Bill Text: IL HB4112 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that it is a violation of the unlawful use of weapons statute to knowingly import, sell, manufacture, transfer, or possess, in this State, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semi-automatic rifle but does not convert the semi-automatic rifle into a machine gun. Provides that a person who violates this provision commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the trigger crank, bump-fire device, part, combination of parts, component, device, attachment, or accessory is attached to a semi-automatic rifle and possessed in the passenger compartment of a motor vehicle, or on the person, while the rifle is loaded, in which case it shall be a Class X felony. Provides exemptions. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4112 Detail]

Download: Illinois-2017-HB4112-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4112

Introduced , by Rep. Scott Drury

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

Amends the Criminal Code of 2012. Provides that it is a violation of the unlawful use of weapons statute to knowingly import, sell, manufacture, transfer, or possess, in this State, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semi-automatic rifle but does not convert the semi-automatic rifle into a machine gun. Provides that a person who violates this provision commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the trigger crank, bump-fire device, part, combination of parts, component, device, attachment, or accessory is attached to a semi-automatic rifle and possessed in the passenger compartment of a motor vehicle, or on the person, while the rifle is loaded, in which case it shall be a Class X felony. Provides exemptions. Effective immediately.
LRB100 15043 RLC 29873 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB4112LRB100 15043 RLC 29873 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1 and 24-2 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons.
8 (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles or other knuckle weapon
13 regardless of its composition, throwing star, or any knife,
14 commonly referred to as a switchblade knife, which has a
15 blade that opens automatically by hand pressure applied to
16 a button, spring or other device in the handle of the
17 knife, or a ballistic knife, which is a device that propels
18 a knifelike blade as a projectile by means of a coil
19 spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the same
21 unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous or

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

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

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

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

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1 disrupting the person's nervous system in such a manner as
2 to render him incapable of normal functioning; or
3 (11) Sells, manufactures or purchases any explosive
4 bullet. For purposes of this paragraph (a) "explosive
5 bullet" means the projectile portion of an ammunition
6 cartridge which contains or carries an explosive charge
7 which will explode upon contact with the flesh of a human
8 or an animal. "Cartridge" means a tubular metal case having
9 a projectile affixed at the front thereof and a cap or
10 primer at the rear end thereof, with the propellant
11 contained in such tube between the projectile and the cap;
12 or
13 (12) (Blank); or
14 (13) Carries or possesses on or about his or her person
15 while in a building occupied by a unit of government, a
16 billy club, other weapon of like character, or other
17 instrument of like character intended for use as a weapon.
18 For the purposes of this Section, "billy club" means a
19 short stick or club commonly carried by police officers
20 which is either telescopic or constructed of a solid piece
21 of wood or other man-made material; or .
22 (14) Imports, sells, manufactures, transfers, or
23 possesses, in this State, a trigger crank, a bump-fire
24 device, or any part, combination of parts, component,
25 device, attachment, or accessory that is designed or
26 functions to accelerate the rate of fire of a

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1 semi-automatic rifle but does not convert the
2 semi-automatic rifle into a machine gun.
3 (b) Sentence. A person convicted of a violation of
4subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
6Class A misdemeanor. A person convicted of a violation of
7subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
8person convicted of a violation of subsection 24-1(a)(6) or
924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
10convicted of a violation of subsection 24-1(a)(7)(i) commits a
11Class 2 felony and shall be sentenced to a term of imprisonment
12of not less than 3 years and not more than 7 years, unless the
13weapon is possessed in the passenger compartment of a motor
14vehicle as defined in Section 1-146 of the Illinois Vehicle
15Code, or on the person, while the weapon is loaded, in which
16case it shall be a Class X felony. A person convicted of a
17violation of subsection 24-1(a)(14) commits a Class 2 felony
18and shall be sentenced to a term of imprisonment of not less
19than 3 years and not more than 7 years, unless the trigger
20crank, bump-fire device, part, combination of parts,
21component, device, attachment, or accessory is attached to a
22semi-automatic rifle and possessed in the passenger
23compartment of a motor vehicle as defined in Section 1-146 of
24the Illinois Vehicle Code, or on the person, while the rifle is
25loaded, in which case it shall be a Class X felony. A person
26convicted of a second or subsequent violation of subsection

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124-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
2Class 3 felony. The possession of each weapon in violation of
3this Section constitutes a single and separate violation.
4 (c) Violations in specific places.
5 (1) A person who violates subsection 24-1(a)(6) or
6 24-1(a)(7) in any school, regardless of the time of day or
7 the time of year, in residential property owned, operated
8 or managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or mixed-income
10 development, in a public park, in a courthouse, on the real
11 property comprising any school, regardless of the time of
12 day or the time of year, on residential property owned,
13 operated or managed by a public housing agency or leased by
14 a public housing agency as part of a scattered site or
15 mixed-income development, on the real property comprising
16 any public park, on the real property comprising any
17 courthouse, in any conveyance owned, leased or contracted
18 by a school to transport students to or from school or a
19 school related activity, in any conveyance owned, leased,
20 or contracted by a public transportation agency, or on any
21 public way within 1,000 feet of the real property
22 comprising any school, public park, courthouse, public
23 transportation facility, or residential property owned,
24 operated, or managed by a public housing agency or leased
25 by a public housing agency as part of a scattered site or
26 mixed-income development commits a Class 2 felony and shall

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

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1 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
2 time of day or the time of year, in residential property
3 owned, operated or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development, in a public park, in a
6 courthouse, on the real property comprising any school,
7 regardless of the time of day or the time of year, on
8 residential property owned, operated or managed by a public
9 housing agency or leased by a public housing agency as part
10 of a scattered site or mixed-income development, on the
11 real property comprising any public park, on the real
12 property comprising any courthouse, in any conveyance
13 owned, leased or contracted by a school to transport
14 students to or from school or a school related activity, in
15 any conveyance owned, leased, or contracted by a public
16 transportation agency, or on any public way within 1,000
17 feet of the real property comprising any school, public
18 park, courthouse, public transportation facility, or
19 residential property owned, operated, or managed by a
20 public housing agency or leased by a public housing agency
21 as part of a scattered site or mixed-income development
22 commits a Class 4 felony. "Courthouse" means any building
23 that is used by the Circuit, Appellate, or Supreme Court of
24 this State for the conduct of official business.
25 (3) Paragraphs (1), (1.5), and (2) of this subsection
26 (c) shall not apply to law enforcement officers or security

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1 officers of such school, college, or university or to
2 students carrying or possessing firearms for use in
3 training courses, parades, hunting, target shooting on
4 school ranges, or otherwise with the consent of school
5 authorities and which firearms are transported unloaded
6 enclosed in a suitable case, box, or transportation
7 package.
8 (4) For the purposes of this subsection (c), "school"
9 means any public or private elementary or secondary school,
10 community college, college, or university.
11 (5) For the purposes of this subsection (c), "public
12 transportation agency" means a public or private agency
13 that provides for the transportation or conveyance of
14 persons by means available to the general public, except
15 for transportation by automobiles not used for conveyance
16 of the general public as passengers; and "public
17 transportation facility" means a terminal or other place
18 where one may obtain public transportation.
19 (d) The presence in an automobile other than a public
20omnibus of any weapon, instrument or substance referred to in
21subsection (a)(7) is prima facie evidence that it is in the
22possession of, and is being carried by, all persons occupying
23such automobile at the time such weapon, instrument or
24substance is found, except under the following circumstances:
25(i) if such weapon, instrument or instrumentality is found upon
26the person of one of the occupants therein; or (ii) if such

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1weapon, instrument or substance is found in an automobile
2operated for hire by a duly licensed driver in the due, lawful
3and proper pursuit of his trade, then such presumption shall
4not apply to the driver.
5 (e) Exemptions.
6 (1) Crossbows, Common or Compound bows and Underwater
7 Spearguns are exempted from the definition of ballistic
8 knife as defined in paragraph (1) of subsection (a) of this
9 Section.
10 (2) The provision of paragraph (1) of subsection (a) of
11 this Section prohibiting the sale, manufacture, purchase,
12 possession, or carrying of any knife, commonly referred to
13 as a switchblade knife, which has a blade that opens
14 automatically by hand pressure applied to a button, spring
15 or other device in the handle of the knife, does not apply
16 to a person who possesses a currently valid Firearm Owner's
17 Identification Card previously issued in his or her name by
18 the Department of State Police or to a person or an entity
19 engaged in the business of selling or manufacturing
20 switchblade knives.
21(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
22 (720 ILCS 5/24-2)
23 Sec. 24-2. Exemptions.
24 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2524-1(a)(13) and Section 24-1.6 do not apply to or affect any of

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

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

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

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

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

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1 Peace Officer and Probation Officer Firearm 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
16to or affect any person carrying a concealed pistol, revolver,
17or handgun and the person has been issued a currently valid
18license under the Firearm Concealed Carry Act at the time of
19the commission of the offense.
20 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any of the following:
22 (1) Members of any club or organization organized for
23 the purpose of practicing shooting at targets upon
24 established target ranges, whether public or private, and
25 patrons of such ranges, while such members or patrons are
26 using their firearms on those target ranges.

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

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

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1 of the United States, when such activities are necessary
2 and incident to fulfilling the terms of such contract.
3 The exemption granted under this subdivision (c)(6)
4 shall also apply to any authorized agent of any such
5 contractor or subcontractor who is operating within the
6 scope of his employment, where such activities involving
7 such weapon, weapons or ammunition are necessary and
8 incident to fulfilling the terms of such contract.
9 (7) A person possessing a rifle with a barrel or
10 barrels less than 16 inches in length if: (A) the person
11 has been issued a Curios and Relics license from the U.S.
12 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
13 the person is an active member of a bona fide, nationally
14 recognized military re-enacting group and the modification
15 is required and necessary to accurately portray the weapon
16 for historical re-enactment purposes; the re-enactor is in
17 possession of a valid and current re-enacting group
18 membership credential; and the overall length of the weapon
19 as modified is not less than 26 inches.
20 (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a peace
22officer.
23 (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

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1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
7 (1) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (2) Bonafide collectors of antique or surplus military
11 ordnance.
12 (3) Laboratories having a department of forensic
13 ballistics, or specializing in the development of
14 ammunition or explosive ordnance.
15 (4) Commerce, preparation, assembly or possession of
16 explosive bullets by manufacturers of ammunition licensed
17 by the federal government, in connection with the supply of
18 those organizations and persons exempted by subdivision
19 (g)(1) of this Section, or like organizations and persons
20 outside this State, or the transportation of explosive
21 bullets to any organization or person exempted in this
22 Section by a common carrier or by a vehicle owned or leased
23 by an exempted manufacturer.
24 (g-5) Subsection 24-1(a)(6) does not apply to or affect
25persons licensed under federal law to manufacture any device or
26attachment of any kind designed, used, or intended for use in

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1silencing the report of any firearm, firearms, or ammunition
2for those firearms equipped with those devices, and actually
3engaged in the business of manufacturing those devices,
4firearms, or ammunition, but only with respect to activities
5that are within the lawful scope of that business, such as the
6manufacture, transportation, or testing of those devices,
7firearms, or ammunition. This exemption does not authorize the
8general private possession of any device or attachment of any
9kind designed, used, or intended for use in silencing the
10report of any firearm, but only such possession and activities
11as are within the lawful scope of a licensed manufacturing
12business described in this subsection (g-5). During
13transportation, these devices shall be detached from any weapon
14or not immediately accessible.
15 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20 (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

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1duties include the investigation of criminal acts.
2 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
4athlete's possession, transport on official Olympic and
5Paralympic transit systems established for athletes, or use of
6competition firearms sanctioned by the International Olympic
7Committee, the International Paralympic Committee, the
8International Shooting Sport Federation, or USA Shooting in
9connection with such athlete's training for and participation
10in shooting competitions at the 2016 Olympic and Paralympic
11Games and sanctioned test events leading up to the 2016 Olympic
12and Paralympic Games.
13 (g-15) Subsection 24-1(a)(14) does not apply with respect
14to the importation for, manufacture for, sale to, transfer to,
15or possession by or under the authority of, the United States
16or any department or agency of the United States or of this
17State, or a department, agency, or political subdivision of
18this State.
19 (h) An information or indictment based upon a violation of
20any subsection of this Article need not negative any exemptions
21contained in this Article. The defendant shall have the burden
22of proving such an exemption.
23 (i) Nothing in this Article shall prohibit, apply to, or
24affect the transportation, carrying, or possession, of any
25pistol or revolver, stun gun, taser, or other firearm consigned
26to a common carrier operating under license of the State of

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1Illinois or the federal government, where such transportation,
2carrying, or possession is incident to the lawful
3transportation in which such common carrier is engaged; and
4nothing in this Article shall prohibit, apply to, or affect the
5transportation, carrying, or possession of any pistol,
6revolver, stun gun, taser, or other firearm, not the subject of
7and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
8this Article, which is unloaded and enclosed in a case, firearm
9carrying box, shipping box, or other container, by the
10possessor of a valid Firearm Owners Identification Card.
11(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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