;
24 and
25 (3) One of the following factors is present:

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1 (A) the firearm, other than a pistol, revolver, or
2 handgun, possessed was uncased, loaded, and
3 immediately accessible at the time of the offense; or
4 (A-5) the pistol, revolver, or handgun possessed
5 was uncased, loaded, and immediately accessible at the
6 time of the offense and the person possessing the
7 pistol, revolver, or handgun has not been issued a
8 currently valid license under the Firearm Concealed
9 Carry Act; or
10 (B) the firearm, other than a pistol, revolver, or
11 handgun, possessed was uncased, unloaded, and the
12 ammunition for the weapon was immediately accessible
13 at the time of the offense; or
14 (B-5) the pistol, revolver, or handgun possessed
15 was uncased, unloaded, and the ammunition for the
16 weapon was immediately accessible at the time of the
17 offense and the person possessing the pistol,
18 revolver, or handgun has not been issued a currently
19 valid license under the Firearm Concealed Carry Act; or
20 (C) the person possessing the firearm has not been
21 issued a currently valid Firearm Owner's
22 Identification Card; or
23 (D) the person possessing the weapon was
24 previously adjudicated a delinquent minor under the
25 Juvenile Court Act of 1987 for an act that if committed
26 by an adult would be a felony; or

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1 (E) the person possessing the weapon was engaged in
2 a misdemeanor violation of the Cannabis Control Act, in
3 a misdemeanor violation of the Illinois Controlled
4 Substances Act, or in a misdemeanor violation of the
5 Methamphetamine Control and Community Protection Act;
6 or
7 (F) (blank); or
8 (G) the person possessing the weapon had an a order
9 of protection issued against him or her within the
10 previous 2 years; or
11 (H) the person possessing the weapon was engaged in
12 the commission or attempted commission of a
13 misdemeanor involving the use or threat of violence
14 against the person or property of another; or
15 (I) the person possessing the weapon was under 21
16 years of age and in possession of a handgun, unless the
17 person under 21 is engaged in lawful activities under
18 the Wildlife Code or described in subsection
19 24-2(b)(1), (b)(3), or 24-2(f).
20 (a-5) "Handgun" as used in this Section has the meaning
21given to it in Section 5 of the Firearm Concealed Carry Act.
22 (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24 (c) This Section does not apply to or affect the
25transportation or possession of weapons as provided in
26subsection 24-1(a)(4)(B) or that:

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1 (i) are broken down in a non-functioning state; or
2 (ii) are not immediately accessible; or
3 (iii) are unloaded and enclosed in a case, firearm
4 carrying box, shipping box, or other container by a person
5 who has been issued a currently valid Firearm Owner's
6 Identification Card.
7 (d) Sentence.
8 (1) Aggravated unlawful use of a weapon is a Class 4
9 felony; a second or subsequent offense is a Class 2 felony
10 for which the person shall be sentenced to a term of
11 imprisonment of not less than 3 years and not more than 7
12 years.
13 (2) Except as otherwise provided in paragraphs (3) and
14 (4) of this subsection (d), a first offense of aggravated
15 unlawful use of a weapon committed with a firearm by a
16 person 18 years of age or older where the factors listed in
17 both items (A) and (C) or both items (A-5) and (C) of
18 paragraph (3) of subsection (a) are present is a Class 4
19 felony, for which the person shall be sentenced to a term
20 of imprisonment of not less than one year and not more than
21 3 years.
22 (3) Aggravated unlawful use of a weapon by a person who
23 has been previously convicted of a felony in this State or
24 another jurisdiction is a Class 2 felony for which the
25 person shall be sentenced to a term of imprisonment of not
26 less than 3 years and not more than 7 years.

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1 (4) Aggravated unlawful use of a weapon while wearing
2 or in possession of body armor as defined in Section 33F-1
3 by a person who has not been issued a valid Firearms
4 Owner's Identification Card in accordance with Section 5 of
5 the Firearm Owners Identification Card Act is a Class X
6 felony.
7 (e) The possession of each firearm in violation of this
8Section constitutes a single and separate violation.
9(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
10 (720 ILCS 5/24-2)
11 Sec. 24-2. Exemptions.
12 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
14the following:
15 (1) Peace officers, and any person summoned by a peace
16 officer to assist in making arrests or preserving the
17 peace, while actually engaged in assisting such officer.
18 (2) Wardens, superintendents and keepers of prisons,
19 penitentiaries, jails and other institutions for the
20 detention of persons accused or convicted of an offense,
21 while in the performance of their official duty, or while
22 commuting between their homes and places of employment.
23 (3) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard or the
25 Reserve Officers Training Corps, while in the performance

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1 of their official duty.
2 (4) Special agents employed by a railroad or a public
3 utility to perform police functions, and guards of armored
4 car companies, while actually engaged in the performance of
5 the duties of their employment or commuting between their
6 homes and places of employment; and watchmen while actually
7 engaged in the performance of the duties of their
8 employment.
9 (5) Persons licensed as private security contractors,
10 private detectives, or private alarm contractors, or
11 employed by a private security contractor, private
12 detective, or private alarm contractor agency licensed by
13 the Department of Financial and Professional Regulation,
14 if their duties include the carrying of a weapon under the
15 provisions of the Private Detective, Private Alarm,
16 Private Security, Fingerprint Vendor, and Locksmith Act of
17 2004, while actually engaged in the performance of the
18 duties of their employment or commuting between their homes
19 and places of employment. A person shall be considered
20 eligible for this exemption if he or she has completed the
21 required 20 hours of training for a private security
22 contractor, private detective, or private alarm
23 contractor, or employee of a licensed private security
24 contractor, private detective, or private alarm contractor
25 agency and 20 hours of required firearm training, and has
26 been issued a firearm control card by the Department of

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1 Financial and Professional Regulation. Conditions for the
2 renewal of firearm control cards issued under the
3 provisions of this Section shall be the same as for those
4 cards issued under the provisions of the Private Detective,
5 Private Alarm, Private Security, Fingerprint Vendor, and
6 Locksmith Act of 2004. The firearm control card shall be
7 carried by the private security contractor, private
8 detective, or private alarm contractor, or employee of the
9 licensed private security contractor, private detective,
10 or private alarm contractor agency at all times when he or
11 she is in possession of a concealable weapon permitted by
12 his or her firearm control card.
13 (6) Any person regularly employed in a commercial or
14 industrial operation as a security guard for the protection
15 of persons employed and private property related to such
16 commercial or industrial operation, while actually engaged
17 in the performance of his or her duty or traveling between
18 sites or properties belonging to the employer, and who, as
19 a security guard, is a member of a security force
20 registered with the Department of Financial and
21 Professional Regulation; provided that such security guard
22 has successfully completed a course of study, approved by
23 and supervised by the Department of Financial and
24 Professional Regulation, consisting of not less than 40
25 hours of training that includes the theory of law
26 enforcement, liability for acts, and the handling of

HB0308- 19 -LRB100 05308 RLC 15319 b
1 weapons. A person shall be considered eligible for this
2 exemption if he or she has completed the required 20 hours
3 of training for a security officer and 20 hours of required
4 firearm training, and has been issued a firearm control
5 card by the Department of Financial and Professional
6 Regulation. Conditions for the renewal of firearm control
7 cards issued under the provisions of this Section shall be
8 the same as for those cards issued under the provisions of
9 the Private Detective, Private Alarm, Private Security,
10 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
11 control card shall be carried by the security guard at all
12 times when he or she is in possession of a concealable
13 weapon permitted by his or her firearm control card.
14 (7) Agents and investigators of the Illinois
15 Legislative Investigating Commission authorized by the
16 Commission to carry the weapons specified in subsections
17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18 any investigation for the Commission.
19 (8) Persons employed by a financial institution as a
20 security guard for the protection of other employees and
21 property related to such financial institution, while
22 actually engaged in the performance of their duties,
23 commuting between their homes and places of employment, or
24 traveling between sites or properties owned or operated by
25 such financial institution, and who, as a security guard,
26 is a member of a security force registered with the

HB0308- 20 -LRB100 05308 RLC 15319 b
1 Department; provided that any person so employed has
2 successfully completed a course of study, approved by and
3 supervised by the Department of Financial and Professional
4 Regulation, consisting of not less than 40 hours of
5 training which includes theory of law enforcement,
6 liability for acts, and the handling of weapons. A person
7 shall be considered to be eligible for this exemption if he
8 or she has completed the required 20 hours of training for
9 a security officer and 20 hours of required firearm
10 training, and has been issued a firearm control card by the
11 Department of Financial and Professional Regulation.
12 Conditions for renewal of firearm control cards issued
13 under the provisions of this Section shall be the same as
14 for those issued under the provisions of the Private
15 Detective, Private Alarm, Private Security, Fingerprint
16 Vendor, and Locksmith Act of 2004. The firearm control card
17 shall be carried by the security guard at all times when he
18 or she is in possession of a concealable weapon permitted
19 by his or her firearm control card. For purposes of this
20 subsection, "financial institution" means a bank, savings
21 and loan association, credit union or company providing
22 armored car services.
23 (9) Any person employed by an armored car company to
24 drive an armored car, while actually engaged in the
25 performance of his duties.
26 (10) Persons who have been classified as peace officers

HB0308- 21 -LRB100 05308 RLC 15319 b
1 pursuant to the Peace Officer Fire Investigation Act.
2 (11) Investigators of the Office of the State's
3 Attorneys Appellate Prosecutor authorized by the board of
4 governors of the Office of the State's Attorneys Appellate
5 Prosecutor to carry weapons pursuant to Section 7.06 of the
6 State's Attorneys Appellate Prosecutor's Act.
7 (12) Special investigators appointed by a State's
8 Attorney under Section 3-9005 of the Counties Code.
9 (12.5) Probation officers while in the performance of
10 their duties, or while commuting between their homes,
11 places of employment or specific locations that are part of
12 their assigned duties, with the consent of the chief judge
13 of the circuit for which they are employed, if they have
14 received weapons training according to requirements of the
15 Peace Officer and Probation Officer Firearm Training Act.
16 (13) Court Security Officers while in the performance
17 of their official duties, or while commuting between their
18 homes and places of employment, with the consent of the
19 Sheriff.
20 (13.5) A person employed as an armed security guard at
21 a nuclear energy, storage, weapons or development site or
22 facility regulated by the Nuclear Regulatory Commission
23 who has completed the background screening and training
24 mandated by the rules and regulations of the Nuclear
25 Regulatory Commission.
26 (14) Manufacture, transportation, or sale of weapons

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1 to persons authorized under subdivisions (1) through
2 (13.5) of this subsection to possess those weapons.
3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10 (1) Members of any club or organization organized for
11 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) Hunters, trappers or fishermen with a license or
19 permit while engaged in hunting, trapping or fishing.
20 (4) Transportation of weapons that are broken down in a
21 non-functioning state or are not immediately accessible.
22 (5) Carrying or possessing any pistol, revolver, stun
23 gun or taser or other firearm on the land or in the legal
24 dwelling of another person as an invitee with that person's
25 permission.
26 (c) Subsection 24-1(a)(7) does not apply to or affect any

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1of the following:
2 (1) Peace officers while in performance of their
3 official duties.
4 (2) Wardens, superintendents and keepers of prisons,
5 penitentiaries, jails and other institutions for the
6 detention of persons accused or convicted of an offense.
7 (3) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (4) Manufacture, transportation, or sale of machine
11 guns to persons authorized under subdivisions (1) through
12 (3) of this subsection to possess machine guns, if the
13 machine guns are broken down in a non-functioning state or
14 are not immediately accessible.
15 (5) Persons licensed under federal law to manufacture
16 any weapon from which 8 or more shots or bullets can be
17 discharged by a single function of the firing device, or
18 ammunition for such weapons, and actually engaged in the
19 business of manufacturing such weapons or ammunition, but
20 only with respect to activities which are within the lawful
21 scope of such business, such as the manufacture,
22 transportation, or testing of such weapons or ammunition.
23 This exemption does not authorize the general private
24 possession of any weapon from which 8 or more shots or
25 bullets can be discharged by a single function of the
26 firing device, but only such possession and activities as

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1 are within the lawful scope of a licensed manufacturing
2 business described in this paragraph.
3 During transportation, such weapons shall be broken
4 down in a non-functioning state or not immediately
5 accessible.
6 (6) The manufacture, transport, testing, delivery,
7 transfer or sale, and all lawful commercial or experimental
8 activities necessary thereto, of rifles, shotguns, and
9 weapons made from rifles or shotguns, or ammunition for
10 such rifles, shotguns or weapons, where engaged in by a
11 person operating as a contractor or subcontractor pursuant
12 to a contract or subcontract for the development and supply
13 of such rifles, shotguns, weapons or ammunition to the
14 United States government or any branch of the Armed Forces
15 of the United States, when such activities are necessary
16 and incident to fulfilling the terms of such contract.
17 The exemption granted under this subdivision (c)(6)
18 shall also apply to any authorized agent of any such
19 contractor or subcontractor who is operating within the
20 scope of his employment, where such activities involving
21 such weapon, weapons or ammunition are necessary and
22 incident to fulfilling the terms of such contract.
23 (7) A person possessing a rifle with a barrel or
24 barrels less than 16 inches in length if: (A) the person
25 has been issued a Curios and Relics license from the U.S.
26 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

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1 the person is an active member of a bona fide, nationally
2 recognized military re-enacting group and the modification
3 is required and necessary to accurately portray the weapon
4 for historical re-enactment purposes; the re-enactor is in
5 possession of a valid and current re-enacting group
6 membership credential; and the overall length of the weapon
7 as modified is not less than 26 inches.
8 (d) Subsection 24-1(a)(1) does not apply to the purchase,
9possession or carrying of a black-jack or slung-shot by a peace
10officer.
11 (e) Subsection 24-1(a)(8) does not apply to any owner,
12manager or authorized employee of any place specified in that
13subsection nor to any law enforcement officer.
14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
15Section 24-1.6 do not apply to members of any club or
16organization organized for the purpose of practicing shooting
17at targets upon established target ranges, whether public or
18private, while using their firearms on those target ranges.
19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
20to:
21 (1) Members of the Armed Services or Reserve Forces of
22 the United States or the Illinois National Guard, while in
23 the performance of their official duty.
24 (2) Bonafide collectors of antique or surplus military
25 ordnance ordinance.
26 (3) Laboratories having a department of forensic

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1 ballistics, or specializing in the development of
2 ammunition or explosive ordnance ordinance.
3 (4) Commerce, preparation, assembly or possession of
4 explosive bullets by manufacturers of ammunition licensed
5 by the federal government, in connection with the supply of
6 those organizations and persons exempted by subdivision
7 (g)(1) of this Section, or like organizations and persons
8 outside this State, or the transportation of explosive
9 bullets to any organization or person exempted in this
10 Section by a common carrier or by a vehicle owned or leased
11 by an exempted manufacturer.
12 (g-5) Subsection 24-1(a)(6) does not apply to or affect
13persons licensed under federal law to manufacture any device or
14attachment of any kind designed, used, or intended for use in
15silencing the report of any firearm, firearms, or ammunition
16for those firearms equipped with those devices, and actually
17engaged in the business of manufacturing those devices,
18firearms, or ammunition, but only with respect to activities
19that are within the lawful scope of that business, such as the
20manufacture, transportation, or testing of those devices,
21firearms, or ammunition. This exemption does not authorize the
22general private possession of any device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm, but only such possession and activities
25as are within the lawful scope of a licensed manufacturing
26business described in this subsection (g-5). During

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1transportation, these devices shall be detached from any weapon
2or not immediately accessible.
3 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any parole agent or parole
5supervisor who meets the qualifications and conditions
6prescribed in Section 3-14-1.5 of the Unified Code of
7Corrections.
8 (g-7) Subsection 24-1(a)(6) does not apply to a peace
9officer while serving as a member of a tactical response team
10or special operations team. A peace officer may not personally
11own or apply for ownership of a device or attachment of any
12kind designed, used, or intended for use in silencing the
13report of any firearm. These devices shall be owned and
14maintained by lawfully recognized units of government whose
15duties include the investigation of criminal acts.
16 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
18athlete's possession, transport on official Olympic and
19Paralympic transit systems established for athletes, or use of
20competition firearms sanctioned by the International Olympic
21Committee, the International Paralympic Committee, the
22International Shooting Sport Federation, or USA Shooting in
23connection with such athlete's training for and participation
24in shooting competitions at the 2016 Olympic and Paralympic
25Games and sanctioned test events leading up to the 2016 Olympic
26and Paralympic Games.

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1 (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any exemptions
3contained in this Article. The defendant shall have the burden
4of proving such an exemption.
5 (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm consigned
8to a common carrier operating under license of the State of
9Illinois or the federal government, where such transportation,
10carrying, or possession is incident to the lawful
11transportation in which such common carrier is engaged; and
12nothing in this Article shall prohibit, apply to, or affect the
13transportation, carrying, or possession of any pistol,
14revolver, stun gun, taser, or other firearm, not the subject of
15and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
16this Article, which is unloaded and enclosed in a case, firearm
17carrying box, shipping box, or other container, by the
18possessor of a valid Firearm Owners Identification Card; and
19nothing in this Article shall prohibit, apply to, or affect the
20transportation of any rifle, shotgun, or other long gun in a
21vehicle by a person who has been issued a currently valid
22Firearm Owner's Identification Card if the firearm is unloaded.
23(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
24eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
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