Bill Text: IL SB0077 | 2011-2012 | 97th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 1961. Exempts, from provisions prohibiting the sale, manufacture, purchase, possession, or carrying of specified weapons, an active member of a bona fide, nationally recognized military re-enacting group possessing a vintage rifle or modern reproduction thereof with a barrel or barrels less than 16 inches in length for the purpose of using the rifle during historical re-enactments if: (1) the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches; or (2) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0077 Detail]

Download: Illinois-2011-SB0077-Introduced.html


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0077

Introduced 1/27/2011, by Sen. John O. Jones

SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-2

Amends the Criminal Code of 1961. Exempts, from provisions prohibiting the sale, manufacture, purchase, possession, or carrying of specified weapons, an active member of a bona fide, nationally recognized military re-enacting group possessing a vintage rifle or modern reproduction thereof with a barrel or barrels less than 16 inches in length for the purpose of using the rifle during historical re-enactments if: (1) the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches; or (2) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Effective immediately.
LRB097 02758 RLC 42780 b

A BILL FOR

SB0077LRB097 02758 RLC 42780 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 1961 is amended by changing
5Section 24-2 as follows:
6 (720 ILCS 5/24-2)
7 Sec. 24-2. Exemptions.
8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11 (1) Peace officers, and any person summoned by a peace
12 officer to assist in making arrests or preserving the
13 peace, while actually engaged in assisting such officer.
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 while in the performance of their official duty, or while
18 commuting between their homes and places of employment.
19 (3) Members of the Armed Services or Reserve Forces of
20 the United States or the Illinois National Guard or the
21 Reserve Officers Training Corps, while in the performance
22 of their official duty.
23 (4) Special agents employed by a railroad or a public

SB0077- 2 -LRB097 02758 RLC 42780 b
1 utility to perform police functions, and guards of armored
2 car companies, while actually engaged in the performance of
3 the duties of their employment or commuting between their
4 homes and places of employment; and watchmen while actually
5 engaged in the performance of the duties of their
6 employment.
7 (5) Persons licensed as private security contractors,
8 private detectives, or private alarm contractors, or
9 employed by an agency certified by the Department of
10 Professional Regulation, if their duties include the
11 carrying of a weapon under the provisions of the Private
12 Detective, Private Alarm, Private Security, Fingerprint
13 Vendor, and Locksmith Act of 2004, while actually engaged
14 in the performance of the duties of their employment or
15 commuting between their homes and places of employment,
16 provided that such commuting is accomplished within one
17 hour from departure from home or place of employment, as
18 the case may be. Persons exempted under this subdivision
19 (a)(5) shall be required to have completed a course of
20 study in firearms handling and training approved and
21 supervised by the Department of Professional Regulation as
22 prescribed by Section 28 of the Private Detective, Private
23 Alarm, Private Security, Fingerprint Vendor, and Locksmith
24 Act of 2004, prior to becoming eligible for this exemption.
25 The Department of Professional Regulation shall provide
26 suitable documentation demonstrating the successful

SB0077- 3 -LRB097 02758 RLC 42780 b
1 completion of the prescribed firearms training. Such
2 documentation shall be carried at all times when such
3 persons are in possession of a concealable weapon.
4 (6) Any person regularly employed in a commercial or
5 industrial operation as a security guard for the protection
6 of persons employed and private property related to such
7 commercial or industrial operation, while actually engaged
8 in the performance of his or her duty or traveling between
9 sites or properties belonging to the employer, and who, as
10 a security guard, is a member of a security force of at
11 least 5 persons registered with the Department of
12 Professional Regulation; provided that such security guard
13 has successfully completed a course of study, approved by
14 and supervised by the Department of Professional
15 Regulation, consisting of not less than 40 hours of
16 training that includes the theory of law enforcement,
17 liability for acts, and the handling of weapons. A person
18 shall be considered eligible for this exemption if he or
19 she has completed the required 20 hours of training for a
20 security officer and 20 hours of required firearm training,
21 and has been issued a firearm control card by the
22 Department of Professional Regulation. Conditions for the
23 renewal of firearm control cards issued under the
24 provisions of this Section shall be the same as for those
25 cards issued under the provisions of the Private Detective,
26 Private Alarm, Private Security, Fingerprint Vendor, and

SB0077- 4 -LRB097 02758 RLC 42780 b
1 Locksmith Act of 2004. Such firearm control card shall be
2 carried by the security guard at all times when he or she
3 is in possession of a concealable weapon.
4 (7) Agents and investigators of the Illinois
5 Legislative Investigating Commission authorized by the
6 Commission to carry the weapons specified in subsections
7 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8 any investigation for the Commission.
9 (8) Persons employed by a financial institution for the
10 protection of other employees and property related to such
11 financial institution, while actually engaged in the
12 performance of their duties, commuting between their homes
13 and places of employment, or traveling between sites or
14 properties owned or operated by such financial
15 institution, provided that any person so employed has
16 successfully completed a course of study, approved by and
17 supervised by the Department of Professional Regulation,
18 consisting of not less than 40 hours of training which
19 includes theory of law enforcement, liability for acts, and
20 the handling of weapons. A person shall be considered to be
21 eligible for this exemption if he or she has completed the
22 required 20 hours of training for a security officer and 20
23 hours of required firearm training, and has been issued a
24 firearm control card by the Department of Professional
25 Regulation. Conditions for renewal of firearm control
26 cards issued under the provisions of this Section shall be

SB0077- 5 -LRB097 02758 RLC 42780 b
1 the same as for those issued under the provisions of the
2 Private Detective, Private Alarm, Private Security,
3 Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4 control card shall be carried by the person so trained at
5 all times when such person is in possession of a
6 concealable weapon. For purposes of this subsection,
7 "financial institution" means a bank, savings and loan
8 association, credit union or company providing armored car
9 services.
10 (9) Any person employed by an armored car company to
11 drive an armored car, while actually engaged in the
12 performance of his duties.
13 (10) Persons who have been classified as peace officers
14 pursuant to the Peace Officer Fire Investigation Act.
15 (11) Investigators of the Office of the State's
16 Attorneys Appellate Prosecutor authorized by the board of
17 governors of the Office of the State's Attorneys Appellate
18 Prosecutor to carry weapons pursuant to Section 7.06 of the
19 State's Attorneys Appellate Prosecutor's Act.
20 (12) Special investigators appointed by a State's
21 Attorney under Section 3-9005 of the Counties Code.
22 (12.5) Probation officers while in the performance of
23 their duties, or while commuting between their homes,
24 places of employment or specific locations that are part of
25 their assigned duties, with the consent of the chief judge
26 of the circuit for which they are employed.

SB0077- 6 -LRB097 02758 RLC 42780 b
1 (13) Court Security Officers while in the performance
2 of their official duties, or while commuting between their
3 homes and places of employment, with the consent of the
4 Sheriff.
5 (13.5) A person employed as an armed security guard at
6 a nuclear energy, storage, weapons or development site or
7 facility regulated by the Nuclear Regulatory Commission
8 who has completed the background screening and training
9 mandated by the rules and regulations of the Nuclear
10 Regulatory Commission.
11 (14) Manufacture, transportation, or sale of weapons
12 to persons authorized under subdivisions (1) through
13 (13.5) of this subsection to possess those weapons.
14 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16 (1) Members of any club or organization organized for
17 the purpose of practicing shooting at targets upon
18 established target ranges, whether public or private, and
19 patrons of such ranges, while such members or patrons are
20 using their firearms on those target ranges.
21 (2) Duly authorized military or civil organizations
22 while parading, with the special permission of the
23 Governor.
24 (3) Hunters, trappers or fishermen with a license or
25 permit while engaged in hunting, trapping or fishing.
26 (4) Transportation of weapons that are broken down in a

SB0077- 7 -LRB097 02758 RLC 42780 b
1 non-functioning state or are not immediately accessible.
2 (5) Carrying or possessing any pistol, revolver, stun
3 gun or taser or other firearm on the land or in the legal
4 dwelling of another person as an invitee with that person's
5 permission.
6 (c) Subsection 24-1(a)(7) does not apply to or affect any
7of the following:
8 (1) Peace officers while in performance of their
9 official duties.
10 (2) Wardens, superintendents and keepers of prisons,
11 penitentiaries, jails and other institutions for the
12 detention of persons accused or convicted of an offense.
13 (3) Members of the Armed Services or Reserve Forces of
14 the United States or the Illinois National Guard, while in
15 the performance of their official duty.
16 (4) Manufacture, transportation, or sale of machine
17 guns to persons authorized under subdivisions (1) through
18 (3) of this subsection to possess machine guns, if the
19 machine guns are broken down in a non-functioning state or
20 are not immediately accessible.
21 (5) Persons licensed under federal law to manufacture
22 any weapon from which 8 or more shots or bullets can be
23 discharged by a single function of the firing device, or
24 ammunition for such weapons, and actually engaged in the
25 business of manufacturing such weapons or ammunition, but
26 only with respect to activities which are within the lawful

SB0077- 8 -LRB097 02758 RLC 42780 b
1 scope of such business, such as the manufacture,
2 transportation, or testing of such weapons or ammunition.
3 This exemption does not authorize the general private
4 possession of any weapon from which 8 or more shots or
5 bullets can be discharged by a single function of the
6 firing device, but only such possession and activities as
7 are within the lawful scope of a licensed manufacturing
8 business described in this paragraph.
9 During transportation, such weapons shall be broken
10 down in a non-functioning state or not immediately
11 accessible.
12 (6) The manufacture, transport, testing, delivery,
13 transfer or sale, and all lawful commercial or experimental
14 activities necessary thereto, of rifles, shotguns, and
15 weapons made from rifles or shotguns, or ammunition for
16 such rifles, shotguns or weapons, where engaged in by a
17 person operating as a contractor or subcontractor pursuant
18 to a contract or subcontract for the development and supply
19 of such rifles, shotguns, weapons or ammunition to the
20 United States government or any branch of the Armed Forces
21 of the United States, when such activities are necessary
22 and incident to fulfilling the terms of such contract.
23 The exemption granted under this subdivision (c)(6)
24 shall also apply to any authorized agent of any such
25 contractor or subcontractor who is operating within the
26 scope of his employment, where such activities involving

SB0077- 9 -LRB097 02758 RLC 42780 b
1 such weapon, weapons or ammunition are necessary and
2 incident to fulfilling the terms of such contract.
3 During transportation, any such weapon shall be broken
4 down in a non-functioning state, or not immediately
5 accessible.
6 (7) An active member of a bona fide, nationally
7 recognized military re-enacting group possessing a vintage
8 rifle or modern reproduction thereof with a barrel or
9 barrels less than 16 inches in length for the purpose of
10 using the rifle during historical re-enactments if: (A) the
11 modification is required and necessary to accurately
12 portray the weapon for historical re-enactment purposes;
13 the re-enactor is in possession of a valid and current
14 re-enacting group membership credential; and the overall
15 length of the weapon as modified is not less than 26
16 inches; or (B) the person has been issued a Curios and
17 Relics license from the U.S. Bureau of Alcohol, Tobacco,
18 Firearms and Explosives.
19 During transportation, any such weapon shall be broken
20 down in a non-functioning state, or not immediately
21 accessible.
22 (d) Subsection 24-1(a)(1) does not apply to the purchase,
23possession or carrying of a black-jack or slung-shot by a peace
24officer.
25 (e) Subsection 24-1(a)(8) does not apply to any owner,
26manager or authorized employee of any place specified in that

SB0077- 10 -LRB097 02758 RLC 42780 b
1subsection nor to any law enforcement officer.
2 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
3Section 24-1.6 do not apply to members of any club or
4organization organized for the purpose of practicing shooting
5at targets upon established target ranges, whether public or
6private, while using their firearms on those target ranges.
7 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
8to:
9 (1) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard, while in
11 the performance of their official duty.
12 (2) Bonafide collectors of antique or surplus military
13 ordinance.
14 (3) Laboratories having a department of forensic
15 ballistics, or specializing in the development of
16 ammunition or explosive ordinance.
17 (4) Commerce, preparation, assembly or possession of
18 explosive bullets by manufacturers of ammunition licensed
19 by the federal government, in connection with the supply of
20 those organizations and persons exempted by subdivision
21 (g)(1) of this Section, or like organizations and persons
22 outside this State, or the transportation of explosive
23 bullets to any organization or person exempted in this
24 Section by a common carrier or by a vehicle owned or leased
25 by an exempted manufacturer.
26 (g-5) Subsection 24-1(a)(6) does not apply to or affect

SB0077- 11 -LRB097 02758 RLC 42780 b
1persons licensed under federal law to manufacture any device or
2attachment of any kind designed, used, or intended for use in
3silencing the report of any firearm, firearms, or ammunition
4for those firearms equipped with those devices, and actually
5engaged in the business of manufacturing those devices,
6firearms, or ammunition, but only with respect to activities
7that are within the lawful scope of that business, such as the
8manufacture, transportation, or testing of those devices,
9firearms, or ammunition. This exemption does not authorize the
10general private possession of any device or attachment of any
11kind designed, used, or intended for use in silencing the
12report of any firearm, but only such possession and activities
13as are within the lawful scope of a licensed manufacturing
14business described in this subsection (g-5). During
15transportation, those devices shall be detached from any weapon
16or not immediately accessible.
17 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any parole agent or parole
19supervisor who meets the qualifications and conditions
20prescribed in Section 3-14-1.5 of the Unified Code of
21Corrections.
22 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
24athlete's possession, transport on official Olympic and
25Paralympic transit systems established for athletes, or use of
26competition firearms sanctioned by the International Olympic

SB0077- 12 -LRB097 02758 RLC 42780 b
1Committee, the International Paralympic Committee, the
2International Shooting Sport Federation, or USA Shooting in
3connection with such athlete's training for and participation
4in shooting competitions at the 2016 Olympic and Paralympic
5Games and sanctioned test events leading up to the 2016 Olympic
6and Paralympic Games.
7 (h) An information or indictment based upon a violation of
8any subsection of this Article need not negative any exemptions
9contained in this Article. The defendant shall have the burden
10of proving such an exemption.
11 (i) Nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession, of any
13pistol or revolver, stun gun, taser, or other firearm consigned
14to a common carrier operating under license of the State of
15Illinois or the federal government, where such transportation,
16carrying, or possession is incident to the lawful
17transportation in which such common carrier is engaged; and
18nothing in this Article shall prohibit, apply to, or affect the
19transportation, carrying, or possession of any pistol,
20revolver, stun gun, taser, or other firearm, not the subject of
21and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
22this Article, which is unloaded and enclosed in a case, firearm
23carrying box, shipping box, or other container, by the
24possessor of a valid Firearm Owners Identification Card.
25(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
2695-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;

SB0077- 13 -LRB097 02758 RLC 42780 b
196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
feedback