Bill Amendment: IL SB1139 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-EAVESDROP EXTENSION

Status: 2019-07-12 - Public Act . . . . . . . . . 101-0080 [SB1139 Detail]

Download: Illinois-2019-SB1139-House_Amendment_001.html

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Rep. Monica Bristow

Filed: 5/15/2019

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AMENDMENT TO SENATE BILL 1139
AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by
replacing lines 4 and 5 with the following:
"Section 5. The Firearm Concealed Carry Act is amended by
changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police

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that:
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has
never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent and is an active
duty member of the United States Armed Forces or has
the written consent of his or her parent or legal
guardian to possess and acquire firearms and firearm
ammunition and that he or she has never been convicted
of a misdemeanor other than a traffic offense or
adjudged delinquent, provided, however, that such
parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card or the active duty member of the United
States Armed Forces under 21 years of age annually
submits proof to the Department of State Police, in a
manner prescribed by the Department;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more

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than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have an
offense described in this clause (ix) tried by a jury,
and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of 18

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U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;

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(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily admitted
into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and

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requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's

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Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service Form
4029. In lieu of a photograph, an applicant regardless of age
seeking a religious exemption to the photograph requirement
shall submit fingerprints on a form and manner prescribed by
the Department with his or her application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

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(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who is not an active
duty member of the of the United States Armed Forces and
does not have the written consent of his parent or guardian
to acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,

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revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:

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(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been

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previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)
is made under Section 112A-11.1 of the Code of Criminal
Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of

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Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a developmental
disability;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for

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willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the person shall comply with
Section 9.5 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Sections 25 and 50 as follows:
(430 ILCS 66/25)
Sec. 25. Qualifications for a license.
The Department shall issue a license to an applicant
completing an application in accordance with Section 30 of this
Act if the person:
(1) is at least 21 years of age or is an active duty
member of the United States Armed Forces;
(2) has a currently valid Firearm Owner's
Identification Card and at the time of application meets
the requirements for the issuance of a Firearm Owner's
Identification Card and is not prohibited under the Firearm
Owners Identification Card Act or federal law from

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possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the license application; or
(B) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification to own or possess a firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug
treatment within the 5 years immediately preceding the date
of the license application; and
(6) has completed firearms training and any education
component required under Section 75 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/50)
Sec. 50. License renewal.
(a) This subsection (a) applies to applications for renewal
of a license until the expiration of 180 days after the

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effective date of this amendatory Act of the 101st General
Assembly. Applications for renewal of a license shall be made
to the Department. A license shall be renewed for a period of 5
years upon receipt of a completed renewal application,
completion of 3 hours of training required under Section 75 of
this Act, payment of the applicable renewal fee, and completion
of an investigation under Section 35 of this Act. The renewal
application shall contain the information required in Section
30 of this Act, except that the applicant need not resubmit a
full set of fingerprints.
(b) This subsection (b) applies to applications for renewal
of a license after 180 days after the effective date of this
amendatory Act of the 101st General Assembly. Applications for
renewal of a license shall be made to the Department. A license
shall be renewed for a period of 5 years from the date of
expiration on the applicant's current license upon the receipt
of a completed renewal application, completion of 3 hours of
training required under Section 75 of this Act, payment of the
applicable renewal fee, and completion of an investigation
under Section 35 of this Act. The renewal application shall
contain the information required in Section 30 of this Act,
except that the applicant need not resubmit a full set of
fingerprints.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
Section 15. The Firearm Dealer License Certification Act is

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amended by changing Sections 5-5 and 5-25 as follows:
(430 ILCS 68/5-5)
Sec. 5-5. Definitions. In this Act:
"Certified licensee" means a licensee that has previously
certified its license with the Department under this Act.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Entity" means any person, firm, corporation, group of
individuals, or other legal entity.
"Inventory" means firearms in the possession of an
individual or entity for the purpose of sale or transfer.
"License" means a Federal Firearms License authorizing a
person or entity to engage in the business of dealing firearms.
"Licensee" means a person, firm, corporation, or other
entity who has been given, and is currently in possession of, a
valid Federal Firearms License.
"Retail location" means a store open to the public from
which a certified licensee engages in the business of selling,
transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, the World Shooting and Recreational
Complex, a gun show, or similar event at which a certified
licensee engages in business from time to time is not a retail
location.
(Source: P.A. 100-1178, eff. 1-18-19.)

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(430 ILCS 68/5-25)
Sec. 5-25. Exemptions.
The provisions of this Act related to the certification of
a license do not apply to a person or entity that engages in
the following activities:
(1) temporary transfers of firearms solely for use at
the location or on the premises where the transfer takes
place, such as transfers at a shooting range for use at
that location;
(2) temporary transfers of firearms solely for use
while in the presence of the transferor or transfers for
the purposes of firearm safety training by a firearms
safety training instructor;
(3) transfers of firearms among immediate family or
household members, as "immediate family or household
member" is defined in Section 3-2.7-10 of the Unified Code
of Corrections, provided that both the transferor and
transferee have a currently valid Firearm Owner's
Identification Card; however, this paragraph (3) does not
limit the familial gift exemption under paragraph (2) of
subsection (a-15) of Section 3 of the Firearm Owners
Identification Card Act;
(4) transfers by persons or entities acting under
operation of law or a court order;
(5) transfers by persons or entities liquidating all or
part of a collection. For purposes of this paragraph (5),

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"collection" means 2 or more firearms which are of special
interest to collectors by reason of some quality other than
is associated with firearms intended for sporting use or as
offensive or defensive weapons;
(6) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection;
(7) transfers by a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers to a State or local law enforcement
agency by a person who has his or her Firearm Owner's
Identification Card revoked;
(9) transfers of curios and relics, as defined under
federal law, between collectors licensed under subsection
(b) of Section 923 of the federal Gun Control Act of 1968;
(10) transfers by a person or entity licensed as an
auctioneer under the Auction License Act; or
(10.5) transfers of firearms to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by a licensed federal firearms
dealer under Section 923 of the federal Gun Control Act of
1968 at a competitive shooting event held at the World
Shooting and Recreational Complex that is sanctioned by a
national governing body; or
(11) transfers between a pawnshop and a customer which

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amount to a bailment. For purposes of this paragraph (11),
"bailment" means the act of placing property in the custody
and control of another, by agreement in which the holder is
responsible for the safekeeping and return of the property.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 20. The Wildlife Code is amended by adding Section
3.4b as follows:
(520 ILCS 5/3.4b new)
Sec. 3.4b. Concealed firearm exemption. A current or
retired law enforcement officer authorized by law to possess a
concealed firearm shall be exempt from the provisions of this
Code prohibiting possession of those firearms. However,
nothing in this Section authorizes the use of those firearms
except as authorized by law.
Section 25. The Criminal Code of 2012 is amended by
changing Sections 14-3 and 24-2 as follows:"; and
on page 18, by inserting immediately below line 3 the
following:
"(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

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24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,

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if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their homes
and places of employment. A person shall be considered
eligible for this exemption if he or she has completed the
required 20 hours of training for a private security
contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 20 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. The firearm control card shall be
carried by the private security contractor, private
detective, or private alarm contractor, or employee of the
licensed private security contractor, private detective,
or private alarm contractor agency at all times when he or
she is in possession of a concealable weapon permitted by
his or her firearm control card.
(6) Any person regularly employed in a commercial or

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industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force
registered with the Department of Financial and
Professional Regulation; provided that such security guard
has successfully completed a course of study, approved by
and supervised by the Department of Financial and
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the security guard at all
times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.

10100SB1139ham001 - 23 - LRB101 04922 RLC 60613 a
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if he
or she has completed the required 20 hours of training for
a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by the
Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as

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for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control card
shall be carried by the security guard at all times when he
or she is in possession of a concealable weapon permitted
by his or her firearm control card. For purposes of this
subsection, "financial institution" means a bank, savings
and loan association, credit union or company providing
armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed, if they have

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received weapons training according to requirements of the
Peace Officer and Probation Officer Firearm Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense. A qualified current or retired
law enforcement officer qualified under the laws of this State
and under the federal Law Enforcement Officers Safety Act is
not subject to the Firearm Concealed Carry Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for

10100SB1139ham001 - 26 - LRB101 04922 RLC 60613 a
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine

10100SB1139ham001 - 27 - LRB101 04922 RLC 60613 a
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a

10100SB1139ham001 - 28 - LRB101 04922 RLC 60613 a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.

10100SB1139ham001 - 29 - LRB101 04922 RLC 60613 a
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased

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by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally

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own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful

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transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".