Public Act 101-0080

SB1139 Enrolled LRB101 04922 SLF 49931 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is

amended by changing Sections 4 and 8 as follows:

(430 ILCS 65/4) (from Ch. 38, par. 83-4)

Sec. 4. Application for Firearm Owner's Identification

Cards.

(a) Each applicant for a Firearm Owner's Identification

Card must:

(1) Make application on blank forms prepared and

furnished at convenient locations throughout the State by

the Department of State Police, or by electronic means, if

and when made available by the Department of State Police;

and

(2) Submit evidence to the Department of State Police

that:

(i) This subparagraph (i) applies through the

180th day following the effective date of this

amendatory Act of the 101st General Assembly. He or she

is 21 years of age or over, or if he or she is under 21

years of age that he or she has the written consent of

his or her parent or legal guardian to possess and

acquire firearms and firearm ammunition and that he or

she has never been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent,

provided, however, that such parent or legal guardian

is not an individual prohibited from having a Firearm

Owner's Identification Card and files an affidavit

with the Department as prescribed by the Department

stating that he or she is not an individual prohibited

from having a Card;

(i-5) This subparagraph (i-5) applies on and after

the 181st day following the effective date of this

amendatory Act of the 101st General Assembly. He or she

is 21 years of age or over, or if he or she is under 21

years of age that he or she has never been convicted of

a misdemeanor other than a traffic offense or adjudged

delinquent and is an active duty member of the United

States Armed Forces or has the written consent of his

or her parent or legal guardian to possess and acquire

firearms and firearm ammunition, provided, however,

that such parent or legal guardian is not an individual

prohibited from having a Firearm Owner's

Identification Card and files an affidavit with the

Department as prescribed by the Department stating

that he or she is not an individual prohibited from

having a Card or the active duty member of the United

States Armed Forces under 21 years of age annually

submits proof to the Department of State Police, in a

manner prescribed by the Department;

(ii) He or she has not been convicted of a felony

under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental

health facility within the past 5 years or, if he or

she has been a patient in a mental health facility more

than 5 years ago submit the certification required

under subsection (u) of Section 8 of this Act;

(v) He or she is not a person with an intellectual

disability;

(vi) He or she is not an alien who is unlawfully

present in the United States under the laws of the

United States;

(vii) He or she is not subject to an existing order

of protection prohibiting him or her from possessing a

firearm;

(viii) He or she has not been convicted within the

past 5 years of battery, assault, aggravated assault,

violation of an order of protection, or a substantially

similar offense in another jurisdiction, in which a

firearm was used or possessed;

(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a

substantially similar offense in another jurisdiction

committed before, on or after January 1, 2012 (the

effective date of Public Act 97-158). If the applicant

knowingly and intelligently waives the right to have an

offense described in this clause (ix) tried by a jury,

and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic

relationship is not a required element of the offense

but in which a determination of the applicability of 18

U.S.C. 922(g)(9) is made under Section 112A-11.1 of the

Code of Criminal Procedure of 1963, an entry by the

court of a judgment of conviction for that offense

shall be grounds for denying the issuance of a Firearm

Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not an alien who has been

admitted to the United States under a non-immigrant

visa (as that term is defined in Section 101(a)(26) of

the Immigration and Nationality Act (8 U.S.C.

1101(a)(26))), or that he or she is an alien who has

been lawfully admitted to the United States under a

non-immigrant visa if that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States

Government or the Government's mission to an

international organization having its

headquarters in the United States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United

States on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to

18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a

petition filed under Section 5-520 of the Juvenile

Court Act of 1987 alleging that the minor is a

delinquent minor for the commission of an offense that

if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been

adjudicated a delinquent minor under the Juvenile

Court Act of 1987 for the commission of an offense that

if committed by an adult would be a felony;

(xiv) He or she is a resident of the State of

Illinois;

(xv) He or she has not been adjudicated as a person

with a mental disability;

(xvi) He or she has not been involuntarily admitted

into a mental health facility; and

(xvii) He or she is not a person with a

developmental disability; and

(3) Upon request by the Department of State Police,

sign a release on a form prescribed by the Department of

State Police waiving any right to confidentiality and

requesting the disclosure to the Department of State Police

of limited mental health institution admission information

from another state, the District of Columbia, any other

territory of the United States, or a foreign nation

concerning the applicant for the sole purpose of

determining whether the applicant is or was a patient in a

mental health institution and disqualified because of that

status from receiving a Firearm Owner's Identification

Card. No mental health care or treatment records may be

requested. The information received shall be destroyed

within one year of receipt.

(a-5) Each applicant for a Firearm Owner's Identification

Card who is over the age of 18 shall furnish to the Department

of State Police either his or her Illinois driver's license

number or Illinois Identification Card number, except as

provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification

Card, who is employed as a law enforcement officer, an armed

security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois

resident, shall furnish to the Department of State Police his

or her driver's license number or state identification card

number from his or her state of residence. The Department of

State Police may adopt rules to enforce the provisions of this

subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's

Identification Card moves from the residence address named in

the application, he or she shall immediately notify in a form

and manner prescribed by the Department of State Police of that

change of address.

(a-20) Each applicant for a Firearm Owner's Identification

Card shall furnish to the Department of State Police his or her

photograph. An applicant who is 21 years of age or older

seeking a religious exemption to the photograph requirement

must furnish with the application an approved copy of United

States Department of the Treasury Internal Revenue Service Form

4029. In lieu of a photograph, an applicant regardless of age

seeking a religious exemption to the photograph requirement

shall submit fingerprints on a form and manner prescribed by

the Department with his or her application.

(b) Each application form shall include the following

statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's

Identification Card is punishable as a Class 2 felony in

accordance with subsection (d-5) of Section 14 of the Firearm

Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4,

paragraph (a)(2)(i), the parent or legal guardian giving the

consent shall be liable for any damages resulting from the

applicant's use of firearms or firearm ammunition.

(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. Grounds for denial and revocation. The Department

of State Police has authority to deny an application for or to

revoke and seize a Firearm Owner's Identification Card

previously issued under this Act only if the Department finds

that the applicant or the person to whom such card was issued

is or was at the time of issuance:

(a) A person under 21 years of age who has been

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) This subsection (b) applies through the 180th day

following the effective date of this amendatory Act of the

101st General Assembly. A person under 21 years of age who

does not have the written consent of his parent or guardian

to acquire and possess firearms and firearm ammunition, or

whose parent or guardian has revoked such written consent,

or where such parent or guardian does not qualify to have a

Firearm Owner's Identification Card;

(b-5) This subsection (b-5) applies on and after the

181st day following the effective date of this amendatory

Act of the 101st General Assembly. A person under 21 years

of age who is not an active duty member of the United

States Armed Forces and does not have the written consent

of his or her parent or guardian to acquire and possess

firearms and firearm ammunition, or whose parent or

guardian has revoked such written consent, or where such

parent or guardian does not qualify to have a Firearm

Owner's Identification Card;

(c) A person convicted of a felony under the laws of

this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health

facility within the past 5 years or a person who has been a

patient in a mental health facility more than 5 years ago

who has not received the certification required under

subsection (u) of this Section. An active law enforcement

officer employed by a unit of government who is denied,

revoked, or has his or her Firearm Owner's Identification

Card seized under this subsection (e) may obtain relief as

described in subsection (c-5) of Section 10 of this Act if

the officer did not act in a manner threatening to the

officer, another person, or the public as determined by the

treating clinical psychologist or physician, and the

officer seeks mental health treatment;

(f) A person whose mental condition is of such a nature

that it poses a clear and present danger to the applicant,

any other person or persons or the community;

(g) A person who has an intellectual disability;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United

States under the laws of the United States;

(i-5) An alien who has been admitted to the United

States under a non-immigrant visa (as that term is defined

in Section 101(a)(26) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(26))), except that this subsection

(i-5) does not apply to any alien who has been lawfully

admitted to the United States under a non-immigrant visa if

that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States Government

or the Government's mission to an international

organization having its headquarters in the United

States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a friendly

foreign government entering the United States on

official business; or

(5) one who has received a waiver from the Attorney

General of the United States pursuant to 18 U.S.C.

922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

on or after January 1, 2012 (the effective date of Public

Act 97-158). If the applicant or person who has been

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the right

to have an offense described in this paragraph (l) tried by

a jury, and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic relationship

is not a required element of the offense but in which a

determination of the applicability of 18 U.S.C. 922(g)(9)

is made under Section 112A-11.1 of the Code of Criminal

Procedure of 1963, an entry by the court of a judgment of

conviction for that offense shall be grounds for denying an

application for and for revoking and seizing a Firearm

Owner's Identification Card previously issued to the

person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

(o) A minor subject to a petition filed under Section

5-520 of the Juvenile Court Act of 1987 alleging that the

minor is a delinquent minor for the commission of an

offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony;

(q) A person who is not a resident of the State of

Illinois, except as provided in subsection (a-10) of

Section 4;

(r) A person who has been adjudicated as a person with

a mental disability;

(s) A person who has been found to have a developmental

disability;

(t) A person involuntarily admitted into a mental

health facility; or

(u) A person who has had his or her Firearm Owner's

Identification Card revoked or denied under subsection (e)

of this Section or item (iv) of paragraph (2) of subsection

(a) of Section 4 of this Act because he or she was a

patient in a mental health facility as provided in

subsection (e) of this Section, shall not be permitted to

obtain a Firearm Owner's Identification Card, after the

5-year period has lapsed, unless he or she has received a

mental health evaluation by a physician, clinical

psychologist, or qualified examiner as those terms are

defined in the Mental Health and Developmental

Disabilities Code, and has received a certification that he

or she is not a clear and present danger to himself,

herself, or others. The physician, clinical psychologist,

or qualified examiner making the certification and his or

her employer shall not be held criminally, civilly, or

professionally liable for making or not making the

certification required under this subsection, except for

willful or wanton misconduct. This subsection does not

apply to a person whose firearm possession rights have been

restored through administrative or judicial action under

Section 10 or 11 of this Act.

Upon revocation of a person's Firearm Owner's

Identification Card, the Department of State Police shall

provide notice to the person and the person shall comply with

Section 9.5 of this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

eff. 7-16-14; 99-143, eff. 7-27-15.)

Section 10. The Firearm Concealed Carry Act is amended by

changing Section 50 as follows:

(430 ILCS 66/50)

Sec. 50. License renewal.

(a) This subsection (a) applies through the 180th day

following the effective date of this amendatory Act of the

101st General Assembly. Applications for renewal of a license

shall be made to the Department. A license shall be renewed for

a period of 5 years upon receipt of a completed renewal

application, completion of 3 hours of training required under

Section 75 of this Act, payment of the applicable renewal fee,

and completion of an investigation under Section 35 of this

Act. The renewal application shall contain the information

required in Section 30 of this Act, except that the applicant

need not resubmit a full set of fingerprints.

(b) This subsection (b) applies on and after the 181st day

following the effective date of this amendatory Act of the

101st General Assembly. Applications for renewal of a license

shall be made to the Department. A license shall be renewed for

a period of 5 years from the date of expiration on the

applicant's current license upon the receipt of a completed

renewal application, completion of 3 hours of training required

under Section 75 of this Act, payment of the applicable renewal

fee, and completion of an investigation under Section 35 of

this Act. The renewal application shall contain the information

required in Section 30 of this Act, except that the applicant

need not resubmit a full set of fingerprints.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

Section 15. The Firearm Dealer License Certification Act is

amended by changing Sections 5-5 and 5-25 as follows:

(430 ILCS 68/5-5)

Sec. 5-5. Definitions. In this Act:

"Certified licensee" means a licensee that has previously

certified its license with the Department under this Act.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Entity" means any person, firm, corporation, group of

individuals, or other legal entity.

"Inventory" means firearms in the possession of an

individual or entity for the purpose of sale or transfer.

"License" means a Federal Firearms License authorizing a

person or entity to engage in the business of dealing firearms.

"Licensee" means a person, firm, corporation, or other

entity who has been given, and is currently in possession of, a

valid Federal Firearms License.

"Retail location" means a store open to the public from

which a certified licensee engages in the business of selling,

transferring, or facilitating a sale or transfer of a firearm.

For purposes of this Act, the World Shooting and Recreational

Complex, a gun show, or similar event at which a certified

licensee engages in business from time to time is not a retail

location.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-25)

Sec. 5-25. Exemptions.

The provisions of this Act related to the certification of

a license do not apply to a person or entity that engages in

the following activities:

(1) temporary transfers of firearms solely for use at

the location or on the premises where the transfer takes

place, such as transfers at a shooting range for use at

that location;

(2) temporary transfers of firearms solely for use

while in the presence of the transferor or transfers for

the purposes of firearm safety training by a firearms

safety training instructor;

(3) transfers of firearms among immediate family or

household members, as "immediate family or household

member" is defined in Section 3-2.7-10 of the Unified Code

of Corrections, provided that both the transferor and

transferee have a currently valid Firearm Owner's

Identification Card; however, this paragraph (3) does not

limit the familial gift exemption under paragraph (2) of

subsection (a-15) of Section 3 of the Firearm Owners

Identification Card Act;

(4) transfers by persons or entities acting under

operation of law or a court order;

(5) transfers by persons or entities liquidating all or

part of a collection. For purposes of this paragraph (5),

"collection" means 2 or more firearms which are of special

interest to collectors by reason of some quality other than

is associated with firearms intended for sporting use or as

offensive or defensive weapons;

(6) transfers of firearms that have been rendered

permanently inoperable to a nonprofit historical society,

museum, or institutional collection;

(7) transfers by a law enforcement or corrections

agency or a law enforcement or corrections officer acting

within the course and scope of his or her official duties;

(8) transfers to a State or local law enforcement

agency by a person who has his or her Firearm Owner's

Identification Card revoked;

(9) transfers of curios and relics, as defined under

federal law, between collectors licensed under subsection

(b) of Section 923 of the federal Gun Control Act of 1968;

(10) transfers by a person or entity licensed as an

auctioneer under the Auction License Act; or

(10.5) transfers of firearms to a resident registered

competitor or attendee or non-resident registered

competitor or attendee by a licensed federal firearms

dealer under Section 923 of the federal Gun Control Act of

1968 at a competitive shooting event held at the World

Shooting and Recreational Complex that is sanctioned by a

national governing body; or

(11) transfers between a pawnshop and a customer which

amount to a bailment. For purposes of this paragraph (11),

"bailment" means the act of placing property in the custody

and control of another, by agreement in which the holder is

responsible for the safekeeping and return of the property.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 20. The Wildlife Code is amended by adding Section

3.4b as follows:

(520 ILCS 5/3.4b new)

Sec. 3.4b. Concealed firearm exemption. A current or

retired law enforcement officer authorized by law to possess a

concealed firearm shall be exempt from the provisions of this

Code prohibiting possession of those firearms. However,

nothing in this Section authorizes the use of those firearms

except as authorized by law.

Section 25. The Criminal Code of 2012 is amended by

changing Sections 14-3 and 24-2 as follows:

(720 ILCS 5/14-3)

Sec. 14-3. Exemptions. The following activities shall be

exempt from the provisions of this Article:

(a) Listening to radio, wireless electronic

communications, and television communications of any sort

where the same are publicly made;

(b) Hearing conversation when heard by employees of any

common carrier by wire incidental to the normal course of their

employment in the operation, maintenance or repair of the

equipment of such common carrier by wire so long as no

information obtained thereby is used or divulged by the hearer;

(c) Any broadcast by radio, television or otherwise whether

it be a broadcast or recorded for the purpose of later

broadcasts of any function where the public is in attendance

and the conversations are overheard incidental to the main

purpose for which such broadcasts are then being made;

(d) Recording or listening with the aid of any device to

any emergency communication made in the normal course of

operations by any federal, state or local law enforcement

agency or institutions dealing in emergency services,

including, but not limited to, hospitals, clinics, ambulance

services, fire fighting agencies, any public utility,

emergency repair facility, civilian defense establishment or

military installation;

(e) Recording the proceedings of any meeting required to be

open by the Open Meetings Act, as amended;

(f) Recording or listening with the aid of any device to

incoming telephone calls of phone lines publicly listed or

advertised as consumer "hotlines" by manufacturers or

retailers of food and drug products. Such recordings must be

destroyed, erased or turned over to local law enforcement

authorities within 24 hours from the time of such recording and

shall not be otherwise disseminated. Failure on the part of the

individual or business operating any such recording or

listening device to comply with the requirements of this

subsection shall eliminate any civil or criminal immunity

conferred upon that individual or business by the operation of

this Section;

(g) With prior notification to the State's Attorney of the

county in which it is to occur, recording or listening with the

aid of any device to any conversation where a law enforcement

officer, or any person acting at the direction of law

enforcement, is a party to the conversation and has consented

to it being intercepted or recorded under circumstances where

the use of the device is necessary for the protection of the

law enforcement officer or any person acting at the direction

of law enforcement, in the course of an investigation of a

forcible felony, a felony offense of involuntary servitude,

involuntary sexual servitude of a minor, or trafficking in

persons under Section 10-9 of this Code, an offense involving

prostitution, solicitation of a sexual act, or pandering, a

felony violation of the Illinois Controlled Substances Act, a

felony violation of the Cannabis Control Act, a felony

violation of the Methamphetamine Control and Community

Protection Act, any "streetgang related" or "gang-related"

felony as those terms are defined in the Illinois Streetgang

Terrorism Omnibus Prevention Act, or any felony offense

involving any weapon listed in paragraphs (1) through (11) of

subsection (a) of Section 24-1 of this Code. Any recording or

evidence derived as the result of this exemption shall be

inadmissible in any proceeding, criminal, civil or

administrative, except (i) where a party to the conversation

suffers great bodily injury or is killed during such

conversation, or (ii) when used as direct impeachment of a

witness concerning matters contained in the interception or

recording. The Director of the Department of State Police shall

issue regulations as are necessary concerning the use of

devices, retention of tape recordings, and reports regarding

their use;

(g-5) (Blank);

(g-6) With approval of the State's Attorney of the county

in which it is to occur, recording or listening with the aid of

any device to any conversation where a law enforcement officer,

or any person acting at the direction of law enforcement, is a

party to the conversation and has consented to it being

intercepted or recorded in the course of an investigation of

child pornography, aggravated child pornography, indecent

solicitation of a child, luring of a minor, sexual exploitation

of a child, aggravated criminal sexual abuse in which the

victim of the offense was at the time of the commission of the

offense under 18 years of age, or criminal sexual abuse by

force or threat of force in which the victim of the offense was

at the time of the commission of the offense under 18 years of

age. In all such cases, an application for an order approving

the previous or continuing use of an eavesdropping device must

be made within 48 hours of the commencement of such use. In the

absence of such an order, or upon its denial, any continuing

use shall immediately terminate. The Director of State Police

shall issue rules as are necessary concerning the use of

devices, retention of recordings, and reports regarding their

use. Any recording or evidence obtained or derived in the

course of an investigation of child pornography, aggravated

child pornography, indecent solicitation of a child, luring of

a minor, sexual exploitation of a child, aggravated criminal

sexual abuse in which the victim of the offense was at the time

of the commission of the offense under 18 years of age, or

criminal sexual abuse by force or threat of force in which the

victim of the offense was at the time of the commission of the

offense under 18 years of age shall, upon motion of the State's

Attorney or Attorney General prosecuting any case involving

child pornography, aggravated child pornography, indecent

solicitation of a child, luring of a minor, sexual exploitation

of a child, aggravated criminal sexual abuse in which the

victim of the offense was at the time of the commission of the

offense under 18 years of age, or criminal sexual abuse by

force or threat of force in which the victim of the offense was

at the time of the commission of the offense under 18 years of

age be reviewed in camera with notice to all parties present by

the court presiding over the criminal case, and, if ruled by

the court to be relevant and otherwise admissible, it shall be

admissible at the trial of the criminal case. Absent such a

ruling, any such recording or evidence shall not be admissible

at the trial of the criminal case;

(h) Recordings made simultaneously with the use of an

in-car video camera recording of an oral conversation between a

uniformed peace officer, who has identified his or her office,

and a person in the presence of the peace officer whenever (i)

an officer assigned a patrol vehicle is conducting an

enforcement stop; or (ii) patrol vehicle emergency lights are

activated or would otherwise be activated if not for the need

to conceal the presence of law enforcement.

For the purposes of this subsection (h), "enforcement stop"

means an action by a law enforcement officer in relation to

enforcement and investigation duties, including but not

limited to, traffic stops, pedestrian stops, abandoned vehicle

contacts, motorist assists, commercial motor vehicle stops,

roadside safety checks, requests for identification, or

responses to requests for emergency assistance;

(h-5) Recordings of utterances made by a person while in

the presence of a uniformed peace officer and while an occupant

of a police vehicle including, but not limited to, (i)

recordings made simultaneously with the use of an in-car video

camera and (ii) recordings made in the presence of the peace

officer utilizing video or audio systems, or both, authorized

by the law enforcement agency;

(h-10) Recordings made simultaneously with a video camera

recording during the use of a taser or similar weapon or device

by a peace officer if the weapon or device is equipped with

such camera;

(h-15) Recordings made under subsection (h), (h-5), or

(h-10) shall be retained by the law enforcement agency that

employs the peace officer who made the recordings for a storage

period of 90 days, unless the recordings are made as a part of

an arrest or the recordings are deemed evidence in any

criminal, civil, or administrative proceeding and then the

recordings must only be destroyed upon a final disposition and

an order from the court. Under no circumstances shall any

recording be altered or erased prior to the expiration of the

designated storage period. Upon completion of the storage

period, the recording medium may be erased and reissued for

operational use;

(i) Recording of a conversation made by or at the request

of a person, not a law enforcement officer or agent of a law

enforcement officer, who is a party to the conversation, under

reasonable suspicion that another party to the conversation is

committing, is about to commit, or has committed a criminal

offense against the person or a member of his or her immediate

household, and there is reason to believe that evidence of the

criminal offense may be obtained by the recording;

(j) The use of a telephone monitoring device by either (1)

a corporation or other business entity engaged in marketing or

opinion research or (2) a corporation or other business entity

engaged in telephone solicitation, as defined in this

subsection, to record or listen to oral telephone solicitation

conversations or marketing or opinion research conversations

by an employee of the corporation or other business entity

when:

(i) the monitoring is used for the purpose of service

quality control of marketing or opinion research or

telephone solicitation, the education or training of

employees or contractors engaged in marketing or opinion

research or telephone solicitation, or internal research

related to marketing or opinion research or telephone

solicitation; and

(ii) the monitoring is used with the consent of at

least one person who is an active party to the marketing or

opinion research conversation or telephone solicitation

conversation being monitored.

No communication or conversation or any part, portion, or

aspect of the communication or conversation made, acquired, or

obtained, directly or indirectly, under this exemption (j), may

be, directly or indirectly, furnished to any law enforcement

officer, agency, or official for any purpose or used in any

inquiry or investigation, or used, directly or indirectly, in

any administrative, judicial, or other proceeding, or divulged

to any third party.

When recording or listening authorized by this subsection

(j) on telephone lines used for marketing or opinion research

or telephone solicitation purposes results in recording or

listening to a conversation that does not relate to marketing

or opinion research or telephone solicitation; the person

recording or listening shall, immediately upon determining

that the conversation does not relate to marketing or opinion

research or telephone solicitation, terminate the recording or

listening and destroy any such recording as soon as is

practicable.

Business entities that use a telephone monitoring or

telephone recording system pursuant to this exemption (j) shall

provide current and prospective employees with notice that the

monitoring or recordings may occur during the course of their

employment. The notice shall include prominent signage

notification within the workplace.

Business entities that use a telephone monitoring or

telephone recording system pursuant to this exemption (j) shall

provide their employees or agents with access to personal-only

telephone lines which may be pay telephones, that are not

subject to telephone monitoring or telephone recording.

For the purposes of this subsection (j), "telephone

solicitation" means a communication through the use of a

telephone by live operators:

(i) soliciting the sale of goods or services;

(ii) receiving orders for the sale of goods or

services;

(iii) assisting in the use of goods or services; or

(iv) engaging in the solicitation, administration, or

collection of bank or retail credit accounts.

For the purposes of this subsection (j), "marketing or

opinion research" means a marketing or opinion research

interview conducted by a live telephone interviewer engaged by

a corporation or other business entity whose principal business

is the design, conduct, and analysis of polls and surveys

measuring the opinions, attitudes, and responses of

respondents toward products and services, or social or

political issues, or both;

(k) Electronic recordings, including but not limited to, a

motion picture, videotape, digital, or other visual or audio

recording, made of a custodial interrogation of an individual

at a police station or other place of detention by a law

enforcement officer under Section 5-401.5 of the Juvenile Court

Act of 1987 or Section 103-2.1 of the Code of Criminal

Procedure of 1963;

(l) Recording the interview or statement of any person when

the person knows that the interview is being conducted by a law

enforcement officer or prosecutor and the interview takes place

at a police station that is currently participating in the

Custodial Interview Pilot Program established under the

Illinois Criminal Justice Information Act;

(m) An electronic recording, including but not limited to,

a motion picture, videotape, digital, or other visual or audio

recording, made of the interior of a school bus while the

school bus is being used in the transportation of students to

and from school and school-sponsored activities, when the

school board has adopted a policy authorizing such recording,

notice of such recording policy is included in student

handbooks and other documents including the policies of the

school, notice of the policy regarding recording is provided to

parents of students, and notice of such recording is clearly

posted on the door of and inside the school bus.

Recordings made pursuant to this subsection (m) shall be

confidential records and may only be used by school officials

(or their designees) and law enforcement personnel for

investigations, school disciplinary actions and hearings,

proceedings under the Juvenile Court Act of 1987, and criminal

prosecutions, related to incidents occurring in or around the

school bus;

(n) Recording or listening to an audio transmission from a

microphone placed by a person under the authority of a law

enforcement agency inside a bait car surveillance vehicle while

simultaneously capturing a photographic or video image;

(o) The use of an eavesdropping camera or audio device

during an ongoing hostage or barricade situation by a law

enforcement officer or individual acting on behalf of a law

enforcement officer when the use of such device is necessary to

protect the safety of the general public, hostages, or law

enforcement officers or anyone acting on their behalf;

(p) Recording or listening with the aid of any device to

incoming telephone calls of phone lines publicly listed or

advertised as the "CPS Violence Prevention Hotline", but only

where the notice of recording is given at the beginning of each

call as required by Section 34-21.8 of the School Code. The

recordings may be retained only by the Chicago Police

Department or other law enforcement authorities, and shall not

be otherwise retained or disseminated;

(q)(1) With prior request to and written or verbal approval

of the State's Attorney of the county in which the conversation

is anticipated to occur, recording or listening with the aid of

an eavesdropping device to a conversation in which a law

enforcement officer, or any person acting at the direction of a

law enforcement officer, is a party to the conversation and has

consented to the conversation being intercepted or recorded in

the course of an investigation of a qualified offense. The

State's Attorney may grant this approval only after determining

that reasonable cause exists to believe that inculpatory

conversations concerning a qualified offense will occur with a

specified individual or individuals within a designated period

of time.

(2) Request for approval. To invoke the exception contained

in this subsection (q), a law enforcement officer shall make a

request for approval to the appropriate State's Attorney. The

request may be written or verbal; however, a written

memorialization of the request must be made by the State's

Attorney. This request for approval shall include whatever

information is deemed necessary by the State's Attorney but

shall include, at a minimum, the following information about

each specified individual whom the law enforcement officer

believes will commit a qualified offense:

(A) his or her full or partial name, nickname or alias;

(B) a physical description; or

(C) failing either (A) or (B) of this paragraph (2),

any other supporting information known to the law

enforcement officer at the time of the request that gives

rise to reasonable cause to believe that the specified

individual will participate in an inculpatory conversation

concerning a qualified offense.

(3) Limitations on approval. Each written approval by the

State's Attorney under this subsection (q) shall be limited to:

(A) a recording or interception conducted by a

specified law enforcement officer or person acting at the

direction of a law enforcement officer;

(B) recording or intercepting conversations with the

individuals specified in the request for approval,

provided that the verbal approval shall be deemed to

include the recording or intercepting of conversations

with other individuals, unknown to the law enforcement

officer at the time of the request for approval, who are

acting in conjunction with or as co-conspirators with the

individuals specified in the request for approval in the

commission of a qualified offense;

(C) a reasonable period of time but in no event longer

than 24 consecutive hours;

(D) the written request for approval, if applicable, or

the written memorialization must be filed, along with the

written approval, with the circuit clerk of the

jurisdiction on the next business day following the

expiration of the authorized period of time, and shall be

subject to review by the Chief Judge or his or her designee

as deemed appropriate by the court.

(3.5) The written memorialization of the request for

approval and the written approval by the State's Attorney may

be in any format, including via facsimile, email, or otherwise,

so long as it is capable of being filed with the circuit clerk.

(3.10) Beginning March 1, 2015, each State's Attorney shall

annually submit a report to the General Assembly disclosing:

(A) the number of requests for each qualified offense

for approval under this subsection; and

(B) the number of approvals for each qualified offense

given by the State's Attorney.

(4) Admissibility of evidence. No part of the contents of

any wire, electronic, or oral communication that has been

recorded or intercepted as a result of this exception may be

received in evidence in any trial, hearing, or other proceeding

in or before any court, grand jury, department, officer,

agency, regulatory body, legislative committee, or other

authority of this State, or a political subdivision of the

State, other than in a prosecution of:

(A) the qualified offense for which approval was given

to record or intercept a conversation under this subsection

(q);

(B) a forcible felony committed directly in the course

of the investigation of the qualified offense for which

approval was given to record or intercept a conversation

under this subsection (q); or

(C) any other forcible felony committed while the

recording or interception was approved in accordance with

this subsection (q), but for this specific category of

prosecutions, only if the law enforcement officer or person

acting at the direction of a law enforcement officer who

has consented to the conversation being intercepted or

recorded suffers great bodily injury or is killed during

the commission of the charged forcible felony.

(5) Compliance with the provisions of this subsection is a

prerequisite to the admissibility in evidence of any part of

the contents of any wire, electronic or oral communication that

has been intercepted as a result of this exception, but nothing

in this subsection shall be deemed to prevent a court from

otherwise excluding the evidence on any other ground recognized

by State or federal law, nor shall anything in this subsection

be deemed to prevent a court from independently reviewing the

admissibility of the evidence for compliance with the Fourth

Amendment to the U.S. Constitution or with Article I, Section 6

of the Illinois Constitution.

(6) Use of recordings or intercepts unrelated to qualified

offenses. Whenever any private conversation or private

electronic communication has been recorded or intercepted as a

result of this exception that is not related to an offense for

which the recording or intercept is admissible under paragraph

(4) of this subsection (q), no part of the contents of the

communication and evidence derived from the communication may

be received in evidence in any trial, hearing, or other

proceeding in or before any court, grand jury, department,

officer, agency, regulatory body, legislative committee, or

other authority of this State, or a political subdivision of

the State, nor may it be publicly disclosed in any way.

(6.5) The Department of State Police shall adopt rules as

are necessary concerning the use of devices, retention of

recordings, and reports regarding their use under this

subsection (q).

(7) Definitions. For the purposes of this subsection (q)

only:

"Forcible felony" includes and is limited to those

offenses contained in Section 2-8 of the Criminal Code of

1961 as of the effective date of this amendatory Act of the

97th General Assembly, and only as those offenses have been

defined by law or judicial interpretation as of that date.

"Qualified offense" means and is limited to:

(A) a felony violation of the Cannabis Control Act,

the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

except for violations of:

(i) Section 4 of the Cannabis Control Act;

(ii) Section 402 of the Illinois Controlled

Substances Act; and

(iii) Section 60 of the Methamphetamine

Control and Community Protection Act; and

(B) first degree murder, solicitation of murder

for hire, predatory criminal sexual assault of a child,

criminal sexual assault, aggravated criminal sexual

assault, aggravated arson, kidnapping, aggravated

kidnapping, child abduction, trafficking in persons,

involuntary servitude, involuntary sexual servitude of

a minor, or gunrunning.

"State's Attorney" includes and is limited to the

State's Attorney or an assistant State's Attorney

designated by the State's Attorney to provide verbal

approval to record or intercept conversations under this

subsection (q).

(8) Sunset. This subsection (q) is inoperative on and after

January 1, 2023 2020. No conversations intercepted pursuant to

this subsection (q), while operative, shall be inadmissible in

a court of law by virtue of the inoperability of this

subsection (q) on January 1, 2023 2020.

(9) Recordings, records, and custody. Any private

conversation or private electronic communication intercepted

by a law enforcement officer or a person acting at the

direction of law enforcement shall, if practicable, be recorded

in such a way as will protect the recording from editing or

other alteration. Any and all original recordings made under

this subsection (q) shall be inventoried without unnecessary

delay pursuant to the law enforcement agency's policies for

inventorying evidence. The original recordings shall not be

destroyed except upon an order of a court of competent

jurisdiction; and

(r) Electronic recordings, including but not limited to,

motion picture, videotape, digital, or other visual or audio

recording, made of a lineup under Section 107A-2 of the Code of

Criminal Procedure of 1963.

(Source: P.A. 100-572, eff. 12-29-17.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

the following:

(1) Peace officers, and any person summoned by a peace

officer to assist in making arrests or preserving the

peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense,

while in the performance of their official duty, or while

commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard or the

Reserve Officers Training Corps, while in the performance

of their official duty.

(4) Special agents employed by a railroad or a public

utility to perform police functions, and guards of armored

car companies, while actually engaged in the performance of

the duties of their employment or commuting between their

homes and places of employment; and watchmen while actually

engaged in the performance of the duties of their

employment.

(5) Persons licensed as private security contractors,

private detectives, or private alarm contractors, or

employed by a private security contractor, private

detective, or private alarm contractor agency licensed by

the Department of Financial and Professional Regulation,

if their duties include the carrying of a weapon under the

provisions of the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Act of

2004, while actually engaged in the performance of the

duties of their employment or commuting between their homes

and places of employment. A person shall be considered

eligible for this exemption if he or she has completed the

required 20 hours of training for a private security

contractor, private detective, or private alarm

contractor, or employee of a licensed private security

contractor, private detective, or private alarm contractor

agency and 20 hours of required firearm training, and has

been issued a firearm control card by the Department of

Financial and Professional Regulation. Conditions for the

renewal of firearm control cards issued under the

provisions of this Section shall be the same as for those

cards issued under the provisions of the Private Detective,

Private Alarm, Private Security, Fingerprint Vendor, and

Locksmith Act of 2004. The firearm control card shall be

carried by the private security contractor, private

detective, or private alarm contractor, or employee of the

licensed private security contractor, private detective,

or private alarm contractor agency at all times when he or

she is in possession of a concealable weapon permitted by

his or her firearm control card.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection

of persons employed and private property related to such

commercial or industrial operation, while actually engaged

in the performance of his or her duty or traveling between

sites or properties belonging to the employer, and who, as

a security guard, is a member of a security force

registered with the Department of Financial and

Professional Regulation; provided that such security guard

has successfully completed a course of study, approved by

and supervised by the Department of Financial and

Professional Regulation, consisting of not less than 40

hours of training that includes the theory of law

enforcement, liability for acts, and the handling of

weapons. A person shall be considered eligible for this

exemption if he or she has completed the required 20 hours

of training for a security officer and 20 hours of required

firearm training, and has been issued a firearm control

card by the Department of Financial and Professional

Regulation. Conditions for the renewal of firearm control

cards issued under the provisions of this Section shall be

the same as for those cards issued under the provisions of

the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004. The firearm

control card shall be carried by the security guard at all

times when he or she is in possession of a concealable

weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the

Commission to carry the weapons specified in subsections

24-1(a)(3) and 24-1(a)(4), while on duty in the course of

any investigation for the Commission.

(8) Persons employed by a financial institution as a

security guard for the protection of other employees and

property related to such financial institution, while

actually engaged in the performance of their duties,

commuting between their homes and places of employment, or

traveling between sites or properties owned or operated by

such financial institution, and who, as a security guard,

is a member of a security force registered with the

Department; provided that any person so employed has

successfully completed a course of study, approved by and

supervised by the Department of Financial and Professional

Regulation, consisting of not less than 40 hours of

training which includes theory of law enforcement,

liability for acts, and the handling of weapons. A person

shall be considered to be eligible for this exemption if he

or she has completed the required 20 hours of training for

a security officer and 20 hours of required firearm

training, and has been issued a firearm control card by the

Department of Financial and Professional Regulation.

Conditions for renewal of firearm control cards issued

under the provisions of this Section shall be the same as

for those issued under the provisions of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. The firearm control card

shall be carried by the security guard at all times when he

or she is in possession of a concealable weapon permitted

by his or her firearm control card. For purposes of this

subsection, "financial institution" means a bank, savings

and loan association, credit union or company providing

armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the

performance of his duties.

(10) Persons who have been classified as peace officers

pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of

governors of the Office of the State's Attorneys Appellate

Prosecutor to carry weapons pursuant to Section 7.06 of the

State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of

their duties, or while commuting between their homes,

places of employment or specific locations that are part of

their assigned duties, with the consent of the chief judge

of the circuit for which they are employed, if they have

received weapons training according to requirements of the

Peace Officer and Probation Officer Firearm Training Act.

(13) Court Security Officers while in the performance

of their official duties, or while commuting between their

homes and places of employment, with the consent of the

Sheriff.

(13.5) A person employed as an armed security guard at

a nuclear energy, storage, weapons or development site or

facility regulated by the Nuclear Regulatory Commission

who has completed the background screening and training

mandated by the rules and regulations of the Nuclear

Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through

(13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect any person carrying a concealed pistol, revolver,

or handgun and the person has been issued a currently valid

license under the Firearm Concealed Carry Act at the time of

the commission of the offense.

(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect a qualified current or retired law enforcement

officer qualified under the laws of this State or under the

federal Law Enforcement Officers Safety Act.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for

the purpose of practicing shooting at targets upon

established target ranges, whether public or private, and

patrons of such ranges, while such members or patrons are

using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the

Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a

non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun

gun or taser or other firearm on the land or in the legal

dwelling of another person as an invitee with that person's

permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any

of the following:

(1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through

(3) of this subsection to possess machine guns, if the

machine guns are broken down in a non-functioning state or

are not immediately accessible.

(5) Persons licensed under federal law to manufacture

any weapon from which 8 or more shots or bullets can be

discharged by a single function of the firing device, or

ammunition for such weapons, and actually engaged in the

business of manufacturing such weapons or ammunition, but

only with respect to activities which are within the lawful

scope of such business, such as the manufacture,

transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private

possession of any weapon from which 8 or more shots or

bullets can be discharged by a single function of the

firing device, but only such possession and activities as

are within the lawful scope of a licensed manufacturing

business described in this paragraph.

During transportation, such weapons shall be broken

down in a non-functioning state or not immediately

accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental

activities necessary thereto, of rifles, shotguns, and

weapons made from rifles or shotguns, or ammunition for

such rifles, shotguns or weapons, where engaged in by a

person operating as a contractor or subcontractor pursuant

to a contract or subcontract for the development and supply

of such rifles, shotguns, weapons or ammunition to the

United States government or any branch of the Armed Forces

of the United States, when such activities are necessary

and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such

contractor or subcontractor who is operating within the

scope of his employment, where such activities involving

such weapon, weapons or ammunition are necessary and

incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or

barrels less than 16 inches in length if: (A) the person

has been issued a Curios and Relics license from the U.S.

Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

the person is an active member of a bona fide, nationally

recognized military re-enacting group and the modification

is required and necessary to accurately portray the weapon

for historical re-enactment purposes; the re-enactor is in

possession of a valid and current re-enacting group

membership credential; and the overall length of the weapon

as modified is not less than 26 inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase,

possession or carrying of a black-jack or slung-shot by a peace

officer.

(e) Subsection 24-1(a)(8) does not apply to any owner,

manager or authorized employee of any place specified in that

subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

Section 24-1.6 do not apply to members of any club or

organization organized for the purpose of practicing shooting

at targets upon established target ranges, whether public or

private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

to:

(1) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(2) Bonafide collectors of antique or surplus military

ordnance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of

ammunition or explosive ordnance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed

by the federal government, in connection with the supply of

those organizations and persons exempted by subdivision

(g)(1) of this Section, or like organizations and persons

outside this State, or the transportation of explosive

bullets to any organization or person exempted in this

Section by a common carrier or by a vehicle owned or leased

by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect

persons licensed under federal law to manufacture any device or

attachment of any kind designed, used, or intended for use in

silencing the report of any firearm, firearms, or ammunition

for those firearms equipped with those devices, and actually

engaged in the business of manufacturing those devices,

firearms, or ammunition, but only with respect to activities

that are within the lawful scope of that business, such as the

manufacture, transportation, or testing of those devices,

firearms, or ammunition. This exemption does not authorize the

general private possession of any device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm, but only such possession and activities

as are within the lawful scope of a licensed manufacturing

business described in this subsection (g-5). During

transportation, these devices shall be detached from any weapon

or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any parole agent or parole

supervisor who meets the qualifications and conditions

prescribed in Section 3-14-1.5 of the Unified Code of

Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace

officer while serving as a member of a tactical response team

or special operations team. A peace officer may not personally

own or apply for ownership of a device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm. These devices shall be owned and

maintained by lawfully recognized units of government whose

duties include the investigation of criminal acts.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

athlete's possession, transport on official Olympic and

Paralympic transit systems established for athletes, or use of

competition firearms sanctioned by the International Olympic

Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting in

connection with such athlete's training for and participation

in shooting competitions at the 2016 Olympic and Paralympic

Games and sanctioned test events leading up to the 2016 Olympic

and Paralympic Games.

(h) An information or indictment based upon a violation of

any subsection of this Article need not negative any exemptions

contained in this Article. The defendant shall have the burden

of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or

affect the transportation, carrying, or possession, of any

pistol or revolver, stun gun, taser, or other firearm consigned

to a common carrier operating under license of the State of

Illinois or the federal government, where such transportation,

carrying, or possession is incident to the lawful

transportation in which such common carrier is engaged; and

nothing in this Article shall prohibit, apply to, or affect the

transportation, carrying, or possession of any pistol,

revolver, stun gun, taser, or other firearm, not the subject of

and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

this Article, which is unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container, by the

possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)

Section 99. Effective date. This Act takes effect upon

becoming law.