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92_SB0652
LRB9201548ARsbA
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 24-1, 24-1.6, and 24-2 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful Use of Weapons.
8 (a) A person commits the offense of unlawful use of
9 weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles, throwing star, or any knife,
13 commonly referred to as a switchblade knife, which has a
14 blade that opens automatically by hand pressure applied
15 to a button, spring or other device in the handle of the
16 knife, or a ballistic knife, which is a device that
17 propels a knifelike blade as a projectile by means of a
18 coil spring, elastic material or compressed gas; or
19 (2) Carries or possesses with intent to use the
20 same unlawfully against another, a dagger, dirk, billy,
21 dangerous knife, razor, stiletto, broken bottle or other
22 piece of glass, stun gun or taser or any other dangerous
23 or deadly weapon or instrument of like character; or
24 (3) Carries on or about his person or in any
25 vehicle, a tear gas gun projector or bomb or any object
26 containing noxious liquid gas or substance, other than an
27 object containing a non-lethal noxious liquid gas or
28 substance designed solely for personal defense carried by
29 a person 18 years of age or older; or
30 (4) Carries or possesses in any vehicle or
31 concealed on or about his person except when on his land
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1 or in his own abode or fixed place of business any
2 pistol, revolver, stun gun or taser or other firearm,
3 except that this subsection (a) (4) does not apply to or
4 affect transportation of weapons if that meet one of the
5 following conditions:
6 (i) the weapon is are broken down in a
7 non-functioning state; or
8 (ii) the weapon is are not immediately
9 accessible; or
10 (iii) the weapon is are unloaded and enclosed
11 in a case, firearm carrying box, shipping box, or
12 other container by a person who has been issued a
13 currently valid Firearm Owner's Identification Card,
14 and the weapon is not in a case or other container
15 that is worn on or around or hung from a person's
16 waist or mid-section; or
17 (5) Sets a spring gun; or
18 (6) Possesses any device or attachment of any kind
19 designed, used or intended for use in silencing the
20 report of any firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for
24 the purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot
27 without manually reloading by a single function of
28 the trigger, including the frame or receiver of any
29 such weapon, or sells, manufactures, purchases,
30 possesses, or carries any combination of parts
31 designed or intended for use in converting any
32 weapon into a machine gun, or any combination or
33 parts from which a machine gun can be assembled if
34 such parts are in the possession or under the
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1 control of a person;
2 (ii) any rifle having one or more barrels less
3 than 16 inches in length or a shotgun having one or
4 more barrels less than 18 inches in length or any
5 weapon made from a rifle or shotgun, whether by
6 alteration, modification, or otherwise, if such a
7 weapon as modified has an overall length of less
8 than 26 inches; or
9 (iii) any bomb, bomb-shell, grenade, bottle or
10 other container containing an explosive substance of
11 over one-quarter ounce for like purposes, such as,
12 but not limited to, black powder bombs and Molotov
13 cocktails or artillery projectiles; or
14 (8) Carries or possesses any firearm, stun gun or
15 taser or other deadly weapon in any place which is
16 licensed to sell intoxicating beverages, or at any public
17 gathering held pursuant to a license issued by any
18 governmental body or any public gathering at which an
19 admission is charged, excluding a place where a showing,
20 demonstration or lecture involving the exhibition of
21 unloaded firearms is conducted.
22 This subsection (a)(8) does not apply to any auction
23 or raffle of a firearm held pursuant to a license or
24 permit issued by a governmental body, nor does it apply
25 to persons engaged in firearm safety training courses; or
26 (9) Carries or possesses in a vehicle or on or
27 about his person any pistol, revolver, stun gun or taser
28 or firearm or ballistic knife, when he is hooded, robed
29 or masked in such manner as to conceal his identity; or
30 (10) Carries or possesses on or about his person,
31 upon any public street, alley, or other public lands
32 within the corporate limits of a city, village or
33 incorporated town, except when an invitee thereon or
34 therein, for the purpose of the display of such weapon or
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1 the lawful commerce in weapons, or except when on his
2 land or in his own abode or fixed place of business, any
3 pistol, revolver, stun gun or taser or other firearm,
4 except that this subsection (a) (10) does not apply to or
5 affect transportation of a weapon if weapons that meet
6 one of the following conditions:
7 (i) the weapon is are broken down in a
8 non-functioning state; or
9 (ii) the weapon is are not immediately
10 accessible; or
11 (iii) the weapon is are unloaded and enclosed
12 in a case, firearm carrying box, shipping box, or
13 other container by a person who has been issued a
14 currently valid Firearm Owner's Identification Card,
15 and the weapon is not in a case or other container
16 that is worn on or around or hung from a person's
17 waist or mid-section.
18 A "stun gun or taser", as used in this paragraph (a)
19 means (i) any device which is powered by electrical
20 charging units, such as, batteries, and which fires one
21 or several barbs attached to a length of wire and which,
22 upon hitting a human, can send out a current capable of
23 disrupting the person's nervous system in such a manner
24 as to render him incapable of normal functioning or (ii)
25 any device which is powered by electrical charging units,
26 such as batteries, and which, upon contact with a human
27 or clothing worn by a human, can send out current capable
28 of disrupting the person's nervous system in such a
29 manner as to render him incapable of normal functioning;
30 or
31 (11) Sells, manufactures or purchases any explosive
32 bullet. For purposes of this paragraph (a) "explosive
33 bullet" means the projectile portion of an ammunition
34 cartridge which contains or carries an explosive charge
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1 which will explode upon contact with the flesh of a human
2 or an animal. "Cartridge" means a tubular metal case
3 having a projectile affixed at the front thereof and a
4 cap or primer at the rear end thereof, with the
5 propellant contained in such tube between the projectile
6 and the cap; or
7 (12) (Blank).
8 (b) Sentence. A person convicted of a violation of
9 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or
10 subsection 24-1(a)(11) commits a Class A misdemeanor. A
11 person convicted of a violation of subsection 24-1(a)(8) or
12 24-1(a)(9) commits a Class 4 felony; a person convicted of a
13 violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
14 commits a Class 3 felony. A person convicted of a violation
15 of subsection 24-1(a)(7)(i) commits a Class 2 felony, unless
16 the weapon is possessed in the passenger compartment of a
17 motor vehicle as defined in Section 1-146 of the Illinois
18 Vehicle Code, or on the person, while the weapon is loaded,
19 in which case it shall be a Class X felony. A person
20 convicted of a second or subsequent violation of subsection
21 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
22 Class 3 felony.
23 (c) Violations in specific places.
24 (1) A person who violates subsection 24-1(a)(6) or
25 24-1(a)(7) in any school, regardless of the time of day
26 or the time of year, in residential property owned,
27 operated or managed by a public housing agency or leased
28 by a public housing agency as part of a scattered site or
29 mixed-income development, in a public park, in a
30 courthouse, on the real property comprising any school,
31 regardless of the time of day or the time of year, on
32 residential property owned, operated or managed by a
33 public housing agency or leased by a public housing
34 agency as part of a scattered site or mixed-income
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1 development, on the real property comprising any public
2 park, on the real property comprising any courthouse, in
3 any conveyance owned, leased or contracted by a school to
4 transport students to or from school or a school related
5 activity, or on any public way within 1,000 feet of the
6 real property comprising any school, public park,
7 courthouse, or residential property owned, operated, or
8 managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or
10 mixed-income development commits a Class 2 felony.
11 (1.5) A person who violates subsection 24-1(a)(4),
12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
13 the time of day or the time of year, in residential
14 property owned, operated, or managed by a public housing
15 agency or leased by a public housing agency as part of a
16 scattered site or mixed-income development, in a public
17 park, in a courthouse, on the real property comprising
18 any school, regardless of the time of day or the time of
19 year, on residential property owned, operated, or managed
20 by a public housing agency or leased by a public housing
21 agency as part of a scattered site or mixed-income
22 development, on the real property comprising any public
23 park, on the real property comprising any courthouse, in
24 any conveyance owned, leased, or contracted by a school
25 to transport students to or from school or a school
26 related activity, or on any public way within 1,000 feet
27 of the real property comprising any school, public park,
28 courthouse, or residential property owned, operated, or
29 managed by a public housing agency or leased by a public
30 housing agency as part of a scattered site or
31 mixed-income development commits a Class 3 felony.
32 (2) A person who violates subsection 24-1(a)(1),
33 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
34 the time of day or the time of year, in residential
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1 property owned, operated or managed by a public housing
2 agency or leased by a public housing agency as part of a
3 scattered site or mixed-income development, in a public
4 park, in a courthouse, on the real property comprising
5 any school, regardless of the time of day or the time of
6 year, on residential property owned, operated or managed
7 by a public housing agency or leased by a public housing
8 agency as part of a scattered site or mixed-income
9 development, on the real property comprising any public
10 park, on the real property comprising any courthouse, in
11 any conveyance owned, leased or contracted by a school to
12 transport students to or from school or a school related
13 activity, or on any public way within 1,000 feet of the
14 real property comprising any school, public park,
15 courthouse, or residential property owned, operated, or
16 managed by a public housing agency or leased by a public
17 housing agency as part of a scattered site or
18 mixed-income development commits a Class 4 felony.
19 "Courthouse" means any building that is used by the
20 Circuit, Appellate, or Supreme Court of this State for
21 the conduct of official business.
22 (3) Paragraphs (1), (1.5), and (2) of this
23 subsection (c) shall not apply to law enforcement
24 officers or security officers of such school, college, or
25 university or to students carrying or possessing firearms
26 for use in training courses, parades, hunting, target
27 shooting on school ranges, or otherwise with the consent
28 of school authorities and which firearms are transported
29 unloaded enclosed in a suitable case, box, or
30 transportation package.
31 (4) For the purposes of this subsection (c),
32 "school" means any public or private elementary or
33 secondary school, community college, college, or
34 university.
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1 (d) The presence in an automobile other than a public
2 omnibus of any weapon, instrument or substance referred to in
3 subsection (a)(7) is prima facie evidence that it is in the
4 possession of, and is being carried by, all persons occupying
5 such automobile at the time such weapon, instrument or
6 substance is found, except under the following circumstances:
7 (i) if such weapon, instrument or instrumentality is found
8 upon the person of one of the occupants therein; or (ii) if
9 such weapon, instrument or substance is found in an
10 automobile operated for hire by a duly licensed driver in the
11 due, lawful and proper pursuit of his trade, then such
12 presumption shall not apply to the driver.
13 (e) Exemptions. Crossbows, Common or Compound bows and
14 Underwater Spearguns are exempted from the definition of
15 ballistic knife as defined in paragraph (1) of subsection (a)
16 of this Section.
17 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99;
18 91-690, eff. 4-13-00.)
19 (720 ILCS 5/24-1.6)
20 Sec. 24-1.6. Aggravated unlawful use of a weapon.
21 (a) A person commits the offense of aggravated unlawful
22 use of a weapon when he or she knowingly:
23 (1) Carries on or about his or her person or in any
24 vehicle or concealed on or about his or her person except
25 when on his or her land or in his or her abode or fixed
26 place of business any pistol, revolver, stun gun or taser
27 or other firearm; or
28 (2) Carries or possesses on or about his or her
29 person, upon any public street, alley, or other public
30 lands within the corporate limits of a city, village or
31 incorporated town, except when an invitee thereon or
32 therein, for the purpose of the display of such weapon or
33 the lawful commerce in weapons, or except when on his or
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1 her own land or in his or her own abode or fixed place of
2 business, any pistol, revolver, stun gun or taser or
3 other firearm; and
4 (3) One of the following factors is present:
5 (A) the firearm possessed was uncased, loaded
6 and immediately accessible at the time of the
7 offense; or
8 (B) the firearm possessed was uncased,
9 unloaded and the ammunition for the weapon was
10 immediately accessible at the time of the offense;
11 or
12 (C) the person possessing the firearm has not
13 been issued a currently valid Firearm Owner's
14 Identification Card; or
15 (D) the person possessing the weapon was
16 previously adjudicated a delinquent minor under the
17 Juvenile Court Act of 1987 for an act that if
18 committed by an adult would be a felony; or
19 (E) the person possessing the weapon was
20 engaged in a misdemeanor violation of the Cannabis
21 Control Act or in a misdemeanor violation of the
22 Illinois Controlled Substances Act; or
23 (F) the person possessing the weapon is a
24 member of a street gang or is engaged in street gang
25 related activity, as defined in Section 10 of the
26 Illinois Streetgang Terrorism Omnibus Prevention
27 Act; or
28 (G) the person possessing the weapon had a
29 order of protection issued against him or her within
30 the previous 2 years; or
31 (H) the person possessing the weapon was
32 engaged in the commission or attempted commission of
33 a misdemeanor involving the use or threat of
34 violence against the person or property of another;
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1 or
2 (I) the person possessing the weapon was under
3 21 years of age and in possession of a handgun as
4 defined in Section 24-3, unless the person under 21
5 is engaged in lawful activities under the Wildlife
6 Code or described in subsection 24-2(b)(1), (b)(3),
7 or 24-2(f).
8 (b) "Stun gun or taser" as used in this Section has the
9 same definition given to it in Section 24-1 of this Code.
10 (c) This Section does not apply to or affect the
11 transportation or possession of a weapon if weapons that:
12 (i) the weapon is are broken down in a
13 non-functioning state; or
14 (ii) the weapon is are not immediately
15 accessible; or
16 (iii) the weapon is are unloaded and enclosed
17 in a case, firearm carrying box, shipping box, or
18 other container by a person who has been issued a
19 currently valid Firearm Owner's Identification Card,
20 and the weapon is not in a case or other container
21 that is worn on or around or hung from a person's
22 waist or mid-section.
23 (d) Sentence. Aggravated unlawful use of a weapon is a
24 Class 4 felony; a second or subsequent offense is a Class 2
25 felony. Aggravated unlawful use of a weapon by a person who
26 has been previously convicted of a felony in this State or
27 another jurisdiction is a Class 2 felony.
28 (Source: P.A. 91-690, eff. 4-13-00.)
29 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
30 Sec. 24-2. Exemptions.
31 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
32 and Section 24-1.6 do not apply to or affect any of the
33 following:
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1 (1) Peace officers, and any person summoned by a
2 peace officer to assist in making arrests or preserving
3 the peace, while actually engaged in assisting such
4 officer.
5 (2) Wardens, superintendents and keepers of
6 prisons, penitentiaries, jails and other institutions for
7 the detention of persons accused or convicted of an
8 offense, while in the performance of their official duty,
9 or while commuting between their homes and places of
10 employment.
11 (3) Members of the Armed Services or Reserve Forces
12 of the United States or the Illinois National Guard or
13 the Reserve Officers Training Corps, while in the
14 performance of their official duty.
15 (4) Special agents employed by a railroad or a
16 public utility to perform police functions, and guards of
17 armored car companies, while actually engaged in the
18 performance of the duties of their employment or
19 commuting between their homes and places of employment;
20 and watchmen while actually engaged in the performance of
21 the duties of their employment.
22 (5) Persons licensed as private security
23 contractors, private detectives, or private alarm
24 contractors, or employed by an agency certified by the
25 Department of Professional Regulation, if their duties
26 include the carrying of a weapon under the provisions of
27 the Private Detective, Private Alarm, and Private
28 Security Act of 1983, while actually engaged in the
29 performance of the duties of their employment or
30 commuting between their homes and places of employment,
31 provided that such commuting is accomplished within one
32 hour from departure from home or place of employment, as
33 the case may be. Persons exempted under this subdivision
34 (a)(5) shall be required to have completed a course of
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1 study in firearms handling and training approved and
2 supervised by the Department of Professional Regulation
3 as prescribed by Section 28 of the Private Detective,
4 Private Alarm, and Private Security Act of 1983, prior to
5 becoming eligible for this exemption. The Department of
6 Professional Regulation shall provide suitable
7 documentation demonstrating the successful completion of
8 the prescribed firearms training. Such documentation
9 shall be carried at all times when such persons are in
10 possession of a concealable weapon.
11 (6) Any person regularly employed in a commercial
12 or industrial operation as a security guard for the
13 protection of persons employed and private property
14 related to such commercial or industrial operation, while
15 actually engaged in the performance of his or her duty or
16 traveling between sites or properties belonging to the
17 employer, and who, as a security guard, is a member of a
18 security force of at least 5 persons registered with the
19 Department of Professional Regulation; provided that such
20 security guard has successfully completed a course of
21 study, approved by and supervised by the Department of
22 Professional Regulation, consisting of not less than 40
23 hours of training that includes the theory of law
24 enforcement, liability for acts, and the handling of
25 weapons. A person shall be considered eligible for this
26 exemption if he or she has completed the required 20
27 hours of training for a security officer and 20 hours of
28 required firearm training, and has been issued a firearm
29 authorization card by the Department of Professional
30 Regulation. Conditions for the renewal of firearm
31 authorization cards issued under the provisions of this
32 Section shall be the same as for those cards issued under
33 the provisions of the Private Detective, Private Alarm
34 and Private Security Act of 1983. Such firearm
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1 authorization card shall be carried by the security guard
2 at all times when he or she is in possession of a
3 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
10 the protection of other employees and property related to
11 such financial institution, while actually engaged in the
12 performance of their duties, commuting between their
13 homes and places of employment, or traveling between
14 sites or 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,
20 and the handling of weapons. A person shall be considered
21 to be eligible for this exemption if he or she has
22 completed the required 20 hours of training for a
23 security officer and 20 hours of required firearm
24 training, and has been issued a firearm authorization
25 card by the Department of Professional Regulation.
26 Conditions for renewal of firearm authorization cards
27 issued under the provisions of this Section shall be the
28 same as for those issued under the provisions of the
29 Private Detective, Private Alarm and Private Security Act
30 of 1983. Such firearm authorization card shall be
31 carried by the person so trained at all times when such
32 person is in possession of a concealable weapon. For
33 purposes of this subsection, "financial institution"
34 means a bank, savings and loan association, credit union
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1 or company providing armored car services.
2 (9) Any person employed by an armored car company
3 to drive an armored car, while actually engaged in the
4 performance of his duties.
5 (10) Persons who have been classified as peace
6 officers pursuant to the Peace Officer Fire Investigation
7 Act.
8 (11) Investigators of the Office of the State's
9 Attorneys Appellate Prosecutor authorized by the board of
10 governors of the Office of the State's Attorneys
11 Appellate Prosecutor to carry weapons pursuant to Section
12 7.06 of the State's Attorneys Appellate Prosecutor's Act.
13 (12) Special investigators appointed by a State's
14 Attorney under Section 3-9005 of the Counties Code.
15 (13) Court Security Officers while in the
16 performance of their official duties, or while commuting
17 between their homes and places of employment, with the
18 consent of the Sheriff.
19 (13.5) A person employed as an armed security guard
20 at a nuclear energy, storage, weapons or development site
21 or facility regulated by the Nuclear Regulatory
22 Commission who has completed the background screening and
23 training mandated by the rules and regulations of the
24 Nuclear Regulatory Commission.
25 (14) Manufacture, transportation, or sale of
26 weapons to persons authorized under subdivisions (1)
27 through (13.5) of this subsection to possess those
28 weapons.
29 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
30 24-1.6 do not apply to or affect any of the following:
31 (1) Members of any club or organization organized
32 for the purpose of practicing shooting at targets upon
33 established target ranges, whether public or private, and
34 patrons of such ranges, while such members or patrons are
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1 using their firearms on those target ranges.
2 (2) Duly authorized military or civil organizations
3 while parading, with the special permission of the
4 Governor.
5 (3) Licensed hunters, trappers or fishermen while
6 engaged in hunting, trapping or fishing.
7 (4) Transportation of weapons that are broken down
8 in a non-functioning state or are not immediately
9 accessible.
10 (c) Subsection 24-1(a)(7) does not apply to or affect
11 any of the following:
12 (1) Peace officers while in performance of their
13 official duties.
14 (2) Wardens, superintendents and keepers of
15 prisons, penitentiaries, jails and other institutions for
16 the detention of persons accused or convicted of an
17 offense.
18 (3) Members of the Armed Services or Reserve Forces
19 of the United States or the Illinois National Guard,
20 while in the performance of their official duty.
21 (4) Manufacture, transportation, or sale of machine
22 guns to persons authorized under subdivisions (1) through
23 (3) of this subsection to possess machine guns, if the
24 machine guns are broken down in a non-functioning state
25 or are not immediately accessible.
26 (5) Persons licensed under federal law to
27 manufacture any weapon from which 8 or more shots or
28 bullets can be discharged by a single function of the
29 firing device, or ammunition for such weapons, and
30 actually engaged in the business of manufacturing such
31 weapons or ammunition, but only with respect to
32 activities which are within the lawful scope of such
33 business, such as the manufacture, transportation, or
34 testing of such weapons or ammunition. This exemption
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1 does not authorize the general private possession of any
2 weapon from which 8 or more shots or bullets can be
3 discharged by a single function of the firing device, but
4 only such possession and activities as are within the
5 lawful scope of a licensed manufacturing business
6 described in this paragraph.
7 During transportation, such weapons shall be broken
8 down in a non-functioning state or not immediately
9 accessible.
10 (6) The manufacture, transport, testing, delivery,
11 transfer or sale, and all lawful commercial or
12 experimental activities necessary thereto, of rifles,
13 shotguns, and weapons made from rifles or shotguns, or
14 ammunition for such rifles, shotguns or weapons, where
15 engaged in by a person operating as a contractor or
16 subcontractor pursuant to a contract or subcontract for
17 the development and supply of such rifles, shotguns,
18 weapons or ammunition to the United States government or
19 any branch of the Armed Forces of the United States, when
20 such activities are necessary and incident to fulfilling
21 the terms of such contract.
22 The exemption granted under this subdivision (c)(6)
23 shall also apply to any authorized agent of any such
24 contractor or subcontractor who is operating within the
25 scope of his employment, where such activities involving
26 such weapon, weapons or ammunition are necessary and
27 incident to fulfilling the terms of such contract.
28 During transportation, any such weapon shall be
29 broken down in a non-functioning state, or not
30 immediately accessible.
31 (d) Subsection 24-1(a)(1) does not apply to the
32 purchase, possession or carrying of a black-jack or
33 slung-shot by a peace officer.
34 (e) Subsection 24-1(a)(8) does not apply to any owner,
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1 manager or authorized employee of any place specified in that
2 subsection nor to any law enforcement officer.
3 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
4 Section 24-1.6 do not apply to members of any club or
5 organization organized for the purpose of practicing shooting
6 at targets upon established target ranges, whether public or
7 private, while using their firearms on those target ranges.
8 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
9 apply to:
10 (1) Members of the Armed Services or Reserve Forces
11 of the United States or the Illinois National Guard,
12 while in the performance of their official duty.
13 (2) Bonafide collectors of antique or surplus
14 military ordinance.
15 (3) Laboratories having a department of forensic
16 ballistics, or specializing in the development of
17 ammunition or explosive ordinance.
18 (4) Commerce, preparation, assembly or possession
19 of explosive bullets by manufacturers of ammunition
20 licensed by the federal government, in connection with
21 the supply of those organizations and persons exempted by
22 subdivision (g)(1) of this Section, or like organizations
23 and persons outside this State, or the transportation of
24 explosive bullets to any organization or person exempted
25 in this Section by a common carrier or by a vehicle owned
26 or leased by an exempted manufacturer.
27 (h) An information or indictment based upon a violation
28 of any subsection of this Article need not negative any
29 exemptions contained in this Article. The defendant shall
30 have the burden of proving such an exemption.
31 (i) Nothing in this Article shall prohibit, apply to, or
32 affect the transportation, carrying, or possession, of any
33 pistol or revolver, stun gun, taser, or other firearm
34 consigned to a common carrier operating under license of the
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1 State of Illinois or the federal government, where such
2 transportation, carrying, or possession is incident to the
3 lawful transportation in which such common carrier is
4 engaged; and nothing in this Article shall prohibit, apply
5 to, or affect the transportation, carrying, or possession of
6 any pistol, revolver, stun gun, taser, or other firearm, not
7 the subject of and regulated by subsection 24-1(a)(7) or
8 subsection 24-2(c) of this Article, which is unloaded and
9 enclosed in a case, firearm carrying box, shipping box, or
10 other container, by the possessor of a valid Firearm Owners
11 Identification Card.
12 (j) This Article does not prohibit, apply to, or affect
13 the transportation, carrying, or possession of any pistol,
14 revolver, stun gun, taser, or other firearm, not the subject
15 of and regulated by subsection 24-1(a)(7) or subsection
16 24-2(c) of this Article if:
17 (1) the pistol, revolver, stun gun, taser, or other
18 firearm is unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by the
20 possessor of a valid Firearm Owner's Identification Card;
21 and
22 (2) the pistol, revolver, stun gun, taser, or other
23 firearm is not in a case or other container that is worn
24 on or around or hung from a person's waist or
25 mid-section.
26 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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