Bill Text: IL HB2822 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. In the statute concerning unlawful use of weapons that prohibits the knowing sale, manufacture, purchase, possession, or carrying of any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, deletes "whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches". In the exemption statute, permits an active member of a bona fide, nationally recognized military re-enacting group to have a rifle with a barrel or barrels less than 16 inches in length if the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; and the re-enactor is in possession of a valid and current re-enacting group membership credential. Deletes that the overall length of the weapon as modified must be not less than 26 inches. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-05-30 - Motion Tabled [HB2822 Detail]

Download: Illinois-2017-HB2822-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2822

Introduced , by Rep. Charles Meier

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

Amends the Criminal Code of 2012. In the statute concerning unlawful use of weapons that prohibits the knowing sale, manufacture, purchase, possession, or carrying of any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, deletes "whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches". In the exemption statute, permits an active member of a bona fide, nationally recognized military re-enacting group to have a rifle with a barrel or barrels less than 16 inches in length if the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; and the re-enactor is in possession of a valid and current re-enacting group membership credential. Deletes that the overall length of the weapon as modified must be not less than 26 inches. Effective immediately.
LRB100 09218 RLC 19374 b

A BILL FOR

HB2822LRB100 09218 RLC 19374 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 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

HB2822- 2 -LRB100 09218 RLC 19374 b
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 weapons that meet one of the following
16 conditions:
17 (i) are broken down in a non-functioning state; or
18 (ii) are not immediately accessible; or
19 (iii) are unloaded and enclosed in a case, firearm
20 carrying box, shipping box, or other container by a
21 person who has been issued a currently valid Firearm
22 Owner's Identification Card; or
23 (iv) are carried or possessed in accordance with
24 the Firearm Concealed Carry Act by a person who has
25 been issued a currently valid license under the Firearm
26 Concealed Carry Act; or

HB2822- 3 -LRB100 09218 RLC 19374 b
1 (5) Sets a spring gun; or
2 (6) Possesses any device or attachment of any kind
3 designed, used or intended for use in silencing the report
4 of any firearm; or
5 (7) Sells, manufactures, purchases, possesses or
6 carries:
7 (i) a machine gun, which shall be defined for the
8 purposes of this subsection as any weapon, which
9 shoots, is designed to shoot, or can be readily
10 restored to shoot, automatically more than one shot
11 without manually reloading by a single function of the
12 trigger, including the frame or receiver of any such
13 weapon, or sells, manufactures, purchases, possesses,
14 or carries any combination of parts designed or
15 intended for use in converting any weapon into a
16 machine gun, or any combination or parts from which a
17 machine gun can be assembled if such parts are in the
18 possession or under the control of a person;
19 (ii) any rifle having one or more barrels less than
20 16 inches in length or a shotgun having one or more
21 barrels less than 18 inches in length or any weapon
22 made from a rifle or shotgun, whether by alteration,
23 modification, or otherwise, if such a weapon as
24 modified has an overall length of less than 26 inches;
25 or
26 (iii) any bomb, bomb-shell, grenade, bottle or

HB2822- 4 -LRB100 09218 RLC 19374 b
1 other container containing an explosive substance of
2 over one-quarter ounce for like purposes, such as, but
3 not limited to, black powder bombs and Molotov
4 cocktails or artillery projectiles; or
5 (8) Carries or possesses any firearm, stun gun or taser
6 or other deadly weapon in any place which is licensed to
7 sell intoxicating beverages, or at any public gathering
8 held pursuant to a license issued by any governmental body
9 or any public gathering at which an admission is charged,
10 excluding a place where a showing, demonstration or lecture
11 involving the exhibition of unloaded firearms is
12 conducted.
13 This subsection (a)(8) does not apply to any auction or
14 raffle of a firearm held pursuant to a license or permit
15 issued by a governmental body, nor does it apply to persons
16 engaged in firearm safety training courses; or
17 (9) Carries or possesses in a vehicle or on or about
18 his person any pistol, revolver, stun gun or taser or
19 firearm or ballistic knife, when he is hooded, robed or
20 masked in such manner as to conceal his identity; or
21 (10) Carries or possesses on or about his person, upon
22 any public street, alley, or other public lands within the
23 corporate limits of a city, village or incorporated town,
24 except when an invitee thereon or therein, for the purpose
25 of the display of such weapon or the lawful commerce in
26 weapons, or except when on his land or in his own abode,

HB2822- 5 -LRB100 09218 RLC 19374 b
1 legal dwelling, or fixed place of business, or on the land
2 or in the legal dwelling of another person as an invitee
3 with that person's permission, any pistol, revolver, stun
4 gun or taser or other firearm, except that this subsection
5 (a) (10) does not apply to or affect transportation of
6 weapons that meet one of the following conditions:
7 (i) are broken down in a non-functioning state; or
8 (ii) are not immediately accessible; or
9 (iii) are unloaded and enclosed in a case, firearm
10 carrying box, shipping box, or other container by a
11 person who has been issued a currently valid Firearm
12 Owner's Identification Card; or
13 (iv) are carried or possessed in accordance with
14 the Firearm Concealed Carry Act by a person who has
15 been issued a currently valid license under the Firearm
16 Concealed Carry Act.
17 A "stun gun or taser", as used in this paragraph (a)
18 means (i) any device which is powered by electrical
19 charging units, such as, batteries, and which fires one or
20 several barbs attached to a length of wire and which, upon
21 hitting a human, can send out a current capable of
22 disrupting the person's nervous system in such a manner as
23 to render him incapable of normal functioning or (ii) any
24 device which is powered by electrical charging units, such
25 as batteries, and which, upon contact with a human or
26 clothing worn by a human, can send out current capable of

HB2822- 6 -LRB100 09218 RLC 19374 b
1 disrupting the person's nervous system in such a manner as
2 to render him incapable of normal functioning; or
3 (11) Sells, manufactures or purchases any explosive
4 bullet. For purposes of this paragraph (a) "explosive
5 bullet" means the projectile portion of an ammunition
6 cartridge which contains or carries an explosive charge
7 which will explode upon contact with the flesh of a human
8 or an animal. "Cartridge" means a tubular metal case having
9 a projectile affixed at the front thereof and a cap or
10 primer at the rear end thereof, with the propellant
11 contained in such tube between the projectile and the cap;
12 or
13 (12) (Blank); or
14 (13) Carries or possesses on or about his or her person
15 while in a building occupied by a unit of government, a
16 billy club, other weapon of like character, or other
17 instrument of like character intended for use as a weapon.
18 For the purposes of this Section, "billy club" means a
19 short stick or club commonly carried by police officers
20 which is either telescopic or constructed of a solid piece
21 of wood or other man-made material.
22 (b) Sentence. A person convicted of a violation of
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
25Class A misdemeanor. A person convicted of a violation of
26subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

HB2822- 7 -LRB100 09218 RLC 19374 b
1person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 2 felony and shall be sentenced to a term of imprisonment
5of not less than 3 years and not more than 7 years, unless the
6weapon is possessed in the passenger compartment of a motor
7vehicle as defined in Section 1-146 of the Illinois Vehicle
8Code, or on the person, while the weapon is loaded, in which
9case it shall be a Class X felony. A person convicted of a
10second or subsequent violation of subsection 24-1(a)(4),
1124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
12felony. The possession of each weapon in violation of this
13Section constitutes a single and separate violation.
14 (c) Violations in specific places.
15 (1) A person who violates subsection 24-1(a)(6) or
16 24-1(a)(7) in any school, regardless of the time of day or
17 the time of year, in residential property owned, operated
18 or managed by a public housing agency or leased by a public
19 housing agency as part of a scattered site or mixed-income
20 development, in a public park, in a courthouse, on the real
21 property comprising any school, regardless of the time of
22 day or the time of year, on residential property owned,
23 operated or managed by a public housing agency or leased by
24 a public housing agency as part of a scattered site or
25 mixed-income development, on the real property comprising
26 any public park, on the real property comprising any

HB2822- 8 -LRB100 09218 RLC 19374 b
1 courthouse, in any conveyance owned, leased or contracted
2 by a school to transport students to or from school or a
3 school related activity, in any conveyance owned, leased,
4 or contracted by a public transportation agency, or on any
5 public way within 1,000 feet of the real property
6 comprising any school, public park, courthouse, public
7 transportation facility, or residential property owned,
8 operated, or managed by a public housing agency or leased
9 by a public housing agency as part of a scattered site or
10 mixed-income development commits a Class 2 felony and shall
11 be sentenced to a term of imprisonment of not less than 3
12 years and not more than 7 years.
13 (1.5) A person who violates subsection 24-1(a)(4),
14 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
15 time of day or the time of year, in residential property
16 owned, operated, or managed by a public housing agency or
17 leased by a public housing agency as part of a scattered
18 site or mixed-income development, in a public park, in a
19 courthouse, on the real property comprising any school,
20 regardless of the time of day or the time of year, on
21 residential property owned, operated, or managed by a
22 public housing agency or leased by a public housing agency
23 as part of a scattered site or mixed-income development, on
24 the real property comprising any public park, on the real
25 property comprising any courthouse, in any conveyance
26 owned, leased, or contracted by a school to transport

HB2822- 9 -LRB100 09218 RLC 19374 b
1 students to or from school or a school related activity, in
2 any conveyance owned, leased, or contracted by a public
3 transportation agency, or on any public way within 1,000
4 feet of the real property comprising any school, public
5 park, courthouse, public transportation facility, or
6 residential property owned, operated, or managed by a
7 public housing agency or leased by a public housing agency
8 as part of a scattered site or mixed-income development
9 commits a Class 3 felony.
10 (2) A person who violates subsection 24-1(a)(1),
11 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
12 time of day or the time of year, in residential property
13 owned, operated or managed by a public housing agency or
14 leased by a public housing agency as part of a scattered
15 site or mixed-income development, in a public park, in a
16 courthouse, on the real property comprising any school,
17 regardless of the time of day or the time of year, on
18 residential property owned, operated or managed by a public
19 housing agency or leased by a public housing agency as part
20 of a scattered site or mixed-income development, on the
21 real property comprising any public park, on the real
22 property comprising any courthouse, in any conveyance
23 owned, leased or contracted by a school to transport
24 students to or from school or a school related activity, in
25 any conveyance owned, leased, or contracted by a public
26 transportation agency, or on any public way within 1,000

HB2822- 10 -LRB100 09218 RLC 19374 b
1 feet of the real property comprising any school, public
2 park, courthouse, public transportation facility, or
3 residential property owned, operated, or managed by a
4 public housing agency or leased by a public housing agency
5 as part of a scattered site or mixed-income development
6 commits a Class 4 felony. "Courthouse" means any building
7 that is used by the Circuit, Appellate, or Supreme Court of
8 this State for the conduct of official business.
9 (3) Paragraphs (1), (1.5), and (2) of this subsection
10 (c) shall not apply to law enforcement officers or security
11 officers of such school, college, or university or to
12 students carrying or possessing firearms for use in
13 training courses, parades, hunting, target shooting on
14 school ranges, or otherwise with the consent of school
15 authorities and which firearms are transported unloaded
16 enclosed in a suitable case, box, or transportation
17 package.
18 (4) For the purposes of this subsection (c), "school"
19 means any public or private elementary or secondary school,
20 community college, college, or university.
21 (5) For the purposes of this subsection (c), "public
22 transportation agency" means a public or private agency
23 that provides for the transportation or conveyance of
24 persons by means available to the general public, except
25 for transportation by automobiles not used for conveyance
26 of the general public as passengers; and "public

HB2822- 11 -LRB100 09218 RLC 19374 b
1 transportation facility" means a terminal or other place
2 where one may obtain public transportation.
3 (d) The presence in an automobile other than a public
4omnibus of any weapon, instrument or substance referred to in
5subsection (a)(7) is prima facie evidence that it is in the
6possession of, and is being carried by, all persons occupying
7such automobile at the time such weapon, instrument or
8substance is found, except under the following circumstances:
9(i) if such weapon, instrument or instrumentality is found upon
10the person of one of the occupants therein; or (ii) if such
11weapon, instrument or substance is found in an automobile
12operated for hire by a duly licensed driver in the due, lawful
13and proper pursuit of his trade, then such presumption shall
14not apply to the driver.
15 (e) Exemptions. Crossbows, Common or Compound bows and
16Underwater Spearguns are exempted from the definition of
17ballistic knife as defined in paragraph (1) of subsection (a)
18of this Section.
19(Source: P.A. 99-29, eff. 7-10-15.)
20 (720 ILCS 5/24-2)
21 Sec. 24-2. Exemptions.
22 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
24the following:
25 (1) Peace officers, and any person summoned by a peace

HB2822- 12 -LRB100 09218 RLC 19374 b
1 officer to assist in making arrests or preserving the
2 peace, while actually engaged in assisting such officer.
3 (2) Wardens, superintendents and keepers of prisons,
4 penitentiaries, jails and other institutions for the
5 detention of persons accused or convicted of an offense,
6 while in the performance of their official duty, or while
7 commuting between their homes and places of employment.
8 (3) Members of the Armed Services or Reserve Forces of
9 the United States or the Illinois National Guard or the
10 Reserve Officers Training Corps, while in the performance
11 of their official duty.
12 (4) Special agents employed by a railroad or a public
13 utility to perform police functions, and guards of armored
14 car companies, while actually engaged in the performance of
15 the duties of their employment or commuting between their
16 homes and places of employment; and watchmen while actually
17 engaged in the performance of the duties of their
18 employment.
19 (5) Persons licensed as private security contractors,
20 private detectives, or private alarm contractors, or
21 employed by a private security contractor, private
22 detective, or private alarm contractor agency licensed by
23 the Department of Financial and Professional Regulation,
24 if their duties include the carrying of a weapon under the
25 provisions of the Private Detective, Private Alarm,
26 Private Security, Fingerprint Vendor, and Locksmith Act of

HB2822- 13 -LRB100 09218 RLC 19374 b
1 2004, while actually engaged in the performance of the
2 duties of their employment or commuting between their homes
3 and places of employment. A person shall be considered
4 eligible for this exemption if he or she has completed the
5 required 20 hours of training for a private security
6 contractor, private detective, or private alarm
7 contractor, or employee of a licensed private security
8 contractor, private detective, or private alarm contractor
9 agency and 20 hours of required firearm training, and has
10 been issued a firearm control card by the Department of
11 Financial and Professional Regulation. Conditions for the
12 renewal of firearm control cards issued under the
13 provisions of this Section shall be the same as for those
14 cards issued under the provisions of the Private Detective,
15 Private Alarm, Private Security, Fingerprint Vendor, and
16 Locksmith Act of 2004. The firearm control card shall be
17 carried by the private security contractor, private
18 detective, or private alarm contractor, or employee of the
19 licensed private security contractor, private detective,
20 or private alarm contractor agency at all times when he or
21 she is in possession of a concealable weapon permitted by
22 his or her firearm control card.
23 (6) Any person regularly employed in a commercial or
24 industrial operation as a security guard for the protection
25 of persons employed and private property related to such
26 commercial or industrial operation, while actually engaged

HB2822- 14 -LRB100 09218 RLC 19374 b
1 in the performance of his or her duty or traveling between
2 sites or properties belonging to the employer, and who, as
3 a security guard, is a member of a security force
4 registered with the Department of Financial and
5 Professional Regulation; provided that such security guard
6 has successfully completed a course of study, approved by
7 and supervised by the Department of Financial and
8 Professional Regulation, consisting of not less than 40
9 hours of training that includes the theory of law
10 enforcement, liability for acts, and the handling of
11 weapons. A person shall be considered eligible for this
12 exemption if he or she has completed the required 20 hours
13 of training for a security officer and 20 hours of required
14 firearm training, and has been issued a firearm control
15 card by the Department of Financial and Professional
16 Regulation. Conditions for the renewal of firearm control
17 cards issued under the provisions of this Section shall be
18 the same as for those cards issued under the provisions of
19 the Private Detective, Private Alarm, Private Security,
20 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
21 control card shall be carried by the security guard at all
22 times when he or she is in possession of a concealable
23 weapon permitted by his or her firearm control card.
24 (7) Agents and investigators of the Illinois
25 Legislative Investigating Commission authorized by the
26 Commission to carry the weapons specified in subsections

HB2822- 15 -LRB100 09218 RLC 19374 b
1 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2 any investigation for the Commission.
3 (8) Persons employed by a financial institution as a
4 security guard for the protection of other employees and
5 property related to such financial institution, while
6 actually engaged in the performance of their duties,
7 commuting between their homes and places of employment, or
8 traveling between sites or properties owned or operated by
9 such financial institution, and who, as a security guard,
10 is a member of a security force registered with the
11 Department; provided that any person so employed has
12 successfully completed a course of study, approved by and
13 supervised by the Department of Financial and Professional
14 Regulation, consisting of not less than 40 hours of
15 training which includes theory of law enforcement,
16 liability for acts, and the handling of weapons. A person
17 shall be considered to be eligible for this exemption if he
18 or she has completed the required 20 hours of training for
19 a security officer and 20 hours of required firearm
20 training, and has been issued a firearm control card by the
21 Department of Financial and Professional Regulation.
22 Conditions for renewal of firearm control cards issued
23 under the provisions of this Section shall be the same as
24 for those issued under the provisions of the Private
25 Detective, Private Alarm, Private Security, Fingerprint
26 Vendor, and Locksmith Act of 2004. The firearm control card

HB2822- 16 -LRB100 09218 RLC 19374 b
1 shall be carried by the security guard at all times when he
2 or she is in possession of a concealable weapon permitted
3 by his or her firearm control card. For purposes of this
4 subsection, "financial institution" means a bank, savings
5 and loan association, credit union or company providing
6 armored car services.
7 (9) Any person employed by an armored car company to
8 drive an armored car, while actually engaged in the
9 performance of his duties.
10 (10) Persons who have been classified as peace officers
11 pursuant to the Peace Officer Fire Investigation Act.
12 (11) Investigators of the Office of the State's
13 Attorneys Appellate Prosecutor authorized by the board of
14 governors of the Office of the State's Attorneys Appellate
15 Prosecutor to carry weapons pursuant to Section 7.06 of the
16 State's Attorneys Appellate Prosecutor's Act.
17 (12) Special investigators appointed by a State's
18 Attorney under Section 3-9005 of the Counties Code.
19 (12.5) Probation officers while in the performance of
20 their duties, or while commuting between their homes,
21 places of employment or specific locations that are part of
22 their assigned duties, with the consent of the chief judge
23 of the circuit for which they are employed, if they have
24 received weapons training according to requirements of the
25 Peace Officer and Probation Officer Firearm Training Act.
26 (13) Court Security Officers while in the performance

HB2822- 17 -LRB100 09218 RLC 19374 b
1 of their official duties, or while commuting between their
2 homes and places of employment, with the consent of the
3 Sheriff.
4 (13.5) A person employed as an armed security guard at
5 a nuclear energy, storage, weapons or development site or
6 facility regulated by the Nuclear Regulatory Commission
7 who has completed the background screening and training
8 mandated by the rules and regulations of the Nuclear
9 Regulatory Commission.
10 (14) Manufacture, transportation, or sale of weapons
11 to persons authorized under subdivisions (1) through
12 (13.5) of this subsection to possess those weapons.
13 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to or affect any person carrying a concealed pistol, revolver,
15or handgun and the person has been issued a currently valid
16license under the Firearm Concealed Carry Act at the time of
17the commission of the offense.
18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20 (1) Members of any club or organization organized for
21 the purpose of practicing shooting at targets upon
22 established target ranges, whether public or private, and
23 patrons of such ranges, while such members or patrons are
24 using their firearms on those target ranges.
25 (2) Duly authorized military or civil organizations
26 while parading, with the special permission of the

HB2822- 18 -LRB100 09218 RLC 19374 b
1 Governor.
2 (3) Hunters, trappers or fishermen with a license or
3 permit while engaged in hunting, trapping or fishing.
4 (4) Transportation of weapons that are broken down in a
5 non-functioning state or are not immediately accessible.
6 (5) Carrying or possessing any pistol, revolver, stun
7 gun or taser or other firearm on the land or in the legal
8 dwelling of another person as an invitee with that person's
9 permission.
10 (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12 (1) Peace officers while in performance of their
13 official duties.
14 (2) Wardens, superintendents and keepers of prisons,
15 penitentiaries, jails and other institutions for the
16 detention of persons accused or convicted of an offense.
17 (3) Members of the Armed Services or Reserve Forces of
18 the United States or the Illinois National Guard, while in
19 the performance of their official duty.
20 (4) Manufacture, transportation, or sale of machine
21 guns to persons authorized under subdivisions (1) through
22 (3) of this subsection to possess machine guns, if the
23 machine guns are broken down in a non-functioning state or
24 are not immediately accessible.
25 (5) Persons licensed under federal law to manufacture
26 any weapon from which 8 or more shots or bullets can be

HB2822- 19 -LRB100 09218 RLC 19374 b
1 discharged by a single function of the firing device, or
2 ammunition for such weapons, and actually engaged in the
3 business of manufacturing such weapons or ammunition, but
4 only with respect to activities which are within the lawful
5 scope of such business, such as the manufacture,
6 transportation, or testing of such weapons or ammunition.
7 This exemption does not authorize the general private
8 possession of any weapon from which 8 or more shots or
9 bullets can be discharged by a single function of the
10 firing device, but only such possession and activities as
11 are within the lawful scope of a licensed manufacturing
12 business described in this paragraph.
13 During transportation, such weapons shall be broken
14 down in a non-functioning state or not immediately
15 accessible.
16 (6) The manufacture, transport, testing, delivery,
17 transfer or sale, and all lawful commercial or experimental
18 activities necessary thereto, of rifles, shotguns, and
19 weapons made from rifles or shotguns, or ammunition for
20 such rifles, shotguns or weapons, where engaged in by a
21 person operating as a contractor or subcontractor pursuant
22 to a contract or subcontract for the development and supply
23 of such rifles, shotguns, weapons or ammunition to the
24 United States government or any branch of the Armed Forces
25 of the United States, when such activities are necessary
26 and incident to fulfilling the terms of such contract.

HB2822- 20 -LRB100 09218 RLC 19374 b
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 (7) A person possessing a rifle with a barrel or
8 barrels less than 16 inches in length if: (A) the person
9 has been issued a Curios and Relics license from the U.S.
10 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
11 the person is an active member of a bona fide, nationally
12 recognized military re-enacting group and the modification
13 is required and necessary to accurately portray the weapon
14 for historical re-enactment purposes; the re-enactor is in
15 possession of a valid and current re-enacting group
16 membership credential; and the overall length of the weapon
17 as modified is not less than 26 inches.
18 (d) Subsection 24-1(a)(1) does not apply to the purchase,
19possession or carrying of a black-jack or slung-shot by a peace
20officer.
21 (e) Subsection 24-1(a)(8) does not apply to any owner,
22manager or authorized employee of any place specified in that
23subsection nor to any law enforcement officer.
24 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25Section 24-1.6 do not apply to members of any club or
26organization organized for the purpose of practicing shooting

HB2822- 21 -LRB100 09218 RLC 19374 b
1at targets upon established target ranges, whether public or
2private, while using their firearms on those target ranges.
3 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4to:
5 (1) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard, while in
7 the performance of their official duty.
8 (2) Bonafide collectors of antique or surplus military
9 ordnance ordinance.
10 (3) Laboratories having a department of forensic
11 ballistics, or specializing in the development of
12 ammunition or explosive ordnance ordinance.
13 (4) Commerce, preparation, assembly or possession of
14 explosive bullets by manufacturers of ammunition licensed
15 by the federal government, in connection with the supply of
16 those organizations and persons exempted by subdivision
17 (g)(1) of this Section, or like organizations and persons
18 outside this State, or the transportation of explosive
19 bullets to any organization or person exempted in this
20 Section by a common carrier or by a vehicle owned or leased
21 by an exempted manufacturer.
22 (g-5) Subsection 24-1(a)(6) does not apply to or affect
23persons licensed under federal law to manufacture any device or
24attachment of any kind designed, used, or intended for use in
25silencing the report of any firearm, firearms, or ammunition
26for those firearms equipped with those devices, and actually

HB2822- 22 -LRB100 09218 RLC 19374 b
1engaged in the business of manufacturing those devices,
2firearms, or ammunition, but only with respect to activities
3that are within the lawful scope of that business, such as the
4manufacture, transportation, or testing of those devices,
5firearms, or ammunition. This exemption does not authorize the
6general private possession of any device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm, but only such possession and activities
9as are within the lawful scope of a licensed manufacturing
10business described in this subsection (g-5). During
11transportation, these devices shall be detached from any weapon
12or not immediately accessible.
13 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18 (g-7) Subsection 24-1(a)(6) does not apply to a peace
19officer while serving as a member of a tactical response team
20or special operations team. A peace officer may not personally
21own or apply for ownership of a device or attachment of any
22kind designed, used, or intended for use in silencing the
23report of any firearm. These devices shall be owned and
24maintained by lawfully recognized units of government whose
25duties include the investigation of criminal acts.
26 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

HB2822- 23 -LRB100 09218 RLC 19374 b
124-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
2athlete's possession, transport on official Olympic and
3Paralympic transit systems established for athletes, or use of
4competition firearms sanctioned by the International Olympic
5Committee, the International Paralympic Committee, the
6International Shooting Sport Federation, or USA Shooting in
7connection with such athlete's training for and participation
8in shooting competitions at the 2016 Olympic and Paralympic
9Games and sanctioned test events leading up to the 2016 Olympic
10and Paralympic Games.
11 (h) An information or indictment based upon a violation of
12any subsection of this Article need not negative any exemptions
13contained in this Article. The defendant shall have the burden
14of proving such an exemption.
15 (i) Nothing in this Article shall prohibit, apply to, or
16affect the transportation, carrying, or possession, of any
17pistol or revolver, stun gun, taser, or other firearm consigned
18to a common carrier operating under license of the State of
19Illinois or the federal government, where such transportation,
20carrying, or possession is incident to the lawful
21transportation in which such common carrier is engaged; and
22nothing in this Article shall prohibit, apply to, or affect the
23transportation, carrying, or possession of any pistol,
24revolver, stun gun, taser, or other firearm, not the subject of
25and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
26this Article, which is unloaded and enclosed in a case, firearm

HB2822- 24 -LRB100 09218 RLC 19374 b
1carrying box, shipping box, or other container, by the
2possessor of a valid Firearm Owners Identification Card.
3(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
4eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
feedback