| 
 |  | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4662   Introduced , by Rep. Margo McDermed  SYNOPSIS AS INTRODUCED:
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 |  720 ILCS 5/24-2 |  |   730 ILCS 110/17 |  |  730 ILCS 110/17.1 new |  |  730 ILCS 125/26.1 new |  |  
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 Amends the Criminal Code of 2012, the Probation and Probation Officers Act, and the County Jail Act. Permits currently-employed and qualified-retired county correctional officers and county probation officers in a county of 3,000,000 or more inhabitants to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently-employed and qualified-retired county correctional officers and county probation officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility and probation officers for adult probationers.
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  |   |      A BILL FOR |  
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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 agency licensed
by  | 
| 11 |  |  the Department of Financial and Professional Regulation,  | 
| 12 |  |  if their duties
include the carrying of a weapon under the  | 
| 13 |  |  provisions of the Private
Detective, Private Alarm,
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| 14 |  |  Private Security, Fingerprint Vendor, and Locksmith Act of  | 
| 15 |  |  2004,
while actually
engaged in the performance of the  | 
| 16 |  |  duties of their employment or commuting
between their homes  | 
| 17 |  |  and places of employment. A person shall be considered  | 
| 18 |  |  eligible for this
exemption if he or she has completed the  | 
| 19 |  |  required 20
hours of training for a private security  | 
| 20 |  |  contractor, private
detective, or private alarm  | 
| 21 |  |  contractor, or employee of a licensed private security  | 
| 22 |  |  contractor, private detective, or private alarm contractor  | 
| 23 |  |  agency and 20 hours of required firearm
training, and has  | 
| 24 |  |  been issued a firearm control card by
the Department of  | 
| 25 |  |  Financial and Professional Regulation. Conditions for the  | 
| 26 |  |  renewal of
firearm control cards issued under the  | 
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| 1 |  |  provisions of this Section
shall be the same as for those  | 
| 2 |  |  cards issued under the provisions of the
Private Detective,  | 
| 3 |  |  Private Alarm,
Private Security, Fingerprint Vendor, and  | 
| 4 |  |  Locksmith Act of 2004. The
firearm control card shall be  | 
| 5 |  |  carried by the private security contractor, private
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| 6 |  |  detective, or private alarm contractor, or employee of the  | 
| 7 |  |  licensed private security contractor, private detective,  | 
| 8 |  |  or private alarm contractor agency at all
times when he or  | 
| 9 |  |  she is in possession of a concealable weapon permitted by  | 
| 10 |  |  his or her firearm control card.
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| 11 |  |   (6) Any person regularly employed in a commercial or  | 
| 12 |  |  industrial
operation as a security guard for the protection  | 
| 13 |  |  of persons employed
and private property related to such  | 
| 14 |  |  commercial or industrial
operation, while actually engaged  | 
| 15 |  |  in the performance of his or her
duty or traveling between  | 
| 16 |  |  sites or properties belonging to the
employer, and who, as  | 
| 17 |  |  a security guard, is a member of a security force  | 
| 18 |  |  registered with the Department of Financial and  | 
| 19 |  |  Professional
Regulation; provided that such security guard  | 
| 20 |  |  has successfully completed a
course of study, approved by  | 
| 21 |  |  and supervised by the Department of
Financial and  | 
| 22 |  |  Professional Regulation, consisting of not less than 40  | 
| 23 |  |  hours of training
that includes the theory of law  | 
| 24 |  |  enforcement, liability for acts, and the
handling of  | 
| 25 |  |  weapons. A person shall be considered eligible for this
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| 26 |  |  exemption if he or she has completed the required 20
hours  | 
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| 1 |  |  of training for a security officer and 20 hours of required  | 
| 2 |  |  firearm
training, and has been issued a firearm control  | 
| 3 |  |  card by
the Department of Financial and Professional  | 
| 4 |  |  Regulation. Conditions for the renewal of
firearm control  | 
| 5 |  |  cards issued under the provisions of this Section
shall be  | 
| 6 |  |  the same as for those cards issued under the provisions of  | 
| 7 |  |  the
Private Detective, Private Alarm,
Private Security,  | 
| 8 |  |  Fingerprint Vendor, and Locksmith Act of 2004. The
firearm  | 
| 9 |  |  control card shall be carried by the security guard at all
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| 10 |  |  times when he or she is in possession of a concealable  | 
| 11 |  |  weapon permitted by his or her firearm control card.
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| 12 |  |   (7) Agents and investigators of the Illinois  | 
| 13 |  |  Legislative Investigating
Commission authorized by the  | 
| 14 |  |  Commission to carry the weapons specified in
subsections  | 
| 15 |  |  24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| 16 |  |  any investigation for the Commission.
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| 17 |  |   (8) Persons employed by a financial institution as a  | 
| 18 |  |  security guard for the protection of
other employees and  | 
| 19 |  |  property related to such financial institution, while
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| 20 |  |  actually engaged in the performance of their duties,  | 
| 21 |  |  commuting between
their homes and places of employment, or  | 
| 22 |  |  traveling between sites or
properties owned or operated by  | 
| 23 |  |  such financial institution, and who, as a security guard,  | 
| 24 |  |  is a member of a security force registered with the  | 
| 25 |  |  Department; provided that
any person so employed has  | 
| 26 |  |  successfully completed a course of study,
approved by and  | 
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| 1 |  |  supervised by the Department of Financial and Professional  | 
| 2 |  |  Regulation,
consisting of not less than 40 hours of  | 
| 3 |  |  training which includes theory of
law enforcement,  | 
| 4 |  |  liability for acts, and the handling of weapons.
A person  | 
| 5 |  |  shall be considered to be eligible for this exemption if he  | 
| 6 |  |  or
she has completed the required 20 hours of training for  | 
| 7 |  |  a security officer
and 20 hours of required firearm  | 
| 8 |  |  training, and has been issued a
firearm control card by the  | 
| 9 |  |  Department of Financial and Professional Regulation.
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| 10 |  |  Conditions for renewal of firearm control cards issued  | 
| 11 |  |  under the
provisions of this Section shall be the same as  | 
| 12 |  |  for those issued under the
provisions of the Private  | 
| 13 |  |  Detective, Private Alarm,
Private Security, Fingerprint  | 
| 14 |  |  Vendor, and Locksmith Act of 2004. The
firearm control card  | 
| 15 |  |  shall be carried by the security guard at all times when he  | 
| 16 |  |  or she is in possession of a concealable
weapon permitted  | 
| 17 |  |  by his or her firearm control card. For purposes of this  | 
| 18 |  |  subsection, "financial institution" means a
bank, savings  | 
| 19 |  |  and loan association, credit union or company providing
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| 20 |  |  armored car services.
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| 21 |  |   (9) Any person employed by an armored car company to  | 
| 22 |  |  drive an armored
car, while actually engaged in the  | 
| 23 |  |  performance of his duties.
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| 24 |  |   (10) Persons who have been classified as peace officers  | 
| 25 |  |  pursuant
to the Peace Officer Fire Investigation Act.
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| 26 |  |   (11) Investigators of the Office of the State's  | 
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| 1 |  |  Attorneys Appellate
Prosecutor authorized by the board of  | 
| 2 |  |  governors of the Office of the
State's Attorneys Appellate  | 
| 3 |  |  Prosecutor to carry weapons pursuant to
Section 7.06 of the  | 
| 4 |  |  State's Attorneys Appellate Prosecutor's Act.
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| 5 |  |   (12) Special investigators appointed by a State's  | 
| 6 |  |  Attorney under
Section 3-9005 of the Counties Code.
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| 7 |  |   (12.5) Probation officers while in the performance of  | 
| 8 |  |  their duties, or
while commuting between their homes,  | 
| 9 |  |  places of employment or specific locations
that are part of  | 
| 10 |  |  their assigned duties, with the consent of the chief judge  | 
| 11 |  |  of
the circuit for which they are employed, if they have  | 
| 12 |  |  received weapons training according
to requirements of the  | 
| 13 |  |  Peace Officer and Probation Officer Firearm Training Act.
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| 14 |  |   (13) Court Security Officers while in the performance  | 
| 15 |  |  of their official
duties, or while commuting between their  | 
| 16 |  |  homes and places of employment, with
the
consent of the  | 
| 17 |  |  Sheriff.
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| 18 |  |   (13.5) A person employed as an armed security guard at  | 
| 19 |  |  a nuclear energy,
storage, weapons or development site or  | 
| 20 |  |  facility regulated by the Nuclear
Regulatory Commission  | 
| 21 |  |  who has completed the background screening and training
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| 22 |  |  mandated by the rules and regulations of the Nuclear  | 
| 23 |  |  Regulatory Commission.
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| 24 |  |   (14) Manufacture, transportation, or sale of weapons  | 
| 25 |  |  to
persons
authorized under subdivisions (1) through  | 
| 26 |  |  (13.5) of this
subsection
to
possess those weapons.
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| 1 |  |  (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply  | 
| 2 |  | to
or affect any person carrying a concealed pistol, revolver,  | 
| 3 |  | or handgun and the person has been issued a currently valid  | 
| 4 |  | license under the Firearm Concealed Carry Act at the time of  | 
| 5 |  | the commission of the offense.  | 
| 6 |  |  (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section  | 
| 7 |  | 24-1.6 do not
apply to or affect
any of the following:
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| 8 |  |   (1) Members of any club or organization organized for  | 
| 9 |  |  the purpose of
practicing shooting at targets upon  | 
| 10 |  |  established target ranges, whether
public or private, and  | 
| 11 |  |  patrons of such ranges, while such members
or patrons are  | 
| 12 |  |  using their firearms on those target ranges.
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| 13 |  |   (2) Duly authorized military or civil organizations  | 
| 14 |  |  while parading,
with the special permission of the  | 
| 15 |  |  Governor.
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| 16 |  |   (3) Hunters, trappers or fishermen with a license or
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| 17 |  |  permit while engaged in hunting,
trapping or fishing.
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| 18 |  |   (4) Transportation of weapons that are broken down in a
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| 19 |  |  non-functioning state or are not immediately accessible.
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| 20 |  |   (5) Carrying or possessing any pistol, revolver, stun  | 
| 21 |  |  gun or taser or other firearm on the land or in the legal  | 
| 22 |  |  dwelling of another person as an invitee with that person's  | 
| 23 |  |  permission.  | 
| 24 |  |  (c) Subsection 24-1(a)(7) does not apply to or affect any  | 
| 25 |  | of the
following:
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| 26 |  |   (1) Peace officers while in performance of their  | 
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| 1 |  |  official duties.
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| 2 |  |   (2) Wardens, superintendents and keepers of prisons,  | 
| 3 |  |  penitentiaries,
jails and other institutions for the  | 
| 4 |  |  detention of persons accused or
convicted of an offense.
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| 5 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 6 |  |  the United States
or the Illinois National Guard, while in  | 
| 7 |  |  the performance of their official
duty.
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| 8 |  |   (4) Manufacture, transportation, or sale of machine  | 
| 9 |  |  guns to persons
authorized under subdivisions (1) through  | 
| 10 |  |  (3) of this subsection to
possess machine guns, if the  | 
| 11 |  |  machine guns are broken down in a
non-functioning state or  | 
| 12 |  |  are not immediately accessible.
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| 13 |  |   (5) Persons licensed under federal law to manufacture  | 
| 14 |  |  any weapon from
which 8 or more shots or bullets can be  | 
| 15 |  |  discharged by a
single function of the firing device, or  | 
| 16 |  |  ammunition for such weapons, and
actually engaged in the  | 
| 17 |  |  business of manufacturing such weapons or
ammunition, but  | 
| 18 |  |  only with respect to activities which are within the lawful
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| 19 |  |  scope of such business, such as the manufacture,  | 
| 20 |  |  transportation, or testing
of such weapons or ammunition.  | 
| 21 |  |  This exemption does not authorize the
general private  | 
| 22 |  |  possession of any weapon from which 8 or more
shots or  | 
| 23 |  |  bullets can be discharged by a single function of the  | 
| 24 |  |  firing
device, but only such possession and activities as  | 
| 25 |  |  are within the lawful
scope of a licensed manufacturing  | 
| 26 |  |  business described in this paragraph.
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| 1 |  |   During transportation, such weapons shall be broken  | 
| 2 |  |  down in a
non-functioning state or not immediately  | 
| 3 |  |  accessible.
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| 4 |  |   (6) The manufacture, transport, testing, delivery,  | 
| 5 |  |  transfer or sale,
and all lawful commercial or experimental  | 
| 6 |  |  activities necessary thereto, of
rifles, shotguns, and  | 
| 7 |  |  weapons made from rifles or shotguns,
or ammunition for  | 
| 8 |  |  such rifles, shotguns or weapons, where engaged in
by a  | 
| 9 |  |  person operating as a contractor or subcontractor pursuant  | 
| 10 |  |  to a
contract or subcontract for the development and supply  | 
| 11 |  |  of such rifles,
shotguns, weapons or ammunition to the  | 
| 12 |  |  United States government or any
branch of the Armed Forces  | 
| 13 |  |  of the United States, when such activities are
necessary  | 
| 14 |  |  and incident to fulfilling the terms of such contract.
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| 15 |  |   The exemption granted under this subdivision (c)(6)
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| 16 |  |  shall also apply to any authorized agent of any such  | 
| 17 |  |  contractor or
subcontractor who is operating within the  | 
| 18 |  |  scope of his employment, where
such activities involving  | 
| 19 |  |  such weapon, weapons or ammunition are necessary
and  | 
| 20 |  |  incident to fulfilling the terms of such contract.
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| 21 |  |   (7) A person possessing a rifle with a barrel or  | 
| 22 |  |  barrels less than 16 inches in length if: (A) the person  | 
| 23 |  |  has been issued a Curios and Relics license from the U.S.  | 
| 24 |  |  Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)  | 
| 25 |  |  the person is an active member of a bona fide, nationally  | 
| 26 |  |  recognized military re-enacting group and the modification  | 
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| 1 |  |  is required and necessary to accurately portray the weapon  | 
| 2 |  |  for historical re-enactment purposes; the re-enactor is in  | 
| 3 |  |  possession of a valid and current re-enacting group  | 
| 4 |  |  membership credential; and the overall length of the weapon  | 
| 5 |  |  as modified is not less than 26 inches. | 
| 6 |  |  (d) Subsection 24-1(a)(1) does not apply to the purchase,  | 
| 7 |  | possession
or carrying of a black-jack or slung-shot by a peace  | 
| 8 |  | officer.
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| 9 |  |  (e) Subsection 24-1(a)(8) does not apply to any owner,  | 
| 10 |  | manager or
authorized employee of any place specified in that  | 
| 11 |  | subsection nor to any
law enforcement officer.
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| 12 |  |  (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and  | 
| 13 |  | Section 24-1.6
do not apply
to members of any club or  | 
| 14 |  | organization organized for the purpose of practicing
shooting  | 
| 15 |  | at targets upon established target ranges, whether public or  | 
| 16 |  | private,
while using their firearms on those target ranges.
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| 17 |  |  (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply  | 
| 18 |  | to:
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| 19 |  |   (1) Members of the Armed Services or Reserve Forces of  | 
| 20 |  |  the United
States or the Illinois National Guard, while in  | 
| 21 |  |  the performance of their
official duty.
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| 22 |  |   (2) Bonafide collectors of antique or surplus military  | 
| 23 |  |  ordnance.
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| 24 |  |   (3) Laboratories having a department of forensic  | 
| 25 |  |  ballistics, or
specializing in the development of  | 
| 26 |  |  ammunition or explosive ordnance.
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| 1 |  |   (4) Commerce, preparation, assembly or possession of  | 
| 2 |  |  explosive
bullets by manufacturers of ammunition licensed  | 
| 3 |  |  by the federal government,
in connection with the supply of  | 
| 4 |  |  those organizations and persons exempted
by subdivision  | 
| 5 |  |  (g)(1) of this Section, or like organizations and persons
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| 6 |  |  outside this State, or the transportation of explosive  | 
| 7 |  |  bullets to any
organization or person exempted in this  | 
| 8 |  |  Section by a common carrier or by a
vehicle owned or leased  | 
| 9 |  |  by an exempted manufacturer.
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| 10 |  |  (g-5) Subsection 24-1(a)(6) does not apply to or affect  | 
| 11 |  | persons licensed
under federal law to manufacture any device or  | 
| 12 |  | attachment of any kind designed,
used, or intended for use in  | 
| 13 |  | silencing the report of any firearm, firearms, or
ammunition
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| 14 |  | for those firearms equipped with those devices, and actually  | 
| 15 |  | engaged in the
business of manufacturing those devices,  | 
| 16 |  | firearms, or ammunition, but only with
respect to
activities  | 
| 17 |  | that are within the lawful scope of that business, such as the
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| 18 |  | manufacture, transportation, or testing of those devices,  | 
| 19 |  | firearms, or
ammunition. This
exemption does not authorize the  | 
| 20 |  | general private possession of any device or
attachment of any  | 
| 21 |  | kind designed, used, or intended for use in silencing the
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| 22 |  | report of any firearm, but only such possession and activities  | 
| 23 |  | as are within
the
lawful scope of a licensed manufacturing  | 
| 24 |  | business described in this subsection
(g-5). During  | 
| 25 |  | transportation, these devices shall be detached from any weapon
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| 26 |  | or
not immediately accessible.
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| 1 |  |  (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 2 |  | 24-1.6 do not apply to
or affect any parole agent or parole  | 
| 3 |  | supervisor who meets the qualifications and conditions  | 
| 4 |  | prescribed in Section 3-14-1.5 of the Unified Code of  | 
| 5 |  | Corrections.  | 
| 6 |  |  (g-7) Subsection 24-1(a)(6) does not apply to a peace  | 
| 7 |  | officer while serving as a member of a tactical response team  | 
| 8 |  | or special operations team. A peace officer may not personally  | 
| 9 |  | own or apply for ownership of a device or attachment of any  | 
| 10 |  | kind designed, used, or intended for use in silencing the  | 
| 11 |  | report of any firearm. These devices shall be owned and  | 
| 12 |  | maintained by lawfully recognized units of government whose  | 
| 13 |  | duties include the investigation of criminal acts. | 
| 14 |  |  (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 15 |  | 24-1.6 do not apply to, or affect, any currently-employed or  | 
| 16 |  | qualified-retired county correctional officer or probation  | 
| 17 |  | officer, employed or retired from, a county of 3,000,000 or  | 
| 18 |  | more inhabitants who meets the qualifications and conditions  | 
| 19 |  | prescribed in Section 17.1 of the Probation and Probation  | 
| 20 |  | Officers Act or Section 26.1 of the
County Jail Act. | 
| 21 |  |  (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and  | 
| 22 |  | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an  | 
| 23 |  | athlete's possession, transport on official Olympic and  | 
| 24 |  | Paralympic transit systems established for athletes, or use of  | 
| 25 |  | competition firearms sanctioned by the International Olympic  | 
| 26 |  | Committee, the International Paralympic Committee, the  | 
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| 1 |  | International Shooting Sport Federation, or USA Shooting in  | 
| 2 |  | connection with such athlete's training for and participation  | 
| 3 |  | in shooting competitions at the 2016 Olympic and Paralympic  | 
| 4 |  | Games and sanctioned test events leading up to the 2016 Olympic  | 
| 5 |  | and Paralympic Games.  | 
| 6 |  |  (h) An information or indictment based upon a violation of  | 
| 7 |  | any
subsection of this Article need not negative any exemptions  | 
| 8 |  | contained in
this Article. The defendant shall have the burden  | 
| 9 |  | of proving such an
exemption.
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| 10 |  |  (i) Nothing in this Article shall prohibit, apply to, or  | 
| 11 |  | affect
the transportation, carrying, or possession, of any  | 
| 12 |  | pistol or revolver,
stun gun, taser, or other firearm consigned  | 
| 13 |  | to a common carrier operating
under license of the State of  | 
| 14 |  | Illinois or the federal government, where
such transportation,  | 
| 15 |  | carrying, or possession is incident to the lawful
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| 16 |  | transportation in which such common carrier is engaged; and  | 
| 17 |  | nothing in this
Article shall prohibit, apply to, or affect the  | 
| 18 |  | transportation, carrying,
or possession of any pistol,  | 
| 19 |  | revolver, stun gun, taser, or other firearm,
not the subject of  | 
| 20 |  | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of  | 
| 21 |  | this Article, which is unloaded and enclosed in a case, firearm
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| 22 |  | carrying box, shipping box, or other container, by the  | 
| 23 |  | possessor of a valid
Firearm Owners Identification Card.
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| 24 |  | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
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| 25 |  |  Section 10. The Probation and Probation Officers Act is  | 
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| 1 |  | amended by changing Section 17 and by adding Section 17.1 as  | 
| 2 |  | follows:
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| 3 |  |  (730 ILCS 110/17) | 
| 4 |  |  Sec. 17. Authorization to carry weapons.  Except as  | 
| 5 |  | otherwise provided in Section 17.1, probation Probation
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| 6 |  | officers may only carry weapons while in the performance of
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| 7 |  | their official duties, or while commuting between their homes,
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| 8 |  | places of employment, or specific locations that are part of
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| 9 |  | their assigned duties, provided they have received the prior
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| 10 |  | consent of the Chief Judge of the Circuit Court for which they
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| 11 |  | are employed, and they have received weapons training according
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| 12 |  | to requirements of the Peace Officer and Probation Officer  | 
| 13 |  | Firearm Training Act.
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| 14 |  | (Source: P.A. 98-725, eff. 1-1-15.)
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| 15 |  |  (730 ILCS 110/17.1 new) | 
| 16 |  |  Sec. 17.1. Probation officers in a county of 3,000,000 or  | 
| 17 |  | more inhabitants; off-duty firearms. | 
| 18 |  |  (a) In this Section: | 
| 19 |  |   "Adult probationer" means a person who committed an  | 
| 20 |  |  offense on or after his or her 18th birthday and who has  | 
| 21 |  |  been placed on probation for that offense. | 
| 22 |  |   "County probation officer" means an employee of a  | 
| 23 |  |  county probation department in a county of 3,000,000 or  | 
| 24 |  |  more inhabitant within this State who has charge over adult  | 
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| 1 |  |  probationers. | 
| 2 |  |   "Qualified-retired county probation officer" means a  | 
| 3 |  |  former county probation officer who: | 
| 4 |  |    (1) was separated from service with the county  | 
| 5 |  |  probation department in good standing; | 
| 6 |  |    (2) before the separation, was appointed as a  | 
| 7 |  |  probation officer under the Probation and Probation  | 
| 8 |  |  Officers Act; | 
| 9 |  |    (3) before the separation, served as a county  | 
| 10 |  |  probation officer for an aggregate of 10 years or more; | 
| 11 |  |    (4) has not either: | 
| 12 |  |     (A) been officially found, as the chief county  | 
| 13 |  |  probation officer shall by rule provide, by a  | 
| 14 |  |  qualified medical professional employed by the  | 
| 15 |  |  chief county probation officer to be unqualified  | 
| 16 |  |  for reasons relating to mental health and as a  | 
| 17 |  |  result of this finding will not be issued the  | 
| 18 |  |  photographic identification as described in  | 
| 19 |  |  paragraph (5) of subsection (b) of this Section; or | 
| 20 |  |     (B) entered into an agreement with the county  | 
| 21 |  |  probation department from which the individual is  | 
| 22 |  |  separated from service in which that individual  | 
| 23 |  |  acknowledges he or she is not qualified under this  | 
| 24 |  |  Section for reasons relating to mental health and  | 
| 25 |  |  for those reasons will not receive or accept the  | 
| 26 |  |  photographic identification as described in  | 
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| 1 |  |  paragraph (5) of subsection (b) of this Section; | 
| 2 |  |    (5) is not under the influence of alcohol or any  | 
| 3 |  |  other intoxicating or hallucinatory drug or substance;  | 
| 4 |  |  and | 
| 5 |  |    (6) is not prohibited by State or federal law from  | 
| 6 |  |  receiving a firearm. | 
| 7 |  |  (b) Paragraphs (4) and (10) of subsection (a) of Section  | 
| 8 |  | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not  | 
| 9 |  | apply to currently-employed or qualified-retired county  | 
| 10 |  | probation officers who meet the
following conditions: | 
| 11 |  |   (1) The currently-employed or qualified-retired county
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| 12 |  |  probation officer must receive training in the use of
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| 13 |  |  firearms while off-duty conducted by the Illinois Law
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| 14 |  |  Enforcement Training Standards Board and be certified as
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| 15 |  |  having successfully completed the training by the Board.
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| 16 |  |  The Board shall determine the amount of the training and  | 
| 17 |  |  the course content for the training. The  | 
| 18 |  |  currently-employed or qualified-retired county probation  | 
| 19 |  |  officer shall
requalify for the firearms training annually  | 
| 20 |  |  at a State
range certified by the Illinois Law Enforcement  | 
| 21 |  |  Training Standards Board. The expenses of the retraining  | 
| 22 |  |  shall be
paid by the currently-employed or  | 
| 23 |  |  qualified-retired county probation officer and moneys for  | 
| 24 |  |  the costs of the
requalification shall be expended at the  | 
| 25 |  |  request of the Illinois Law Enforcement Training Standards  | 
| 26 |  |  Board. | 
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| 1 |  |   (2) The currently-employed or qualified-retired county  | 
| 2 |  |  probation officer shall purchase the firearm at his or her  | 
| 3 |  |  own expense and shall register the firearm with the  | 
| 4 |  |  Department of State Police and with any other local law  | 
| 5 |  |  enforcement agencies that require the registration. | 
| 6 |  |   (3) The currently-employed or qualified-retired county  | 
| 7 |  |  probation officer may not carry any county probation  | 
| 8 |  |  department-issued firearm while off-duty. A person who
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| 9 |  |  violates this paragraph (3) is subject to disciplinary
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| 10 |  |  action by the chief county probation officer. | 
| 11 |  |   (4) County probation officers who are or were
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| 12 |  |  discharged from employment by the chief county probation  | 
| 13 |  |  officer shall no
longer be considered probation officers  | 
| 14 |  |  and all
their rights as probation officers shall be revoked
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| 15 |  |  permanently. | 
| 16 |  |   (5) The currently-employed or qualified-retired county  | 
| 17 |  |  probation officer shall carry a photographic  | 
| 18 |  |  identification issued by his or her agency identifying him  | 
| 19 |  |  or her as a currently-employed or qualified-retired county  | 
| 20 |  |  probation officer while carrying a firearm off-duty, along  | 
| 21 |  |  with a valid annual firearm certificate issued by the  | 
| 22 |  |  Illinois Law Enforcement Training Standards Board stating  | 
| 23 |  |  that he or she is qualified to carry a concealed weapon.
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| 24 |  |  Section 15. The County Jail Act is amended by adding  | 
| 25 |  | Section 26.1 as follows:
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| 1 |  |  (730 ILCS 125/26.1 new) | 
| 2 |  |  Sec. 26.1. County correctional officers in a county of  | 
| 3 |  | 3,000,000 or more inhabitants; off-duty firearms. | 
| 4 |  |  (a) In this Section: | 
| 5 |  |  "County correctional officer" means an employee of a county  | 
| 6 |  | sheriff's office in a county of 3,000,000 or more inhabitants  | 
| 7 |  | within this State or a county department of corrections in a  | 
| 8 |  | county of 3,000,000 or more inhabitants within this State who  | 
| 9 |  | has custody and control over adult inmates in a county jail. | 
| 10 |  |  "Qualified-retired county correctional officer" means a  | 
| 11 |  | former county correctional officer who: | 
| 12 |  |   (1) was separated from service with the county  | 
| 13 |  |  sheriff's office in good standing; | 
| 14 |  |   (2) before the separation, was authorized by law to  | 
| 15 |  |  engage in or supervise the activities of prevention,  | 
| 16 |  |  detection, investigation, prosecution, or incarceration of  | 
| 17 |  |  any person for any violation of law; | 
| 18 |  |   (3) before the separation, served as a county  | 
| 19 |  |  correctional officer for an aggregate of 10 years or more; | 
| 20 |  |   (4) has not either: | 
| 21 |  |    (A) been officially found, as the county sheriff  | 
| 22 |  |  shall by rule provide, by a qualified medical  | 
| 23 |  |  professional employed by the county sheriff to be  | 
| 24 |  |  unqualified for reasons relating to mental health and  | 
| 25 |  |  as a result of this finding will not be issued the  | 
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| 1 |  |  photographic identification as described in paragraph  | 
| 2 |  |  (5) of subsection (b) of this Section; or | 
| 3 |  |    (B) entered into an agreement with the county  | 
| 4 |  |  sheriff's office from which the individual is  | 
| 5 |  |  separated form service in which that individual  | 
| 6 |  |  acknowledges he or she is not qualified under this  | 
| 7 |  |  Section for reasons relating to mental health and for  | 
| 8 |  |  those reasons will not receive or accept the  | 
| 9 |  |  photographic identification as described in paragraph  | 
| 10 |  |  (5) of subsection (b) of this Section; | 
| 11 |  |   (5) is not under the influence of alcohol or any other  | 
| 12 |  |  intoxicating or hallucinatory drug or substance; and | 
| 13 |  |   (6) is not prohibited by State or federal law from  | 
| 14 |  |  receiving a firearm. | 
| 15 |  |  (b) Paragraphs (4) and (10) of subsection (a) of Section  | 
| 16 |  | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not  | 
| 17 |  | apply to currently-employed or qualified-retired county  | 
| 18 |  | correctional officers who meet the
following conditions: | 
| 19 |  |   (1) The currently-employed or qualified-retired county
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| 20 |  |  correctional officer must receive training in the use of
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| 21 |  |  firearms while off-duty conducted by the Illinois Law
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| 22 |  |  Enforcement Training Standards Board and be certified as
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| 23 |  |  having successfully completed the training by the Board.
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| 24 |  |  The Board shall determine the amount of the training and  | 
| 25 |  |  the course content for the training. The  | 
| 26 |  |  currently-employed or qualified-retired county  | 
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| 1 |  |  correctional officer shall
requalify for the firearms  | 
| 2 |  |  training annually at a State
range certified by the  | 
| 3 |  |  Illinois Law Enforcement Training Standards Board. The  | 
| 4 |  |  expenses of the retraining shall be
paid by the  | 
| 5 |  |  currently-employed or qualified-retired county  | 
| 6 |  |  correctional officer and moneys for the costs of the
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| 7 |  |  requalification shall be expended at the request of the  | 
| 8 |  |  Illinois Law Enforcement Training Standards Board. | 
| 9 |  |   (2) The currently-employed or qualified-retired county  | 
| 10 |  |  correctional officer shall purchase the firearm at his or  | 
| 11 |  |  her own expense and shall register the firearm with the  | 
| 12 |  |  Department of State Police and with any other local law  | 
| 13 |  |  enforcement agencies that require the registration. | 
| 14 |  |   (3) The currently-employed or qualified-retired county  | 
| 15 |  |  correctional officer may not carry any county  | 
| 16 |  |  sheriff-issued firearm while off-duty. A person who
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| 17 |  |  violates this paragraph (3) is subject to disciplinary
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| 18 |  |  action by the county sheriff. | 
| 19 |  |   (4) County correctional officers who are or were
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| 20 |  |  discharged from employment by the county sheriff shall no
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| 21 |  |  longer be considered law enforcement officials and all
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| 22 |  |  their rights as law enforcement officials shall be revoked
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| 23 |  |  permanently. | 
| 24 |  |   (5) The currently-employed or qualified-retired county  | 
| 25 |  |  correctional officer shall carry a photographic  | 
| 26 |  |  identification issued by his or her agency identifying him  |