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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Sections 20-10 and 40-10 as follows:
7 (225 ILCS 447/20-10)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 20-10. Qualifications for licensure as a private alarm
10contractor.
11 (a) A person is qualified for licensure as a private alarm
12contractor if he or she meets all of the following
13requirements:
14 (1) Is at least 21 years of age.
15 (2) Has not been convicted of any felony in any
16 jurisdiction or at least 10 years have elapsed since the
17 time of full discharge from a sentence imposed for a felony
18 conviction.
19 (3) Is of good moral character. Good moral character is
20 a continuing requirement of licensure. Conviction of
21 crimes other than felonies may be used in determining moral
22 character, but shall not constitute an absolute bar to
23 licensure, except where the applicant is a registered sex

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1 offender.
2 (4) Has not been declared by any court of competent
3 jurisdiction to be incompetent by reason of mental or
4 physical defect or disease, unless a court has subsequently
5 declared him or her to be competent.
6 (5) Is not suffering from dependence on alcohol or from
7 narcotic addiction or dependence.
8 (6) Has a minimum of 3 years experience during the 5
9 years immediately preceding the application (i) working as
10 a full-time manager for a licensed private alarm contractor
11 agency or (ii) working for a government, one of the armed
12 forces of the United States, or private entity that
13 inspects, reviews, designs, sells, installs, operates,
14 services, or monitors alarm systems that, in the judgment
15 of the Board, satisfies the standards of alarm industry
16 competence. The Board and the Department may accept, in
17 lieu of the experience requirement in this item (6),
18 alternative experience working as a full-time manager for a
19 private alarm contractor agency licensed in another state
20 or for a private alarm contractor agency in a state that
21 does not license such agencies, if the experience is
22 substantially equivalent to that gained working for an
23 Illinois licensed private alarm contractor agency. An
24 applicant who has received a 4-year degree or higher in
25 electrical engineering or a related field from a program
26 approved by the Board or a business degree from an

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1 accredited college or university shall be given credit for
2 2 years of the required experience. An applicant who has
3 successfully completed a national certification program
4 approved by the Board shall be given credit for one year of
5 the required experience.
6 (7) Has not been dishonorably discharged from the armed
7 forces of the United States.
8 (8) Has passed an examination authorized by the
9 Department.
10 (9) Submits his or her fingerprints, proof of having
11 general liability insurance required under subsection (c),
12 and the required license fee.
13 (10) Has not violated Section 10-5 of this Act.
14 (b) (Blank).
15 (c) It is the responsibility of the applicant to obtain
16general liability insurance in an amount and coverage
17appropriate for the applicant's circumstances as determined by
18rule. The applicant shall provide evidence of insurance to the
19Department before being issued a license. Failure to maintain
20general liability insurance and to provide the Department with
21written proof of the insurance shall result in cancellation of
22the license without hearing.
23(Source: P.A. 98-253, eff. 8-9-13.)
24 (225 ILCS 447/40-10)
25 (Section scheduled to be repealed on January 1, 2024)

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1 Sec. 40-10. Disciplinary sanctions.
2 (a) The Department may deny issuance, refuse to renew, or
3restore or may reprimand, place on probation, suspend, revoke,
4or take other disciplinary or non-disciplinary action against
5any license, registration, permanent employee registration
6card, canine handler authorization card, canine trainer
7authorization card, or firearm control card, may impose a fine
8not to exceed $10,000 for each violation, and may assess costs
9as provided for under Section 45-60, for any of the following:
10 (1) Fraud, deception, or misrepresentation in
11 obtaining or renewing of a license or registration.
12 (2) Professional incompetence as manifested by poor
13 standards of service.
14 (3) Engaging in dishonorable, unethical, or
15 unprofessional conduct of a character likely to deceive,
16 defraud, or harm the public.
17 (4) Conviction of or by plea of guilty or plea of nolo
18 contendere to a felony or misdemeanor in this State or any
19 other jurisdiction or the entry of an administrative
20 sanction by a government agency in this State or any other
21 jurisdiction; action taken under this paragraph (4) for a
22 misdemeanor or an administrative sanction is limited to a
23 misdemeanor or administrative sanction that has as an
24 essential element of dishonesty or fraud or involves
25 larceny, embezzlement, or obtaining money, property, or
26 credit by false pretenses or by means of a confidence

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1 game. , finding of guilt, jury verdict, or entry of judgment
2 or by sentencing of any crime including, but not limited
3 to, convictions, preceding sentences of supervision,
4 conditional discharge, or first offender probation, under
5 the laws of any jurisdiction of the United States that is
6 (i) a felony in a federal court; or (ii) a misdemeanor, an
7 essential element of which is dishonesty, or that is
8 directly related to the practice of the profession.
9 (5) Performing any services in a grossly negligent
10 manner or permitting any of a licensee's employees to
11 perform services in a grossly negligent manner, regardless
12 of whether actual damage to the public is established.
13 (6) Continued practice, although the person has become
14 unfit to practice due to any of the following:
15 (A) Physical illness, mental illness, or other
16 impairment, including, but not limited to,
17 deterioration through the aging process or loss of
18 motor skills that results in the inability to serve the
19 public with reasonable judgment, skill, or safety.
20 (B) (Blank).
21 (C) Habitual or excessive use or abuse of drugs
22 defined in law as controlled substances, alcohol, or
23 any other substance that results in the inability to
24 practice with reasonable judgment, skill, or safety.
25 (7) Receiving, directly or indirectly, compensation
26 for any services not rendered.

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1 (8) Willfully deceiving or defrauding the public on a
2 material matter.
3 (9) Failing to account for or remit any moneys or
4 documents coming into the licensee's possession that
5 belong to another person or entity.
6 (10) Discipline by another United States jurisdiction,
7 foreign nation, or governmental agency, if at least one of
8 the grounds for the discipline is the same or substantially
9 equivalent to those set forth in this Act.
10 (11) Giving differential treatment to a person that is
11 to that person's detriment because of race, color, creed,
12 sex, religion, or national origin.
13 (12) Engaging in false or misleading advertising.
14 (13) Aiding, assisting, or willingly permitting
15 another person to violate this Act or rules promulgated
16 under it.
17 (14) Performing and charging for services without
18 authorization to do so from the person or entity serviced.
19 (15) Directly or indirectly offering or accepting any
20 benefit to or from any employee, agent, or fiduciary
21 without the consent of the latter's employer or principal
22 with intent to or the understanding that this action will
23 influence his or her conduct in relation to his or her
24 employer's or principal's affairs.
25 (16) Violation of any disciplinary order imposed on a
26 licensee by the Department.

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1 (17) Performing any act or practice that is a violation
2 of this Act or the rules for the administration of this
3 Act, or having a conviction or administrative finding of
4 guilty as a result of violating any federal or State laws,
5 rules, or regulations that apply exclusively to the
6 practices of private detectives, private alarm
7 contractors, private security contractors, fingerprint
8 vendors, or locksmiths.
9 (18) Conducting an agency without a valid license.
10 (19) Revealing confidential information, except as
11 required by law, including but not limited to information
12 available under Section 2-123 of the Illinois Vehicle Code.
13 (20) Failing to make available to the Department, upon
14 request, any books, records, or forms required by this Act.
15 (21) Failing, within 30 days, to respond to a written
16 request for information from the Department.
17 (22) Failing to provide employment information or
18 experience information required by the Department
19 regarding an applicant for licensure.
20 (23) Failing to make available to the Department at the
21 time of the request any indicia of licensure or
22 registration issued under this Act.
23 (24) Purporting to be a licensee-in-charge of an agency
24 without active participation in the agency.
25 (25) A finding by the Department that the licensee,
26 after having his or her license placed on probationary

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1 status, has violated the terms of probation.
2 (26) Violating subsection (f) of Section 30-30.
3 (27) A firearm control card holder having more firearms
4 in his or her immediate possession than he or she can
5 reasonably exercise control over.
6 (28) Failure to report in writing to the Department,
7 within 60 days of an entry of a settlement or a verdict in
8 excess of $10,000, any legal action in which the quality of
9 the licensee's or registrant's professional services was
10 the subject of the legal action.
11 (b) All fines imposed under this Section shall be paid
12within 60 days after the effective date of the order imposing
13the fine.
14 (c) The Department shall adopt rules that set forth
15standards of service for the following: (i) acceptable error
16rate in the transmission of fingerprint images and other data
17to the Department of State Police; (ii) acceptable error rate
18in the collection and documentation of information used to
19generate fingerprint work orders; and (iii) any other standard
20of service that affects fingerprinting services as determined
21by the Department.
22 The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the patient is no

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1longer subject to involuntary admission or judicial admission
2and the issuance of an order so finding and discharging the
3patient.
4(Source: P.A. 98-253, eff. 8-9-13.)
5 Section 10. The Criminal Code of 2012 is amended by
6changing Section 24-2 as follows:
7 (720 ILCS 5/24-2)
8 Sec. 24-2. Exemptions.
9 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
11the following:
12 (1) Peace officers, and any person summoned by a peace
13 officer to assist in making arrests or preserving the
14 peace, while actually engaged in assisting such officer.
15 (2) Wardens, superintendents and keepers of prisons,
16 penitentiaries, jails and other institutions for the
17 detention of persons accused or convicted of an offense,
18 while in the performance of their official duty, or while
19 commuting between their homes and places of employment.
20 (3) Members of the Armed Services or Reserve Forces of
21 the United States or the Illinois National Guard or the
22 Reserve Officers Training Corps, while in the performance
23 of their official duty.
24 (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 that
18 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; provided that any person so employed has
3 successfully completed a course of study, approved by and
4 supervised by the Department of Financial and Professional
5 Regulation, consisting of not less than 40 hours of
6 training which includes theory of law enforcement,
7 liability for acts, and the handling of weapons. A person
8 shall be considered to be eligible for this exemption if he
9 or she has completed the required 20 hours of training for
10 a security officer and 20 hours of required firearm
11 training, and has been issued a firearm control card by the
12 Department of Financial and Professional Regulation.
13 Conditions for renewal of firearm control cards issued
14 under the provisions of this Section shall be the same as
15 for those issued under the provisions of the Private
16 Detective, Private Alarm, Private Security, Fingerprint
17 Vendor, and Locksmith Act of 2004. The Such firearm control
18 card shall be carried by the security guard person so
19 trained at all times when he or she such person is in
20 possession of a concealable weapon permitted by his or her
21 firearm control card. For purposes of this subsection,
22 "financial institution" means a bank, savings and loan
23 association, credit union or company providing armored car
24 services.
25 (9) Any person employed by an armored car company to
26 drive an armored car, while actually engaged in the

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1 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, if they have
16 received weapons training according to requirements of the
17 Peace Officer and Probation Officer Firearm Training Act.
18 (13) Court Security Officers while in the performance
19 of their official duties, or while commuting between their
20 homes and places of employment, with the consent of the
21 Sheriff.
22 (13.5) A person employed as an armed security guard at
23 a nuclear energy, storage, weapons or development site or
24 facility regulated by the Nuclear Regulatory Commission
25 who has completed the background screening and training
26 mandated by the rules and regulations of the Nuclear

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1 Regulatory Commission.
2 (14) Manufacture, transportation, or sale of weapons
3 to persons authorized under subdivisions (1) through
4 (13.5) of this subsection to possess those weapons.
5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any of the following:
12 (1) Members of any club or organization organized for
13 the purpose of practicing shooting at targets upon
14 established target ranges, whether public or private, and
15 patrons of such ranges, while such members or patrons are
16 using their firearms on those target ranges.
17 (2) Duly authorized military or civil organizations
18 while parading, with the special permission of the
19 Governor.
20 (3) Hunters, trappers or fishermen with a license or
21 permit while engaged in hunting, trapping or fishing.
22 (4) Transportation of weapons that are broken down in a
23 non-functioning state or are not immediately accessible.
24 (5) Carrying or possessing any pistol, revolver, stun
25 gun or taser or other firearm on the land or in the legal
26 dwelling of another person as an invitee with that person's

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1 permission.
2 (c) Subsection 24-1(a)(7) does not apply to or affect any
3of the following:
4 (1) Peace officers while in performance of their
5 official duties.
6 (2) Wardens, superintendents and keepers of prisons,
7 penitentiaries, jails and other institutions for the
8 detention of persons accused or convicted of an offense.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard, while in
11 the performance of their official duty.
12 (4) Manufacture, transportation, or sale of machine
13 guns to persons authorized under subdivisions (1) through
14 (3) of this subsection to possess machine guns, if the
15 machine guns are broken down in a non-functioning state or
16 are not immediately accessible.
17 (5) Persons licensed under federal law to manufacture
18 any weapon from which 8 or more shots or bullets can be
19 discharged by a single function of the firing device, or
20 ammunition for such weapons, and actually engaged in the
21 business of manufacturing such weapons or ammunition, but
22 only with respect to activities which are within the lawful
23 scope of such business, such as the manufacture,
24 transportation, or testing of such weapons or ammunition.
25 This exemption does not authorize the general private
26 possession of any weapon from which 8 or more shots or

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1 bullets can be discharged by a single function of the
2 firing device, but only such possession and activities as
3 are within the lawful scope of a licensed manufacturing
4 business described in this paragraph.
5 During transportation, such weapons shall be broken
6 down in a non-functioning state or not immediately
7 accessible.
8 (6) The manufacture, transport, testing, delivery,
9 transfer or sale, and all lawful commercial or experimental
10 activities necessary thereto, of rifles, shotguns, and
11 weapons made from rifles or shotguns, or ammunition for
12 such rifles, shotguns or weapons, where engaged in by a
13 person operating as a contractor or subcontractor pursuant
14 to a contract or subcontract for the development and supply
15 of such rifles, shotguns, weapons or ammunition to the
16 United States government or any branch of the Armed Forces
17 of the United States, when such activities are necessary
18 and incident to fulfilling the terms of such contract.
19 The exemption granted under this subdivision (c)(6)
20 shall also apply to any authorized agent of any such
21 contractor or subcontractor who is operating within the
22 scope of his employment, where such activities involving
23 such weapon, weapons or ammunition are necessary and
24 incident to fulfilling the terms of such contract.
25 (7) A person possessing a rifle with a barrel or
26 barrels less than 16 inches in length if: (A) the person

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1 has been issued a Curios and Relics license from the U.S.
2 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
3 the person is an active member of a bona fide, nationally
4 recognized military re-enacting group and the modification
5 is required and necessary to accurately portray the weapon
6 for historical re-enactment purposes; the re-enactor is in
7 possession of a valid and current re-enacting group
8 membership credential; and the overall length of the weapon
9 as modified is not less than 26 inches.
10 (d) Subsection 24-1(a)(1) does not apply to the purchase,
11possession or carrying of a black-jack or slung-shot by a peace
12officer.
13 (e) Subsection 24-1(a)(8) does not apply to any owner,
14manager or authorized employee of any place specified in that
15subsection nor to any law enforcement officer.
16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17Section 24-1.6 do not apply to members of any club or
18organization organized for the purpose of practicing shooting
19at targets upon established target ranges, whether public or
20private, while using their firearms on those target ranges.
21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22to:
23 (1) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard, while in
25 the performance of their official duty.
26 (2) Bonafide collectors of antique or surplus military

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1 ordinance.
2 (3) Laboratories having a department of forensic
3 ballistics, or specializing in the development of
4 ammunition or explosive ordinance.
5 (4) Commerce, preparation, assembly or possession of
6 explosive bullets by manufacturers of ammunition licensed
7 by the federal government, in connection with the supply of
8 those organizations and persons exempted by subdivision
9 (g)(1) of this Section, or like organizations and persons
10 outside this State, or the transportation of explosive
11 bullets to any organization or person exempted in this
12 Section by a common carrier or by a vehicle owned or leased
13 by an exempted manufacturer.
14 (g-5) Subsection 24-1(a)(6) does not apply to or affect
15persons licensed under federal law to manufacture any device or
16attachment of any kind designed, used, or intended for use in
17silencing the report of any firearm, firearms, or ammunition
18for those firearms equipped with those devices, and actually
19engaged in the business of manufacturing those devices,
20firearms, or ammunition, but only with respect to activities
21that are within the lawful scope of that business, such as the
22manufacture, transportation, or testing of those devices,
23firearms, or ammunition. This exemption does not authorize the
24general private possession of any device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm, but only such possession and activities

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1as are within the lawful scope of a licensed manufacturing
2business described in this subsection (g-5). During
3transportation, these devices shall be detached from any weapon
4or not immediately accessible.
5 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any parole agent or parole
7supervisor who meets the qualifications and conditions
8prescribed in Section 3-14-1.5 of the Unified Code of
9Corrections.
10 (g-7) Subsection 24-1(a)(6) does not apply to a peace
11officer while serving as a member of a tactical response team
12or special operations team. A peace officer may not personally
13own or apply for ownership of a device or attachment of any
14kind designed, used, or intended for use in silencing the
15report of any firearm. These devices shall be owned and
16maintained by lawfully recognized units of government whose
17duties include the investigation of criminal acts.
18 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
20athlete's possession, transport on official Olympic and
21Paralympic transit systems established for athletes, or use of
22competition firearms sanctioned by the International Olympic
23Committee, the International Paralympic Committee, the
24International Shooting Sport Federation, or USA Shooting in
25connection with such athlete's training for and participation
26in shooting competitions at the 2016 Olympic and Paralympic

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1Games and sanctioned test events leading up to the 2016 Olympic
2and Paralympic Games.
3 (h) An information or indictment based upon a violation of
4any subsection of this Article need not negative any exemptions
5contained in this Article. The defendant shall have the burden
6of proving such an exemption.
7 (i) Nothing in this Article shall prohibit, apply to, or
8affect the transportation, carrying, or possession, of any
9pistol or revolver, stun gun, taser, or other firearm consigned
10to a common carrier operating under license of the State of
11Illinois or the federal government, where such transportation,
12carrying, or possession is incident to the lawful
13transportation in which such common carrier is engaged; and
14nothing in this Article shall prohibit, apply to, or affect the
15transportation, carrying, or possession of any pistol,
16revolver, stun gun, taser, or other firearm, not the subject of
17and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
18this Article, which is unloaded and enclosed in a case, firearm
19carrying box, shipping box, or other container, by the
20possessor of a valid Firearm Owners Identification Card.
21(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
2297-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
2398-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
24 Section 99. Effective date. This Act takes effect upon
25becoming law.