101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4240
 
Introduced , by Rep. Thomas M. Bennett
 
SYNOPSIS AS INTRODUCED:



   
50 ILCS 705/2 from Ch. 85, par. 502
720 ILCS 5/24-2

 Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed firearm. Amends the Criminal Code of 2012. Permits employed and qualified retired State correctional officers and county correctional officers 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 employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Provides that the exemption only applies to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.



LRB101 17180 RLC 66581 b


 
 
A BILL FOR
 


HB4240LRB101 17180 RLC 66581 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Illinois Police Training Act is amended by 
5changing Section 2 as follows:




6 (50 ILCS 705/2) (from Ch. 85, par. 502)



7 Sec. 2. Definitions. As used in this Act, unless the 
8context otherwise
requires:

9 "Board" means the Illinois Law Enforcement Training 
10Standards Board.

11 "Local governmental agency" means any local governmental 
12unit or
municipal corporation in this State. It does not 
13include the State of
Illinois or any office, officer, 
14department, division, bureau, board,
commission, or agency of 
15the State, except that it does include a
State-controlled 
16university, college or public community college.

17 "Police training school" means any school located within 
18the State of
Illinois whether privately or publicly owned which 
19offers a course in
police or county corrections training and 
20has been approved by the Board.

21 "Probationary police officer" means a recruit law 
22enforcement officer
required to successfully complete initial 
23minimum basic training requirements
at a police training school 
 
 
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1to be eligible for permanent full-time
employment as a local 
2law enforcement officer.

3 "Probationary part-time police officer" means a recruit 
4part-time law
enforcement officer required to successfully 
5complete initial minimum part-time
training requirements to be 
6eligible for employment on a part-time basis as a
local law 
7enforcement officer.

8 "Permanent police officer" means a law enforcement officer 
9who has
completed his or her probationary period and is 
10permanently employed on a
full-time basis as a local law 
11enforcement officer by a participating local
governmental unit 
12or as a security officer or campus policeman permanently

13employed by a participating State-controlled university, 
14college, or public
community college.

15 "Part-time police officer" means a law enforcement officer 
16who has
completed his or her probationary period and is 
17employed on a part-time basis
as a law enforcement officer by a 
18participating unit of local government or as
a campus policeman 
19by a participating State-controlled university, college, or

20public community college.

21 "Law enforcement officer" means an employee of a 
22governmental agency who:
23  (1) is authorized by law to engage in or supervise the 
24 prevention, detection, investigation, or prosecution of, 
25 or the incarceration of any person for any violation of law 
26 and has statutory powers of arrest or apprehension granted 
 
 
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1 by statute; 
2  (2) is authorized by the agency to carry a firearm; 
3  (3) is not the subject of any disciplinary action by 
4 the agency which could result in suspension or loss of 
5 police powers;
6  (4) meets standards, if any, established by the agency 
7 which require the employee to regularly qualify in the use 
8 of a firearm; 
9  (5) is not under the influence of alcohol or another 
10 intoxicating or hallucinatory drug or substance; and
11  (6) is not prohibited by federal law from carrying a 
12 firearm. (i) any police officer of a local governmental

13 agency who is primarily responsible for
prevention or 
14 detection of crime and the enforcement of the criminal 
15 code,
traffic, or highway laws of this State or any 
16 political subdivision
of this State or (ii) any member of a 
17 police force appointed and maintained as provided in 
18 Section 2 of the Railroad Police Act.

19 "Recruit" means any full-time or part-time law
enforcement 
20officer or
full-time
county corrections officer who is enrolled 
21in an
approved training course.

22 "Retired law enforcement officer qualified under federal 
23law" means an individual who: 
24  (1) separated in good standing from service with a 
25 public agency as a law enforcement officer, other than for 
26 reasons of mental disability; 
 
 
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1  (2) before such separation, was authorized by law to 
2 engage in or supervise the prevention, detection, 
3 investigation, or prosecution of, or the incarceration of 
4 any person for, any violation of law, and had statutory 
5 powers of arrest or apprehension granted by statute; 
6  (3) served as a law enforcement officer for an 
7 aggregate of 10 years or more before his or her separation 
8 in good standing from service with his or her agency, or 
9 separated from service in good standing, after completing 
10 any applicable probationary period of service, due to a 
11 service-connected disability as determined by the agency; 
12  (4) has met State firearms training and qualifications 
13 that are the same as the training and qualifications for 
14 active duty officers; 
15  (5) is not under the influence of alcohol or another 
16 intoxicating or hallucinatory drug or substance; and 
17  (6) is not prohibited by federal law from carrying a 
18 firearm. 
19 "Probationary county corrections officer" means a recruit 
20county
corrections officer required to successfully complete 
21initial minimum basic
training requirements at a police 
22training school to be eligible for permanent
employment on a 
23full-time basis as a county corrections officer.

24 "Permanent county corrections officer" means a county 
25corrections
officer who has completed his probationary period 
26and is permanently employed
on a full-time basis as a county 
 
 
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1corrections officer by a participating
local governmental 
2unit.

3 "County corrections officer" means any sworn
officer of the 
4sheriff who is primarily responsible for the control and 
5custody
of offenders, detainees or inmates.

6 "Probationary court security officer" means a recruit 
7court security
officer required to successfully complete 
8initial minimum basic training
requirements at a designated 
9training school to be eligible for employment as a
court 
10security officer.

11 "Permanent court security officer" means a court security 
12officer who has
completed his or her probationary period and is 
13employed as a court
security officer by a participating local 
14governmental unit.

15 "Court security officer" has the meaning ascribed to it in 
16Section 3-6012.1
of the Counties Code.

17(Source: P.A. 94-846, eff. 1-1-07.)


18 Section 10. The Criminal Code of 2012 is amended by 
19changing Section 24-2 as follows:


20 (720 ILCS 5/24-2)



21 Sec. 24-2. Exemptions. 

22 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
2324-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
24the following:

 
 
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1  (1) Peace officers, and any person summoned by a peace 
2 officer to
assist in making arrests or preserving the 
3 peace, while actually engaged in
assisting such officer.

4  (2) Wardens, superintendents and keepers of prisons,

5 penitentiaries, jails and other institutions for the 
6 detention of persons
accused or convicted of an offense, 
7 while in the performance of their
official duty, or while 
8 commuting between their homes and places of employment.

9  (3) Members of the Armed Services or Reserve Forces of 
10 the United States
or the Illinois National Guard or the 
11 Reserve Officers Training Corps,
while in the performance 
12 of their official duty.

13  (4) Special agents employed by a railroad or a public 
14 utility to
perform police functions, and guards of armored 
15 car companies, while
actually engaged in the performance of 
16 the duties of their employment or
commuting between their 
17 homes and places of employment; and watchmen
while actually 
18 engaged in the performance of the duties of their 
19 employment.

20  (5) Persons licensed as private security contractors, 
21 private
detectives, or private alarm contractors, or 
22 employed by a private security contractor, private 
23 detective, or private alarm contractor agency licensed
by 
24 the Department of Financial and Professional Regulation, 
25 if their duties
include the carrying of a weapon under the 
26 provisions of the Private
Detective, Private Alarm,

 
 
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1 Private Security, Fingerprint Vendor, and Locksmith Act of 
2 2004,
while actually
engaged in the performance of the 
3 duties of their employment or commuting
between their homes 
4 and places of employment. A person shall be considered 
5 eligible for this
exemption if he or she has completed the 
6 required 20
hours of training for a private security 
7 contractor, private
detective, or private alarm 
8 contractor, or employee of a licensed private security 
9 contractor, private detective, or private alarm contractor 
10 agency and 20 hours of required firearm
training, and has 
11 been issued a firearm control card by
the Department of 
12 Financial and Professional Regulation. Conditions for the 
13 renewal of
firearm control cards issued under the 
14 provisions of this Section
shall be the same as for those 
15 cards issued under the provisions of the
Private Detective, 
16 Private Alarm,
Private Security, Fingerprint Vendor, and 
17 Locksmith Act of 2004. The
firearm control card shall be 
18 carried by the private security contractor, private

19 detective, or private alarm contractor, or employee of the 
20 licensed private security contractor, private detective, 
21 or private alarm contractor agency at all
times when he or 
22 she is in possession of a concealable weapon permitted by 
23 his or her firearm control card.

24  (6) Any person regularly employed in a commercial or 
25 industrial
operation as a security guard for the protection 
26 of persons employed
and private property related to such 
 
 
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1 commercial or industrial
operation, while actually engaged 
2 in the performance of his or her
duty or traveling between 
3 sites or properties belonging to the
employer, and who, as 
4 a security guard, is a member of a security force 
5 registered with the Department of Financial and 
6 Professional
Regulation; provided that such security guard 
7 has successfully completed a
course of study, approved by 
8 and supervised by the Department of
Financial and 
9 Professional Regulation, consisting of not less than 40 
10 hours of training
that includes the theory of law 
11 enforcement, liability for acts, and the
handling of 
12 weapons. A person shall be considered eligible for this

13 exemption if he or she has completed the required 20
hours 
14 of training for a security officer and 20 hours of required 
15 firearm
training, and has been issued a firearm control 
16 card by
the Department of Financial and Professional 
17 Regulation. Conditions for the renewal of
firearm control 
18 cards issued under the provisions of this Section
shall be 
19 the same as for those cards issued under the provisions of 
20 the
Private Detective, Private Alarm,
Private Security, 
21 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
22 control card shall be carried by the security guard at all

23 times when he or she is in possession of a concealable 
24 weapon permitted by his or her firearm control card.

25  (7) Agents and investigators of the Illinois 
26 Legislative Investigating
Commission authorized by the 
 
 
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1 Commission to carry the weapons specified in
subsections 
2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

3 any investigation for the Commission.

4  (8) Persons employed by a financial institution as a 
5 security guard for the protection of
other employees and 
6 property related to such financial institution, while

7 actually engaged in the performance of their duties, 
8 commuting between
their homes and places of employment, or 
9 traveling between sites or
properties owned or operated by 
10 such financial institution, and who, as a security guard, 
11 is a member of a security force registered with the 
12 Department; provided that
any person so employed has 
13 successfully completed a course of study,
approved by and 
14 supervised by the Department of Financial and Professional 
15 Regulation,
consisting of not less than 40 hours of 
16 training which includes theory of
law enforcement, 
17 liability for acts, and the handling of weapons.
A person 
18 shall be considered to be eligible for this exemption if he 
19 or
she has completed the required 20 hours of training for 
20 a security officer
and 20 hours of required firearm 
21 training, and has been issued a
firearm control card by the 
22 Department of Financial and Professional Regulation.

23 Conditions for renewal of firearm control cards issued 
24 under the
provisions of this Section shall be the same as 
25 for those issued under the
provisions of the Private 
26 Detective, Private Alarm,
Private Security, Fingerprint 
 
 
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1 Vendor, and Locksmith Act of 2004. The
firearm control card 
2 shall be carried by the security guard at all times when he 
3 or she is in possession of a concealable
weapon permitted 
4 by his or her firearm control card. For purposes of this 
5 subsection, "financial institution" means a
bank, savings 
6 and loan association, credit union or company providing

7 armored car services.

8  (9) Any person employed by an armored car company to 
9 drive an armored
car, while actually engaged in the 
10 performance of his duties.

11  (10) Persons who have been classified as peace officers 
12 pursuant
to the Peace Officer Fire Investigation Act.

13  (11) Investigators of the Office of the State's 
14 Attorneys Appellate
Prosecutor authorized by the board of 
15 governors of the Office of the
State's Attorneys Appellate 
16 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
17 State's Attorneys Appellate Prosecutor's Act.

18  (12) Special investigators appointed by a State's 
19 Attorney under
Section 3-9005 of the Counties Code.

20  (12.5) Probation officers while in the performance of 
21 their duties, or
while commuting between their homes, 
22 places of employment or specific locations
that are part of 
23 their assigned duties, with the consent of the chief judge 
24 of
the circuit for which they are employed, if they have 
25 received weapons training according
to requirements of the 
26 Peace Officer and Probation Officer Firearm Training Act.

 
 
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1  (13) Court Security Officers while in the performance 
2 of their official
duties, or while commuting between their 
3 homes and places of employment, with
the
consent of the 
4 Sheriff.

5  (13.5) A person employed as an armed security guard at 
6 a nuclear energy,
storage, weapons or development site or 
7 facility regulated by the Nuclear
Regulatory Commission 
8 who has completed the background screening and training

9 mandated by the rules and regulations of the Nuclear 
10 Regulatory Commission.

11  (14) Manufacture, transportation, or sale of weapons 
12 to
persons
authorized under subdivisions (1) through 
13 (13.5) of this
subsection
to
possess those weapons.

14 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
15to
or affect any person carrying a concealed pistol, revolver, 
16or handgun and the person has been issued a currently valid 
17license under the Firearm Concealed Carry Act at the time of 
18the commission of the offense.
19  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
20to
or affect a qualified current or retired law enforcement 
21officer qualified under the laws of this State or under the 
22federal Law Enforcement Officers Safety Act. 
23 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2424-1.6 do not
apply to or affect
any of the following:

25  (1) Members of any club or organization organized for 
26 the purpose of
practicing shooting at targets upon 
 
 
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1 established target ranges, whether
public or private, and 
2 patrons of such ranges, while such members
or patrons are 
3 using their firearms on those target ranges.

4  (2) Duly authorized military or civil organizations 
5 while parading,
with the special permission of the 
6 Governor.

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

8 permit while engaged in hunting,
trapping or fishing.

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

10 non-functioning state or are not immediately accessible.

11  (5) Carrying or possessing any pistol, revolver, stun 
12 gun or taser or other firearm on the land or in the legal 
13 dwelling of another person as an invitee with that person's 
14 permission. 
15 (c) Subsection 24-1(a)(7) does not apply to or affect any 
16of the
following:

17  (1) Peace officers while in performance of their 
18 official duties.

19  (2) Wardens, superintendents and keepers of prisons, 
20 penitentiaries,
jails and other institutions for the 
21 detention of persons accused or
convicted of an offense.

22  (3) Members of the Armed Services or Reserve Forces of 
23 the United States
or the Illinois National Guard, while in 
24 the performance of their official
duty.

25  (4) Manufacture, transportation, or sale of machine 
26 guns to persons
authorized under subdivisions (1) through 
 
 
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1 (3) of this subsection to
possess machine guns, if the 
2 machine guns are broken down in a
non-functioning state or 
3 are not immediately accessible.

4  (5) Persons licensed under federal law to manufacture 
5 any weapon from
which 8 or more shots or bullets can be 
6 discharged by a
single function of the firing device, or 
7 ammunition for such weapons, and
actually engaged in the 
8 business of manufacturing such weapons or
ammunition, but 
9 only with respect to activities which are within the lawful

10 scope of such business, such as the manufacture, 
11 transportation, or testing
of such weapons or ammunition. 
12 This exemption does not authorize the
general private 
13 possession of any weapon from which 8 or more
shots or 
14 bullets can be discharged by a single function of the 
15 firing
device, but only such possession and activities as 
16 are within the lawful
scope of a licensed manufacturing 
17 business described in this paragraph.

18  During transportation, such weapons shall be broken 
19 down in a
non-functioning state or not immediately 
20 accessible.

21  (6) The manufacture, transport, testing, delivery, 
22 transfer or sale,
and all lawful commercial or experimental 
23 activities necessary thereto, of
rifles, shotguns, and 
24 weapons made from rifles or shotguns,
or ammunition for 
25 such rifles, shotguns or weapons, where engaged in
by a 
26 person operating as a contractor or subcontractor pursuant 
 
 
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1 to a
contract or subcontract for the development and supply 
2 of such rifles,
shotguns, weapons or ammunition to the 
3 United States government or any
branch of the Armed Forces 
4 of the United States, when such activities are
necessary 
5 and incident to fulfilling the terms of such contract.

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

7 shall also apply to any authorized agent of any such 
8 contractor or
subcontractor who is operating within the 
9 scope of his employment, where
such activities involving 
10 such weapon, weapons or ammunition are necessary
and 
11 incident to fulfilling the terms of such contract.

12  (7) A person possessing a rifle with a barrel or 
13 barrels less than 16 inches in length if: (A) the person 
14 has been issued a Curios and Relics license from the U.S. 
15 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
16 the person is an active member of a bona fide, nationally 
17 recognized military re-enacting group and the modification 
18 is required and necessary to accurately portray the weapon 
19 for historical re-enactment purposes; the re-enactor is in 
20 possession of a valid and current re-enacting group 
21 membership credential; and the overall length of the weapon 
22 as modified is not less than 26 inches.
23 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
24possession
or carrying of a black-jack or slung-shot by a peace 
25officer.

26 (e) Subsection 24-1(a)(8) does not apply to any owner, 
 
 
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1manager or
authorized employee of any place specified in that 
2subsection nor to any
law enforcement officer.

3 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
4Section 24-1.6
do not apply
to members of any club or 
5organization organized for the purpose of practicing
shooting 
6at targets upon established target ranges, whether public or 
7private,
while using their firearms on those target ranges.

8 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
9to:

10  (1) Members of the Armed Services or Reserve Forces of 
11 the United
States or the Illinois National Guard, while in 
12 the performance of their
official duty.

13  (2) Bonafide collectors of antique or surplus military 
14 ordnance.

15  (3) Laboratories having a department of forensic 
16 ballistics, or
specializing in the development of 
17 ammunition or explosive ordnance.

18  (4) Commerce, preparation, assembly or possession of 
19 explosive
bullets by manufacturers of ammunition licensed 
20 by the federal government,
in connection with the supply of 
21 those organizations and persons exempted
by subdivision 
22 (g)(1) of this Section, or like organizations and persons

23 outside this State, or the transportation of explosive 
24 bullets to any
organization or person exempted in this 
25 Section by a common carrier or by a
vehicle owned or leased 
26 by an exempted manufacturer.

 
 
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1 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
2persons licensed
under federal law to manufacture any device or 
3attachment of any kind designed,
used, or intended for use in 
4silencing the report of any firearm, firearms, or
ammunition

5for those firearms equipped with those devices, and actually 
6engaged in the
business of manufacturing those devices, 
7firearms, or ammunition, but only with
respect to
activities 
8that are within the lawful scope of that business, such as the

9manufacture, transportation, or testing of those devices, 
10firearms, or
ammunition. This
exemption does not authorize the 
11general private possession of any device or
attachment of any 
12kind designed, used, or intended for use in silencing the

13report of any firearm, but only such possession and activities 
14as are within
the
lawful scope of a licensed manufacturing 
15business described in this subsection
(g-5). During 
16transportation, these devices shall be detached from any weapon

17or
not immediately accessible.

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

1924-1.6 do not apply to
or affect any parole agent or parole 
20supervisor who meets the qualifications and conditions 
21prescribed in Section 3-14-1.5 of the Unified Code of 
22Corrections. 
23 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
24officer while serving as a member of a tactical response team 
25or special operations team. A peace officer may not personally 
26own or apply for ownership of a device or attachment of any 
 
 
HB4240- 17 -LRB101 17180 RLC 66581 b


1kind designed, used, or intended for use in silencing the 
2report of any firearm. These devices shall be owned and 
3maintained by lawfully recognized units of government whose 
4duties include the investigation of criminal acts.
5 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

624-1.6 do not apply to or affect an employed or
qualified 
7retired State correctional officer who meets the

8qualifications and conditions prescribed in this subsection 
9(g-8).
10  (1) In this subsection (g-8):
11  "State correctional
officer" means an employee of the 
12 Department of Corrections who has custody and control over 
13 inmates in an adult correctional facility.
14  "Qualified retired State correctional officer" means a 
15 former State correctional officer who:
16   (A) was separated from service with the Department 
17 of Corrections in good standing;
18   (B) before the separation, was authorized by law to 
19 engage in or supervise the activities of prevention, 
20 detection, investigation, prosecution, or 
21 incarceration of any person for any violation of law;
22   (C) before the separation, served as a State 
23 correctional officer for an aggregate of 10 years or 
24 more;
25   (D) has not either:
26    (i) been officially found, as the Department 
 
 
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1 shall by rule provide, by a qualified medical 
2 professional employed by the Department of 
3 Corrections to be unqualified for reasons relating 
4 to mental health and as a result of this finding 
5 will not be issued the photographic identification 
6 as described in subparagraph (E) of paragraph (2); 
7 or
8    (ii) entered into an agreement with the 
9 Department of Corrections in which that individual 
10 acknowledges he or she is not qualified under this 
11 Section for reasons relating to mental health and 
12 for those reasons will not receive or accept the 
13 photographic identification as described in 
14 subparagraph (E) of paragraph (2);
15   (E) is not under the influence of alcohol or any 
16 other intoxicating or hallucinatory drug or substance; 
17 and
18   (F) is not prohibited by State or federal law from 
19 owning or possessing a firearm.
20  (2)(A) The employed or qualified retired State

21 correctional officer must receive training in the use of 
22 firearms while off-duty conducted by the Illinois Law

23 Enforcement Training Standards Board and be certified as

24 having successfully completed the training by the Board.

25 The Board shall determine the amount of the training and

26 the course content for the training. The
employed or 
 
 
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1 qualified retired State correctional officer shall

2 requalify for the firearms training annually at a State 
3 range certified by the Illinois Law Enforcement Training

4 Standards Board. The expenses of the retraining shall be

5 paid by the employed or qualified retired State

6 correctional officer and moneys for the costs of the

7 requalification shall be expended at the request of the

8 Illinois Law Enforcement Training Standards Board.
9  (B) The employed or qualified retired State

10 correctional officer shall purchase the firearm at his or

11 her own expense and shall register the firearm with the

12 Illinois State Police and with any local law enforcement 
13 agencies that require the
registration.
14  (C) The employed or qualified retired State

15 correctional officer may not carry any Department
of 
16 Corrections State-issued firearm while off-duty. A person 
17 who violates
this subparagraph (C) is subject to 
18 disciplinary action by the
Department of Corrections.
19  (D) State correctional officers who are or were

20 discharged from employment by the Department of

21 Corrections are not law enforcement officials after the 
22 date of discharge.
23  (E) The employed or qualified retired State 
24 correctional officer shall carry photographic 
25 identification issued by the Department of Corrections 
26 identifying him or her as an employed or qualified retired 
 
 
HB4240- 20 -LRB101 17180 RLC 66581 b


1 State correctional officer while carrying a firearm 
2 off-duty, along with a valid annual firearm certificate 
3 issued by the Illinois Law Enforcement Training Standards 
4 Board stating that he or she is qualified to carry a 
5 concealed weapon.
6 (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

724-1.6 do not apply to or affect an employed or
qualified 
8retired county correctional officer who meets the

9qualifications and conditions prescribed in this subsection 
10(g-9).
11  (1) In this subsection (g-9):
12  "County correctional officer" means an employee of a 
13 county sheriff's office within this State who has custody 
14 and control over adult inmates in a county jail.
15  "Qualified retired county correctional officer" means 
16 a former county correctional officer who:
17   (A) was separated from service with the county 
18 sheriff's office in good standing;
19   (B) before the separation, was authorized by law to 
20 engage in or supervise the activities of prevention, 
21 detection, investigation, prosecution, or 
22 incarceration of any person for any violation of law;
23   (C) before the separation, served as a county 
24 correctional officer for an aggregate of 10 years or 
25 more;
26   (D) has not either:
 
 
HB4240- 21 -LRB101 17180 RLC 66581 b


1    (i) been officially found, as the county 
2 sheriff shall by rule provide, by a qualified 
3 medical professional employed by the county 
4 sheriff to be unqualified for reasons relating to 
5 mental health and as a result of this finding will 
6 not be issued the photographic identification as 
7 described in subparagraph (E) of paragraph (2); or
8    (ii) entered into an agreement with the county 
9 sheriff's office from which the individual is 
10 separated form service in which that individual 
11 acknowledges he or she is not qualified under this 
12 Section for reasons relating to mental health and 
13 for those reasons will not receive or accept the 
14 photographic identification as described in 
15 subparagraph (E) of paragraph (2);
16   (E) is not under the influence of alcohol or any 
17 other intoxicating or hallucinatory drug or substance; 
18 and
19   (F) is not prohibited by State or federal law from 
20 receiving a firearm.
21  (2)(A) The employed or qualified retired county

22 correctional officer must receive training in the use of

23 firearms while off-duty conducted by the Illinois Law

24 Enforcement Training Standards Board and be certified as

25 having successfully completed the training by the Board.

26 The Board shall determine the amount of the training and 
 
 
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1 the course content for the training. The employed or 
2 qualified retired county correctional officer shall

3 requalify for the firearms training annually at a State

4 range certified by the Illinois Law Enforcement Training 
5 Standards Board. The expenses of the retraining shall be

6 paid by the employed or qualified retired county 
7 correctional officer and moneys for the costs of the

8 requalification shall be expended at the request of the 
9 Illinois Law Enforcement Training Standards Board.
10  (B) The employed or qualified retired county 
11 correctional officer shall purchase the firearm at his or 
12 her own expense and shall register the firearm with the 
13 Illinois State Police and with any other local law 
14 enforcement agencies that require the registration.
15  (C) The employed or qualified retired county 
16 correctional officer may not carry any county 
17 sheriff-issued firearm while off-duty. A person who

18 violates this subparagraph (C) is subject to disciplinary

19 action by the county sheriff.
20  (D) County correctional officers who are or were

21 discharged from employment by the county sheriff shall no

22 longer be considered law enforcement officials and all

23 their rights as law enforcement officials shall be revoked

24 permanently.
25  (E) The employed or qualified retired county 
26 correctional officer shall carry a photographic 
 
 
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1 identification issued by his or her agency identifying him 
2 or her as an employed or qualified retired county 
3 correctional officer while carrying a firearm off-duty, 
4 along with a valid annual firearm certificate issued by the 
5 Illinois Law Enforcement Training Standards Board stating 
6 that he or she is qualified to carry a concealed weapon.
7 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
9athlete's possession, transport on official Olympic and 
10Paralympic transit systems established for athletes, or use of 
11competition firearms sanctioned by the International Olympic 
12Committee, the International Paralympic Committee, the 
13International Shooting Sport Federation, or USA Shooting in 
14connection with such athlete's training for and participation 
15in shooting competitions at the 2016 Olympic and Paralympic 
16Games and sanctioned test events leading up to the 2016 Olympic 
17and Paralympic Games. 
18 (h) An information or indictment based upon a violation of 
19any
subsection of this Article need not negative any exemptions 
20contained in
this Article. The defendant shall have the burden 
21of proving such an
exemption.

22 (i) Nothing in this Article shall prohibit, apply to, or 
23affect
the transportation, carrying, or possession, of any 
24pistol or revolver,
stun gun, taser, or other firearm consigned 
25to a common carrier operating
under license of the State of 
26Illinois or the federal government, where
such transportation, 
 
 
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1carrying, or possession is incident to the lawful

2transportation in which such common carrier is engaged; and 
3nothing in this
Article shall prohibit, apply to, or affect the 
4transportation, carrying,
or possession of any pistol, 
5revolver, stun gun, taser, or other firearm,
not the subject of 
6and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
7this Article, which is unloaded and enclosed in a case, firearm

8carrying box, shipping box, or other container, by the 
9possessor of a valid
Firearm Owners Identification Card.

10(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)