Bill Text: IL HB4471 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Creates the Responsible Gun Manufacturing Act. Provides that it is unlawful for a person to manufacture a convertible pistol. Provides that it is unlawful for a certified licensee, as defined in the Firearm Dealer License Certification Act, to sell, offer to sell, exchange, give, transfer, or deliver any convertible pistol. Provides that a violation of the Act is punishable by a civil penalty of $10,000, which shall be paid to the Illinois State Police. Provides that, if the person who committed the violation is a certified dealer, at the discretion of the Illinois State Police, the Illinois State Police shall suspend or revoke the certified dealer's license under the Firearm Dealer License Certification Act. Provides that the civil penalty and license suspension or revocation shall be assessed by the Illinois State Police after a hearing is held in accordance with the Firearm Dealer License Certification Act. Provides that a second violation of the Act is punishable by a civil penalty of $25,000, which shall be paid to the Illinois State Police, and, if the person who committed the violation is a certified dealer, the Illinois State Police shall revoke the certified dealer's license pursuant to the Firearm Dealer License Certification Act. Provides that the civil penalty and license revocation shall be assessed by the Illinois State Police after a hearing is held in accordance with the Firearm Dealer License Certification Act. Provides exemptions. Provides that the Illinois State Police may adopt rules to implement the Act. Provides for emergency rulemaking by the Illinois State Police to implement the Act. Defines "convertible pistol" as any semiautomatic pistol with a cruciform trigger bar that can be readily altered by hand or with common household tools so that it can be converted into a machine gun by the installation or attachment of a switch. Provides that "convertible pistol" does not include hammer-fired semiautomatic pistols. A tab or other piece of material on a pistol frame is not sufficient to prevent ready alteration so that the pistol can be converted into a machine gun by the installation or attachment of a switch, and will not prevent such pistol from qualifying as a convertible pistol, if that tab or other piece of material can be readily removed with common household tools. Defines other terms. Amends the Illinois Administrative Procedure Act to make conforming changes.
Sponsorship: Partisan Bill (Democrat 16)
Status: (Introduced) 2026-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB4471 Detail]
Download: Illinois-2025-HB4471-Introduced.html
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| 1 | AN ACT concerning firearms. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 1. This Act may be referred to as the Responsible | |||||||||||||||||||||
| 5 | Gun Manufacturing Act. | |||||||||||||||||||||
| 6 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||
| 7 | changing Sections 24-1 and 24-2 as follows: | |||||||||||||||||||||
| 8 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | |||||||||||||||||||||
| 9 | Sec. 24-1. Unlawful possession of weapons. | |||||||||||||||||||||
| 10 | (a) A person commits the offense of unlawful possession of | |||||||||||||||||||||
| 11 | weapons when he knowingly: | |||||||||||||||||||||
| 12 | (1) Sells, manufactures, purchases, possesses or | |||||||||||||||||||||
| 13 | carries any bludgeon, black-jack, slung-shot, sand-club, | |||||||||||||||||||||
| 14 | sand-bag, metal knuckles or other knuckle weapon | |||||||||||||||||||||
| 15 | regardless of its composition, throwing star, or any | |||||||||||||||||||||
| 16 | knife, commonly referred to as a switchblade knife, which | |||||||||||||||||||||
| 17 | has a blade that opens automatically by hand pressure | |||||||||||||||||||||
| 18 | applied to a button, spring or other device in the handle | |||||||||||||||||||||
| 19 | of the knife, or a ballistic knife, which is a device that | |||||||||||||||||||||
| 20 | propels a knifelike blade as a projectile by means of a | |||||||||||||||||||||
| 21 | coil spring, elastic material or compressed gas; or | |||||||||||||||||||||
| 22 | (2) Carries or possesses with intent to use the same | |||||||||||||||||||||
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| 1 | unlawfully against another, a dagger, dirk, billy, | ||||||
| 2 | dangerous knife, razor, stiletto, broken bottle or other | ||||||
| 3 | piece of glass, stun gun or taser or any other dangerous or | ||||||
| 4 | deadly weapon or instrument of like character; or | ||||||
| 5 | (2.5) Carries or possesses with intent to use the same | ||||||
| 6 | unlawfully against another, any firearm in a church, | ||||||
| 7 | synagogue, mosque, or other building, structure, or place | ||||||
| 8 | used for religious worship; or | ||||||
| 9 | (3) Carries on or about his person or in any vehicle, a | ||||||
| 10 | tear gas gun projector or bomb or any object containing | ||||||
| 11 | noxious liquid gas or substance, other than an object | ||||||
| 12 | containing a non-lethal noxious liquid gas or substance | ||||||
| 13 | designed solely for personal defense carried by a person | ||||||
| 14 | 18 years of age or older; or | ||||||
| 15 | (4) Carries or possesses in any vehicle or concealed | ||||||
| 16 | on or about his person except when on his land or in his | ||||||
| 17 | own abode, legal dwelling, or fixed place of business, or | ||||||
| 18 | on the land or in the legal dwelling of another person as | ||||||
| 19 | an invitee with that person's permission, any pistol, | ||||||
| 20 | revolver, stun gun or taser or other firearm, except that | ||||||
| 21 | this subsection (a)(4) does not apply to or affect | ||||||
| 22 | transportation of weapons that meet one of the following | ||||||
| 23 | conditions: | ||||||
| 24 | (i) are broken down in a non-functioning state; or | ||||||
| 25 | (ii) are not immediately accessible; or | ||||||
| 26 | (iii) are unloaded and enclosed in a case, firearm | ||||||
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| 1 | carrying box, shipping box, or other container by a | ||||||
| 2 | person who has been issued a currently valid Firearm | ||||||
| 3 | Owner's Identification Card; or | ||||||
| 4 | (iv) are carried or possessed in accordance with | ||||||
| 5 | the Firearm Concealed Carry Act by a person who has | ||||||
| 6 | been issued a currently valid license under the | ||||||
| 7 | Firearm Concealed Carry Act; or | ||||||
| 8 | (5) Sets a spring gun; or | ||||||
| 9 | (6) Possesses any device or attachment of any kind | ||||||
| 10 | designed, used or intended for use in silencing the report | ||||||
| 11 | of any firearm; or | ||||||
| 12 | (7) Sells, manufactures, purchases, possesses or | ||||||
| 13 | carries: | ||||||
| 14 | (i) a machine gun, which shall be defined for the | ||||||
| 15 | purposes of this subsection as any weapon, which | ||||||
| 16 | shoots, is designed to shoot, or can be readily | ||||||
| 17 | restored to shoot, automatically more than one shot | ||||||
| 18 | without manually reloading by a single function of the | ||||||
| 19 | trigger, including the frame or receiver of any such | ||||||
| 20 | weapon, or sells, manufactures, purchases, possesses, | ||||||
| 21 | or carries any combination of parts designed or | ||||||
| 22 | intended for use in converting any weapon into a | ||||||
| 23 | machine gun, or any combination or parts from which a | ||||||
| 24 | machine gun can be assembled if such parts are in the | ||||||
| 25 | possession or under the control of a person. Machine | ||||||
| 26 | gun also includes any convertible pistol equipped with | ||||||
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| 1 | a switch, as defined in paragraph (17) of this | ||||||
| 2 | subsection (a); or ; | ||||||
| 3 | (ii) any rifle having one or more barrels less | ||||||
| 4 | than 16 inches in length or a shotgun having one or | ||||||
| 5 | more barrels less than 18 inches in length or any | ||||||
| 6 | weapon made from a rifle or shotgun, whether by | ||||||
| 7 | alteration, modification, or otherwise, if such a | ||||||
| 8 | weapon as modified has an overall length of less than | ||||||
| 9 | 26 inches; or | ||||||
| 10 | (iii) any bomb, bomb-shell, grenade, bottle or | ||||||
| 11 | other container containing an explosive substance of | ||||||
| 12 | over one-quarter ounce for like purposes, such as, but | ||||||
| 13 | not limited to, black powder bombs and Molotov | ||||||
| 14 | cocktails or artillery projectiles; or | ||||||
| 15 | (8) Carries or possesses any firearm, stun gun or | ||||||
| 16 | taser or other deadly weapon in any place which is | ||||||
| 17 | licensed to sell intoxicating beverages, or at any public | ||||||
| 18 | gathering held pursuant to a license issued by any | ||||||
| 19 | governmental body or any public gathering at which an | ||||||
| 20 | admission is charged, excluding a place where a showing, | ||||||
| 21 | demonstration or lecture involving the exhibition of | ||||||
| 22 | unloaded firearms is conducted. | ||||||
| 23 | This subsection (a)(8) does not apply to any auction | ||||||
| 24 | or raffle of a firearm held pursuant to a license or permit | ||||||
| 25 | issued by a governmental body, nor does it apply to | ||||||
| 26 | persons engaged in firearm safety training courses; or | ||||||
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| 1 | (9) Carries or possesses in a vehicle or on or about | ||||||
| 2 | his or her person any pistol, revolver, stun gun or taser | ||||||
| 3 | or firearm or ballistic knife, when he or she is hooded, | ||||||
| 4 | robed or masked in such manner as to conceal his or her | ||||||
| 5 | identity; or | ||||||
| 6 | (10) Carries or possesses on or about his or her | ||||||
| 7 | person, upon any public street, alley, or other public | ||||||
| 8 | lands within the corporate limits of a city, village, or | ||||||
| 9 | incorporated town, except when an invitee thereon or | ||||||
| 10 | therein, for the purpose of the display of such weapon or | ||||||
| 11 | the lawful commerce in weapons, or except when on his land | ||||||
| 12 | or in his or her own abode, legal dwelling, or fixed place | ||||||
| 13 | of business, or on the land or in the legal dwelling of | ||||||
| 14 | another person as an invitee with that person's | ||||||
| 15 | permission, any pistol, revolver, stun gun, or taser or | ||||||
| 16 | other firearm, except that this subsection (a)(10) does | ||||||
| 17 | not apply to or affect transportation of weapons that meet | ||||||
| 18 | one of the following conditions: | ||||||
| 19 | (i) are broken down in a non-functioning state; or | ||||||
| 20 | (ii) are not immediately accessible; or | ||||||
| 21 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 22 | carrying box, shipping box, or other container by a | ||||||
| 23 | person who has been issued a currently valid Firearm | ||||||
| 24 | Owner's Identification Card; or | ||||||
| 25 | (iv) are carried or possessed in accordance with | ||||||
| 26 | the Firearm Concealed Carry Act by a person who has | ||||||
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| 1 | been issued a currently valid license under the | ||||||
| 2 | Firearm Concealed Carry Act. | ||||||
| 3 | A "stun gun or taser", as used in this paragraph (a) | ||||||
| 4 | means (i) any device which is powered by electrical | ||||||
| 5 | charging units, such as, batteries, and which fires one or | ||||||
| 6 | several barbs attached to a length of wire and which, upon | ||||||
| 7 | hitting a human, can send out a current capable of | ||||||
| 8 | disrupting the person's nervous system in such a manner as | ||||||
| 9 | to render him incapable of normal functioning or (ii) any | ||||||
| 10 | device which is powered by electrical charging units, such | ||||||
| 11 | as batteries, and which, upon contact with a human or | ||||||
| 12 | clothing worn by a human, can send out current capable of | ||||||
| 13 | disrupting the person's nervous system in such a manner as | ||||||
| 14 | to render him incapable of normal functioning; or | ||||||
| 15 | (11) Sells, manufactures, delivers, imports, | ||||||
| 16 | possesses, or purchases any assault weapon attachment or | ||||||
| 17 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
| 18 | any explosive bullet. For purposes of this paragraph (a) | ||||||
| 19 | "explosive bullet" means the projectile portion of an | ||||||
| 20 | ammunition cartridge which contains or carries an | ||||||
| 21 | explosive charge which will explode upon contact with the | ||||||
| 22 | flesh of a human or an animal. "Cartridge" means a tubular | ||||||
| 23 | metal case having a projectile affixed at the front | ||||||
| 24 | thereof and a cap or primer at the rear end thereof, with | ||||||
| 25 | the propellant contained in such tube between the | ||||||
| 26 | projectile and the cap; or | ||||||
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| 1 | (12) (Blank); or | ||||||
| 2 | (13) Carries or possesses on or about his or her | ||||||
| 3 | person while in a building occupied by a unit of | ||||||
| 4 | government, a billy club, other weapon of like character, | ||||||
| 5 | or other instrument of like character intended for use as | ||||||
| 6 | a weapon. For the purposes of this Section, "billy club" | ||||||
| 7 | means a short stick or club commonly carried by police | ||||||
| 8 | officers which is either telescopic or constructed of a | ||||||
| 9 | solid piece of wood or other man-made material; or | ||||||
| 10 | (14) Manufactures, possesses, sells, or offers to | ||||||
| 11 | sell, purchase, manufacture, import, transfer, or use any | ||||||
| 12 | device, part, kit, tool, accessory, or combination of | ||||||
| 13 | parts that is designed to and functions to increase the | ||||||
| 14 | rate of fire of a semiautomatic firearm above the standard | ||||||
| 15 | rate of fire for semiautomatic firearms that is not | ||||||
| 16 | equipped with that device, part, or combination of parts; | ||||||
| 17 | or | ||||||
| 18 | (15) Carries or possesses any assault weapon or .50 | ||||||
| 19 | caliber rifle in violation of Section 24-1.9; or | ||||||
| 20 | (16) Manufactures, sells, delivers, imports, or | ||||||
| 21 | purchases any assault weapon or .50 caliber rifle in | ||||||
| 22 | violation of Section 24-1.9; or . | ||||||
| 23 | (17) Manufactures, sells, or offers to sell, | ||||||
| 24 | purchases, receives, manufactures, imports, or transfers a | ||||||
| 25 | convertible pistol. In this paragraph (17): | ||||||
| 26 | "Convertible pistol" means any semiautomatic pistol | ||||||
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| 1 | with a cruciform trigger bar that can be readily converted | ||||||
| 2 | by hand or with common household tools into a machine gun | ||||||
| 3 | by the installation or attachment of a switch as a | ||||||
| 4 | replacement for the slide's backplate without any | ||||||
| 5 | additional engineering, machining, or modification of the | ||||||
| 6 | pistol's trigger mechanism. "Machine gun-convertible | ||||||
| 7 | pistol" does not include a hammer-fired semiautomatic | ||||||
| 8 | pistol or a striker-fired semiautomatic pistol that lacks | ||||||
| 9 | a cruciform trigger bar, but instead has a trigger bar | ||||||
| 10 | that is shielded from interference by a pistol converter. | ||||||
| 11 | A polymer notch or other piece of polymer molded into the | ||||||
| 12 | rear of the pistol frame does not prevent ready conversion | ||||||
| 13 | into a machine gun and will not prevent a pistol from | ||||||
| 14 | qualifying as convertible under this definition. | ||||||
| 15 | "Switch" means any device or instrument that when | ||||||
| 16 | installed in or attached to the slide of a semi-automatic | ||||||
| 17 | pistol interferes with the trigger mechanism and thereby | ||||||
| 18 | enables the pistol to discharge a number of shots rapidly | ||||||
| 19 | or automatically with one continuous pull of the trigger. | ||||||
| 20 | "Common household tool" means a screwdriver (8 to 10 | ||||||
| 21 | inches in length, flathead or phillips, flathead sizes up | ||||||
| 22 | to 5/8 inches), pipe wrenches (9 1/2 to 10 inches in | ||||||
| 23 | length), vice grip pliers (9 1/2 to 10 inches in length), | ||||||
| 24 | other pliers (9 1/2 to 10 inches arch joint, 6 to 6 | ||||||
| 25 | 1/2-inch slip joint, 6 to 6 1/2-inch long nose), hacksaws | ||||||
| 26 | (12-inch standard carbon steel blade), crowbars (16-inch), | ||||||
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| 1 | electric/cordless drills (1/3 horsepower corded/9.6 volt | ||||||
| 2 | cordless), hammers (16-ounce), chisels (1/4-inch to 1-inch | ||||||
| 3 | blade width wood chisels), and crescent wrenches | ||||||
| 4 | (10-inch). | ||||||
| 5 | (b) Sentence. A person convicted of a violation of | ||||||
| 6 | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | ||||||
| 7 | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | ||||||
| 8 | commits a Class A misdemeanor. A person convicted of a | ||||||
| 9 | violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a | ||||||
| 10 | Class 4 felony; a person convicted of a violation of | ||||||
| 11 | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||||||
| 12 | 24-1(a)(16) commits a Class 3 felony. A person convicted of a | ||||||
| 13 | violation of subsection 24-1(a)(7)(i) or 24-1(a)(17) commits a | ||||||
| 14 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
| 15 | of not less than 3 years and not more than 7 years, unless the | ||||||
| 16 | weapon is possessed in the passenger compartment of a motor | ||||||
| 17 | vehicle as defined in Section 1-146 of the Illinois Vehicle | ||||||
| 18 | Code, or on the person, while the weapon is loaded, in which | ||||||
| 19 | case it shall be a Class X felony. A person convicted of a | ||||||
| 20 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
| 21 | 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a | ||||||
| 22 | Class 3 felony. A person convicted of a violation of | ||||||
| 23 | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 | ||||||
| 24 | felony. The possession of each weapon or device in violation | ||||||
| 25 | of this Section constitutes a single and separate violation. | ||||||
| 26 | (c) Violations in specific places. | ||||||
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| 1 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
| 2 | 24-1(a)(7) in any school, regardless of the time of day or | ||||||
| 3 | the time of year, in residential property owned, operated | ||||||
| 4 | or managed by a public housing agency or leased by a public | ||||||
| 5 | housing agency as part of a scattered site or mixed-income | ||||||
| 6 | development, in a public park, in a courthouse, on the | ||||||
| 7 | real property comprising any school, regardless of the | ||||||
| 8 | time of day or the time of year, on residential property | ||||||
| 9 | owned, operated or managed by a public housing agency or | ||||||
| 10 | leased by a public housing agency as part of a scattered | ||||||
| 11 | site or mixed-income development, on the real property | ||||||
| 12 | comprising any public park, on the real property | ||||||
| 13 | comprising any courthouse, in any conveyance owned, leased | ||||||
| 14 | or contracted by a school to transport students to or from | ||||||
| 15 | school or a school related activity, in any conveyance | ||||||
| 16 | owned, leased, or contracted by a public transportation | ||||||
| 17 | agency, or on any public way within 1,000 feet of the real | ||||||
| 18 | property comprising any school, public park, courthouse, | ||||||
| 19 | public transportation facility, or residential property | ||||||
| 20 | owned, operated, or managed by a public housing agency or | ||||||
| 21 | leased by a public housing agency as part of a scattered | ||||||
| 22 | site or mixed-income development commits a Class 2 felony | ||||||
| 23 | and shall be sentenced to a term of imprisonment of not | ||||||
| 24 | less than 3 years and not more than 7 years. | ||||||
| 25 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
| 26 | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of | ||||||
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| 1 | the time of day or the time of year, in residential | ||||||
| 2 | property owned, operated, or managed by a public housing | ||||||
| 3 | agency or leased by a public housing agency as part of a | ||||||
| 4 | scattered site or mixed-income development, in a public | ||||||
| 5 | park, in a courthouse, on the real property comprising any | ||||||
| 6 | school, regardless of the time of day or the time of year, | ||||||
| 7 | on residential property owned, operated, or managed by a | ||||||
| 8 | public housing agency or leased by a public housing agency | ||||||
| 9 | as part of a scattered site or mixed-income development, | ||||||
| 10 | on the real property comprising any public park, on the | ||||||
| 11 | real property comprising any courthouse, in any conveyance | ||||||
| 12 | owned, leased, or contracted by a school to transport | ||||||
| 13 | students to or from school or a school related activity, | ||||||
| 14 | in any conveyance owned, leased, or contracted by a public | ||||||
| 15 | transportation agency, or on any public way within 1,000 | ||||||
| 16 | feet of the real property comprising any school, public | ||||||
| 17 | park, courthouse, public transportation facility, or | ||||||
| 18 | residential property owned, operated, or managed by a | ||||||
| 19 | public housing agency or leased by a public housing agency | ||||||
| 20 | as part of a scattered site or mixed-income development | ||||||
| 21 | commits a Class 3 felony. | ||||||
| 22 | (2) A person who violates subsection 24-1(a)(1), | ||||||
| 23 | 24-1(a)(2), or 24-1(a)(3) 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, | ||||||
| 7 | on the real property comprising any public park, on the | ||||||
| 8 | real 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, | ||||||
| 11 | in 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 4 felony. "Courthouse" means any building | ||||||
| 19 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
| 20 | of this State for the conduct of official business. | ||||||
| 21 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
| 22 | (c) shall not apply to law enforcement officers or | ||||||
| 23 | security officers of such school, college, or university | ||||||
| 24 | or to students carrying or possessing firearms for use in | ||||||
| 25 | training courses, parades, hunting, target shooting on | ||||||
| 26 | school ranges, or otherwise with the consent of school | ||||||
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| 1 | authorities and which firearms are transported unloaded | ||||||
| 2 | enclosed in a suitable case, box, or transportation | ||||||
| 3 | package. | ||||||
| 4 | (4) For the purposes of this subsection (c), "school" | ||||||
| 5 | means any public or private elementary or secondary | ||||||
| 6 | school, community college, college, or university. | ||||||
| 7 | (5) For the purposes of this subsection (c), "public | ||||||
| 8 | transportation agency" means a public or private agency | ||||||
| 9 | that provides for the transportation or conveyance of | ||||||
| 10 | persons by means available to the general public, except | ||||||
| 11 | for transportation by automobiles not used for conveyance | ||||||
| 12 | of the general public as passengers; and "public | ||||||
| 13 | transportation facility" means a terminal or other place | ||||||
| 14 | where one may obtain public transportation. | ||||||
| 15 | (d) The presence in an automobile other than a public | ||||||
| 16 | omnibus of any weapon, instrument or substance referred to in | ||||||
| 17 | subsection (a)(7) is prima facie evidence that it is in the | ||||||
| 18 | possession of, and is being carried by, all persons occupying | ||||||
| 19 | such automobile at the time such weapon, instrument or | ||||||
| 20 | substance is found, except under the following circumstances: | ||||||
| 21 | (i) if such weapon, instrument or instrumentality is found | ||||||
| 22 | upon the person of one of the occupants therein; or (ii) if | ||||||
| 23 | such weapon, instrument or substance is found in an automobile | ||||||
| 24 | operated for hire by a duly licensed driver in the due, lawful | ||||||
| 25 | and proper pursuit of his or her trade, then such presumption | ||||||
| 26 | shall not apply to the driver. | ||||||
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| 1 | (e) Exemptions. | ||||||
| 2 | (1) Crossbows, Common or Compound bows and Underwater | ||||||
| 3 | Spearguns are exempted from the definition of ballistic | ||||||
| 4 | knife as defined in paragraph (1) of subsection (a) of | ||||||
| 5 | this Section. | ||||||
| 6 | (2) The provision of paragraph (1) of subsection (a) | ||||||
| 7 | of this Section prohibiting the sale, manufacture, | ||||||
| 8 | purchase, possession, or carrying of any knife, commonly | ||||||
| 9 | referred to as a switchblade knife, which has a blade that | ||||||
| 10 | opens automatically by hand pressure applied to a button, | ||||||
| 11 | spring or other device in the handle of the knife, does not | ||||||
| 12 | apply to a person who possesses a currently valid Firearm | ||||||
| 13 | Owner's Identification Card previously issued in his or | ||||||
| 14 | her name by the Illinois State Police or to a person or an | ||||||
| 15 | entity engaged in the business of selling or manufacturing | ||||||
| 16 | switchblade knives. | ||||||
| 17 | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; | ||||||
| 18 | 103-822, eff. 1-1-25.) | ||||||
| 19 | (720 ILCS 5/24-2) | ||||||
| 20 | Sec. 24-2. Exemptions. | ||||||
| 21 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 22 | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of | ||||||
| 23 | the following: | ||||||
| 24 | (1) Peace officers, and any person summoned by a peace | ||||||
| 25 | officer to assist in making arrests or preserving the | ||||||
| |||||||
| |||||||
| 1 | peace, while actually engaged in assisting such officer. | ||||||
| 2 | (2) Wardens, superintendents, and keepers of prisons, | ||||||
| 3 | penitentiaries, jails, and other institutions for the | ||||||
| 4 | detention of persons accused or convicted of an offense, | ||||||
| 5 | while in the performance of their official duty, or while | ||||||
| 6 | commuting between their homes and places of employment. | ||||||
| 7 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 8 | the United States or the Illinois National Guard or the | ||||||
| 9 | Reserve Officers Training Corps, while in the performance | ||||||
| 10 | of their official duty. | ||||||
| 11 | (4) Special agents employed by a railroad or a public | ||||||
| 12 | utility to perform police functions, and guards of armored | ||||||
| 13 | car companies, while actually engaged in the performance | ||||||
| 14 | of the duties of their employment or commuting between | ||||||
| 15 | their homes and places of employment; and watchmen while | ||||||
| 16 | actually engaged in the performance of the duties of their | ||||||
| 17 | employment. | ||||||
| 18 | (5) Persons licensed as private security contractors, | ||||||
| 19 | private detectives, or private alarm contractors, or | ||||||
| 20 | employed by a private security contractor, private | ||||||
| 21 | detective, or private alarm contractor agency licensed by | ||||||
| 22 | the Department of Financial and Professional Regulation, | ||||||
| 23 | if their duties include the carrying of a weapon under the | ||||||
| 24 | provisions of the Private Detective, Private Alarm, | ||||||
| 25 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 26 | 2004, while actually engaged in the performance of the | ||||||
| |||||||
| |||||||
| 1 | duties of their employment or commuting between their | ||||||
| 2 | homes and places of employment. A person shall be | ||||||
| 3 | considered eligible for this exemption if he or she has | ||||||
| 4 | completed the required 20 hours of training for a private | ||||||
| 5 | security contractor, private detective, or private alarm | ||||||
| 6 | contractor, or employee of a licensed private security | ||||||
| 7 | contractor, private detective, or private alarm contractor | ||||||
| 8 | agency and 28 hours of required firearm training, and has | ||||||
| 9 | been issued a firearm control card by the Department of | ||||||
| 10 | Financial and Professional Regulation. Conditions for the | ||||||
| 11 | renewal of firearm control cards issued under the | ||||||
| 12 | provisions of this Section shall be the same as for those | ||||||
| 13 | cards issued under the provisions of the Private | ||||||
| 14 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 15 | Vendor, and Locksmith Act of 2004. The firearm control | ||||||
| 16 | card shall be carried by the private security contractor, | ||||||
| 17 | private detective, or private alarm contractor, or | ||||||
| 18 | employee of the licensed private security contractor, | ||||||
| 19 | private detective, or private alarm contractor agency at | ||||||
| 20 | all times when he or she is in possession of a concealable | ||||||
| 21 | weapon permitted by his or her firearm control card. | ||||||
| 22 | (6) Any person regularly employed in a commercial or | ||||||
| 23 | industrial operation as a security guard for the | ||||||
| 24 | protection of persons employed and private property | ||||||
| 25 | related to such commercial or industrial operation, while | ||||||
| 26 | actually engaged in the performance of his or her duty or | ||||||
| |||||||
| |||||||
| 1 | traveling between sites or properties belonging to the | ||||||
| 2 | employer, and who, as a security guard, is a member of a | ||||||
| 3 | security force registered with the Department of Financial | ||||||
| 4 | and Professional Regulation; provided that such security | ||||||
| 5 | guard has successfully completed a course of study, | ||||||
| 6 | approved by and supervised by the Department of Financial | ||||||
| 7 | and Professional Regulation, consisting of not less than | ||||||
| 8 | 48 hours of training that includes the theory of law | ||||||
| 9 | enforcement, liability for acts, and the handling of | ||||||
| 10 | weapons. A person shall be considered eligible for this | ||||||
| 11 | exemption if he or she has completed the required 20 hours | ||||||
| 12 | of training for a security officer and 28 hours of | ||||||
| 13 | required firearm training, and has been issued a firearm | ||||||
| 14 | control card by the Department of Financial and | ||||||
| 15 | Professional Regulation. Conditions for the renewal of | ||||||
| 16 | firearm control cards issued under the provisions of this | ||||||
| 17 | Section shall be the same as for those cards issued under | ||||||
| 18 | the provisions of the Private Detective, Private Alarm, | ||||||
| 19 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 20 | 2004. The firearm control card shall be carried by the | ||||||
| 21 | security guard at all times when he or she is in possession | ||||||
| 22 | of a concealable weapon permitted by his or her firearm | ||||||
| 23 | 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 | ||||||
| |||||||
| |||||||
| 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 48 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 | ||||||
| 18 | he or she has completed the required 20 hours of training | ||||||
| 19 | for a security officer and 28 hours of required firearm | ||||||
| 20 | training, and has been issued a firearm control card by | ||||||
| 21 | the 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 | ||||||
| |||||||
| |||||||
| 1 | card shall be carried by the security guard at all times | ||||||
| 2 | when he or she is in possession of a concealable weapon | ||||||
| 3 | permitted by his or her firearm control card. For purposes | ||||||
| 4 | of this subsection, "financial institution" means a bank, | ||||||
| 5 | savings and loan association, credit union, or company | ||||||
| 6 | providing 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 | ||||||
| 11 | officers pursuant to the Peace Officer Fire Investigation | ||||||
| 12 | Act. | ||||||
| 13 | (11) Investigators of the Office of the State's | ||||||
| 14 | Attorneys Appellate Prosecutor authorized by the board of | ||||||
| 15 | governors of the Office of the State's Attorneys Appellate | ||||||
| 16 | Prosecutor to carry weapons pursuant to Section 7.06 of | ||||||
| 17 | the State's Attorneys Appellate Prosecutor's Act. | ||||||
| 18 | (12) Special investigators appointed by a State's | ||||||
| 19 | Attorney under Section 3-9005 of the Counties Code. | ||||||
| 20 | (12.5) Probation officers while in the performance of | ||||||
| 21 | their duties, or while commuting between their homes, | ||||||
| 22 | places of employment or specific locations that are part | ||||||
| 23 | of their assigned duties, with the consent of the chief | ||||||
| 24 | judge of the circuit for which they are employed, if they | ||||||
| 25 | have received weapons training according to requirements | ||||||
| 26 | of the Peace Officer and Probation Officer Firearm | ||||||
| |||||||
| |||||||
| 1 | Training Act. | ||||||
| 2 | (13) Court security officers while in the performance | ||||||
| 3 | of their official duties, or while commuting between their | ||||||
| 4 | homes and places of employment, with the consent of the | ||||||
| 5 | sheriff. | ||||||
| 6 | (13.5) A person employed as an armed security guard at | ||||||
| 7 | a nuclear energy, storage, weapons, or development site or | ||||||
| 8 | facility regulated by the Nuclear Regulatory Commission | ||||||
| 9 | who has completed the background screening and training | ||||||
| 10 | mandated by the rules and regulations of the Nuclear | ||||||
| 11 | Regulatory Commission. | ||||||
| 12 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 13 | to persons authorized under subdivisions (1) through | ||||||
| 14 | (13.5) of this subsection to possess those weapons. | ||||||
| 15 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 16 | to or affect any person carrying a concealed pistol, revolver, | ||||||
| 17 | or handgun and the person has been issued a currently valid | ||||||
| 18 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 19 | the commission of the offense. | ||||||
| 20 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 21 | to or affect a qualified current or retired law enforcement | ||||||
| 22 | officer or a current or retired deputy, county correctional | ||||||
| 23 | officer, or correctional officer of the Department of | ||||||
| 24 | Corrections qualified under the laws of this State or under | ||||||
| 25 | the federal Law Enforcement Officers Safety Act. | ||||||
| 26 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| |||||||
| |||||||
| 1 | 24-1.6 do not apply to or affect any of the following: | ||||||
| 2 | (1) Members of any club or organization organized for | ||||||
| 3 | the purpose of practicing shooting at targets upon | ||||||
| 4 | established target ranges, whether public or private, and | ||||||
| 5 | patrons of such ranges, while such members or patrons are | ||||||
| 6 | using their firearms on those target ranges. | ||||||
| 7 | (2) Duly authorized military or civil organizations | ||||||
| 8 | while parading, with the special permission of the | ||||||
| 9 | Governor. | ||||||
| 10 | (3) Hunters, trappers, or fishermen while engaged in | ||||||
| 11 | lawful hunting, trapping, or fishing under the provisions | ||||||
| 12 | of the Wildlife Code or the Fish and Aquatic Life Code. | ||||||
| 13 | (4) Transportation of weapons that are broken down in | ||||||
| 14 | a non-functioning state or are not immediately accessible. | ||||||
| 15 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 16 | gun or taser or other firearm on the land or in the legal | ||||||
| 17 | dwelling of another person as an invitee with that | ||||||
| 18 | person's permission. | ||||||
| 19 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 20 | of the following: | ||||||
| 21 | (1) Peace officers while in performance of their | ||||||
| 22 | official duties. | ||||||
| 23 | (2) Wardens, superintendents, and keepers of prisons, | ||||||
| 24 | penitentiaries, jails, and other institutions for the | ||||||
| 25 | detention of persons accused or convicted of an offense. | ||||||
| 26 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| |||||||
| |||||||
| 1 | the United States or the Illinois National Guard, while in | ||||||
| 2 | the performance of their official duty. | ||||||
| 3 | (4) Manufacture, transportation, or sale of machine | ||||||
| 4 | guns to persons authorized under subdivisions (1) through | ||||||
| 5 | (3) of this subsection to possess machine guns, if the | ||||||
| 6 | machine guns are broken down in a non-functioning state or | ||||||
| 7 | are not immediately accessible. | ||||||
| 8 | (5) Persons licensed under federal law to manufacture | ||||||
| 9 | any weapon from which 8 or more shots or bullets can be | ||||||
| 10 | discharged by a single function of the firing device, or | ||||||
| 11 | ammunition for such weapons, and actually engaged in the | ||||||
| 12 | business of manufacturing such weapons or ammunition, but | ||||||
| 13 | only with respect to activities which are within the | ||||||
| 14 | lawful scope of such business, such as the manufacture, | ||||||
| 15 | transportation, or testing of such weapons or ammunition. | ||||||
| 16 | This exemption does not authorize the general private | ||||||
| 17 | possession of any weapon from which 8 or more shots or | ||||||
| 18 | bullets can be discharged by a single function of the | ||||||
| 19 | firing device, but only such possession and activities as | ||||||
| 20 | are within the lawful scope of a licensed manufacturing | ||||||
| 21 | business described in this paragraph. | ||||||
| 22 | During transportation, such weapons shall be broken | ||||||
| 23 | down in a non-functioning state or not immediately | ||||||
| 24 | accessible. | ||||||
| 25 | (6) The manufacture, transport, testing, delivery, | ||||||
| 26 | transfer, or sale, and all lawful commercial or | ||||||
| |||||||
| |||||||
| 1 | experimental activities necessary thereto, of rifles, | ||||||
| 2 | shotguns, and weapons made from rifles or shotguns, or | ||||||
| 3 | ammunition for such rifles, shotguns, or weapons, where | ||||||
| 4 | engaged in by a person operating as a contractor or | ||||||
| 5 | subcontractor pursuant to a contract or subcontract for | ||||||
| 6 | the development and supply of such rifles, shotguns, | ||||||
| 7 | weapons, or ammunition to the United States government or | ||||||
| 8 | any branch of the Armed Forces of the United States, when | ||||||
| 9 | such activities are necessary and incident to fulfilling | ||||||
| 10 | the terms of such contract. | ||||||
| 11 | The exemption granted under this subdivision (c)(6) | ||||||
| 12 | shall also apply to any authorized agent of any such | ||||||
| 13 | contractor or subcontractor who is operating within the | ||||||
| 14 | scope of his employment, where such activities involving | ||||||
| 15 | such weapon, weapons, or ammunition are necessary and | ||||||
| 16 | incident to fulfilling the terms of such contract. | ||||||
| 17 | (7) A person possessing a rifle with a barrel or | ||||||
| 18 | barrels less than 16 inches in length if: (A) the person | ||||||
| 19 | has been issued a Curios and Relics license from the U.S. | ||||||
| 20 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
| 21 | (B) the person is an active member of a bona fide, | ||||||
| 22 | nationally recognized military re-enacting group and the | ||||||
| 23 | modification is required and necessary to accurately | ||||||
| 24 | portray the weapon for historical re-enactment purposes; | ||||||
| 25 | the re-enactor is in possession of a valid and current | ||||||
| 26 | re-enacting group membership credential; and the overall | ||||||
| |||||||
| |||||||
| 1 | length of the weapon as modified is not less than 26 | ||||||
| 2 | inches. | ||||||
| 3 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 4 | possession or carrying of a black-jack or slung-shot by a | ||||||
| 5 | peace officer. | ||||||
| 6 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
| 7 | manager, or authorized employee of any place specified in that | ||||||
| 8 | subsection nor to any law enforcement officer. | ||||||
| 9 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
| 10 | Section 24-1.6 do not apply to members of any club or | ||||||
| 11 | organization organized for the purpose of practicing shooting | ||||||
| 12 | at targets upon established target ranges, whether public or | ||||||
| 13 | private, while using their firearms on those target ranges. | ||||||
| 14 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
| 15 | to: | ||||||
| 16 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 17 | the United States or the Illinois National Guard, while in | ||||||
| 18 | the performance of their official duty. | ||||||
| 19 | (2) Bonafide collectors of antique or surplus military | ||||||
| 20 | ordnance. | ||||||
| 21 | (3) Laboratories having a department of forensic | ||||||
| 22 | ballistics or specializing in the development of | ||||||
| 23 | ammunition or explosive ordnance. | ||||||
| 24 | (4) Commerce, preparation, assembly, or possession of | ||||||
| 25 | explosive bullets by manufacturers of ammunition licensed | ||||||
| 26 | by the federal government, in connection with the supply | ||||||
| |||||||
| |||||||
| 1 | of those organizations and persons exempted by subdivision | ||||||
| 2 | (g)(1) of this Section, or like organizations and persons | ||||||
| 3 | outside this State, or the transportation of explosive | ||||||
| 4 | bullets to any organization or person exempted in this | ||||||
| 5 | Section by a common carrier or by a vehicle owned or leased | ||||||
| 6 | by an exempted manufacturer. | ||||||
| 7 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 8 | persons licensed under federal law to manufacture any device | ||||||
| 9 | or attachment of any kind designed, used, or intended for use | ||||||
| 10 | in silencing the report of any firearm, firearms, or | ||||||
| 11 | ammunition for those firearms equipped with those devices, and | ||||||
| 12 | actually engaged in the business of manufacturing those | ||||||
| 13 | devices, firearms, or ammunition, but only with respect to | ||||||
| 14 | activities that are within the lawful scope of that business, | ||||||
| 15 | such as the manufacture, transportation, or testing of those | ||||||
| 16 | devices, firearms, or ammunition. This exemption does not | ||||||
| 17 | authorize the general private possession of any device or | ||||||
| 18 | attachment of any kind designed, used, or intended for use in | ||||||
| 19 | silencing the report of any firearm, but only such possession | ||||||
| 20 | and activities as are within the lawful scope of a licensed | ||||||
| 21 | manufacturing business described in this subsection (g-5). | ||||||
| 22 | During transportation, these devices shall be detached from | ||||||
| 23 | any weapon or not immediately accessible. | ||||||
| 24 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 25 | 24-1.6 do not apply to or affect any parole agent or parole | ||||||
| 26 | supervisor who meets the qualifications and conditions | ||||||
| |||||||
| |||||||
| 1 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 2 | Corrections. | ||||||
| 3 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 4 | officer while serving as a member of a tactical response team | ||||||
| 5 | or special operations team. A peace officer may not personally | ||||||
| 6 | own or apply for ownership of a device or attachment of any | ||||||
| 7 | kind designed, used, or intended for use in silencing the | ||||||
| 8 | report of any firearm. These devices shall be owned and | ||||||
| 9 | maintained by lawfully recognized units of government whose | ||||||
| 10 | duties include the investigation of criminal acts. | ||||||
| 11 | (g-10) (Blank). | ||||||
| 12 | (g-11) Subsection 24-1(a)(17) does not apply to or affect | ||||||
| 13 | any of the following: | ||||||
| 14 | (1) Sales to or purchases by peace officers, as | ||||||
| 15 | defined in Section 2-13, for use in their official duties. | ||||||
| 16 | (2) Sales to or transfers by local law enforcement | ||||||
| 17 | agencies for the purpose of equipping the agency's peace | ||||||
| 18 | officers as defined in paragraph (1). | ||||||
| 19 | (3) Sales to wardens, superintendents, and keepers of | ||||||
| 20 | prisons, penitentiaries, jails, and other institutions for | ||||||
| 21 | use in the detention of persons accused or convicted of an | ||||||
| 22 | offense. | ||||||
| 23 | (4) Sales to or purchases by members of the Armed | ||||||
| 24 | Services or Reserve Forces of the United States or the | ||||||
| 25 | Illinois National Guard, for use in their official duties. | ||||||
| 26 | (5) Any company that employs armed security officers | ||||||
| |||||||
| |||||||
| 1 | in this State at a nuclear energy, storage, weapons, or | ||||||
| 2 | development site or facility regulated by the federal | ||||||
| 3 | Nuclear Regulatory Commission and any person employed as | ||||||
| 4 | an armed security force member at a nuclear energy | ||||||
| 5 | storage, weapons, or development site or facility | ||||||
| 6 | regulated by the federal Nuclear Regulatory Commission who | ||||||
| 7 | has completed the background screening and training | ||||||
| 8 | mandated by the rules and regulations of the federal | ||||||
| 9 | Nuclear Regulatory Commission and for the performance of | ||||||
| 10 | official duties. | ||||||
| 11 | (6) A firearm modified to render it permanently | ||||||
| 12 | inoperative. | ||||||
| 13 | (7) A certified licensed firearms dealer or | ||||||
| 14 | manufacturer who is: | ||||||
| 15 | (A) providing or servicing a convertible pistol | ||||||
| 16 | for a law enforcement unit or for personnel exempted | ||||||
| 17 | under paragraphs (1) through (5); | ||||||
| 18 | (B) acting to sell or transfer a convertible | ||||||
| 19 | pistol to a licensed firearm dealer in another state | ||||||
| 20 | or to an individual purchaser in another state through | ||||||
| 21 | a licensed firearms dealer; or | ||||||
| 22 | (C) acting to return to a customer in another | ||||||
| 23 | state a convertible pistol to the licensed firearms | ||||||
| 24 | dealer or manufacturer under the terms of a warranty | ||||||
| 25 | or for repair. | ||||||
| 26 | (8) Sales, purchases, or transfers to organizations | ||||||
| |||||||
| |||||||
| 1 | that are required or authorized by federal law governing | ||||||
| 2 | their specific business or activity to acquire convertible | ||||||
| 3 | pistols. | ||||||
| 4 | (9) The receipt of a convertible pistol by | ||||||
| 5 | inheritance, and possession of the convertible pistol, if | ||||||
| 6 | the decedent lawfully possessed the convertible pistol and | ||||||
| 7 | the person inheriting the convertible pistol is not | ||||||
| 8 | otherwise disqualified from possessing a firearm under | ||||||
| 9 | federal or State law. | ||||||
| 10 | (10) The receipt of a convertible pistol by a personal | ||||||
| 11 | representative of an estate for purposes of exercising the | ||||||
| 12 | powers and duties of a personal representative of an | ||||||
| 13 | estate. | ||||||
| 14 | (11) Receipt of a convertible pistol by a person who | ||||||
| 15 | is retired in good standing from service with a law | ||||||
| 16 | enforcement agency of the State or a local unit in the | ||||||
| 17 | State and is not otherwise prohibited from receiving a | ||||||
| 18 | convertible pistol if: | ||||||
| 19 | (A) the convertible pistol is sold or transferred | ||||||
| 20 | to the person by the law enforcement agency on | ||||||
| 21 | retirement; or | ||||||
| 22 | (B) the convertible pistol was purchased or | ||||||
| 23 | obtained by the person for official use with the law | ||||||
| 24 | enforcement agency before retirement. | ||||||
| 25 | (12) Transfer, receipt, and testing by, or shipping to | ||||||
| 26 | or from: | ||||||
| |||||||
| |||||||
| 1 | (A) an ISO 17025 accredited, National Institute of | ||||||
| 2 | Justice-approved ballistics testing laboratory; or | ||||||
| 3 | (B) a facility or entity that manufactures or | ||||||
| 4 | provides research and development testing, analysis, | ||||||
| 5 | or engineering for personal protective equipment or | ||||||
| 6 | vehicle protection systems. | ||||||
| 7 | (13) The temporary transfer of a convertible pistol | ||||||
| 8 | that was lawfully purchased and possessed prior to the | ||||||
| 9 | effective date of this amendatory Act of the 104th General | ||||||
| 10 | Assembly or otherwise lawfully obtained following the | ||||||
| 11 | effective date of this amendatory Act of the 104th General | ||||||
| 12 | Assembly to a certified licensed firearms dealer or | ||||||
| 13 | gunsmith for the purpose of servicing the convertible | ||||||
| 14 | pistol or the return of the convertible pistol to its | ||||||
| 15 | lawful owner by a certified licensed firearms dealer or | ||||||
| 16 | gunsmith upon the completion of servicing the convertible | ||||||
| 17 | pistol. | ||||||
| 18 | (14) The manufacture, transportation, sale, or rental | ||||||
| 19 | of blank firing convertible pistols to persons authorized | ||||||
| 20 | or permitted, or both authorized and permitted, to acquire | ||||||
| 21 | and possess these weapons or attachments for the purpose | ||||||
| 22 | of rental for use solely as props for a motion picture, | ||||||
| 23 | television, or video production or entertainment event. | ||||||
| 24 | (g-12) The Illinois State Police may adopt rules to | ||||||
| 25 | implement this amendatory Act of the 104th General Assembly. | ||||||
| 26 | Rules adopted to implement this amendatory Act of the 104th | ||||||
| |||||||
| |||||||
| 1 | General Assembly are exempt from the Illinois Administrative | ||||||
| 2 | Procedure Act. | ||||||
| 3 | (h) An information or indictment based upon a violation of | ||||||
| 4 | any subsection of this Article need not negate any exemptions | ||||||
| 5 | contained in this Article. The defendant shall have the burden | ||||||
| 6 | of proving such an exemption. | ||||||
| 7 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 8 | affect the transportation, carrying, or possession of any | ||||||
| 9 | pistol or revolver, stun gun, taser, or other firearm | ||||||
| 10 | consigned to a common carrier operating under license of the | ||||||
| 11 | State of Illinois or the federal government, where such | ||||||
| 12 | transportation, carrying, or possession is incident to the | ||||||
| 13 | lawful transportation in which such common carrier is engaged; | ||||||
| 14 | and nothing in this Article shall prohibit, apply to, or | ||||||
| 15 | affect the transportation, carrying, or possession of any | ||||||
| 16 | pistol, revolver, stun gun, taser, or other firearm, not the | ||||||
| 17 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
| 18 | subsection 24-2(c) of this Article, which is unloaded and | ||||||
| 19 | enclosed in a case, firearm carrying box, shipping box, or | ||||||
| 20 | other container, by the possessor of a valid Firearm Owners | ||||||
| 21 | Identification Card. | ||||||
| 22 | (Source: P.A. 103-154, eff. 6-30-23; 104-417, eff. 8-15-25.) | ||||||
| 23 | Section 97. Severability. The provisions of this Act are | ||||||
| 24 | severable under Section 1.31 of the Statute on Statutes. | ||||||
