98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2806
 
Introduced 1/29/2014, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:





720 ILCS 5/24-2

 Amends the Criminal Code of 2012. Provides that certain provisions of the unlawful use of weapons statute do not apply to persons licensed as private security contractors, private
detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, 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 (deletes provision that the commuting
is accomplished within one hour from departure from home or place of
employment, as the case may be). Provides that the
firearm control card shall be carried by the private security contractor, private
detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all
times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. Deletes provision that the exemption for a person regularly employed in a commercial or industrial
operation as a security guard for the protection of persons employed
and private property related to the 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, applies only to security guards who are members of a security force of at least 5 persons. Makes other changes concerning exemptions from certain unlawful use of weapons violations for security guards.



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A BILL FOR
 


SB2806LRB098 15343 RLC 50372 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 24-2 as follows:



6 (720 ILCS 5/24-2)



7 Sec. 24-2. Exemptions. 

8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
924-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
10the following:


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


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

15 penitentiaries, jails and other institutions for the 
16 detention of persons
accused or convicted of an offense, 
17 while in the performance of their
official duty, or while 
18 commuting between their homes and places of employment.


19  (3) Members of the Armed Services or Reserve Forces of 
20 the United States
or the Illinois National Guard or the 
21 Reserve Officers Training Corps,
while in the performance 
22 of their official duty.


23  (4) Special agents employed by a railroad or a public 
 
 
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1 utility to
perform police functions, and guards of armored 
2 car companies, while
actually engaged in the performance of 
3 the duties of their employment or
commuting between their 
4 homes and places of employment; and watchmen
while actually 
5 engaged in the performance of the duties of their 
6 employment.


7  (5) Persons licensed as private security contractors, 
8 private
detectives, or private alarm contractors, or 
9 employed by a private security contractor, private 
10 detective, or private alarm contractor an agency
licensed 
11 certified by the Department of Financial and Professional 
12 Regulation, if their duties
include the carrying of a 
13 weapon under the provisions of the Private
Detective, 
14 Private Alarm,
Private Security, Fingerprint Vendor, and 
15 Locksmith Act of 2004,
while actually
engaged in the 
16 performance of the duties of their employment or commuting

17 between their homes and places of employment , provided 
18 that such commuting
is accomplished within one hour from 
19 departure from home or place of
employment, as the case may 
20 be. A person shall be considered eligible for this

21 exemption if he or she has completed the required 20
hours 
22 of training for a private security contractor, private

23 detective, or private alarm contractor, or employee of a 
24 licensed private security contractor, private detective, 
25 or private alarm contractor agency and 20 hours of required 
26 firearm
training, and has been issued a firearm control 
 
 
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1 card by
the Department of Financial and Professional 
2 Regulation. Conditions for the renewal of
firearm control 
3 cards issued under the provisions of this Section
shall be 
4 the same as for those cards issued under the provisions of 
5 the
Private Detective, Private Alarm,
Private Security, 
6 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
7 control card shall be carried by the private security 
8 contractor, private
detective, or private alarm 
9 contractor, or employee of the licensed private security 
10 contractor, private detective, or private alarm contractor 
11 agency at all
times when he or she is in possession of a 
12 concealable weapon permitted by his or her firearm control 
13 card.


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

3 exemption if he or she has completed the required 20
hours 
4 of training for a security officer and 20 hours of required 
5 firearm
training, and has been issued a firearm control 
6 card by
the Department of Financial and Professional 
7 Regulation. Conditions for the renewal of
firearm control 
8 cards issued under the provisions of this Section
shall be 
9 the same as for those cards issued under the provisions of 
10 the
Private Detective, Private Alarm,
Private Security, 
11 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
12 control card shall be carried by the security guard at all

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


15  (7) Agents and investigators of the Illinois 
16 Legislative Investigating
Commission authorized by the 
17 Commission to carry the weapons specified in
subsections 
18 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

19 any investigation for the Commission.


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

23 actually engaged in the performance of their duties, 
24 commuting between
their homes and places of employment, or 
25 traveling between sites or
properties owned or operated by 
26 such financial institution, and who, as a security guard, 
 
 
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1 is a member of a security force registered with the 
2 Department of Financial and Professional Regulation; 
3 provided that
any person so employed has successfully 
4 completed a course of study,
approved by and supervised by 
5 the Department of Financial and Professional Regulation,

6 consisting of not less than 40 hours of training which 
7 includes theory of
law enforcement, liability for acts, and 
8 the handling of weapons.
A person shall be considered to be 
9 eligible for this exemption if he or
she has completed the 
10 required 20 hours of training for a security officer
and 20 
11 hours of required firearm training, and has been issued a

12 firearm control card by the Department of Financial and 
13 Professional Regulation.
Conditions for renewal of firearm 
14 control cards issued under the
provisions of this Section 
15 shall be the same as for those issued under the
provisions 
16 of the Private Detective, Private Alarm,
Private Security, 
17 Fingerprint Vendor, and Locksmith Act of 2004.
The Such 
18 firearm control card shall be carried by the security guard 
19 person so
trained at all times when he or she such person 
20 is in possession of a concealable
weapon permitted by his 
21 or her firearm control card. For purposes of this 
22 subsection, "financial institution" means a
bank, savings 
23 and loan association, credit union or company providing

24 armored car services.


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


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


4  (11) Investigators of the Office of the State's 
5 Attorneys Appellate
Prosecutor authorized by the board of 
6 governors of the Office of the
State's Attorneys Appellate 
7 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
8 State's Attorneys Appellate Prosecutor's Act.


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


11  (12.5) Probation officers while in the performance of 
12 their duties, or
while commuting between their homes, 
13 places of employment or specific locations
that are part of 
14 their assigned duties, with the consent of the chief judge 
15 of
the circuit for which they are employed.


16  (13) Court Security Officers while in the performance 
17 of their official
duties, or while commuting between their 
18 homes and places of employment, with
the
consent of the 
19 Sheriff.


20  (13.5) A person employed as an armed security guard at 
21 a nuclear energy,
storage, weapons or development site or 
22 facility regulated by the Nuclear
Regulatory Commission 
23 who has completed the background screening and training

24 mandated by the rules and regulations of the Nuclear 
25 Regulatory Commission.


26  (14) Manufacture, transportation, or sale of weapons 
 
 
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1 to
persons
authorized under subdivisions (1) through 
2 (13.5) of this
subsection
to
possess those weapons.

3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
4to
or affect any person carrying a concealed pistol, revolver, 
5or handgun and the person has been issued a currently valid 
6license under the Firearm Concealed Carry Act at the time of 
7the commission of the offense. 
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
924-1.6 do not
apply to or affect
any of the following:


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


15  (2) Duly authorized military or civil organizations 
16 while parading,
with the special permission of the 
17 Governor.


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

19 permit while engaged in hunting,
trapping or fishing.


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

21 non-functioning state or are not immediately accessible.

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


2  (1) Peace officers while in performance of their 
3 official duties.


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


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


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


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

21 scope of such business, such as the manufacture, 
22 transportation, or testing
of such weapons or ammunition. 
23 This exemption does not authorize the
general private 
24 possession of any weapon from which 8 or more
shots or 
25 bullets can be discharged by a single function of the 
26 firing
device, but only such possession and activities as 
 
 
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1 are within the lawful
scope of a licensed manufacturing 
2 business described in this paragraph.


3  During transportation, such weapons shall be broken 
4 down in a
non-functioning state or not immediately 
5 accessible.


6  (6) The manufacture, transport, testing, delivery, 
7 transfer or sale,
and all lawful commercial or experimental 
8 activities necessary thereto, of
rifles, shotguns, and 
9 weapons made from rifles or shotguns,
or ammunition for 
10 such rifles, shotguns or weapons, where engaged in
by a 
11 person operating as a contractor or subcontractor pursuant 
12 to a
contract or subcontract for the development and supply 
13 of such rifles,
shotguns, weapons or ammunition to the 
14 United States government or any
branch of the Armed Forces 
15 of the United States, when such activities are
necessary 
16 and incident to fulfilling the terms of such contract.


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

18 shall also apply to any authorized agent of any such 
19 contractor or
subcontractor who is operating within the 
20 scope of his employment, where
such activities involving 
21 such weapon, weapons or ammunition are necessary
and 
22 incident to fulfilling the terms of such contract.

23  (7) A person possessing a rifle with a barrel or 
24 barrels less than 16 inches in length if: (A) the person 
25 has been issued a Curios and Relics license from the U.S. 
26 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
 
 
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1 the person is an active member of a bona fide, nationally 
2 recognized military re-enacting group and the modification 
3 is required and necessary to accurately portray the weapon 
4 for historical re-enactment purposes; the re-enactor is in 
5 possession of a valid and current re-enacting group 
6 membership credential; and the overall length of the weapon 
7 as modified is not less than 26 inches.
8 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
9possession
or carrying of a black-jack or slung-shot by a peace 
10officer.

11 (e) Subsection 24-1(a)(8) does not apply to any owner, 
12manager or
authorized employee of any place specified in that 
13subsection nor to any
law enforcement officer.

14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
15Section 24-1.6
do not apply
to members of any club or 
16organization organized for the purpose of practicing
shooting 
17at targets upon established target ranges, whether public or 
18private,
while using their firearms on those target ranges.

19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
20to:


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


24  (2) Bonafide collectors of antique or surplus military 
25 ordinance.


26  (3) Laboratories having a department of forensic 
 
 
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1 ballistics, or
specializing in the development of 
2 ammunition or explosive ordinance.


3  (4) Commerce, preparation, assembly or possession of 
4 explosive
bullets by manufacturers of ammunition licensed 
5 by the federal government,
in connection with the supply of 
6 those organizations and persons exempted
by subdivision 
7 (g)(1) of this Section, or like organizations and persons

8 outside this State, or the transportation of explosive 
9 bullets to any
organization or person exempted in this 
10 Section by a common carrier or by a
vehicle owned or leased 
11 by an exempted manufacturer.

12 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
13persons licensed
under federal law to manufacture any device or 
14attachment of any kind designed,
used, or intended for use in 
15silencing the report of any firearm, firearms, or
ammunition

16for those firearms equipped with those devices, and actually 
17engaged in the
business of manufacturing those devices, 
18firearms, or ammunition, but only with
respect to
activities 
19that are within the lawful scope of that business, such as the

20manufacture, transportation, or testing of those devices, 
21firearms, or
ammunition. This
exemption does not authorize the 
22general private possession of any device or
attachment of any 
23kind designed, used, or intended for use in silencing the

24report of any firearm, but only such possession and activities 
25as are within
the
lawful scope of a licensed manufacturing 
26business described in this subsection
(g-5). During 
 
 
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1transportation, these devices shall be detached from any weapon

2or
not immediately accessible.

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

424-1.6 do not apply to
or affect any parole agent or parole 
5supervisor who meets the qualifications and conditions 
6prescribed in Section 3-14-1.5 of the Unified Code of 
7Corrections. 
8 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
9officer while serving as a member of a tactical response team 
10or special operations team. A peace officer may not personally 
11own or apply for ownership of a device or attachment of any 
12kind designed, used, or intended for use in silencing the 
13report of any firearm. These devices shall be owned and 
14maintained by lawfully recognized units of government whose 
15duties include the investigation of criminal acts.
16 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
18athlete's possession, transport on official Olympic and 
19Paralympic transit systems established for athletes, or use of 
20competition firearms sanctioned by the International Olympic 
21Committee, the International Paralympic Committee, the 
22International Shooting Sport Federation, or USA Shooting in 
23connection with such athlete's training for and participation 
24in shooting competitions at the 2016 Olympic and Paralympic 
25Games and sanctioned test events leading up to the 2016 Olympic 
26and Paralympic Games. 
 
 
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1 (h) An information or indictment based upon a violation of 
2any
subsection of this Article need not negative any exemptions 
3contained in
this Article. The defendant shall have the burden 
4of proving such an
exemption.

5 (i) Nothing in this Article shall prohibit, apply to, or 
6affect
the transportation, carrying, or possession, of any 
7pistol or revolver,
stun gun, taser, or other firearm consigned 
8to a common carrier operating
under license of the State of 
9Illinois or the federal government, where
such transportation, 
10carrying, or possession is incident to the lawful

11transportation in which such common carrier is engaged; and 
12nothing in this
Article shall prohibit, apply to, or affect the 
13transportation, carrying,
or possession of any pistol, 
14revolver, stun gun, taser, or other firearm,
not the subject of 
15and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
16this Article, which is unloaded and enclosed in a case, firearm

17carrying box, shipping box, or other container, by the 
18possessor of a valid
Firearm Owners Identification Card.

19(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 
2097-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; 
2198-463, eff. 8-16-13.)