Rep. Monica Bristow
Filed: 5/15/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1139




2 AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by 
3replacing lines 4 and 5 with the following:


4 "Section 5. The Firearm Concealed Carry Act is amended by 
5changing Sections 4 and 8 as follows:



6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


7 Sec. 4. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 


11  (1) Make application on blank forms prepared and 
12 furnished at convenient
locations throughout the State by 
13 the Department of State Police, or by
electronic means, if 
14 and when made available by the Department of State
Police; 
15 and


16  (2) Submit evidence to the Department of State Police 
 
 
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1 that:


2   (i) He or she is 21 years of age or over, or if he 
3 or she is under 21
years of age that he or she has 
4 never been convicted of a misdemeanor other than a 
5 traffic offense or adjudged delinquent and is an active 
6 duty member of the United States Armed Forces or has 
7 the written consent of his or her parent or
legal 
8 guardian to possess and acquire firearms and firearm 
9 ammunition and that
he or she has never been convicted 
10 of a misdemeanor other than a traffic
offense or 
11 adjudged
delinquent, provided, however, that such 
12 parent or legal guardian is not an
individual 
13 prohibited from having a Firearm Owner's 
14 Identification Card and
files an affidavit with the 
15 Department as prescribed by the Department
stating 
16 that he or she is not an individual prohibited from 
17 having a Card or the active duty member of the United 
18 States Armed Forces under 21 years of age annually 
19 submits proof to the Department of State Police, in a 
20 manner prescribed by the Department;


21   (ii) He or she has not been convicted of a felony 
22 under the laws of
this or any other jurisdiction;


23   (iii) He or she is not addicted to narcotics;


24   (iv) He or she has not been a patient in a mental 
25 health facility within
the past 5 years or, if he or 
26 she has been a patient in a mental health facility more 
 
 
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1 than 5 years ago submit the certification required 
2 under subsection (u) of Section 8 of this Act;


3   (v) He or she is not a person with an intellectual 
4 disability;


5   (vi) He or she is not an alien who is unlawfully 
6 present in the
United States under the laws of the 
7 United States;


8   (vii) He or she is not subject to an existing order 
9 of protection
prohibiting him or her from possessing a 
10 firearm;


11   (viii) He or she has not been convicted within the 
12 past 5 years of
battery, assault, aggravated assault, 
13 violation of an order of
protection, or a substantially 
14 similar offense in another jurisdiction, in
which a 
15 firearm was used or possessed;


16   (ix) He or she has not been convicted of domestic 
17 battery, aggravated domestic battery, or a

18 substantially similar offense in another
jurisdiction 
19 committed before, on or after January 1, 2012 (the 
20 effective date of Public Act 97-158). If the applicant 
21 knowingly and intelligently waives the right to have an 
22 offense described in this clause (ix) tried by a jury, 
23 and by guilty plea or otherwise, results in a 
24 conviction for an offense in which a domestic 
25 relationship is not a required element of the offense 
26 but in which a determination of the applicability of 18 
 
 
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1 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
2 Code of Criminal Procedure of 1963, an entry by the 
3 court of a judgment of conviction for that offense 
4 shall be grounds for denying the issuance of a Firearm 
5 Owner's Identification Card under this Section;


6   (x) (Blank);


7   (xi) He or she is not an alien who has been 
8 admitted to the United
States under a non-immigrant 
9 visa (as that term is defined in Section
101(a)(26) of 
10 the Immigration and Nationality Act (8 U.S.C. 
11 1101(a)(26))),
or that he or she is an alien who has 
12 been lawfully admitted to the United
States under a 
13 non-immigrant visa if that alien is:


14    (1) admitted to the United States for lawful 
15 hunting or sporting
purposes;


16    (2) an official representative of a foreign 
17 government who is:


18     (A) accredited to the United States 
19 Government or the Government's
mission to an 
20 international organization having its 
21 headquarters in the United
States; or


22     (B) en route to or from another country to 
23 which that alien is
accredited;


24    (3) an official of a foreign government or 
25 distinguished foreign
visitor who has been so 
26 designated by the Department of State;


 
 
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1    (4) a foreign law enforcement officer of a 
2 friendly foreign
government entering the United 
3 States on official business; or


4    (5) one who has received a waiver from the 
5 Attorney General of the
United States pursuant to 
6 18 U.S.C. 922(y)(3);


7   (xii) He or she is not a minor subject to a 
8 petition filed
under Section 5-520 of the Juvenile 
9 Court Act of 1987 alleging that the
minor is a 
10 delinquent minor for the commission of an offense that 
11 if
committed by an adult would be a felony;


12   (xiii) He or she is not an adult who had been 
13 adjudicated a delinquent
minor under the Juvenile 
14 Court Act of 1987 for the commission of an offense
that 
15 if committed by an adult would be a felony;

16   (xiv) He or she is a resident of the State of 
17 Illinois; 
18   (xv) He or she has not been adjudicated as a person 
19 with a mental disability; 
20   (xvi) He or she has not been involuntarily admitted 
21 into a mental health facility; and 
22   (xvii) He or she is not a person with a 
23 developmental disability; and 

24  (3) Upon request by the Department of State Police, 
25 sign a release on a
form prescribed by the Department of 
26 State Police waiving any right to
confidentiality and 
 
 
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1 requesting the disclosure to the Department of State Police

2 of limited mental health institution admission information 
3 from another state,
the District of Columbia, any other 
4 territory of the United States, or a
foreign nation 
5 concerning the applicant for the sole purpose of 
6 determining
whether the applicant is or was a patient in a 
7 mental health institution and
disqualified because of that 
8 status from receiving a Firearm Owner's
Identification 
9 Card. No mental health care or treatment records may be

10 requested. The information received shall be destroyed 
11 within one year of
receipt.

12 (a-5) Each applicant for a Firearm Owner's Identification 
13Card who is over
the age of 18 shall furnish to the Department 
14of State Police either his or
her Illinois driver's license 
15number or Illinois Identification Card number, except as

16provided in subsection (a-10).

17 (a-10) Each applicant for a Firearm Owner's Identification 
18Card,
who is employed as a law enforcement officer, an armed 
19security officer in Illinois, or by the United States Military

20permanently assigned in Illinois and who is not an Illinois 
21resident, shall furnish to
the Department of State Police his 
22or her driver's license number or state
identification card 
23number from his or her state of residence. The Department
of 
24State Police may adopt rules to enforce the provisions of this

25subsection (a-10).

26 (a-15) If an applicant applying for a Firearm Owner's 
 
 
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1Identification Card moves from the residence address named in 
2the application, he or she shall immediately notify in a form 
3and manner prescribed by the Department of State Police of that 
4change of address.
5 (a-20) Each applicant for a Firearm Owner's Identification 
6Card shall furnish to the Department of State Police his or her 
7photograph. An applicant who is 21 years of age or older 
8seeking a religious exemption to the photograph requirement 
9must furnish with the application an approved copy of United 
10States Department of the Treasury Internal Revenue Service Form 
114029. In lieu of a photograph, an applicant regardless of age 
12seeking a religious exemption to the photograph requirement 
13shall submit fingerprints on a form and manner prescribed by 
14the Department with his or her application. 
15 (b) Each application form shall include the following 
16statement printed in
bold type: "Warning: Entering false 
17information on an application for a Firearm
Owner's 
18Identification Card is punishable as a Class 2 felony in 
19accordance
with subsection (d-5) of Section 14 of the Firearm 
20Owners Identification Card
Act.".

21 (c) Upon such written consent, pursuant to Section 4, 
22paragraph (a)(2)(i),
the parent or legal guardian giving the 
23consent shall be liable for any
damages resulting from the 
24applicant's use of firearms or firearm ammunition.

25(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




 
 
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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

2 Sec. 8. Grounds for denial and revocation. The Department 
3of State Police has authority to deny an
application for or to 
4revoke and seize a Firearm Owner's Identification
Card 
5previously issued under this Act only if the Department finds 
6that the
applicant or the person to whom such card was issued 
7is or was at the time
of issuance:

8  (a) A person under 21 years of age who has been 
9 convicted of a
misdemeanor other than a traffic offense or 
10 adjudged delinquent;

11  (b) A person under 21 years of age who is not an active 
12 duty member of the of the United States Armed Forces and 
13 does not have the written consent
of his parent or guardian 
14 to acquire and possess firearms and firearm
ammunition, or 
15 whose parent or guardian has revoked such written consent,

16 or where such parent or guardian does not qualify to have a 
17 Firearm Owner's
Identification Card;

18  (c) A person convicted of a felony under the laws of 
19 this or any other
jurisdiction;

20  (d) A person addicted to narcotics;

21  (e) A person who has been a patient of a mental health 
22 facility within the
past 5 years or a person who has been a 
23 patient in a mental health facility more than 5 years ago 
24 who has not received the certification required under 
25 subsection (u) of this Section. An active law enforcement 
26 officer employed by a unit of government who is denied, 
 
 
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1 revoked, or has his or her Firearm Owner's Identification 
2 Card seized under this subsection (e) may obtain relief as 
3 described in subsection (c-5) of Section 10 of this Act if 
4 the officer did not act in a manner threatening to the 
5 officer, another person, or the public as determined by the 
6 treating clinical psychologist or physician, and the 
7 officer seeks mental health treatment;

8  (f) A person whose mental condition is of such a nature 
9 that it poses
a clear and present danger to the applicant, 
10 any other person or persons or
the community;

11  (g) A person who has an intellectual disability;

12  (h) A person who intentionally makes a false statement 
13 in the Firearm
Owner's Identification Card application;

14  (i) An alien who is unlawfully present in
the United 
15 States under the laws of the United States;

16  (i-5) An alien who has been admitted to the United 
17 States under a
non-immigrant visa (as that term is defined 
18 in Section 101(a)(26) of the
Immigration and Nationality 
19 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
20 (i-5) does not apply to any alien who has been lawfully 
21 admitted to
the United States under a non-immigrant visa if 
22 that alien is:

23   (1) admitted to the United States for lawful 
24 hunting or sporting purposes;

25   (2) an official representative of a foreign 
26 government who is:

 
 
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1    (A) accredited to the United States Government 
2 or the Government's
mission to an international 
3 organization having its headquarters in the United

4 States; or

5    (B) en route to or from another country to 
6 which that alien is
accredited;

7   (3) an official of a foreign government or 
8 distinguished foreign visitor
who has been so 
9 designated by the Department of State;

10   (4) a foreign law enforcement officer of a friendly 
11 foreign government
entering the United States on 
12 official business; or

13   (5) one who has received a waiver from the Attorney 
14 General of the United
States pursuant to 18 U.S.C. 
15 922(y)(3);

16  (j) (Blank);

17  (k) A person who has been convicted within the past 5 
18 years of battery,
assault, aggravated assault, violation 
19 of an order of protection, or a
substantially similar 
20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22  (l) A person who has been convicted of domestic 
23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before, 
25 on or after January 1, 2012 (the effective date of Public 
26 Act 97-158). If the applicant or person who has been 
 
 
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1 previously issued a Firearm Owner's Identification Card 
2 under this Act knowingly and intelligently waives the right 
3 to have an offense described in this paragraph (l) tried by 
4 a jury, and by guilty plea or otherwise, results in a 
5 conviction for an offense in which a domestic relationship 
6 is not a required element of the offense but in which a 
7 determination of the applicability of 18 U.S.C. 922(g)(9) 
8 is made under Section 112A-11.1 of the Code of Criminal 
9 Procedure of 1963, an entry by the court of a judgment of 
10 conviction for that offense shall be grounds for denying an 
11 application for and for revoking and seizing a Firearm 
12 Owner's Identification Card previously issued to the 
13 person under this Act;

14  (m) (Blank);

15  (n) A person who is prohibited from acquiring or 
16 possessing
firearms or firearm ammunition by any Illinois 
17 State statute or by federal
law;

18  (o) A minor subject to a petition filed under Section 
19 5-520 of the
Juvenile Court Act of 1987 alleging that the 
20 minor is a delinquent minor for
the commission of an 
21 offense that if committed by an adult would be a felony;


22  (p) An adult who had been adjudicated a delinquent 
23 minor under the Juvenile
Court Act of 1987 for the 
24 commission of an offense that if committed by an
adult 
25 would be a felony;

26  (q) A person who is not a resident of the State of 
 
 
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1 Illinois, except as provided in subsection (a-10) of 
2 Section 4; 
3  (r) A person who has been adjudicated as a person with 
4 a mental disability; 
5  (s) A person who has been found to have a developmental 
6 disability; 
7  (t) A person involuntarily admitted into a mental 
8 health facility; or 
9  (u) A person who has had his or her Firearm Owner's 
10 Identification Card revoked or denied under subsection (e) 
11 of this Section or item (iv) of paragraph (2) of subsection 
12 (a) of Section 4 of this Act because he or she was a 
13 patient in a mental health facility as provided in 
14 subsection (e) of this Section, shall not be permitted to 
15 obtain a Firearm Owner's Identification Card, after the 
16 5-year period has lapsed, unless he or she has received a 
17 mental health evaluation by a physician, clinical 
18 psychologist, or qualified examiner as those terms are 
19 defined in the Mental Health and Developmental 
20 Disabilities Code, and has received a certification that he 
21 or she is not a clear and present danger to himself, 
22 herself, or others. The physician, clinical psychologist, 
23 or qualified examiner making the certification and his or 
24 her employer shall not be held criminally, civilly, or 
25 professionally liable for making or not making the 
26 certification required under this subsection, except for 
 
 
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1 willful or wanton misconduct. This subsection does not 
2 apply to a person whose firearm possession rights have been 
3 restored through administrative or judicial action under 
4 Section 10 or 11 of this Act. 
5 Upon revocation of a person's Firearm Owner's 
6Identification Card, the Department of State Police shall 
7provide notice to the person and the person shall comply with 
8Section 9.5 of this Act. 
9(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
10eff. 7-16-14; 99-143, eff. 7-27-15.)


11 Section 10. The Firearm Concealed Carry Act is amended by 
12changing Sections 25 and 50 as follows:

13 (430 ILCS 66/25)

14 Sec. 25. Qualifications for a license. 
15 The Department shall issue a license to an applicant 
16completing an application in accordance with Section 30 of this 
17Act if the person:
18  (1) is at least 21 years of age or is an active duty 
19 member of the United States Armed Forces;
20  (2) has a currently valid Firearm Owner's 
21 Identification Card and at the time of application meets 
22 the requirements for the issuance of a Firearm Owner's 
23 Identification Card and is not prohibited under the Firearm 
24 Owners Identification Card Act or federal law from 
 
 
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1 possessing or receiving a firearm;
2  (3) has not been convicted or found guilty in this 
3 State or in any other state of:
4   (A) a misdemeanor involving the use or threat of 
5 physical force or violence to any person within the 5 
6 years preceding the date of the license application; or
7   (B) 2 or more violations related to driving while 
8 under the influence of alcohol, other drug or drugs, 
9 intoxicating compound or compounds, or any combination 
10 thereof, within the 5 years preceding the date of the 
11 license application;
12  (4) is not the subject of a pending arrest warrant, 
13 prosecution, or proceeding for an offense or action that 
14 could lead to disqualification to own or possess a firearm;
15  (5) has not been in residential or court-ordered 
16 treatment for alcoholism, alcohol detoxification, or drug 
17 treatment within the 5 years immediately preceding the date 
18 of the license application; and
19  (6) has completed firearms training and any education 
20 component required under Section 75 of this Act.

21(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

22 (430 ILCS 66/50)

23 Sec. 50. License renewal. 
24 (a) This subsection (a) applies to applications for renewal 
25of a license until the expiration of 180 days after the 
 
 
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1effective date of this amendatory Act of the 101st General 
2Assembly. Applications for renewal of a license shall be made 
3to the Department. A license shall be renewed for a period of 5 
4years upon receipt of a completed renewal application, 
5completion of 3 hours of training required under Section 75 of 
6this Act, payment of the applicable renewal fee, and completion 
7of an investigation under Section 35 of this Act. The renewal 
8application shall contain the information required in Section 
930 of this Act, except that the applicant need not resubmit a 
10full set of fingerprints.
11 (b) This subsection (b) applies to applications for renewal 
12of a license after 180 days after the effective date of this 
13amendatory Act of the 101st General Assembly. Applications for 
14renewal of a license shall be made to the Department. A license 
15shall be renewed for a period of 5 years from the date of 
16expiration on the applicant's current license upon the receipt 
17of a completed renewal application, completion of 3 hours of 
18training required under Section 75 of this Act, payment of the 
19applicable renewal fee, and completion of an investigation 
20under Section 35 of this Act. The renewal application shall 
21contain the information required in Section 30 of this Act, 
22except that the applicant need not resubmit a full set of 
23fingerprints. 

24(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

25 Section 15. The Firearm Dealer License Certification Act is 
 
 
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1amended by changing Sections 5-5 and 5-25 as follows:

2 (430 ILCS 68/5-5)

3 Sec. 5-5. Definitions.  In this Act:
4 "Certified licensee" means a licensee that has previously 
5certified its license with the Department
under this Act.
6 "Department" means the Department of State Police.
7 "Director" means the Director of State Police.
8 "Entity" means any person, firm, corporation, group of 
9individuals, or other legal entity.
10 "Inventory" means firearms in the possession of an 
11individual or entity for the purpose of sale or
transfer.

12 "License" means a Federal Firearms License authorizing a 
13person or entity to engage in the business of
dealing firearms.

14 "Licensee" means a person, firm, corporation, or other 
15entity who has been given, and is currently in
possession of, a 
16valid Federal Firearms License.
17 "Retail location" means a store open to the public from 
18which a certified licensee
engages in the business of selling, 
19transferring, or facilitating a sale or transfer of a firearm.

20For purposes of this Act, the World Shooting and Recreational 
21Complex, a gun show, or similar event at which a certified 
22licensee engages in business from time to time is not a retail 
23location.

24(Source: P.A. 100-1178, eff. 1-18-19.)

 
 
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1 (430 ILCS 68/5-25)

2 Sec. 5-25. Exemptions. 
3 The provisions of this Act related
to the certification of 
4a license do not apply to a
person or entity that engages in 
5the following
activities:
6  (1) temporary transfers of firearms solely for use at 
7 the
location or on the premises where the transfer takes 
8 place,
such as transfers at a shooting range for use at 
9 that location;
10  (2) temporary transfers of firearms solely for use 
11 while in
the presence of the transferor or transfers for 
12 the
purposes of firearm safety training by a firearms 
13 safety training instructor;
14  (3) transfers of firearms among immediate family or

15 household members, as "immediate family or household 
16 member" is
defined in Section 3-2.7-10 of the Unified Code 
17 of Corrections, provided that both the transferor and 
18 transferee have a currently valid Firearm Owner's 
19 Identification Card; however, this paragraph (3) does not 
20 limit the familial gift exemption under paragraph (2) of 
21 subsection (a-15) of Section 3 of the Firearm Owners 
22 Identification Card Act;
23  (4) transfers by persons or entities acting under 
24 operation
of law or a court order;
25  (5) transfers by persons or entities liquidating all or

26 part of a collection. For purposes of this paragraph (5),

 
 
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1 "collection" means 2 or more firearms which are of special

2 interest to collectors by reason of some quality other than 
3 is
associated with firearms intended for sporting use or as

4 offensive or defensive weapons;
5  (6) transfers of firearms that have been rendered

6 permanently inoperable to a nonprofit historical society,

7 museum, or institutional collection;
8  (7) transfers by a law enforcement or corrections 
9 agency or
a law enforcement or corrections officer acting 
10 within the
course and scope of his or her official duties;
11  (8) transfers to a State or local law enforcement 
12 agency by a person who has his or her Firearm
Owner's 
13 Identification Card revoked;
14  (9) transfers of curios and relics, as defined under

15 federal law, between collectors licensed under subsection 
16 (b)
of Section 923 of the federal Gun Control Act of 1968;
17  (10) transfers by a person or entity licensed as an 
18 auctioneer under the Auction License Act; or
19  (10.5) transfers of firearms to a resident registered 
20 competitor or attendee or non-resident registered 
21 competitor or attendee by a licensed federal firearms 
22 dealer under Section 923 of the federal Gun Control Act of 
23 1968 at a competitive shooting event held at the World 
24 Shooting and Recreational Complex that is sanctioned by a 
25 national governing body; or 
26  (11) transfers between a pawnshop and a customer which 
 
 
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1 amount to a bailment. For purposes of this paragraph (11), 
2 "bailment" means the act of placing property in the custody 
3 and control of another, by agreement in which the holder is 
4 responsible for the safekeeping and return of the property. 

5(Source: P.A. 100-1178, eff. 1-18-19.)


6 Section 20. The Wildlife Code is amended by adding Section 
73.4b as follows:

8 (520 ILCS 5/3.4b new)
9 Sec. 3.4b. Concealed firearm exemption. A current or 
10retired law enforcement officer authorized by law to possess a 
11concealed firearm shall be exempt from the provisions of this 
12Code prohibiting possession of those firearms. However, 
13nothing in this Section authorizes the use of those firearms 
14except as authorized by law.

15 Section 25. The Criminal Code of 2012 is amended by 
16changing Sections 14-3 and 24-2 as follows:"; and

17on page 18, by inserting immediately below line 3 the 
18following:


19 "(720 ILCS 5/24-2)



20 Sec. 24-2. Exemptions. 

21 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
 
 
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124-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
2the following:

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

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 while in the performance of their
official duty, or while 
10 commuting between their homes and places of employment.

11  (3) Members of the Armed Services or Reserve Forces of 
12 the United States
or the Illinois National Guard or the 
13 Reserve Officers Training Corps,
while in the performance 
14 of their official duty.

15  (4) Special agents employed by a railroad or a public 
16 utility to
perform police functions, and guards of armored 
17 car companies, while
actually engaged in the performance of 
18 the duties of their employment or
commuting between their 
19 homes and places of employment; and watchmen
while actually 
20 engaged in the performance of the duties of their 
21 employment.

22  (5) Persons licensed as private security contractors, 
23 private
detectives, or private alarm contractors, or 
24 employed by a private security contractor, private 
25 detective, or private alarm contractor agency licensed
by 
26 the Department of Financial and Professional Regulation, 
 
 
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1 if their duties
include the carrying of a weapon under the 
2 provisions of the Private
Detective, Private Alarm,

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

21 detective, or private alarm contractor, or employee of the 
22 licensed private security contractor, private detective, 
23 or private alarm contractor agency at all
times when he or 
24 she is in possession of a concealable weapon permitted by 
25 his or her firearm control card.

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

15 exemption if he or she has completed the required 20
hours 
16 of training for a security officer and 20 hours of required 
17 firearm
training, and has been issued a firearm control 
18 card by
the Department of Financial and Professional 
19 Regulation. Conditions for the renewal of
firearm control 
20 cards issued under the provisions of this Section
shall be 
21 the same as for those cards issued under the provisions of 
22 the
Private Detective, Private Alarm,
Private Security, 
23 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
24 control card shall be carried by the security guard at all

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

 
 
10100SB1139ham001- 23 -LRB101 04922 RLC 60613 a


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

5 any investigation for the Commission.

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

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

25 Conditions for renewal of firearm control cards issued 
26 under the
provisions of this Section shall be the same as 
 
 
10100SB1139ham001- 24 -LRB101 04922 RLC 60613 a


1 for those issued under the
provisions of the Private 
2 Detective, Private Alarm,
Private Security, Fingerprint 
3 Vendor, and Locksmith Act of 2004. The
firearm control card 
4 shall be carried by the security guard at all times when he 
5 or she is in possession of a concealable
weapon permitted 
6 by his or her firearm control card. For purposes of this 
7 subsection, "financial institution" means a
bank, savings 
8 and loan association, credit union or company providing

9 armored car services.

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

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

15  (11) Investigators of the Office of the State's 
16 Attorneys Appellate
Prosecutor authorized by the board of 
17 governors of the Office of the
State's Attorneys Appellate 
18 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
19 State's Attorneys Appellate Prosecutor's Act.

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

22  (12.5) Probation officers while in the performance of 
23 their duties, or
while commuting between their homes, 
24 places of employment or specific locations
that are part of 
25 their assigned duties, with the consent of the chief judge 
26 of
the circuit for which they are employed, if they have 
 
 
10100SB1139ham001- 25 -LRB101 04922 RLC 60613 a


1 received weapons training according
to requirements of the 
2 Peace Officer and Probation Officer Firearm Training Act.

3  (13) Court Security Officers while in the performance 
4 of their official
duties, or while commuting between their 
5 homes and places of employment, with
the
consent of the 
6 Sheriff.

7  (13.5) A person employed as an armed security guard at 
8 a nuclear energy,
storage, weapons or development site or 
9 facility regulated by the Nuclear
Regulatory Commission 
10 who has completed the background screening and training

11 mandated by the rules and regulations of the Nuclear 
12 Regulatory Commission.

13  (14) Manufacture, transportation, or sale of weapons 
14 to
persons
authorized under subdivisions (1) through 
15 (13.5) of this
subsection
to
possess those weapons.

16 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
17to
or affect any person carrying a concealed pistol, revolver, 
18or handgun and the person has been issued a currently valid 
19license under the Firearm Concealed Carry Act at the time of 
20the commission of the offense. A qualified current or retired 
21law enforcement officer qualified under the laws of this State 
22and under the federal Law Enforcement Officers Safety Act is 
23not subject to the Firearm Concealed Carry Act. 
24 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2524-1.6 do not
apply to or affect
any of the following:

26  (1) Members of any club or organization organized for 
 
 
10100SB1139ham001- 26 -LRB101 04922 RLC 60613 a


1 the purpose of
practicing shooting at targets upon 
2 established target ranges, whether
public or private, and 
3 patrons of such ranges, while such members
or patrons are 
4 using their firearms on those target ranges.

5  (2) Duly authorized military or civil organizations 
6 while parading,
with the special permission of the 
7 Governor.

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

9 permit while engaged in hunting,
trapping or fishing.

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

11 non-functioning state or are not immediately accessible.

12  (5) Carrying or possessing any pistol, revolver, stun 
13 gun or taser or other firearm on the land or in the legal 
14 dwelling of another person as an invitee with that person's 
15 permission. 
16 (c) Subsection 24-1(a)(7) does not apply to or affect any 
17of the
following:

18  (1) Peace officers while in performance of their 
19 official duties.

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

23  (3) 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  (4) Manufacture, transportation, or sale of machine 
 
 
10100SB1139ham001- 27 -LRB101 04922 RLC 60613 a


1 guns to persons
authorized under subdivisions (1) through 
2 (3) of this subsection to
possess machine guns, if the 
3 machine guns are broken down in a
non-functioning state or 
4 are not immediately accessible.

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

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

19  During transportation, such weapons shall be broken 
20 down in a
non-functioning state or not immediately 
21 accessible.

22  (6) The manufacture, transport, testing, delivery, 
23 transfer or sale,
and all lawful commercial or experimental 
24 activities necessary thereto, of
rifles, shotguns, and 
25 weapons made from rifles or shotguns,
or ammunition for 
26 such rifles, shotguns or weapons, where engaged in
by a 
 
 
10100SB1139ham001- 28 -LRB101 04922 RLC 60613 a


1 person operating as a contractor or subcontractor pursuant 
2 to a
contract or subcontract for the development and supply 
3 of such rifles,
shotguns, weapons or ammunition to the 
4 United States government or any
branch of the Armed Forces 
5 of the United States, when such activities are
necessary 
6 and incident to fulfilling the terms of such contract.

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

8 shall also apply to any authorized agent of any such 
9 contractor or
subcontractor who is operating within the 
10 scope of his employment, where
such activities involving 
11 such weapon, weapons or ammunition are necessary
and 
12 incident to fulfilling the terms of such contract.

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

 
 
10100SB1139ham001- 29 -LRB101 04922 RLC 60613 a


1 (e) Subsection 24-1(a)(8) does not apply to any owner, 
2manager or
authorized employee of any place specified in that 
3subsection nor to any
law enforcement officer.

4 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
5Section 24-1.6
do not apply
to members of any club or 
6organization organized for the purpose of practicing
shooting 
7at targets upon established target ranges, whether public or 
8private,
while using their firearms on those target ranges.

9 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
10to:

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

14  (2) Bonafide collectors of antique or surplus military 
15 ordnance.

16  (3) Laboratories having a department of forensic 
17 ballistics, or
specializing in the development of 
18 ammunition or explosive ordnance.

19  (4) Commerce, preparation, assembly or possession of 
20 explosive
bullets by manufacturers of ammunition licensed 
21 by the federal government,
in connection with the supply of 
22 those organizations and persons exempted
by subdivision 
23 (g)(1) of this Section, or like organizations and persons

24 outside this State, or the transportation of explosive 
25 bullets to any
organization or person exempted in this 
26 Section by a common carrier or by a
vehicle owned or leased 
 
 
10100SB1139ham001- 30 -LRB101 04922 RLC 60613 a


1 by an exempted manufacturer.

2 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
3persons licensed
under federal law to manufacture any device or 
4attachment of any kind designed,
used, or intended for use in 
5silencing the report of any firearm, firearms, or
ammunition

6for those firearms equipped with those devices, and actually 
7engaged in the
business of manufacturing those devices, 
8firearms, or ammunition, but only with
respect to
activities 
9that are within the lawful scope of that business, such as the

10manufacture, transportation, or testing of those devices, 
11firearms, or
ammunition. This
exemption does not authorize the 
12general private possession of any device or
attachment of any 
13kind designed, used, or intended for use in silencing the

14report of any firearm, but only such possession and activities 
15as are within
the
lawful scope of a licensed manufacturing 
16business described in this subsection
(g-5). During 
17transportation, these devices shall be detached from any weapon

18or
not immediately accessible.

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

2024-1.6 do not apply to
or affect any parole agent or parole 
21supervisor who meets the qualifications and conditions 
22prescribed in Section 3-14-1.5 of the Unified Code of 
23Corrections. 
24 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
25officer while serving as a member of a tactical response team 
26or special operations team. A peace officer may not personally 
 
 
10100SB1139ham001- 31 -LRB101 04922 RLC 60613 a


1own or apply for ownership of a device or attachment of any 
2kind designed, used, or intended for use in silencing the 
3report of any firearm. These devices shall be owned and 
4maintained by lawfully recognized units of government whose 
5duties include the investigation of criminal acts.
6 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
8athlete's possession, transport on official Olympic and 
9Paralympic transit systems established for athletes, or use of 
10competition firearms sanctioned by the International Olympic 
11Committee, the International Paralympic Committee, the 
12International Shooting Sport Federation, or USA Shooting in 
13connection with such athlete's training for and participation 
14in shooting competitions at the 2016 Olympic and Paralympic 
15Games and sanctioned test events leading up to the 2016 Olympic 
16and Paralympic Games. 
17 (h) An information or indictment based upon a violation of 
18any
subsection of this Article need not negative any exemptions 
19contained in
this Article. The defendant shall have the burden 
20of proving such an
exemption.

21 (i) Nothing in this Article shall prohibit, apply to, or 
22affect
the transportation, carrying, or possession, of any 
23pistol or revolver,
stun gun, taser, or other firearm consigned 
24to a common carrier operating
under license of the State of 
25Illinois or the federal government, where
such transportation, 
26carrying, or possession is incident to the lawful

 
 
10100SB1139ham001- 32 -LRB101 04922 RLC 60613 a


1transportation in which such common carrier is engaged; and 
2nothing in this
Article shall prohibit, apply to, or affect the 
3transportation, carrying,
or possession of any pistol, 
4revolver, stun gun, taser, or other firearm,
not the subject of 
5and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
6this Article, which is unloaded and enclosed in a case, firearm

7carrying box, shipping box, or other container, by the 
8possessor of a valid
Firearm Owners Identification Card.

9(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".