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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||
5 | Section 24-2 as follows:
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6 | (720 ILCS 5/24-2)
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7 | Sec. 24-2. Exemptions.
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8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | |||||||||||||||||||
9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | |||||||||||||||||||
10 | the following:
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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.
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14 | (2) Wardens, superintendents and keepers of prisons,
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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.
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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.
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23 | (4) Special agents employed by a railroad or a public |
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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.
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7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by a private security contractor, private | ||||||
10 | detective, or private alarm contractor an agency
licensed | ||||||
11 | certified by the Department of Financial and Professional | ||||||
12 | Regulation, if their duties
include the carrying of a | ||||||
13 | weapon under the provisions of the Private
Detective, | ||||||
14 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
15 | Locksmith Act of 2004,
while actually
engaged in the | ||||||
16 | performance of the duties of their employment or commuting
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17 | between their homes and places of employment , provided | ||||||
18 | that such commuting
is accomplished within one hour from | ||||||
19 | departure from home or place of
employment, as the case may | ||||||
20 | be . A person shall be considered eligible for this
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21 | exemption if he or she has completed the required 20
hours | ||||||
22 | of training for a private security contractor, private
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23 | detective, or private alarm contractor, or employee of a | ||||||
24 | licensed private security contractor, private detective, | ||||||
25 | or private alarm contractor agency and 20 hours of required | ||||||
26 | firearm
training, and has been issued a firearm control |
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1 | card by
the Department of Financial and Professional | ||||||
2 | Regulation. Conditions for the renewal of
firearm control | ||||||
3 | cards issued under the provisions of this Section
shall be | ||||||
4 | the same as for those cards issued under the provisions of | ||||||
5 | the
Private Detective, Private Alarm,
Private Security, | ||||||
6 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
7 | control card shall be carried by the private security | ||||||
8 | contractor, private
detective, or private alarm | ||||||
9 | contractor, or employee of the licensed private security | ||||||
10 | contractor, private detective, or private alarm contractor | ||||||
11 | agency at all
times when he or she is in possession of a | ||||||
12 | concealable weapon permitted by his or her firearm control | ||||||
13 | card .
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14 | (6) Any person regularly employed in a commercial or | ||||||
15 | industrial
operation as a security guard for the protection | ||||||
16 | of persons employed
and private property related to such | ||||||
17 | commercial or industrial
operation, while actually engaged | ||||||
18 | in the performance of his or her
duty or traveling between | ||||||
19 | sites or properties belonging to the
employer, and who, as | ||||||
20 | a security guard, is a member of a security force of
at | ||||||
21 | least 5 persons registered with the Department of Financial | ||||||
22 | and Professional
Regulation; provided that such security | ||||||
23 | guard has successfully completed a
course of study, | ||||||
24 | approved by and supervised by the Department of
Financial | ||||||
25 | and Professional Regulation, consisting of not less than 40 | ||||||
26 | hours of training
that includes the theory of law |
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1 | enforcement, liability for acts, and the
handling of | ||||||
2 | weapons. A person shall be considered eligible for this
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3 | exemption if he or she has completed the required 20
hours | ||||||
4 | of training for a security officer and 20 hours of required | ||||||
5 | firearm
training, and has been issued a firearm control | ||||||
6 | card by
the Department of Financial and Professional | ||||||
7 | Regulation. Conditions for the renewal of
firearm control | ||||||
8 | cards issued under the provisions of this Section
shall be | ||||||
9 | the same as for those cards issued under the provisions of | ||||||
10 | the
Private Detective, Private Alarm,
Private Security, | ||||||
11 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
12 | control card shall be carried by the security guard at all
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13 | times when he or she is in possession of a concealable | ||||||
14 | weapon permitted by his or her firearm control card .
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15 | (7) Agents and investigators of the Illinois | ||||||
16 | Legislative Investigating
Commission authorized by the | ||||||
17 | Commission to carry the weapons specified in
subsections | ||||||
18 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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19 | any investigation for the Commission.
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20 | (8) Persons employed by a financial institution as a | ||||||
21 | security guard for the protection of
other employees and | ||||||
22 | property related to such financial institution, while
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23 | actually engaged in the performance of their duties, | ||||||
24 | commuting between
their homes and places of employment, or | ||||||
25 | traveling between sites or
properties owned or operated by | ||||||
26 | such financial institution, and who, as a security guard, |
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1 | is a member of a security force registered with the | ||||||
2 | Department of Financial and Professional Regulation; | ||||||
3 | provided that
any person so employed has successfully | ||||||
4 | completed a course of study,
approved by and supervised by | ||||||
5 | the Department of Financial and Professional Regulation,
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6 | consisting of not less than 40 hours of training which | ||||||
7 | includes theory of
law enforcement, liability for acts, and | ||||||
8 | the handling of weapons.
A person shall be considered to be | ||||||
9 | eligible for this exemption if he or
she has completed the | ||||||
10 | required 20 hours of training for a security officer
and 20 | ||||||
11 | hours of required firearm training, and has been issued a
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12 | firearm control card by the Department of Financial and | ||||||
13 | Professional Regulation.
Conditions for renewal of firearm | ||||||
14 | control cards issued under the
provisions of this Section | ||||||
15 | shall be the same as for those issued under the
provisions | ||||||
16 | of the Private Detective, Private Alarm,
Private Security, | ||||||
17 | Fingerprint Vendor, and Locksmith Act of 2004.
The Such | ||||||
18 | firearm control card shall be carried by the security guard | ||||||
19 | person so
trained at all times when he or she such person | ||||||
20 | is in possession of a concealable
weapon permitted by his | ||||||
21 | or her firearm control card . For purposes of this | ||||||
22 | subsection, "financial institution" means a
bank, savings | ||||||
23 | and loan association, credit union or company providing
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24 | armored car services.
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25 | (9) (Blank). Any person employed by an armored car | ||||||
26 | company to drive an armored
car, while actually engaged in |
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1 | the performance of his duties.
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2 | (10) Persons who have been classified as peace officers | ||||||
3 | pursuant
to the Peace Officer Fire Investigation Act.
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4 | (11) Investigators of the Office of the State's | ||||||
5 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
6 | governors of the Office of the
State's Attorneys Appellate | ||||||
7 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
8 | State's Attorneys Appellate Prosecutor's Act.
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9 | (12) Special investigators appointed by a State's | ||||||
10 | Attorney under
Section 3-9005 of the Counties Code.
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11 | (12.5) Probation officers while in the performance of | ||||||
12 | their duties, or
while commuting between their homes, | ||||||
13 | places of employment or specific locations
that are part of | ||||||
14 | their assigned duties, with the consent of the chief judge | ||||||
15 | of
the circuit for which they are employed.
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16 | (13) Court Security Officers while in the performance | ||||||
17 | of their official
duties, or while commuting between their | ||||||
18 | homes and places of employment, with
the
consent of the | ||||||
19 | Sheriff.
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20 | (13.5) A person employed as an armed security guard at | ||||||
21 | a nuclear energy,
storage, weapons or development site or | ||||||
22 | facility regulated by the Nuclear
Regulatory Commission | ||||||
23 | who has completed the background screening and training
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24 | mandated by the rules and regulations of the Nuclear | ||||||
25 | Regulatory Commission.
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26 | (14) Manufacture, transportation, or sale of weapons |
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1 | to
persons
authorized under subdivisions (1) through | ||||||
2 | (13.5) of this
subsection
to
possess those weapons.
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3 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
4 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
5 | or handgun and the person has been issued a currently valid | ||||||
6 | license under the Firearm Concealed Carry Act at the time of | ||||||
7 | the commission of the offense. | ||||||
8 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
9 | 24-1.6 do not
apply to or affect
any of the following:
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10 | (1) Members of any club or organization organized for | ||||||
11 | the purpose of
practicing shooting at targets upon | ||||||
12 | established target ranges, whether
public or private, and | ||||||
13 | patrons of such ranges, while such members
or patrons are | ||||||
14 | using their firearms on those target ranges.
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15 | (2) Duly authorized military or civil organizations | ||||||
16 | while parading,
with the special permission of the | ||||||
17 | Governor.
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18 | (3) Hunters, trappers or fishermen with a license or
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19 | permit while engaged in hunting,
trapping or fishing.
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20 | (4) Transportation of weapons that are broken down in a
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21 | non-functioning state or are not immediately accessible.
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22 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
23 | gun or taser or other firearm on the land or in the legal | ||||||
24 | dwelling of another person as an invitee with that person's | ||||||
25 | permission. | ||||||
26 | (c) Subsection 24-1(a)(7) does not apply to or affect any |
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1 | of the
following:
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2 | (1) Peace officers while in performance of their | ||||||
3 | official duties.
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4 | (2) Wardens, superintendents and keepers of prisons, | ||||||
5 | penitentiaries,
jails and other institutions for the | ||||||
6 | detention of persons accused or
convicted of an offense.
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7 | (3) 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.
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10 | (4) Manufacture, transportation, or sale of machine | ||||||
11 | guns to persons
authorized under subdivisions (1) through | ||||||
12 | (3) of this subsection to
possess machine guns, if the | ||||||
13 | machine guns are broken down in a
non-functioning state or | ||||||
14 | are not immediately accessible.
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15 | (5) Persons licensed under federal law to manufacture | ||||||
16 | any weapon from
which 8 or more shots or bullets can be | ||||||
17 | discharged by a
single function of the firing device, or | ||||||
18 | ammunition for such weapons, and
actually engaged in the | ||||||
19 | business of manufacturing such weapons or
ammunition, but | ||||||
20 | only with respect to activities which are within the lawful
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21 | scope of such business, such as the manufacture, | ||||||
22 | transportation, or testing
of such weapons or ammunition. | ||||||
23 | This exemption does not authorize the
general private | ||||||
24 | possession of any weapon from which 8 or more
shots or | ||||||
25 | bullets can be discharged by a single function of the | ||||||
26 | firing
device, but only such possession and activities as |
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1 | are within the lawful
scope of a licensed manufacturing | ||||||
2 | business described in this paragraph.
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3 | During transportation, such weapons shall be broken | ||||||
4 | down in a
non-functioning state or not immediately | ||||||
5 | accessible.
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6 | (6) The manufacture, transport, testing, delivery, | ||||||
7 | transfer or sale,
and all lawful commercial or experimental | ||||||
8 | activities necessary thereto, of
rifles, shotguns, and | ||||||
9 | weapons made from rifles or shotguns,
or ammunition for | ||||||
10 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
11 | person operating as a contractor or subcontractor pursuant | ||||||
12 | to a
contract or subcontract for the development and supply | ||||||
13 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
14 | United States government or any
branch of the Armed Forces | ||||||
15 | of the United States, when such activities are
necessary | ||||||
16 | and incident to fulfilling the terms of such contract.
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17 | The exemption granted under this subdivision (c)(6)
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18 | shall also apply to any authorized agent of any such | ||||||
19 | contractor or
subcontractor who is operating within the | ||||||
20 | scope of his employment, where
such activities involving | ||||||
21 | such weapon, weapons or ammunition are necessary
and | ||||||
22 | incident to fulfilling the terms of such contract.
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23 | (7) A person possessing a rifle with a barrel or | ||||||
24 | barrels less than 16 inches in length if: (A) the person | ||||||
25 | has been issued a Curios and Relics license from the U.S. | ||||||
26 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
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1 | the person is an active member of a bona fide, nationally | ||||||
2 | recognized military re-enacting group and the modification | ||||||
3 | is required and necessary to accurately portray the weapon | ||||||
4 | for historical re-enactment purposes; the re-enactor is in | ||||||
5 | possession of a valid and current re-enacting group | ||||||
6 | membership credential; and the overall length of the weapon | ||||||
7 | as modified is not less than 26 inches. | ||||||
8 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
9 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
10 | officer.
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11 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
12 | manager or
authorized employee of any place specified in that | ||||||
13 | subsection nor to any
law enforcement officer.
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14 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
15 | Section 24-1.6
do not apply
to members of any club or | ||||||
16 | organization organized for the purpose of practicing
shooting | ||||||
17 | at targets upon established target ranges, whether public or | ||||||
18 | private,
while using their firearms on those target ranges.
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19 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
20 | to:
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21 | (1) Members of the Armed Services or Reserve Forces of | ||||||
22 | the United
States or the Illinois National Guard, while in | ||||||
23 | the performance of their
official duty.
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24 | (2) Bonafide collectors of antique or surplus military | ||||||
25 | ordinance.
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26 | (3) Laboratories having a department of forensic |
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1 | ballistics, or
specializing in the development of | ||||||
2 | ammunition or explosive ordinance.
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3 | (4) Commerce, preparation, assembly or possession of | ||||||
4 | explosive
bullets by manufacturers of ammunition licensed | ||||||
5 | by the federal government,
in connection with the supply of | ||||||
6 | those organizations and persons exempted
by subdivision | ||||||
7 | (g)(1) of this Section, or like organizations and persons
| ||||||
8 | outside this State, or the transportation of explosive | ||||||
9 | bullets to any
organization or person exempted in this | ||||||
10 | Section by a common carrier or by a
vehicle owned or leased | ||||||
11 | by an exempted manufacturer.
| ||||||
12 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
13 | persons licensed
under federal law to manufacture any device or | ||||||
14 | attachment of any kind designed,
used, or intended for use in | ||||||
15 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
16 | for those firearms equipped with those devices, and actually | ||||||
17 | engaged in the
business of manufacturing those devices, | ||||||
18 | firearms, or ammunition, but only with
respect to
activities | ||||||
19 | that are within the lawful scope of that business, such as the
| ||||||
20 | manufacture, transportation, or testing of those devices, | ||||||
21 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
22 | general private possession of any device or
attachment of any | ||||||
23 | kind designed, used, or intended for use in silencing the
| ||||||
24 | report of any firearm, but only such possession and activities | ||||||
25 | as are within
the
lawful scope of a licensed manufacturing | ||||||
26 | business described in this subsection
(g-5). During |
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1 | transportation, these devices shall be detached from any weapon
| ||||||
2 | or
not immediately accessible.
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3 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
4 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
5 | supervisor who meets the qualifications and conditions | ||||||
6 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
7 | Corrections. | ||||||
8 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
9 | officer while serving as a member of a tactical response team | ||||||
10 | or special operations team. A peace officer may not personally | ||||||
11 | own or apply for ownership of a device or attachment of any | ||||||
12 | kind designed, used, or intended for use in silencing the | ||||||
13 | report of any firearm. These devices shall be owned and | ||||||
14 | maintained by lawfully recognized units of government whose | ||||||
15 | duties include the investigation of criminal acts. | ||||||
16 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
17 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
18 | athlete's possession, transport on official Olympic and | ||||||
19 | Paralympic transit systems established for athletes, or use of | ||||||
20 | competition firearms sanctioned by the International Olympic | ||||||
21 | Committee, the International Paralympic Committee, the | ||||||
22 | International Shooting Sport Federation, or USA Shooting in | ||||||
23 | connection with such athlete's training for and participation | ||||||
24 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
25 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
26 | and Paralympic Games. |
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1 | (h) An information or indictment based upon a violation of | ||||||
2 | any
subsection of this Article need not negative any exemptions | ||||||
3 | contained in
this Article. The defendant shall have the burden | ||||||
4 | of proving such an
exemption.
| ||||||
5 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
6 | affect
the transportation, carrying, or possession, of any | ||||||
7 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
8 | to a common carrier operating
under license of the State of | ||||||
9 | Illinois or the federal government, where
such transportation, | ||||||
10 | carrying, or possession is incident to the lawful
| ||||||
11 | transportation in which such common carrier is engaged; and | ||||||
12 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
13 | transportation, carrying,
or possession of any pistol, | ||||||
14 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
15 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
16 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
17 | carrying box, shipping box, or other container, by the | ||||||
18 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
19 | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
20 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
21 | 98-463, eff. 8-16-13.)
|