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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5300 Introduced , by Rep. Michael Unes SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that the unlawful use of weapons provision prohibiting a person from possessing certain rifles does not apply to the manufacture or sale of rifles having a barrel of less than 16 inches by a person licensed under federal law to a person authorized under the Code to possess those rifles. Effective immediately.
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| | A BILL FOR |
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| | HB5300 | | LRB098 19357 RLC 54510 b |
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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 an agency
certified by the Department of |
| 10 | | Financial and Professional Regulation, if their duties
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| 11 | | include the carrying of a weapon under the provisions of |
| 12 | | the Private
Detective, Private Alarm,
Private Security, |
| 13 | | Fingerprint Vendor, and Locksmith Act of 2004,
while |
| 14 | | actually
engaged in the performance of the duties of their |
| 15 | | employment or commuting
between their homes and places of |
| 16 | | employment, provided that such commuting
is accomplished |
| 17 | | within one hour from departure from home or place of
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| 18 | | employment, as the case may be. A person shall be |
| 19 | | considered eligible for this
exemption if he or she has |
| 20 | | completed the required 20
hours of training for a private |
| 21 | | security contractor, private
detective, or private alarm |
| 22 | | contractor, or employee of a licensed agency and 20 hours |
| 23 | | of required firearm
training, and has been issued a firearm |
| 24 | | control card by
the Department of Financial and |
| 25 | | Professional Regulation. Conditions for the renewal of
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| 26 | | firearm control cards issued under the provisions of this |
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| 1 | | Section
shall be the same as for those cards issued under |
| 2 | | the provisions of the
Private Detective, Private Alarm,
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| 3 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
| 4 | | 2004. The
firearm control card shall be carried by the |
| 5 | | private security contractor, private
detective, or private |
| 6 | | alarm contractor, or employee of the licensed agency at all
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| 7 | | times when he or she is in possession of a concealable |
| 8 | | weapon.
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| 9 | | (6) Any person regularly employed in a commercial or |
| 10 | | industrial
operation as a security guard for the protection |
| 11 | | of persons employed
and private property related to such |
| 12 | | commercial or industrial
operation, while actually engaged |
| 13 | | in the performance of his or her
duty or traveling between |
| 14 | | sites or properties belonging to the
employer, and who, as |
| 15 | | a security guard, is a member of a security force of
at |
| 16 | | least 5 persons registered with the Department of Financial |
| 17 | | and Professional
Regulation; provided that such security |
| 18 | | guard has successfully completed a
course of study, |
| 19 | | approved by and supervised by the Department of
Financial |
| 20 | | and Professional Regulation, consisting of not less than 40 |
| 21 | | hours of training
that includes the theory of law |
| 22 | | enforcement, liability for acts, and the
handling of |
| 23 | | weapons. A person shall be considered eligible for this
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| 24 | | exemption if he or she has completed the required 20
hours |
| 25 | | of training for a security officer 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 security guard at all
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| 8 | | times when he or she is in possession of a concealable |
| 9 | | weapon.
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| 10 | | (7) Agents and investigators of the Illinois |
| 11 | | Legislative Investigating
Commission authorized by the |
| 12 | | Commission to carry the weapons specified in
subsections |
| 13 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| 14 | | any investigation for the Commission.
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| 15 | | (8) Persons employed by a financial institution for the |
| 16 | | protection of
other employees and property related to such |
| 17 | | financial institution, while
actually engaged in the |
| 18 | | performance of their duties, commuting between
their homes |
| 19 | | and places of employment, or traveling between sites or
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| 20 | | properties owned or operated by such financial |
| 21 | | institution, provided that
any person so employed has |
| 22 | | successfully completed a course of study,
approved by and |
| 23 | | supervised by the Department of Financial and Professional |
| 24 | | Regulation,
consisting of not less than 40 hours of |
| 25 | | training which includes theory of
law enforcement, |
| 26 | | liability for acts, and the handling of weapons.
A person |
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| 1 | | shall be considered to be eligible for this exemption if he |
| 2 | | or
she has completed the required 20 hours of training for |
| 3 | | a security officer
and 20 hours of required firearm |
| 4 | | training, and has been issued a
firearm control card by the |
| 5 | | Department of Financial and Professional Regulation.
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| 6 | | Conditions for renewal of firearm control cards issued |
| 7 | | under the
provisions of this Section shall be the same as |
| 8 | | for those issued under the
provisions of the Private |
| 9 | | Detective, Private Alarm,
Private Security, Fingerprint |
| 10 | | Vendor, and Locksmith Act of 2004.
Such firearm control |
| 11 | | card shall be carried by the person so
trained at all times |
| 12 | | when such person is in possession of a concealable
weapon. |
| 13 | | For purposes of this subsection, "financial institution" |
| 14 | | means a
bank, savings and loan association, credit union or |
| 15 | | company providing
armored car services.
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| 16 | | (9) Any person employed by an armored car company to |
| 17 | | drive an armored
car, while actually engaged in the |
| 18 | | performance of his duties.
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| 19 | | (10) Persons who have been classified as peace officers |
| 20 | | pursuant
to the Peace Officer Fire Investigation Act.
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| 21 | | (11) Investigators of the Office of the State's |
| 22 | | Attorneys Appellate
Prosecutor authorized by the board of |
| 23 | | governors of the Office of the
State's Attorneys Appellate |
| 24 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
| 25 | | State's Attorneys Appellate Prosecutor's Act.
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| 26 | | (12) Special investigators appointed by a State's |
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| 1 | | Attorney under
Section 3-9005 of the Counties Code.
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| 2 | | (12.5) Probation officers while in the performance of |
| 3 | | their duties, or
while commuting between their homes, |
| 4 | | places of employment or specific locations
that are part of |
| 5 | | their assigned duties, with the consent of the chief judge |
| 6 | | of
the circuit for which they are employed.
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| 7 | | (13) Court Security Officers while in the performance |
| 8 | | of their official
duties, or while commuting between their |
| 9 | | homes and places of employment, with
the
consent of the |
| 10 | | Sheriff.
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| 11 | | (13.5) A person employed as an armed security guard at |
| 12 | | a nuclear energy,
storage, weapons or development site or |
| 13 | | facility regulated by the Nuclear
Regulatory Commission |
| 14 | | who has completed the background screening and training
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| 15 | | mandated by the rules and regulations of the Nuclear |
| 16 | | Regulatory Commission.
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| 17 | | (14) Manufacture, transportation, or sale of weapons |
| 18 | | to
persons
authorized under subdivisions (1) through |
| 19 | | (13.5) of this
subsection
to
possess those weapons.
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| 20 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
| 21 | | to
or affect any person carrying a concealed pistol, revolver, |
| 22 | | or handgun and the person has been issued a currently valid |
| 23 | | license under the Firearm Concealed Carry Act at the time of |
| 24 | | the commission of the offense. |
| 25 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
| 26 | | 24-1.6 do not
apply to or affect
any of the following:
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| 1 | | (1) Members of any club or organization organized for |
| 2 | | the purpose of
practicing shooting at targets upon |
| 3 | | established target ranges, whether
public or private, and |
| 4 | | patrons of such ranges, while such members
or patrons are |
| 5 | | using their firearms on those target ranges.
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| 6 | | (2) Duly authorized military or civil organizations |
| 7 | | while parading,
with the special permission of the |
| 8 | | Governor.
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| 9 | | (3) Hunters, trappers or fishermen with a license or
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| 10 | | permit while engaged in hunting,
trapping or fishing.
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| 11 | | (4) Transportation of weapons that are broken down in a
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| 12 | | non-functioning state or are not immediately accessible.
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| 13 | | (5) Carrying or possessing any pistol, revolver, stun |
| 14 | | gun or taser or other firearm on the land or in the legal |
| 15 | | dwelling of another person as an invitee with that person's |
| 16 | | permission. |
| 17 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| 18 | | of the
following:
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| 19 | | (1) Peace officers while in performance of their |
| 20 | | official duties.
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| 21 | | (2) Wardens, superintendents and keepers of prisons, |
| 22 | | penitentiaries,
jails and other institutions for the |
| 23 | | detention of persons accused or
convicted of an offense.
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| 24 | | (3) Members of the Armed Services or Reserve Forces of |
| 25 | | the United States
or the Illinois National Guard, while in |
| 26 | | the performance of their official
duty.
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| 1 | | (4) Manufacture, transportation, or sale of machine |
| 2 | | guns to persons
authorized under subdivisions (1) through |
| 3 | | (3) of this subsection to
possess machine guns, if the |
| 4 | | machine guns are broken down in a
non-functioning state or |
| 5 | | are not immediately accessible.
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| 6 | | (5) Persons licensed under federal law to manufacture |
| 7 | | any weapon from
which 8 or more shots or bullets can be |
| 8 | | discharged by a
single function of the firing device, or |
| 9 | | ammunition for such weapons, and
actually engaged in the |
| 10 | | business of manufacturing such weapons or
ammunition, but |
| 11 | | only with respect to activities which are within the lawful
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| 12 | | scope of such business, such as the manufacture, |
| 13 | | transportation, or testing
of such weapons or ammunition. |
| 14 | | This exemption does not authorize the
general private |
| 15 | | possession of any weapon from which 8 or more
shots or |
| 16 | | bullets can be discharged by a single function of the |
| 17 | | firing
device, but only such possession and activities as |
| 18 | | are within the lawful
scope of a licensed manufacturing |
| 19 | | business described in this paragraph.
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| 20 | | During transportation, such weapons shall be broken |
| 21 | | down in a
non-functioning state or not immediately |
| 22 | | accessible.
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| 23 | | (6) The manufacture, transport, testing, delivery, |
| 24 | | transfer or sale,
and all lawful commercial or experimental |
| 25 | | activities necessary thereto, of
rifles, shotguns, and |
| 26 | | weapons made from rifles or shotguns,
or ammunition for |
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| 1 | | such rifles, shotguns or weapons, where engaged in
by a |
| 2 | | person operating as a contractor or subcontractor pursuant |
| 3 | | to a
contract or subcontract for the development and supply |
| 4 | | of such rifles,
shotguns, weapons or ammunition to the |
| 5 | | United States government or any
branch of the Armed Forces |
| 6 | | of the United States, when such activities are
necessary |
| 7 | | and incident to fulfilling the terms of such contract.
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| 8 | | The exemption granted under this subdivision (c)(6)
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| 9 | | shall also apply to any authorized agent of any such |
| 10 | | contractor or
subcontractor who is operating within the |
| 11 | | scope of his employment, where
such activities involving |
| 12 | | such weapon, weapons or ammunition are necessary
and |
| 13 | | incident to fulfilling the terms of such contract.
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| 14 | | (7) A person possessing a rifle with a barrel or |
| 15 | | barrels less than 16 inches in length if: (A) the person |
| 16 | | has been issued a Curios and Relics license from the U.S. |
| 17 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
| 18 | | the person is an active member of a bona fide, nationally |
| 19 | | recognized military re-enacting group and the modification |
| 20 | | is required and necessary to accurately portray the weapon |
| 21 | | for historical re-enactment purposes; the re-enactor is in |
| 22 | | possession of a valid and current re-enacting group |
| 23 | | membership credential; and the overall length of the weapon |
| 24 | | as modified is not less than 26 inches. |
| 25 | | (8) The manufacture or sale of rifles having a barrel |
| 26 | | of less than 16 inches by a person licensed under federal |
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| 1 | | law to a person authorized under this Code to possess those |
| 2 | | rifles. |
| 3 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
| 4 | | possession
or carrying of a black-jack or slung-shot by a peace |
| 5 | | officer.
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| 6 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
| 7 | | manager or
authorized employee of any place specified in that |
| 8 | | subsection nor to any
law enforcement officer.
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| 9 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| 10 | | Section 24-1.6
do not apply
to members of any club or |
| 11 | | organization organized for the purpose of practicing
shooting |
| 12 | | at targets upon established target ranges, whether public or |
| 13 | | private,
while using their firearms on those target ranges.
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| 14 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| 15 | | to:
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| 16 | | (1) Members of the Armed Services or Reserve Forces of |
| 17 | | the United
States or the Illinois National Guard, while in |
| 18 | | the performance of their
official duty.
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| 19 | | (2) Bonafide collectors of antique or surplus military |
| 20 | | ordinance.
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| 21 | | (3) Laboratories having a department of forensic |
| 22 | | ballistics, or
specializing in the development of |
| 23 | | ammunition or explosive ordinance.
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| 24 | | (4) Commerce, preparation, assembly or possession of |
| 25 | | explosive
bullets by manufacturers of ammunition licensed |
| 26 | | by the federal government,
in connection with the supply of |
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| 1 | | those organizations and persons exempted
by subdivision |
| 2 | | (g)(1) of this Section, or like organizations and persons
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| 3 | | outside this State, or the transportation of explosive |
| 4 | | bullets to any
organization or person exempted in this |
| 5 | | Section by a common carrier or by a
vehicle owned or leased |
| 6 | | by an exempted manufacturer.
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| 7 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
| 8 | | persons licensed
under federal law to manufacture any device or |
| 9 | | attachment of any kind designed,
used, or intended for use in |
| 10 | | silencing the report of any firearm, firearms, or
ammunition
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| 11 | | for those firearms equipped with those devices, and actually |
| 12 | | engaged in the
business of manufacturing those devices, |
| 13 | | firearms, or ammunition, but only with
respect to
activities |
| 14 | | that are within the lawful scope of that business, such as the
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| 15 | | manufacture, transportation, or testing of those devices, |
| 16 | | firearms, or
ammunition. This
exemption does not authorize the |
| 17 | | general private possession of any device or
attachment of any |
| 18 | | kind designed, used, or intended for use in silencing the
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| 19 | | report of any firearm, but only such possession and activities |
| 20 | | as are within
the
lawful scope of a licensed manufacturing |
| 21 | | business described in this subsection
(g-5). During |
| 22 | | transportation, these devices shall be detached from any weapon
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| 23 | | or
not immediately accessible.
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| 24 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 25 | | 24-1.6 do not apply to
or affect any parole agent or parole |
| 26 | | supervisor who meets the qualifications and conditions |
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| 1 | | prescribed in Section 3-14-1.5 of the Unified Code of |
| 2 | | Corrections. |
| 3 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
| 4 | | officer while serving as a member of a tactical response team |
| 5 | | or special operations team. A peace officer may not personally |
| 6 | | own or apply for ownership of a device or attachment of any |
| 7 | | kind designed, used, or intended for use in silencing the |
| 8 | | report of any firearm. These devices shall be owned and |
| 9 | | maintained by lawfully recognized units of government whose |
| 10 | | duties include the investigation of criminal acts. |
| 11 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
| 12 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
| 13 | | athlete's possession, transport on official Olympic and |
| 14 | | Paralympic transit systems established for athletes, or use of |
| 15 | | competition firearms sanctioned by the International Olympic |
| 16 | | Committee, the International Paralympic Committee, the |
| 17 | | International Shooting Sport Federation, or USA Shooting in |
| 18 | | connection with such athlete's training for and participation |
| 19 | | in shooting competitions at the 2016 Olympic and Paralympic |
| 20 | | Games and sanctioned test events leading up to the 2016 Olympic |
| 21 | | and Paralympic Games. |
| 22 | | (h) An information or indictment based upon a violation of |
| 23 | | any
subsection of this Article need not negative any exemptions |
| 24 | | contained in
this Article. The defendant shall have the burden |
| 25 | | of proving such an
exemption.
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| 26 | | (i) Nothing in this Article shall prohibit, apply to, or |
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| 1 | | affect
the transportation, carrying, or possession, of any |
| 2 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
| 3 | | to a common carrier operating
under license of the State of |
| 4 | | Illinois or the federal government, where
such transportation, |
| 5 | | carrying, or possession is incident to the lawful
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| 6 | | transportation in which such common carrier is engaged; and |
| 7 | | nothing in this
Article shall prohibit, apply to, or affect the |
| 8 | | transportation, carrying,
or possession of any pistol, |
| 9 | | revolver, stun gun, taser, or other firearm,
not the subject of |
| 10 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
| 11 | | this Article, which is unloaded and enclosed in a case, firearm
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| 12 | | carrying box, shipping box, or other container, by the |
| 13 | | possessor of a valid
Firearm Owners Identification Card.
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| 14 | | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; |
| 15 | | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; |
| 16 | | 98-463, eff. 8-16-13.)
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.
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