Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Amended.html

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Rep. Michael J. Zalewski

Filed: 2/26/2013

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AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 260-10. Definitions. As used in this Act:
"Concealed firearm" means a loaded or unloaded handgun
carried on or about a person completely or mostly concealed
from view of the public, or carried in a vehicle in such a way
as it is concealed from view of the public.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Fund" means the Citizen Safety and Self-Defense Trust
Fund.
"Handgun" means any device which is designed to expel a
projectile or projectiles by the action of an explosion,
expansion of gas, or escape of gas that is designed to be held
and fired by the use of a single hand, and includes a
combination of parts from which that firearm can be assembled.

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"Handgun" includes, but is not limited, to magazines,
ammunition, laser sighting devices and other accessories
intrinsic to a handgun carried for defensive purposes.
"Handgun" does not include a stun gun or taser.
"License" means a license issued by the Department of State
Police to carry a loaded or unloaded handgun.
"Licensee" means a person issued a license to carry a
concealed firearm.
"Peace officer" means (i) any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order and to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or (ii) any person who, by statute, is
granted and authorized to exercise powers similar to those
conferred upon any peace officer employed by a law enforcement
agency of this State. The term "peace officer" does not apply
to an alderman acting as a conservator of the peace under
Section 3.1-15-25 of the Illinois Municipal Code.
Section 260-15. Citizen Safety and Self-Defense Trust
Fund. Fees from applications for licenses shall be deposited
into the Citizen Safety and Self-Defense Trust Fund, a special
fund that is created in the State treasury. Moneys in the Fund
may be invested and any income from investments shall be
deposited into the Fund. Subject to appropriation, moneys in
the Fund shall exclusively be used to assist the Department

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with the administrative costs associated with this Act.
Section 260-20. Issuance of licenses to carry a concealed
firearm.
(a) The Department shall issue a license to an applicant
who (i) meets the qualifications of Section 260-25 or Section
260-65; (ii) has provided the application and documentation
required in Section 260-30; and (iii) has submitted the
requisite fees. The Department shall issue a renewal,
corrected, or duplicate license in accordance with this Act.
(a-5) The Department is authorized to issue licenses to
carry a handgun under this Act. A license shall permit the
licensee to:
(1) carry a loaded or unloaded handgun on or about his
or her person, concealed or otherwise;
(2) keep or carry a loaded or unloaded handgun on or
about his or her person when in a vehicle; and
(3) keep a loaded or unloaded handgun openly or
concealed in a vehicle.
(a-10) A licensee shall possess a license at all times the
licensee carries a concealed firearm except (i) if the person
is carrying or possessing a concealed firearm and the person is
on his or her land, or in his or her abode or legal dwelling, or
in the abode or legal dwelling of another person as an invitee
with that person's permission; (ii) if the person is authorized
to carry a firearm under Section 24-2 of the Criminal Code of

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2012; or (iii) the handgun is broken down in a non-functioning
state, or is not immediately accessible, or is enclosed in a
case, firearm carrying box, shipping box or any other
container.
(a-15) A licensee shall display the license upon the
request of a peace officer or person designated to enforce the
provisions of Section 260-70 when carrying a handgun under the
provisions of this Act.
(b) The Department shall make applications for a license
available upon the effective date of this Act. Applications
shall be available at Department locations, on the Department's
official website, and any other location designated by the
Department.
(c) A completed application for a license shall be
submitted to the Department with all accompanying materials and
fees. The Department shall promptly return an incomplete
application to the applicant. Each applicant for a license
shall submit an $80 application fee to the Department, $75 of
which shall be deposited into State Police Firearm Services
Fund for use in administering the Firearm Owners Identification
Act and this Act, and $5 of which shall be used to ensure the
reporting of individuals prohibited from owning or possessing
firearms due to mental health disqualifiers to the Department
by the Department of Human Services.
(d) The Department may consider an objection to an
application, provided the objection is in writing, includes

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specific reasons for the objection, and is submitted with the
application by a municipal law enforcement agency or sheriff.
Any objection submitted by a sheriff or a municipal law
enforcement agency including reports submitted to the
Department must be disclosed to the applicant unless disclosure
would interfere with a criminal investigation. The Department
shall maintain a database of applicants searchable by county
that may be accessible by sheriffs for use in filing an
objection under this subsection.
(e) Notwithstanding subsection (a), the Department may
consider any objection or recommendation made by the sheriff or
a municipal law enforcement agency that demonstrates the
applicant is a danger to himself, herself, or others. Based
upon those objections, if the applicant is found by the
Department to be a danger to himself, herself, or others, the
Department shall deny the application and notify the applicant
and the sheriff or the municipal law enforcement agency in
writing, stating the grounds for denial. The notice of denial
must inform the applicant that he or she may, within 90 days
for the first year after this Act takes effect and within 45
days thereafter, appeal the denial and submit additional
materials relevant to the grounds for denial. Upon receiving
the additional documentation, the Department shall reconsider
its decision and inform the applicant within 30 days of the
result of the reconsideration. If upon reconsideration the
Department denies the application, the applicant must be

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informed of the right to administrative review.
(f) During an administrative or judicial review of a denial
based on subsection (d) or (e) of this Section, the Department
shall have the burden of proving by clear and convincing
evidence that the applicant would pose a danger to the
applicant's self, another, or public safety, or would use a
firearm unlawfully, if granted a license to carry a concealed
firearm under this Act.
(g) The license shall be issued by the Department within 30
days of receipt of a completed application. A license shall be
valid throughout the State for a period of 5 years. If the
Department does not act on the application within the time
period provided in subsection (e), the applicant may file, in
the circuit court of the judicial circuit in which the
applicant resides, a complaint for mandamus to compel a
decision on the application. If the applicant prevails, he or
she shall be entitled to all costs, fees, and damages. If the
court decides that the reason for the denial was arbitrary,
capricious, malicious, or without merit, the court shall award
punitive damages.
(h) Any Illinois resident who has a license or permit to
carry a handgun issued by another state shall be able to carry
a handgun in accordance with this Act using that license for
365 days following the effective date of this Act.
(i) The Department shall adopt rules to implement the
provisions of this Section.

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Section 260-25. Qualifications of an applicant for a
license. The Department shall issue a license to an applicant
completing an application in accordance with Section 260-30 of
this Act if the person:
(a) is at least 21 years of age;
(b) has a valid Firearm Owner's Identification Card or,
if applying for a non-resident license, has a notarized
document stating that the applicant is eligible under
federal law and the laws of his or her home state to
possess a firearm;
(c) is not prohibited under the Firearm Owners
Identification Card Act or federal law from possessing or
receiving a firearm;
(d) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification under subsection (c);
(e) does not chronically or habitually abuse alcoholic
beverages, as evidenced by either of the following within
the 3 years immediately preceding the application:
(1) residential or court-ordered treatment for
alcoholism or alcohol detoxification; or
(2) 2 or more convictions for driving while under
the influence or driving while intoxicated; and
(f) has completed firearms training and any
educational component required in Section 260-85 of this

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Act.
Section 260-30. Contents of application.
(a) The application shall be in writing, under oath and
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and all applicable fees.
(b) The application shall contain the following
information:
(1) the applicant's name, current address, gender,
date and year of birth, place of birth, height, weight,
hair color, eye color, maiden name or any other name the
applicant has used or identified with, and any address at
which the applicant resided for more than 30 days within
the 5 years preceding the date of the application;
(2) the applicant's drivers license or state
identification card number and the last 4 digits of the
applicant's social security number;
(3) questions to certify or demonstrate the applicant
has completed firearms training and any educational
component required in Section 260-85 of this Act;
(4) a statement that the applicant is a resident of the
State of Illinois, except persons applying under Section
260-65 shall be instructed to submit the information
required in that Section;
(5) a waiver of privacy and confidentiality rights and

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privileges enjoyed by the applicant under State and federal
law sufficient to obtain access to juvenile court, criminal
justice, psychological, or psychiatric records, or records
relating to the applicant's history, if any, of
institutionalization or inpatient treatment for alcoholism
or alcohol detoxification, as well as an affirmative
request that any person having custody of those records
provide copies of them or information concerning them to
the Department for the sole purpose of making a
determination of an applicant's eligibility under Section
260-25;
(6) a conspicuous warning that false statements made by
the applicant will result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 2012;
(7) an affirmation that the applicant either possesses
a currently valid Illinois Firearm Owner's Identification
Card, in which case the application shall include the card
number, or is applying for the card in conjunction with the
application for a license, except persons applying under
Section 260-65 shall be instructed to submit a copy of a
valid license to carry a handgun issued by their home
state, if applicable, or submit a notarized document
stating the applicant is eligible under the laws of his or
her home state to possess a handgun;
(8) an affirmation that the applicant meets the
requirements of Section 260-25 and is not prohibited under

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the Firearm Owners Identification Card Act or federal law
from possessing a firearm; and
(9) an affirmation that the applicant has read and
understands Article 7 of the Criminal Code of 2012
(Justifiable Use of Force; Exoneration).
(c) A person applying for a license shall provide a head
and shoulder color photograph in a size specified by the
Department that was taken within the 30 days preceding the date
of the application. The applicant shall consent to the
Department reviewing and using the applicant's digital
driver's license or Illinois Identification Card photograph
and signature, if available. The Secretary of State shall allow
the Department access to the photograph and signature for the
purpose of identifying the applicant and issuing the applicant
a license.
(d) The Department may request a person applying for a
license to submit a full set of legible fingerprints if
necessary to determine the person's identity. Fingerprinting
may be administered by the Department or any other federal,
State, county, or municipal law enforcement agency or private
vendor or company. The cost of fingerprinting shall be paid by
the applicant, provided that the Department or law enforcement
agency may charge no more than $15 for a single set of
fingerprints. Each applicant for a license that the Department
requests to have his or her fingerprints submitted to the
Department shall submit them in an electronic format that

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complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Department. These fingerprints shall be checked against the
Department and the Federal Bureau of Investigation criminal
history record databases. The Department of shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the criminal
history records check.
(e) A person applying for a license shall submit a
photocopy of a certificate or other evidence of completion of a
course to show compliance with Section 260-85 of this Act.
(f) The Department is authorized to establish a system for
electronically submitting applications, including applications
for renewal or a replacement license.
Section 260-35. Database of applicants and licensees. Not
more than one year after the effective date of this Act:
(a) The Department shall maintain a database of applicants
for a license and licenses. The database shall be available to
all Illinois law enforcement agencies, State's Attorneys, and
the Attorney General. Members and staff of the judiciary may
access the database for the purpose of determining whether to
confiscate a license or to ensure compliance with this Act or
any other law. The database shall be searchable and provide all
information included in the application, a photo of the

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applicant or licensee, and any information related to
violations of this Act.
(a-5) Individual law enforcement agencies or any other
entity of local government shall not maintain any separate
records, lists, or searchable databases of applicants and
licensees containing information included in the Department's
database. Any law enforcement agency or other entity that
violates this Section shall be liable for all costs, fees, and
damages of not less than $5,000 per record or name kept in
violation of this Section.
(b) The Department shall make available on its website and
upon request under the Freedom of Information Act statistical
information about the number of licenses issued by county, age,
race, or gender. The report shall be updated monthly. Except as
provided in this subsection, applications and information in
the database shall be confidential and exempt from disclosure
under the Freedom of Information Act. The Department may answer
requests to confirm or deny whether a person has been issued a
license as part of inquiries dealing with a criminal
investigation. Individual law enforcement agencies, State's
Attorneys, the Attorney General, members of the judiciary, and
judicial staff shall sign a confidentiality agreement,
prepared by the Department, prior to receiving access to the
database. No law enforcement agency, State's Attorney, the
Attorney General, or member or staff of the judiciary, other
than the Department, shall provide any information to a

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requester not entitled to it by law, except as required or
necessary for the conduct of a criminal investigation.
Section 260-40. Suspension or revocation of a license.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
license based on the criteria set forth in Section 260-25 of
this Act or the licensee no longer possesses a Firearm Owner's
Identification Card or a non-resident licensee if his or her
home state has revoked a license to carry a firearm. A license
shall not be revoked unless the revocation is for reasons
specifically authorized by this Act. This subsection shall not
apply to a person who has filed an application with the State
Police for renewal of a Firearm Owner's Identification Card and
who is not otherwise ineligible to obtain a Firearm Owner's
Identification Card.
(b) A license shall be suspended if an order of protection
under Section 112A-14 of the Code of Criminal Procedure of 1963
or under Section 214 of the Illinois Domestic Violence Act of
1986 is issued against a licensee. The license shall be
suspended for the duration of the order or until the order is
terminated by a court and the Department shall not reissue or
renew a license for the duration of the order or until the
order is terminated. If an order of protection is issued
against a licensee, the licensee shall surrender the license,
as applicable, to the court at the time the order is entered or

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to the law enforcement agency or entity designated to serve
process at the time the licensee is served the order. The
court, law enforcement agency, or entity responsible for
serving the order shall transmit the license to the Department.
(c) The Department may suspend a license for a violation of
Section 260-70 of this Act in accordance with subsection (i) of
Section 260-70.
(d) A license shall be invalid upon expiration of the
license, unless the licensee has submitted an application to
renew the license. A person who fails to renew his or her
license within 6 months after its expiration must reapply for a
new license and pay the fee for a new application.
(e) The Department may suspend a license for up to 90 days
if a licensee fails to submit a change of address or name or
fails to report a lost or destroyed license to the Department
within 60 days of the discovery of the loss or destruction of
the license.
Section 260-45. Renewal of license.
(a) Not later than 120 days before the expiration of any
license issued under this Act, the Department shall notify the
licensee in writing of the expiration and furnish an
application for renewal of the license or make the application
available on-line.
(b) Applications for renewal of a license shall be made to
the Department. A license shall be renewed for a period of 5

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years upon receipt of a completed renewal application and a $25
renewal fee. An applicant for a renewal shall submit, on a form
prescribed by the Department, proof that the applicant has: (i)
participated in at least one shooting competition with a
handgun within 6 months of the application for renewal and
attested to by any instructor qualified under this Act; or (ii)
completed an equivalent range exercise as prescribed in Section
260-85 and attested to by any instructor qualified under this
Act. The Department shall make the range recertification form
available on its website or as part of a renewal application.
Section 260-50. Change of address, change of name, or lost
or destroyed licenses.
(a) The licensee shall notify the Department within 60 days
of: (i) moving or changing a residence or any change of name;
or (ii) the discovery of the loss or destruction of a license.
(b) If a licensee changes residence within this State or
changes his or her name, the licensee shall request a new
license. The licensee shall submit a $25 fee, a notarized
statement that the licensee has changed residence or his or her
name, and a photograph as required in Section 260-30 of this
Act. The statement must include the prior and current address
or name and the date the applicant moved or changed his or her
name.
(c) A lost or destroyed license shall be invalid. To
request a new license, the licensee shall submit (i) a $25 fee,

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(ii) a notarized statement that the licensee no longer
possesses the license and that it was lost or destroyed, or
(iii) a copy of a police report stating that the license was
lost, destroyed, or stolen, and (iv) a photograph as required
in Section 260-30 of this Act.
Section 260-65. Non-resident applications and reciprocity.
(a) A person from another state or territory of the United
States may apply for a non-resident license. The applicant
shall apply to the Department and must meet the qualifications
established in Section 260-25. The applicant shall submit:
(1) the application and documentation required in
Section 260-30;
(2) a notarized document stating the applicant:
(A) is eligible under federal law and the laws of
his or her home state to possess a firearm;
(B) if applicable, has a license or permit to carry
a firearm or concealed firearm issued by his or her
home state and that a copy is attached to the
application;
(C) is familiar with Illinois laws pertaining to
the possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Department and Illinois courts
for any violation of this Act; and
(3) a $25 application fee.

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In lieu of an Illinois State driver's license or
identification card, the person shall provide similar
documentation from his or her state or territory; a
non-resident shall not be required to have a Firearm Owner's
Identification Card.
(b)(1) Notwithstanding subsection (a) a nonresident of
Illinois may carry a handgun in accordance with this Act if the
nonresident:
(A) is 21 years of age or older;
(B) has in his or her immediate possession a valid
license that authorizes the individual to carry a concealed
firearm issued to him or her by his or her home state; and
(C) is a legal resident of the United States.
The Department shall recognize any other state's license or
permit whose requirements to obtain a license or permit is
substantially similar to those requirements contained in
Section 260-85. When required by another state, the Department
shall enter into a reciprocal agreement with that state. Those
states with substantially similar laws include, but are not
limited to: Arizona, California, Florida, Iowa, Kentucky,
Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee,
Texas, and Wisconsin.
(2) A nonresident is subject to the same laws and
restrictions with respect to carrying a handgun as a resident
of Illinois who is licensed under this Act.
(3) If the resident of another state who is the holder of a

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valid license to carry a concealed weapon or concealed firearm
issued in another state establishes legal residence in this
State the license shall remain in effect for 90 days following
the date on which the holder of the license establishes legal
residence in this State. For the purposes of this paragraph,
the person may establish legal residence in this State by: (A)
registering to vote; or (B) obtaining an Illinois driver's
license or state identification card; or (C) filing for
homestead tax exemption on property in this State.
Section 260-70. Restrictions.
(a) No license issued under this Act shall authorize any
person to carry a concealed firearm into:
(1) Any building under control of the General Assembly
or any of its support service agencies, including the
portion of a building in which a committee of the General
Assembly convenes for the purpose of conducting meetings of
committees, joint committees, or legislative commissions;
except that nothing in this Section shall prevent a member
of the General Assembly from allowing licensees to carry a
firearm into his or her district office.
(2) Any courthouse or part of that building that is
occupied by the Circuit, Appellate, or Supreme Court, or a
room designated for court proceedings by any of these
courts, except as provided in subsection (a-5).
(3) Any meeting of the governing body of a unit of

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local government or special district.
(4) Any establishment licensed to dispense alcoholic
beverages for consumption on the premises if less than 50%
of its annual gross income comes from the sale of food.
(5) Any secure area of an airport to which access is
controlled by the inspection of persons and property.
(6) Any place where the carrying of a firearm is
prohibited by federal law.
(7) Any elementary or secondary school building
without the consent of school authorities. School
authorities shall inform the appropriate law enforcement
agency and any law enforcement personnel on site of that
consent.
(8) Any portion of a building used as a child care
facility without the consent of the owner or manager.
Nothing in this Section shall prevent the operator of a
child care facility in a family home from owning or
possessing a firearm or license.
(9) Any casino licensed under the Riverboat Gambling
Act. This shall not apply to any place of business that is
not a casino licensed for video gaming.
(10) Any gated area of an amusement park.
(11) Any stadium, arena, or collegiate or professional
sporting event.
(12) A residential mental health facility.
(13) Any community college, college, or university

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building without consent of the school authorities. School
authorities shall inform the appropriate law enforcement
agency and any law enforcement personnel on site of that
consent. A community college, college, or university may
prohibit the carrying of a firearm on its campus.
(14) A public library building without the written
consent of the library's governing body. The governing body
shall inform the appropriate law enforcement agency of that
consent.
(15) Any police, sheriff, or State Police office or
station without the consent of the chief law enforcement
officer in charge of that office or station.
(16) Any adult or juvenile detention or correctional
institution, prison, or jail.
(17) Any property (including, but not limited to, any
street, driveway, or parking lot), building, or facility
owned, leased, controlled, or used by a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission.
(a-5) Judges, State's Attorneys and assistant State's
Attorneys with the permission of the State's Attorney, who
possess a valid license under this Act may possess a firearm in
any courthouse in which they are employed, but shall be
required to follow any rules applicable to sworn peace officers
to maintain facility security.
(b) A municipality, county, or school district may prohibit

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or limit licensees from carrying a firearm into or within any
building or portion of any building owned, leased, or
controlled by the municipality, county, or school district by a
majority vote of the members of its legislative body or
governing board. The resolution, ordinance, or policy shall not
prohibit a licensee from carrying a concealed firearm into or
within any building used for public housing; into or within any
publicly-accessible restroom or rest stop; into, within, or on
any bridge, tunnel, overpass, underpass, elevated walkway, or
other structure used as a public right of way; or into or
within any publicly-accessible parking facility. The
resolution, ordinance, or policy shall not prohibit a licensee
from carrying a concealed firearm in a public transportation
facility or while accessing the services of a public
transportation agency, including while traveling via public
transportation. For purposes of this Section, "public
transportation agency" means a public or private agency, or any
combination thereof, that provides for the transportation or
conveyance of persons by means available to the general public,
except taxicabs, livery cabs, or limousines. Violators of the
resolution or ordinance may be removed from the premises and
assessed a civil fine of up to $100.
(c) The owner of a business or commercial lessee, or a
private business enterprise, or any other private
organization, entity, or person, may prohibit licensees from
carrying a concealed firearm on the premises under its control.

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However, a private landlord of a residential or commercial
property shall not prohibit any lessee from possessing or
carrying a firearm in accordance with this Act in or on the
leased premises or during ingress or egress of the leased
premises. The owner, business or commercial lessee, or manager
of a private business enterprise or any other private
organization, entity, or person who allows the carrying of a
firearm by a licensee shall not be liable for any act of the
licensee that arises out of the licensee carrying a firearm.
(c-1) The Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, or Treasurer may prohibit
licensees from carrying a handgun in buildings under their
control.
(d) Except as otherwise provided in subsection (d-1) of
this Section, any person licensed under this Act who is
prohibited from carrying a concealed firearm into a building by
the provisions of subsection (a) or under an ordinance,
resolution, or policy adopted in accordance with subsection (b)
or (c) shall be permitted to store that firearm or ammunition
out of plain sight in his or her locked vehicle or in a locked
compartment or container within or securely affixed to the
outside of the vehicle. A licensee shall not be in violation of
this Section while he or she is traversing a public right of
way that touches or crosses any of the premises specified in
subsection (a) or from which firearms are prohibited under the
provisions of subsection (b) or (c), provided that the firearm

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is carried on his or her person or in a vehicle in accordance
with this Act or is being transported in a case or container in
accordance with applicable law. A licensee shall not be in
violation of subsection (b) or (c) if the responsible party for
the premises fails to conspicuously post notice of the
prohibition at all public entrances to the building in
accordance with subsection (g).
(d-1) Any person licensed under this Act who is prohibited
from carrying a concealed firearm into or onto any property,
building, or facility owned, leased, controlled, or used by a
nuclear energy, storage, weapons, or development site or
facility regulated by the federal Nuclear Regulatory
Commission shall not be permitted, under any circumstances, to
store the firearm or ammunition in his or her vehicle or in a
compartment or container within or securely affixed to the
outside of the vehicle while the vehicle is located anywhere in
or on such property, building, or facility.
(e) If a law enforcement officer initiates an investigative
stop, including but not limited to a traffic stop, of a
licensee who is carrying a concealed firearm under the
provisions of this Act, the licensee shall disclose as soon as
reasonably possible to the officer that he or she is in
possession of a concealed firearm under this Act. Disclosure
may be accomplished by oral notification or by providing or
displaying the license to carry a concealed firearm to the
officer. Any firearm that is removed from a licensee during an

09800HB1155ham030 - 24 - LRB098 08475 JWD 41940 a
investigative stop shall be returned immediately to the
licensee in its original condition upon conclusion of the stop
unless the licensee is placed under arrest.
(f) A licensee shall not carry a handgun under the
provisions of this Act while under the influence of illegal
drugs or hallucinogenic drugs or alcohol. For the purposes of
this subsection (f), under the influence of alcohol means a
blood alcohol content of .08 or greater.
(g) Signs stating that the carrying of a firearm is
prohibited shall be clearly and conspicuously posted at every
entrance of a building or premises specified in subsection (a)
or designated in accordance with subsection (b) or (c). Signs
shall be of a uniform size and design, not smaller than 8
inches by 10 inches as prescribed by the Department. The
Department shall adopt rules for standardized signs to be used
under this subsection.
(h) A violation of subsection (a), (b), (c), (d), or (f),
shall not be a criminal offense, but the licensee may be denied
access to or removed from the premises by management,
administration, or an authorized agent of the facility. If the
licensee refuses to obey these requests, law enforcement may be
summoned and the licensee may be cited for a petty offense and
fined not more than $100 plus costs for the first offense. If a
second violation occurs within 6 months of the first, the fine
may be up to $200 plus costs and the license to carry a handgun
may be suspended for 30 days. If a third violation occurs

09800HB1155ham030 - 25 - LRB098 08475 JWD 41940 a
within a year of the first offense, the fine may be up to $500
plus costs and the license may be suspended for 6 months. If a
licensee has more than 5 violations in 2 years for the above
offenses, the Department may revoke the license to carry a
handgun and the licensee shall not be eligible to receive
another license for a period of 3 years after the last
violation. After the revocation period expires, the licensee
shall file a new application with new documentation as
prescribed in Section 260-30 or Section 260-65 in order to
receive a new license.
(i) A violation of subsection (e) is a petty offense; the
licensee may be fined up to $200 plus costs plus a $50 fee to be
deposited in the Citizen Safety and Self-Defense Fund. A second
violation of subsection (e) may carry a fine of up to $500 plus
costs and $50 fee and suspension of the license for up to 6
months. A licensee with 3 or more violations of subsection (e)
within 2 years may have his or her license revoked for up to 3
years. After the revocation period expires, the licensee shall
file a new application with new documentation as prescribed in
Section 260-30 or Section 260-65 in order to receive a new
license.
Section 260-75. Immunity, employees, and agents. The
office of the county sheriff, or any employee or agent of the
county sheriff, or the Department of State Police shall not be
liable for damages in any civil action arising from alleged

09800HB1155ham030 - 26 - LRB098 08475 JWD 41940 a
wrongful or improper granting, renewing, or failure to revoke
licenses issued under this Act, except for willful or wanton
misconduct. The office of the county sheriff and any employees
or agents shall not be liable for submitting specific or
articulable reasons why an applicant should be denied a
license, unless the objection contains false, malicious, or
inaccurate information and the objection constituted willful
and wanton misconduct. Any owner, business or commercial
lessee, landlord, manager of a private business enterprise,
employer, or any other organization, entity, person, public or
private college, university, or post-secondary educational
institution that does not prohibit licensees from carrying
firearms on property it owns or occupies is immune from any
liability arising from its decision.
Section 260-80. Fees.
(a) Fees collected under this Act by the Department and
deposited into the Citizen Safety and Self-Defense Trust Fund
shall be appropriated for administration of this Act.
(b) Fees shall be:
New license: $80.
Renewal of license: $25.
Duplicate license due to lost or destroyed: $15.
Corrected license due to change of address or name: $15.
(c) By March 1 of each year, the Department shall submit a
statistical report to the Governor, the President of the

09800HB1155ham030 - 27 - LRB098 08475 JWD 41940 a
Senate, and the Speaker of the House of Representatives
indicating the number of licenses issued, revoked, suspended,
denied, and issued after appeal since the last report and in
total and also the number of licenses currently valid. The
report shall also include the number of arrests and convictions
and the types of crimes committed by licensees since the last
report.
(d) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means to show
that an individual has been issued a license by the Department
on the person's driver's license or State-issued
identification card.
Section 260-85. Applicant training.
(a) Applicants shall provide proof of completion of at
least one of the following courses:
(1) National Rifle Association Basic Personal
Protection In The Home Course.
(2) National Rifle Association Basics of Personal
Protection Outside The Home Course.
(3) National Rifle Association Basic Pistol Shooting
Course.
(4) Any other firearms training course of at least 6
hours that covers the following:
(A) handgun safety in the classroom, at home, on

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the firing range, and while carrying the firearm;
(B) the basic principles of marksmanship;
(C) care and cleaning of handguns;
(D) laws relating to the justifiable use of force.
(b) Applicants shall provide proof of certification by a
certified instructor that the applicant passed a live fire
exercise with a handgun consisting of:
(1) a minimum of 30 rounds; and
(2) 10 rounds from a distance of 5 yards, 10 rounds
from a distance of 7 yards, and 10 rounds from a distance
of 10 yards at a B-27 silhouette or equivalent target as
approved by the Department.
(b-5) Students may provide their own safe, functional
handgun. The qualification shall be performed with
factory-loaded ammunition.
(b-6) Grades of "passing" shall not be given on range work
to an applicant who:
(1) does not follow the orders of the certified
firearms instructor;
(2) in the judgment of the certified firearms
instructor, handles a firearm in a manner that poses a
danger to the applicant or to others; or
(3) during the testing portion of the range work fails
to hit the silhouette portion of the target with 70% of the
30 rounds fired.
(c) The classroom portion of the course may, at the

09800HB1155ham030 - 29 - LRB098 08475 JWD 41940 a
qualified firearms instructor's discretion, be divided into
segments of not less than 2 hours each.
(d) Instructors shall maintain all records for students'
performance for not less than 5 years.
(e) Certified firearms instructors shall:
(1) allow monitoring of their classes by officials of
any certifying agency;
(2) make all course records available upon demand to
authorized personnel of the Department; and
(3) not divulge course records except as authorized by
the certifying agency.
(f) Fees for applicant training courses shall be set by the
instructor.
(g) An applicant training course shall not have more than
40 students in the classroom portion nor more than 5 students
per range officer engaged in range firing.
(h) Persons with the following training or certifications
are exempt from the requirements of subsection (a) of this
Section:
(1) An National Rifle Association certified
instructor.
(2) An individual who has qualified to carry a firearm
as a retired law enforcement officer.
(3) Any active, retired, or honorably discharged
member of the armed forces.
(4) An individual certified as a law enforcement

09800HB1155ham030 - 30 - LRB098 08475 JWD 41940 a
instructor by the Illinois Law Enforcement Training
Standards Board or other equivalent agency.
Section 260-90. Firearms instructors training.
(a) Not later than 30 days after the effective date of this
Act, the Department shall establish a registry of instructors
who are eligible to teach courses or sign off on range
qualifications, or both, to meet the requirements of Section
260-85 of this Act.
(b) Instructors who are eligible to teach courses and
certify range qualifications shall have one of the following
valid firearms instructor certifications:
(1) National Rifle Association Personal Protection
Instructor;
(2) National Rifle Association Basic Pistol
Instructor;
(3) National Rifle Association Law Enforcement Firearm
Instructor with a certification for handguns;
(4) Certification from a firearms instructor's course
offered by a State or federal governmental agency; or
(5) A similar firearms instructor qualifying course
approved by the Illinois Law Enforcement Training
Standards Board.
(c) Instructors who are eligible to teach courses and
certify range qualifications shall be at least 21 years of age
and possess at least a high school diploma or GED certificate.

09800HB1155ham030 - 31 - LRB098 08475 JWD 41940 a
(d) An applicant may have his or her instructor
qualification revoked if the applicant:
(1) does not meet the requirements of this Act to
possess a concealed firearms permit;
(2) provides false or misleading information to the
Board; or
(3) has had a prior instructor qualification revoked by
the Board or other certifying organization.
Section 260-95. Home Rule Preemption. The regulation and
licensing of firearms, including their possession, carrying,
transportation, or the issuance of licenses to carry concealed
firearms, is an exclusive power and function of the State.
Except as provided in subsection (b) of Section 260-70, a home
rule unit shall not regulate the possession, carrying, or
transportation of firearms, their components or accessories,
or ammunition. A home rule unit shall not require registration
of firearms, regulate the number of firearms, or make any other
requirements or regulations of a person licensed under this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
exercise by home rule units of powers and functions exercised
by the State. Any unit of local government that violates this
Section shall be liable for all costs, fees, and damages to
anyone impacted by any rule or ordinance.

09800HB1155ham030 - 32 - LRB098 08475 JWD 41940 a
Section 260-100. Expedited appeal. A judgment of a circuit
court declaring this Act or any part of this Act
unconstitutional or unenforceable is appealable directly to
the Supreme Court. The notice of appeal shall be filed within
30 days after the judgment of the circuit court declaring this
Act or any part of this Act unconstitutional or unenforceable.
The manner of appeal shall be as provided in Supreme Court
Rules.
Section 260-105. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 265-5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures

09800HB1155ham030 - 33 - LRB098 08475 JWD 41940 a
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers

09800HB1155ham030 - 34 - LRB098 08475 JWD 41940 a
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the

09800HB1155ham030 - 35 - LRB098 08475 JWD 41940 a
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the

09800HB1155ham030 - 36 - LRB098 08475 JWD 41940 a
Firearm Owners Identification Card Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(y) Information maintained by the Department of State
Police in accordance with subsection (a) of Section 260-35 of
the Family and Personal Protection Act, except as authorized by
that Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
eff. 1-1-13.)
Section 265-10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended changing
Sections 2605-45 and 2605-300 and by adding Section 2605-595 as
follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested in
the Department by the Governor's Office of Management and

09800HB1155ham030 - 37 - LRB098 08475 JWD 41940 a
Budget Act.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested in
the Department by the Personnel Code.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the former Division of State Troopers by Section 17 of the
State Police Act.
(6) Exercise the rights, powers, and duties vested in
the Department by "An Act relating to internal auditing in
State government", approved August 11, 1967 (repealed; now
the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties vested in
the Department by the Firearm Owners Identification Card
Act.
(6.10) Exercise the rights, powers, and duties vested
in the Department by the Family and Personal Protection
Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Department.
(Source: P.A. 94-793, eff. 5-19-06.)

09800HB1155ham030 - 38 - LRB098 08475 JWD 41940 a
(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
Sec. 2605-300. Records; crime laboratories; personnel. To
do the following:
(1) Be a central repository and custodian of criminal
statistics for the State.
(2) Be a central repository for criminal history record
information.
(3) Procure and file for record information that is
necessary and helpful to plan programs of crime prevention,
law enforcement, and criminal justice.
(4) Procure and file for record copies of fingerprints
that may be required by law.
(5) Establish general and field crime laboratories.
(6) Register and file for record information that may
be required by law for the issuance of firearm owner's
identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Family and Personal Protection Act.
(7) Employ polygraph operators, laboratory
technicians, and other specially qualified persons to aid
in the identification of criminal activity.
(8) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

09800HB1155ham030 - 39 - LRB098 08475 JWD 41940 a
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-595 new)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund shall
receive revenue as provided under Section 5 of the Firearm
Owners Identification Card Act, and under the Family and
Personal Protection Act. The Fund may also receive revenue from
grants, pass-through grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act or the Family and Personal Protection Act, including
the cost of sending notices of expiration of Firearm Owner's
Identification Cards and concealed carry licenses, the prompt
and efficient processing of applications under the Firearm
Owners Identification Card Act and the Family and Personal
Protection Act, and support for investigations required under
these Acts.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(d) The State Police Firearm Services Fund shall not be
subject to fund sweeps or administrative chargebacks.

09800HB1155ham030 - 40 - LRB098 08475 JWD 41940 a
Section 265-15. The State Police Act is amended by adding
Section 25 as follows:
(20 ILCS 2610/25 new)
Sec. 25. Emergency procurement authorized. In order to
comply with recent court rulings regarding concealed carry in
Illinois, the provisions of this amendatory Act of the 98th
General Assembly, together with any procurements necessary for
the implementation of the Family and Personal Protection Act,
shall be eligible for emergency procurement for a period not
more than 180 days after the effective date of this amendatory
Act.
Section 265-20. The State Finance Act is amended by adding
Sections 5.826 and 5.827 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.
(30 ILCS 105/5.827 new)
Sec. 5.827. The State Police Firearm Services Fund.
(30 ILCS 105/5.206 rep.)
Section 265-25. The State Finance Act is amended by
repealing Section 5.206.

09800HB1155ham030 - 41 - LRB098 08475 JWD 41940 a
Section 265-30. The Firearm Owners Identification Card Act
is amended by changing Section 5 and by adding Section 5.1 as
follows:
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. The Department of State Police shall either approve
or deny all applications within 30 days from the date they are
received, and every applicant found qualified pursuant to
Section 8 of this Act by the Department shall be entitled to a
Firearm Owner's Identification Card upon the payment of a $10
fee. Any applicant who is an active duty member of the Armed
Forces of the United States, a member of the Illinois National
Guard, or a member of the Reserve Forces of the United States
is exempt from the application fee. $6 of each fee derived from
the issuance of Firearm Owner's Identification Cards, or
renewals thereof, shall be deposited in the Wildlife and Fish
Fund in the State Treasury; $1 of such fee shall be deposited
in the State Police Services Fund and $3 of such fee shall be
deposited in the State Police Firearm Services Fund Firearm
Owner's Notification Fund. Monies in the State Police Firearm
Services Fund Firearm Owner's Notification Fund shall be used
exclusively to pay for the cost of sending notices of
expiration of Firearm Owner's Identification Cards under
Section 13.2 of this Act, and the purposes specified in Section
2605-595 of the Department of State Police Law of the Civil

09800HB1155ham030 - 42 - LRB098 08475 JWD 41940 a
Administrative Code of Illinois. Excess monies in the Firearm
Owner's Notification Fund shall be used to ensure the prompt
and efficient processing of applications received under
Section 4 of this Act.
(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
(430 ILCS 65/5.1 new)
Sec. 5.1. State Police Firearm Services Fund. All moneys
remaining in the Firearm Owner's Notification Fund on the
effective date of this amendatory Act of the 98th General
Assembly shall be transferred into the State Police Firearm
Services Fund, a special fund created in the State treasury, to
be expended by the Department of State Police, for the purposes
specified in Section 5.
Section 265-35. The Criminal Code of 2012 is amended by
changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
Sec. 21-6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in
Section 33A-1 in any building or on land supported in whole or
in part with public funds or in any building on such land
without prior written permission from the chief security
officer for that such land or building commits a Class A
misdemeanor.

09800HB1155ham030 - 43 - LRB098 08475 JWD 41940 a
(b) The chief security officer must grant any reasonable
request for permission under paragraph (a).
(c) This Section shall not apply to a person acting
lawfully under the Family and Personal Protection Act.
(d) Subsection (a) shall not apply to any tenant or
resident of any public housing.
(Source: P.A. 89-685, eff. 6-1-97.)
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons
when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or

09800HB1155ham030 - 44 - LRB098 08475 JWD 41940 a
deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person 18
years of age or older; or
(4) Carries or possesses in any vehicle or concealed on
or about his person except when on his land or in his own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who is not otherwise prohibited from owning or
possessing a firearm under State or federal law has
been issued a currently valid Firearm Owner's
Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind

09800HB1155ham030 - 45 - LRB098 08475 JWD 41940 a
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than
16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon
made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but

09800HB1155ham030 - 46 - LRB098 08475 JWD 41940 a
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages for consumption on the
premises , or at any public gathering held pursuant to a
license issued by any governmental body or any public
gathering at which an admission is charged, excluding a
place where a showing, demonstration or lecture involving
the exhibition of unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses or acting in
accordance with the Family and Personal Protection Act; or
(9) Carries or possesses in a vehicle or on or about
his person any pistol, revolver, stun gun or taser or
firearm or ballistic knife, when he is hooded, robed or
masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon
any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town,
except when an invitee thereon or therein, for the purpose
of the display of such weapon or the lawful commerce in
weapons, or except when on his land or in his own abode,
legal dwelling, or fixed place of business, or on the land

09800HB1155ham030 - 47 - LRB098 08475 JWD 41940 a
or in the legal dwelling of another person as an invitee
with that person's permission, any pistol, revolver, stun
gun or taser or other firearm, except that this subsection
(a) (10) does not apply to or affect transportation of
weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who is not otherwise prohibited from owning or
possessing a firearm under State or federal law has
been issued a currently valid Firearm Owner's
Identification Card.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive

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bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a
short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation
subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible
to obtain a license under the Family and Personal Protection
Act except for the completion of Section 260-85 of the Act is
guilty of a Class C misdemeanor. A person convicted of a

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violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of subsection
24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
A person convicted of a violation of subsection 24-1(a)(7)(i)
commits a Class 2 felony and shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, unless the weapon is possessed in the passenger
compartment of a motor vehicle as defined in Section 1-146 of
the Illinois Vehicle Code, or on the person, while the weapon
is loaded, in which case it shall be a Class X felony. A person
convicted of a second or subsequent violation of subsection
24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
Class 3 felony. The possession of each weapon in violation of
this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising

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any public park, on the real property comprising any
courthouse, in any conveyance owned, leased or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony and shall
be sentenced to a term of imprisonment of not less than 3
years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance

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owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public

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transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security
officers of such school, college, or university or to
students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance

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of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use

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of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately
accessible at the time of the offense; or
(C) the person possessing the firearm has not been

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issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun as defined
in Section 24-3, unless the person under 21 is engaged
in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or
24-2(f).

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(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who is not prohibited from owning or possessing
a firearm under State or federal law by a person who
has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) of paragraph (3) of subsection (a)
are present is a Class 4 felony, for which the person shall
be sentenced to a term of imprisonment of not less than one
year and not more than 3 years.

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(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the

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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 an agency certified by the Department of
Financial and Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, while
actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment, provided that such commuting is accomplished
within one hour from departure from home or place of
employment, as the case may be. A person shall be

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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 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 agency at all
times when he or she is in possession of a concealable
weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,

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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.
(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 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

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and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if he
or she has completed the required 20 hours of training for
a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by the
Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. Such firearm control
card shall be carried by the person so trained at all times
when such person is in possession of a concealable weapon.
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.

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(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.
(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

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(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(6) A licensee under the Family and Personal Protection
Act, notwithstanding Section 260-70 of that Act, if the
licensee meets the requirements of the Family and Personal
Protection Act.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their

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official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.

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During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(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.

09800HB1155ham030 - 66 - LRB098 08475 JWD 41940 a
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.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer or a licensee
under the Family and Personal Protection Act, notwithstanding
Section 260-70 of that Act.
(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:

09800HB1155ham030 - 67 - LRB098 08475 JWD 41940 a
(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
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,

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firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic

09800HB1155ham030 - 69 - LRB098 08475 JWD 41940 a
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;

09800HB1155ham030 - 70 - LRB098 08475 JWD 41940 a
97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
revised 8-23-12.)".