Sen. Dan McConchie
Filed: 3/10/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1809 




2 AMENDMENT NO. ______. Amend Senate Bill 1809 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 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, 
 
 
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1 while in the performance of their
official duty, or while 
2 commuting between their homes and places of employment.

3  (3) Members of the Armed Services or Reserve Forces of 
4 the United States
or the Illinois National Guard or the 
5 Reserve Officers Training Corps,
while in the performance 
6 of their official duty.

7  (4) Special agents employed by a railroad or a public 
8 utility to
perform police functions, and guards of armored 
9 car companies, while
actually engaged in the performance of 
10 the duties of their employment or
commuting between their 
11 homes and places of employment; and watchmen
while actually 
12 engaged in the performance of the duties of their 
13 employment.

14  (5) Persons licensed as private security contractors, 
15 private
detectives, or private alarm contractors, or 
16 employed by a private security contractor, private 
17 detective, or private alarm contractor agency licensed
by 
18 the Department of Financial and Professional Regulation, 
19 if their duties
include the carrying of a weapon under the 
20 provisions of the Private
Detective, Private Alarm,

21 Private Security, Fingerprint Vendor, and Locksmith Act of 
22 2004,
while actually
engaged in the performance of the 
23 duties of their employment or commuting
between their homes 
24 and places of employment. A person shall be considered 
25 eligible for this
exemption if he or she has completed the 
26 required 20
hours of training for a private security 
 
 
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1 contractor, private
detective, or private alarm 
2 contractor, or employee of a licensed private security 
3 contractor, private detective, or private alarm contractor 
4 agency and 20 hours of required firearm
training, and has 
5 been issued a firearm control card by
the Department of 
6 Financial and Professional Regulation. Conditions for the 
7 renewal of
firearm control cards issued under the 
8 provisions of this Section
shall be the same as for those 
9 cards issued under the provisions of the
Private Detective, 
10 Private Alarm,
Private Security, Fingerprint Vendor, and 
11 Locksmith Act of 2004. The
firearm control card shall be 
12 carried by the private security contractor, private

13 detective, or private alarm contractor, or employee of the 
14 licensed private security contractor, private detective, 
15 or private alarm contractor agency at all
times when he or 
16 she is in possession of a concealable weapon permitted by 
17 his or her firearm control card.

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

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

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

19  (7) Agents and investigators of the Illinois 
20 Legislative Investigating
Commission authorized by the 
21 Commission to carry the weapons specified in
subsections 
22 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

23 any investigation for the Commission.

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

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

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

 
 
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1 armored car services.

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

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

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

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

14  (12.5) Probation officers while in the performance of 
15 their duties, or
while commuting between their homes, 
16 places of employment or specific locations
that are part of 
17 their assigned duties, with the consent of the chief judge 
18 of
the circuit for which they are employed, if they have 
19 received weapons training according
to requirements of the 
20 Peace Officer and Probation Officer Firearm Training Act.

21  (13) Court Security Officers while in the performance 
22 of their official
duties, or while commuting between their 
23 homes and places of employment, with
the
consent of the 
24 Sheriff.

25  (13.5) A person employed as an armed security guard at 
26 a nuclear energy,
storage, weapons or development site or 
 
 
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1 facility regulated by the Nuclear
Regulatory Commission 
2 who has completed the background screening and training

3 mandated by the rules and regulations of the Nuclear 
4 Regulatory Commission.

5  (14) Manufacture, transportation, or sale of weapons 
6 to
persons
authorized under subdivisions (1) through 
7 (13.5) of this
subsection
to
possess those weapons.

8 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
9to
or affect any person carrying a concealed pistol, revolver, 
10or handgun and the person has been issued a currently valid 
11license under the Firearm Concealed Carry Act at the time of 
12the commission of the offense. 
13 (a-10) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
14to fire fighters who are (1) full-time, sworn, and compensated; 
15(2) have a valid concealed carry license; (3) carry on duty; 
16and (4) are approved to carry on duty by the mayor, city 
17council, village president, or village board of trustees. 
18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1924-1.6 do not
apply to or affect
any of the following:

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

25  (2) Duly authorized military or civil organizations 
26 while parading,
with the special permission of the 
 
 
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1 Governor.

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

3 permit while engaged in hunting,
trapping or fishing.

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

5 non-functioning state or are not immediately accessible.

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

12  (1) Peace officers while in performance of their 
13 official duties.

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

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

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

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

13  During transportation, such weapons shall be broken 
14 down in a
non-functioning state or not immediately 
15 accessible.

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

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

2 shall also apply to any authorized agent of any such 
3 contractor or
subcontractor who is operating within the 
4 scope of his employment, where
such activities involving 
5 such weapon, weapons or ammunition are necessary
and 
6 incident to fulfilling the terms of such contract.

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

21 (e) Subsection 24-1(a)(8) does not apply to any owner, 
22manager or
authorized employee of any place specified in that 
23subsection nor to any
law enforcement officer.

24 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
25Section 24-1.6
do not apply
to members of any club or 
26organization organized for the purpose of practicing
shooting 
 
 
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1at targets upon established target ranges, whether public or 
2private,
while using their firearms on those target ranges.

3 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
4to:

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

8  (2) Bonafide collectors of antique or surplus military 
9 ordnance ordinance.

10  (3) Laboratories having a department of forensic 
11 ballistics, or
specializing in the development of 
12 ammunition or explosive ordnance ordinance.

13  (4) Commerce, preparation, assembly or possession of 
14 explosive
bullets by manufacturers of ammunition licensed 
15 by the federal government,
in connection with the supply of 
16 those organizations and persons exempted
by subdivision 
17 (g)(1) of this Section, or like organizations and persons

18 outside this State, or the transportation of explosive 
19 bullets to any
organization or person exempted in this 
20 Section by a common carrier or by a
vehicle owned or leased 
21 by an exempted manufacturer.

22 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
23persons licensed
under federal law to manufacture any device or 
24attachment of any kind designed,
used, or intended for use in 
25silencing the report of any firearm, firearms, or
ammunition

26for those firearms equipped with those devices, and actually 
 
 
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1engaged in the
business of manufacturing those devices, 
2firearms, or ammunition, but only with
respect to
activities 
3that are within the lawful scope of that business, such as the

4manufacture, transportation, or testing of those devices, 
5firearms, or
ammunition. This
exemption does not authorize the 
6general private possession of any device or
attachment of any 
7kind designed, used, or intended for use in silencing the

8report of any firearm, but only such possession and activities 
9as are within
the
lawful scope of a licensed manufacturing 
10business described in this subsection
(g-5). During 
11transportation, these devices shall be detached from any weapon

12or
not immediately accessible.

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

1424-1.6 do not apply to
or affect any parole agent or parole 
15supervisor who meets the qualifications and conditions 
16prescribed in Section 3-14-1.5 of the Unified Code of 
17Corrections. 
18 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
19officer while serving as a member of a tactical response team 
20or special operations team. A peace officer may not personally 
21own or apply for ownership of a device or attachment of any 
22kind designed, used, or intended for use in silencing the 
23report of any firearm. These devices shall be owned and 
24maintained by lawfully recognized units of government whose 
25duties include the investigation of criminal acts.
26 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

 
 
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124-1.6 do not apply to
or affect any currently employed or 
2retired:
3  (1) State correctional officer who meets the 
4 qualifications and conditions prescribed in Section 3-2-12 
5 of the Unified Code of Corrections; or
6  (2) county correctional officer who meets the 
7 qualifications and conditions prescribed in Section 26.1 
8 of the County Jail Act. 
9 (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and 
1024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
11athlete's possession, transport on official Olympic and 
12Paralympic transit systems established for athletes, or use of 
13competition firearms sanctioned by the International Olympic 
14Committee, the International Paralympic Committee, the 
15International Shooting Sport Federation, or USA Shooting in 
16connection with such athlete's training for and participation 
17in shooting competitions at the 2016 Olympic and Paralympic 
18Games and sanctioned test events leading up to the 2016 Olympic 
19and Paralympic Games. 
20 (h) An information or indictment based upon a violation of 
21any
subsection of this Article need not negative any exemptions 
22contained in
this Article. The defendant shall have the burden 
23of proving such an
exemption.

24 (i) Nothing in this Article shall prohibit, apply to, or 
25affect
the transportation, carrying, or possession, of any 
26pistol or revolver,
stun gun, taser, or other firearm consigned 
 
 
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1to a common carrier operating
under license of the State of 
2Illinois or the federal government, where
such transportation, 
3carrying, or possession is incident to the lawful

4transportation in which such common carrier is engaged; and 
5nothing in this
Article shall prohibit, apply to, or affect the 
6transportation, carrying,
or possession of any pistol, 
7revolver, stun gun, taser, or other firearm,
not the subject of 
8and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
9this Article, which is unloaded and enclosed in a case, firearm

10carrying box, shipping box, or other container, by the 
11possessor of a valid
Firearm Owners Identification Card.

12(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, 
13eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)

14 Section 10. The Unified Code of Corrections is amended by 
15adding Section 3-2-12 as follows:

16 (730 ILCS 5/3-2-12 new)
17 Sec. 3-2-12. State correctional officers; off-duty 
18firearms. 
19 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2024-1.6 of the Criminal Code of 2012 do not apply to currently 
21employed or retired State correctional officers who meet the 
22following conditions:
23  (1) The currently employed or retired State 
24 correctional officer must be at least 21 years of age and 
 
 
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1 possess a valid Firearm Owner's Identification Card as 
2 prescribed in the Firearm Owners Identification Card Act, 
3 receive
training in the use of firearms while off duty 
4 conducted by the Illinois Law Enforcement Training 
5 Standards Board, and be certified as successfully 
6 completing the training by the Board. The Board shall 
7 determine the amount of the training and the course content 
8 for the training. The currently employed or retired State 
9 correctional officer shall requalify for the firearms 
10 training annually at a State range certified by the 
11 Illinois Law Enforcement Training Standards Board. The 
12 expenses of the retraining shall be paid by the currently 
13 employed or retired State correctional officer and moneys 
14 for the costs of the requalification shall be expended at 
15 the request of the Illinois Law Enforcement Training 
16 Standards Board.
17  (2) The currently employed or retired State 
18 correctional officer shall purchase
the firearm at his or 
19 her own expense and shall register the firearm with the 
20 Illinois Department of State Police and with any other 
21 local law enforcement agencies that require the 
22 registration.
23  (3) The currently employed or retired State 
24 correctional officer may not carry
any Illinois Department 
25 of Corrections or Department of Juvenile Justice 
26 State-issued firearm while off duty. A person who violates 
 
 
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1 this paragraph (3) is subject to disciplinary action by the 
2 Illinois Department of Corrections or the Department of 
3 Juvenile Justice.
4  (4) State correctional officers who are or were 
5 discharged from
employment by the Illinois Department of 
6 Corrections or the Department of Juvenile Justice for cause 
7 shall no longer be considered law enforcement officials and 
8 all their rights as law enforcement officials shall be 
9 revoked permanently, unless employed thereafter by the 
10 Department of Corrections or the Department of Juvenile 
11 Justice.
12 (b) For the purposes of this Section, "State correctional 
13officer" means an employee of the Department of Corrections or 
14the Department of Juvenile Justice who has custody and control 
15over inmates in an adult or juvenile correctional facility.

16 Section 15. The County Jail Act is amended by adding 
17Section 26.1 as follows:

18 (730 ILCS 125/26.1 new)
19 Sec. 26.1. County correctional officers; off-duty 
20firearms.
21 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2224-1.6 of the Criminal Code of 2012 do not apply to currently 
23employed or retired county correctional officers who meet the 
24following conditions:
 
 
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1  (1) The currently employed or retired county 
2 correctional officer must be at least 21 years of age and 
3 possess a valid Firearm Owner's Identification Card as 
4 prescribed in the Firearm Owners Identification Card Act, 
5 receive
training in the use of firearms while off duty 
6 conducted by the Illinois Law Enforcement Training 
7 Standards Board, and be certified as successfully 
8 completing the training by the Board. The Board shall 
9 determine the amount of the training and the course content 
10 for the training. The currently employed or retired county 
11 correctional officer shall requalify for the firearms 
12 training annually at a State range certified by the 
13 Illinois Law Enforcement Training Standards Board. The 
14 expenses of the retraining shall be paid by the currently 
15 employed or retired county correctional officer and moneys 
16 for the costs of the requalification shall be expended at 
17 the request of the Illinois Law Enforcement Training 
18 Standards Board.
19  (2) The currently employed or retired county 
20 correctional officer shall purchase
the firearm at his or 
21 her own expense and shall register the firearm with the 
22 Illinois Department of State Police and with any other 
23 local law enforcement agencies that require the 
24 registration.
25  (3) The currently employed or retired county 
26 correctional officer may not carry
any county 
 
 
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1 sheriff-issued firearm while off duty. A person who 
2 violates this paragraph (3) is subject to disciplinary 
3 action by the county sheriff.
4  (4) County correctional officers who are or were 
5 discharged from
employment by a county sheriff for cause 
6 shall no longer be considered law enforcement officials and 
7 all their rights as law enforcement officials shall be 
8 revoked permanently, unless employed thereafter by a 
9 county sheriff.
10 (b) For the purposes of this Section, "county correctional 
11officer" means an employee of the county who has custody and 
12control over inmates in a county jail or juvenile detention 
13center.".