102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4331

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:

`50 ILCS 705/2`	`from Ch. 85, par. 502`
`720 ILCS 5/24-2`
`730 ILCS 5/3-2-14 new`
`730 ILCS 125/26.1 new`

Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the retired law enforcement officer to carry a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.

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A BILL FOR

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1 AN ACT concerning firearms.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Police Training Act is amended by

5 changing Section 2 as follows:

6 (50 ILCS 705/2) (from Ch. 85, par. 502)

7 (Text of Section before amendment by P.A. 101-652)

8 Sec. 2. Definitions. As used in this Act, unless the

9 context otherwise requires:

10 "Board" means the Illinois Law Enforcement Training

11 Standards Board.

12 "Local governmental agency" means any local governmental

13 unit or municipal corporation in this State. It does not

14 include the State of Illinois or any office, officer,

15 department, division, bureau, board, commission, or agency of

16 the State, except that it does include a State-controlled

17 university, college or public community college.

18 "Police training school" means any school located within

19 the State of Illinois whether privately or publicly owned

20 which offers a course in police or county corrections training

21 and has been approved by the Board.

22 "Probationary police officer" means a recruit law

23 enforcement officer required to successfully complete initial

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1 minimum basic training requirements at a police training

2 school to be eligible for permanent full-time employment as a

3 local law enforcement officer.

4 "Probationary part-time police officer" means a recruit

5 part-time law enforcement officer required to successfully

6 complete initial minimum part-time training requirements to be

7 eligible for employment on a part-time basis as a local law

8 enforcement officer.

9 "Permanent police officer" means a law enforcement officer

10 who has completed his or her probationary period and is

11 permanently employed on a full-time basis as a local law

12 enforcement officer by a participating local governmental unit

13 or as a security officer or campus policeman permanently

14 employed by a participating State-controlled university,

15 college, or public community college.

16 "Part-time police officer" means a law enforcement officer

17 who has completed his or her probationary period and is

18 employed on a part-time basis as a law enforcement officer by a

19 participating unit of local government or as a campus

20 policeman by a participating State-controlled university,

21 college, or public community college.

22 "Law enforcement officer" means (i) any police officer of

23 a local governmental agency who is primarily responsible for

24 prevention or detection of crime and the enforcement of the

25 criminal code, traffic, or highway laws of this State or any

26 political subdivision of this State or (ii) any member of a

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1 police force appointed and maintained as provided in Section 2

2 of the Railroad Police Act.

3 "Recruit" means any full-time or part-time law enforcement

4 officer or full-time county corrections officer who is

5 enrolled in an approved training course.

6 "Probationary county corrections officer" means a recruit

7 county corrections officer required to successfully complete

8 initial minimum basic training requirements at a police

9 training school to be eligible for permanent employment on a

10 full-time basis as a county corrections officer.

11 "Permanent county corrections officer" means a county

12 corrections officer who has completed his probationary period

13 and is permanently employed on a full-time basis as a county

14 corrections officer by a participating local governmental

15 unit.

16 "County corrections officer" means any sworn officer of

17 the sheriff who is primarily responsible for the control and

18 custody of offenders, detainees or inmates.

19 "Probationary court security officer" means a recruit

20 court security officer required to successfully complete

21 initial minimum basic training requirements at a designated

22 training school to be eligible for employment as a court

23 security officer.

24 "Permanent court security officer" means a court security

25 officer who has completed his or her probationary period and

26 is employed as a court security officer by a participating

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1 local governmental unit.

2 "Court security officer" has the meaning ascribed to it in

3 Section 3-6012.1 of the Counties Code.

4 (Source: P.A. 94-846, eff. 1-1-07.)

5 (Text of Section after amendment by P.A. 101-652)

6 Sec. 2. Definitions. As used in this Act, unless the

7 context otherwise requires:

8 "Board" means the Illinois Law Enforcement Training

9 Standards Board.

10 "Full-time law enforcement officer" means a law

11 enforcement officer who has completed the officer's

12 probationary period and is employed on a full-time basis as a

13 law enforcement officer by a local government agency, State

14 government agency, or as a campus police officer by a

15 participating State-controlled university, college, or public

16 community college.

17 "Governmental agency" means any local governmental agency

18 and any State governmental agency.

19 "Local governmental agency" means any local governmental

20 unit or municipal corporation in this State. It does not

21 include the State of Illinois or any office, officer,

22 department, division, bureau, board, commission, or agency of

23 the State, except that it does include a State-controlled

24 university, college or public community college.

25 "State governmental agency" means any governmental unit of

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1 this State. This includes any office, officer, department,

2 division, bureau, board, commission, or agency of the State.

3 It does not include the Illinois State Police as defined in the

4 State Police Act.

5 "Panel" means the Certification Review Panel.

6 "Police training school" means any school located within

7 the State of Illinois whether privately or publicly owned

8 which offers a course in police or county corrections training

9 and has been approved by the Board.

10 "Probationary police officer" means a recruit law

11 enforcement officer required to successfully complete initial

12 minimum basic training requirements at a police training

13 school to be eligible for permanent full-time employment as a

14 local law enforcement officer.

15 "Probationary part-time police officer" means a recruit

16 part-time law enforcement officer required to successfully

17 complete initial minimum part-time training requirements to be

18 eligible for employment on a part-time basis as a local law

19 enforcement officer.

20 "Permanent law enforcement officer" means a law

21 enforcement officer who has completed the officer's

22 probationary period and is permanently employed on a full-time

23 basis as a local law enforcement officer by a participating

24 local governmental unit or as a security officer or campus

25 police officer permanently employed by a participating

26 State-controlled university, college, or public community

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1 college.

2 "Part-time law enforcement officer" means a law

3 enforcement officer who has completed the officer's

4 probationary period and is employed on a part-time basis as a

5 law enforcement officer by a participating unit of local

6 government or as a campus police officer by a participating

7 State-controlled university, college, or public community

8 college.

9 "Law enforcement officer" means (i) any police officer of

10 a local governmental agency who is primarily responsible for

11 prevention or detection of crime and the enforcement of the

12 criminal code, traffic, or highway laws of this State or any

13 political subdivision of this State or (ii) any member of a

14 police force appointed and maintained as provided in Section 2

15 of the Railroad Police Act.

16 "Recruit" means any full-time or part-time law enforcement

17 officer or full-time county corrections officer who is

18 enrolled in an approved training course.

19 "Probationary county corrections officer" means a recruit

20 county corrections officer required to successfully complete

21 initial minimum basic training requirements at a police

22 training school to be eligible for permanent employment on a

23 full-time basis as a county corrections officer.

24 "Permanent county corrections officer" means a county

25 corrections officer who has completed the officer's

26 probationary period and is permanently employed on a full-time

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1 basis as a county corrections officer by a participating local

2 governmental unit.

3 "County corrections officer" means any sworn officer of

4 the sheriff who is primarily responsible for the control and

5 custody of offenders, detainees or inmates.

6 "Probationary court security officer" means a recruit

7 court security officer required to successfully complete

8 initial minimum basic training requirements at a designated

9 training school to be eligible for employment as a court

10 security officer.

11 "Permanent court security officer" means a court security

12 officer who has completed the officer's probationary period

13 and is employed as a court security officer by a participating

14 local governmental unit.

15 "Court security officer" has the meaning ascribed to it in

16 Section 3-6012.1 of the Counties Code.

17 "Retired law enforcement officer qualified under federal

18 law" means an individual who:

19 (1) separated from service in good standing with a

20 public agency as a law enforcement officer, other than for

21 reasons of mental disability;

22 (2) before such separation, was authorized by law to

23 engage in or supervise the prevention, detection,

24 investigation, or prosecution of, or the incarceration of

25 any person for, any violation of law, and had statutory

26 powers of arrest or apprehension granted by statute;

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1 (3) served as a law enforcement officer for an

2 aggregate of 10 years or more before his or her separation

3 in good standing from service with his or her agency, or

4 separated from service in good standing, after completing

5 any applicable probationary period of service, due to a

6 service-connected disability as determined by the agency;

7 (4) has met State firearms training and qualifications

8 that are the same as the training and qualifications for

9 active duty officers;

10 (5) is not under the influence of alcohol or another

11 intoxicating or hallucinatory drug or substance; and

12 (6) is not prohibited by federal law from carrying a

13 firearm.

14 (Source: P.A. 101-652, eff. 1-1-22.)

15 Section 10. The Criminal Code of 2012 is amended by

16 changing Section 24-2 as follows:

17 (720 ILCS 5/24-2)

18 (Text of Section before amendment by P.A. 102-152)

19 Sec. 24-2. Exemptions.

20 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

21 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

22 the following:

23 (1) Peace officers, and any person summoned by a peace

24 officer to assist in making arrests or preserving the

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1 peace, while actually engaged in assisting such officer.

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

3 penitentiaries, jails and other institutions for the

4 detention of persons accused or convicted of an offense,

5 while in the performance of their official duty, or while

6 commuting between their homes and places of employment.

7 (3) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard or the

9 Reserve Officers Training Corps, while in the performance

10 of their official duty.

11 (4) Special agents employed by a railroad or a public

12 utility to perform police functions, and guards of armored

13 car companies, while actually engaged in the performance

14 of the duties of their employment or commuting between

15 their homes and places of employment; and watchmen while

16 actually engaged in the performance of the duties of their

17 employment.

18 (5) Persons licensed as private security contractors,

19 private detectives, or private alarm contractors, or

20 employed by a private security contractor, private

21 detective, or private alarm contractor agency licensed by

22 the Department of Financial and Professional Regulation,

23 if their duties include the carrying of a weapon under the

24 provisions of the Private Detective, Private Alarm,

25 Private Security, Fingerprint Vendor, and Locksmith Act of

26 2004, while actually engaged in the performance of the

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1 duties of their employment or commuting between their

2 homes and places of employment. A person shall be

3 considered eligible for this exemption if he or she has

4 completed the required 20 hours of training for a private

5 security contractor, private detective, or private alarm

6 contractor, or employee of a licensed private security

7 contractor, private detective, or private alarm contractor

8 agency and 20 hours of required firearm training, and has

9 been issued a firearm control card by the Department of

10 Financial and Professional Regulation. Conditions for the

11 renewal of firearm control cards issued under the

12 provisions of this Section shall be the same as for those

13 cards issued under the provisions of the Private

14 Detective, Private Alarm, Private Security, Fingerprint

15 Vendor, and Locksmith Act of 2004. The firearm control

16 card shall be carried by the private security contractor,

17 private detective, or private alarm contractor, or

18 employee of the licensed private security contractor,

19 private detective, or private alarm contractor agency at

20 all times when he or she is in possession of a concealable

21 weapon permitted by his or her firearm control card.

22 (6) Any person regularly employed in a commercial or

23 industrial operation as a security guard for the

24 protection of persons employed and private property

25 related to such commercial or industrial operation, while

26 actually engaged in the performance of his or her duty or

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1 traveling between sites or properties belonging to the

2 employer, and who, as a security guard, is a member of a

3 security force registered with the Department of Financial

4 and Professional Regulation; provided that such security

5 guard has successfully completed a course of study,

6 approved by and supervised by the Department of Financial

7 and Professional Regulation, consisting of not less than

8 40 hours of training that includes the theory of law

9 enforcement, liability for acts, and the handling of

10 weapons. A person shall be considered eligible for this

11 exemption if he or she has completed the required 20 hours

12 of training for a security officer and 20 hours of

13 required firearm training, and has been issued a firearm

14 control card by the Department of Financial and

15 Professional Regulation. Conditions for the renewal of

16 firearm control cards issued under the provisions of this

17 Section shall be the same as for those cards issued under

18 the provisions of the Private Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of

20 2004. The firearm control card shall be carried by the

21 security guard at all times when he or she is in possession

22 of a concealable weapon permitted by his or her firearm

23 control card.

24 (7) Agents and investigators of the Illinois

25 Legislative Investigating Commission authorized by the

26 Commission to carry the weapons specified in subsections

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1 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

2 any investigation for the Commission.

3 (8) Persons employed by a financial institution as a

4 security guard for the protection of other employees and

5 property related to such financial institution, while

6 actually engaged in the performance of their duties,

7 commuting between their homes and places of employment, or

8 traveling between sites or properties owned or operated by

9 such financial institution, and who, as a security guard,

10 is a member of a security force registered with the

11 Department; provided that any person so employed has

12 successfully completed a course of study, approved by and

13 supervised by the Department of Financial and Professional

14 Regulation, consisting of not less than 40 hours of

15 training which includes theory of law enforcement,

16 liability for acts, and the handling of weapons. A person

17 shall be considered to be eligible for this exemption if

18 he or she has completed the required 20 hours of training

19 for a security officer and 20 hours of required firearm

20 training, and has been issued a firearm control card by

21 the Department of Financial and Professional Regulation.

22 Conditions for renewal of firearm control cards issued

23 under the provisions of this Section shall be the same as

24 for those issued under the provisions of the Private

25 Detective, Private Alarm, Private Security, Fingerprint

26 Vendor, and Locksmith Act of 2004. The firearm control

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1 card shall be carried by the security guard at all times

2 when he or she is in possession of a concealable weapon

3 permitted by his or her firearm control card. For purposes

4 of this subsection, "financial institution" means a bank,

5 savings and loan association, credit union or company

6 providing armored car services.

7 (9) Any person employed by an armored car company to

8 drive an armored car, while actually engaged in the

9 performance of his duties.

10 (10) Persons who have been classified as peace

11 officers pursuant to the Peace Officer Fire Investigation

12 Act.

13 (11) Investigators of the Office of the State's

14 Attorneys Appellate Prosecutor authorized by the board of

15 governors of the Office of the State's Attorneys Appellate

16 Prosecutor to carry weapons pursuant to Section 7.06 of

17 the State's Attorneys Appellate Prosecutor's Act.

18 (12) Special investigators appointed by a State's

19 Attorney under Section 3-9005 of the Counties Code.

20 (12.5) Probation officers while in the performance of

21 their duties, or while commuting between their homes,

22 places of employment or specific locations that are part

23 of their assigned duties, with the consent of the chief

24 judge of the circuit for which they are employed, if they

25 have received weapons training according to requirements

26 of the Peace Officer and Probation Officer Firearm

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1 Training Act.

2 (13) Court Security Officers while in the performance

3 of their official duties, or while commuting between their

4 homes and places of employment, with the consent of the

5 Sheriff.

6 (13.5) A person employed as an armed security guard at

7 a nuclear energy, storage, weapons or development site or

8 facility regulated by the Nuclear Regulatory Commission

9 who has completed the background screening and training

10 mandated by the rules and regulations of the Nuclear

11 Regulatory Commission.

12 (14) Manufacture, transportation, or sale of weapons

13 to persons authorized under subdivisions (1) through

14 (13.5) of this subsection to possess those weapons.

15 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

16 to or affect any person carrying a concealed pistol, revolver,

17 or handgun and the person has been issued a currently valid

18 license under the Firearm Concealed Carry Act at the time of

19 the commission of the offense.

20 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

21 to or affect a qualified current or retired law enforcement

22 officer qualified under the laws of this State or under the

23 federal Law Enforcement Officers Safety Act.

24 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

25 24-1.6 do not apply to or affect any of the following:

26 (1) Members of any club or organization organized for

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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

11 a 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

15 person's permission.

16 (c) Subsection 24-1(a)(7) does not apply to or affect any

17 of 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

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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

11 lawful 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

24 experimental activities necessary thereto, of rifles,

25 shotguns, and weapons made from rifles or shotguns, or

26 ammunition for such rifles, shotguns or weapons, where

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1 engaged in by a person operating as a contractor or

2 subcontractor pursuant to a contract or subcontract for

3 the development and supply of such rifles, shotguns,

4 weapons or ammunition to the United States government or

5 any branch of the Armed Forces of the United States, when

6 such activities are necessary and incident to fulfilling

7 the terms of such contract.

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

9 shall also apply to any authorized agent of any such

10 contractor or subcontractor who is operating within the

11 scope of his employment, where such activities involving

12 such weapon, weapons or ammunition are necessary and

13 incident to fulfilling the terms of such contract.

14 (7) A person possessing a rifle with a barrel or

15 barrels less than 16 inches in length if: (A) the person

16 has been issued a Curios and Relics license from the U.S.

17 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

18 (B) the person is an active member of a bona fide,

19 nationally recognized military re-enacting group and the

20 modification is required and necessary to accurately

21 portray the weapon for historical re-enactment purposes;

22 the re-enactor is in possession of a valid and current

23 re-enacting group membership credential; and the overall

24 length of the weapon as modified is not less than 26

25 inches.

26 (d) Subsection 24-1(a)(1) does not apply to the purchase,

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1 possession or carrying of a black-jack or slung-shot by a

2 peace officer.

3 (e) Subsection 24-1(a)(8) does not apply to any owner,

4 manager or authorized employee of any place specified in that

5 subsection nor to any law enforcement officer.

6 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

7 Section 24-1.6 do not apply to members of any club or

8 organization organized for the purpose of practicing shooting

9 at targets upon established target ranges, whether public or

10 private, while using their firearms on those target ranges.

11 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

12 to:

13 (1) Members of the Armed Services or Reserve Forces of

14 the United States or the Illinois National Guard, while in

15 the performance of their official duty.

16 (2) Bonafide collectors of antique or surplus military

17 ordnance.

18 (3) Laboratories having a department of forensic

19 ballistics, or specializing in the development of

20 ammunition or explosive ordnance.

21 (4) Commerce, preparation, assembly or possession of

22 explosive bullets by manufacturers of ammunition licensed

23 by the federal government, in connection with the supply

24 of those organizations and persons exempted by subdivision

25 (g)(1) of this Section, or like organizations and persons

26 outside this State, or the transportation of explosive

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1 bullets to any organization or person exempted in this

2 Section by a common carrier or by a vehicle owned or leased

3 by an exempted manufacturer.

4 (g-5) Subsection 24-1(a)(6) does not apply to or affect

5 persons licensed under federal law to manufacture any device

6 or attachment of any kind designed, used, or intended for use

7 in silencing the report of any firearm, firearms, or

8 ammunition for those firearms equipped with those devices, and

9 actually engaged in the business of manufacturing those

10 devices, firearms, or ammunition, but only with respect to

11 activities that are within the lawful scope of that business,

12 such as the manufacture, transportation, or testing of those

13 devices, firearms, or ammunition. This exemption does not

14 authorize the general private possession of any device or

15 attachment of any kind designed, used, or intended for use in

16 silencing the report of any firearm, but only such possession

17 and activities as are within the lawful scope of a licensed

18 manufacturing business described in this subsection (g-5).

19 During transportation, these devices shall be detached from

20 any weapon or not immediately accessible.

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

22 24-1.6 do not apply to or affect any parole agent or parole

23 supervisor who meets the qualifications and conditions

24 prescribed in Section 3-14-1.5 of the Unified Code of

25 Corrections.

26 (g-7) Subsection 24-1(a)(6) does not apply to a peace

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1 officer while serving as a member of a tactical response team

2 or special operations team. A peace officer may not personally

3 own or apply for ownership of a device or attachment of any

4 kind designed, used, or intended for use in silencing the

5 report of any firearm. These devices shall be owned and

6 maintained by lawfully recognized units of government whose

7 duties include the investigation of criminal acts.

8 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

9 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

10 athlete's possession, transport on official Olympic and

11 Paralympic transit systems established for athletes, or use of

12 competition firearms sanctioned by the International Olympic

13 Committee, the International Paralympic Committee, the

14 International Shooting Sport Federation, or USA Shooting in

15 connection with such athlete's training for and participation

16 in shooting competitions at the 2016 Olympic and Paralympic

17 Games and sanctioned test events leading up to the 2016

18 Olympic and Paralympic Games.

19 (h) An information or indictment based upon a violation of

20 any subsection of this Article need not negative any

21 exemptions contained in this Article. The defendant shall have

22 the burden of proving such an exemption.

23 (i) Nothing in this Article shall prohibit, apply to, or

24 affect the transportation, carrying, or possession, of any

25 pistol or revolver, stun gun, taser, or other firearm

26 consigned to a common carrier operating under license of the

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1 State of Illinois or the federal government, where such

2 transportation, carrying, or possession is incident to the

3 lawful transportation in which such common carrier is engaged;

4 and nothing in this Article shall prohibit, apply to, or

5 affect the transportation, carrying, or possession of any

6 pistol, revolver, stun gun, taser, or other firearm, not the

7 subject of and regulated by subsection 24-1(a)(7) or

8 subsection 24-2(c) of this Article, which is unloaded and

9 enclosed in a case, firearm carrying box, shipping box, or

10 other container, by the possessor of a valid Firearm Owners

11 Identification Card.

12 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

13 (Text of Section after amendment by P.A. 102-152)

14 Sec. 24-2. Exemptions.

15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

17 the following:

18 (1) Peace officers, and any person summoned by a peace

19 officer to assist in making arrests or preserving the

20 peace, while actually engaged in assisting such officer.

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

22 penitentiaries, jails and other institutions for the

23 detention of persons accused or convicted of an offense,

24 while in the performance of their official duty, or while

25 commuting between their homes and places of employment.

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1 (3) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard or the

3 Reserve Officers Training Corps, while in the performance

4 of their official duty.

5 (4) Special agents employed by a railroad or a public

6 utility to perform police functions, and guards of armored

7 car companies, while actually engaged in the performance

8 of the duties of their employment or commuting between

9 their homes and places of employment; and watchmen while

10 actually engaged in the performance of the duties of their

11 employment.

12 (5) Persons licensed as private security contractors,

13 private detectives, or private alarm contractors, or

14 employed by a private security contractor, private

15 detective, or private alarm contractor agency licensed by

16 the Department of Financial and Professional Regulation,

17 if their duties include the carrying of a weapon under the

18 provisions of the Private Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of

20 2004, while actually engaged in the performance of the

21 duties of their employment or commuting between their

22 homes and places of employment. A person shall be

23 considered eligible for this exemption if he or she has

24 completed the required 20 hours of training for a private

25 security contractor, private detective, or private alarm

26 contractor, or employee of a licensed private security

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1 contractor, private detective, or private alarm contractor

2 agency and 28 hours of required firearm training, and has

3 been issued a firearm control card by the Department of

4 Financial and Professional Regulation. Conditions for the

5 renewal of firearm control cards issued under the

6 provisions of this Section shall be the same as for those

7 cards issued under the provisions of the Private

8 Detective, Private Alarm, Private Security, Fingerprint

9 Vendor, and Locksmith Act of 2004. The firearm control

10 card shall be carried by the private security contractor,

11 private detective, or private alarm contractor, or

12 employee of the licensed private security contractor,

13 private detective, or private alarm contractor agency at

14 all times when he or she is in possession of a concealable

15 weapon permitted by his or her firearm control card.

16 (6) Any person regularly employed in a commercial or

17 industrial operation as a security guard for the

18 protection of persons employed and private property

19 related to such commercial or industrial operation, while

20 actually engaged in the performance of his or her duty or

21 traveling between sites or properties belonging to the

22 employer, and who, as a security guard, is a member of a

23 security force registered with the Department of Financial

24 and Professional Regulation; provided that such security

25 guard has successfully completed a course of study,

26 approved by and supervised by the Department of Financial

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1 and Professional Regulation, consisting of not less than

2 48 hours of training that includes the theory of law

3 enforcement, liability for acts, and the handling of

4 weapons. A person shall be considered eligible for this

5 exemption if he or she has completed the required 20 hours

6 of training for a security officer and 28 hours of

7 required firearm training, and has been issued a firearm

8 control card by the Department of Financial and

9 Professional Regulation. Conditions for the renewal of

10 firearm control cards issued under the provisions of this

11 Section shall be the same as for those cards issued under

12 the provisions of the Private Detective, Private Alarm,

13 Private Security, Fingerprint Vendor, and Locksmith Act of

14 2004. The firearm control card shall be carried by the

15 security guard at all times when he or she is in possession

16 of a concealable weapon permitted by his or her firearm

17 control card.

18 (7) Agents and investigators of the Illinois

19 Legislative Investigating Commission authorized by the

20 Commission to carry the weapons specified in subsections

21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

22 any investigation for the Commission.

23 (8) Persons employed by a financial institution as a

24 security guard for the protection of other employees and

25 property related to such financial institution, while

26 actually engaged in the performance of their duties,

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1 commuting between their homes and places of employment, or

2 traveling between sites or properties owned or operated by

3 such financial institution, and who, as a security guard,

4 is a member of a security force registered with the

5 Department; provided that any person so employed has

6 successfully completed a course of study, approved by and

7 supervised by the Department of Financial and Professional

8 Regulation, consisting of not less than 48 hours of

9 training which includes theory of law enforcement,

10 liability for acts, and the handling of weapons. A person

11 shall be considered to be eligible for this exemption if

12 he or she has completed the required 20 hours of training

13 for a security officer and 28 hours of required firearm

14 training, and has been issued a firearm control card by

15 the Department of Financial and Professional Regulation.

16 Conditions for renewal of firearm control cards issued

17 under the provisions of this Section shall be the same as

18 for those issued under the provisions of the Private

19 Detective, Private Alarm, Private Security, Fingerprint

20 Vendor, and Locksmith Act of 2004. The firearm control

21 card shall be carried by the security guard at all times

22 when he or she is in possession of a concealable weapon

23 permitted by his or her firearm control card. For purposes

24 of this subsection, "financial institution" means a bank,

25 savings and loan association, credit union or company

26 providing armored car services.

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1 (9) Any person employed by an armored car company to

2 drive an armored car, while actually engaged in the

3 performance of his duties.

4 (10) Persons who have been classified as peace

5 officers pursuant to the Peace Officer Fire Investigation

6 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

11 the 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

17 of their assigned duties, with the consent of the chief

18 judge of the circuit for which they are employed, if they

19 have received weapons training according to requirements

20 of the Peace Officer and Probation Officer Firearm

21 Training Act.

22 (13) Court Security Officers while in the performance

23 of their official duties, or while commuting between their

24 homes and places of employment, with the consent of the

25 Sheriff.

26 (13.5) A person employed as an armed security guard at

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1 a nuclear energy, storage, weapons or development site or

2 facility regulated by the Nuclear Regulatory Commission

3 who has completed the background screening and training

4 mandated by the rules and regulations of the Nuclear

5 Regulatory Commission.

6 (14) Manufacture, transportation, or sale of weapons

7 to persons authorized under subdivisions (1) through

8 (13.5) of this subsection to possess those weapons.

9 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

10 to or affect any person carrying a concealed pistol, revolver,

11 or handgun and the person has been issued a currently valid

12 license under the Firearm Concealed Carry Act at the time of

13 the commission of the offense.

14 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

15 to or affect a qualified current or retired law enforcement

16 officer qualified under the laws of this State or under the

17 federal Law Enforcement Officers Safety Act.

18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

19 24-1.6 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

5 a 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

9 person's permission.

10 (c) Subsection 24-1(a)(7) does not apply to or affect any

11 of 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

5 lawful 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

18 experimental activities necessary thereto, of rifles,

19 shotguns, and weapons made from rifles or shotguns, or

20 ammunition for such rifles, shotguns or weapons, where

21 engaged in by a person operating as a contractor or

22 subcontractor pursuant to a contract or subcontract for

23 the development and supply of such rifles, shotguns,

24 weapons or ammunition to the United States government or

25 any branch of the Armed Forces of the United States, when

26 such activities are necessary and incident to fulfilling

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1 the terms of such contract.

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

3 shall also apply to any authorized agent of any such

4 contractor or subcontractor who is operating within the

5 scope of his employment, where such activities involving

6 such weapon, weapons or ammunition are necessary and

7 incident to fulfilling the terms of such contract.

8 (7) A person possessing a rifle with a barrel or

9 barrels less than 16 inches in length if: (A) the person

10 has been issued a Curios and Relics license from the U.S.

11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

12 (B) the person is an active member of a bona fide,

13 nationally recognized military re-enacting group and the

14 modification is required and necessary to accurately

15 portray the weapon for historical re-enactment purposes;

16 the re-enactor is in possession of a valid and current

17 re-enacting group membership credential; and the overall

18 length of the weapon as modified is not less than 26

19 inches.

20 (d) Subsection 24-1(a)(1) does not apply to the purchase,

21 possession or carrying of a black-jack or slung-shot by a

22 peace officer.

23 (e) Subsection 24-1(a)(8) does not apply to any owner,

24 manager or authorized employee of any place specified in that

25 subsection nor to any law enforcement officer.

26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

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1 Section 24-1.6 do not apply to members of any club or

2 organization organized for the purpose of practicing shooting

3 at targets upon established target ranges, whether public or

4 private, while using their firearms on those target ranges.

5 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

6 to:

7 (1) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard, while in

9 the performance of their official duty.

10 (2) Bonafide collectors of antique or surplus military

11 ordnance.

12 (3) Laboratories having a department of forensic

13 ballistics, or specializing in the development of

14 ammunition or explosive ordnance.

15 (4) Commerce, preparation, assembly or possession of

16 explosive bullets by manufacturers of ammunition licensed

17 by the federal government, in connection with the supply

18 of those organizations and persons exempted by subdivision

19 (g)(1) of this Section, or like organizations and persons

20 outside this State, or the transportation of explosive

21 bullets to any organization or person exempted in this

22 Section by a common carrier or by a vehicle owned or leased

23 by an exempted manufacturer.

24 (g-5) Subsection 24-1(a)(6) does not apply to or affect

25 persons licensed under federal law to manufacture any device

26 or attachment of any kind designed, used, or intended for use

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1 in silencing the report of any firearm, firearms, or

2 ammunition for those firearms equipped with those devices, and

3 actually engaged in the business of manufacturing those

4 devices, firearms, or ammunition, but only with respect to

5 activities that are within the lawful scope of that business,

6 such as the manufacture, transportation, or testing of those

7 devices, firearms, or ammunition. This exemption does not

8 authorize the general private possession of any device or

9 attachment of any kind designed, used, or intended for use in

10 silencing the report of any firearm, but only such possession

11 and activities as are within the lawful scope of a licensed

12 manufacturing business described in this subsection (g-5).

13 During transportation, these devices shall be detached from

14 any weapon or not immediately accessible.

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

16 24-1.6 do not apply to or affect any parole agent or parole

17 supervisor who meets the qualifications and conditions

18 prescribed in Section 3-14-1.5 of the Unified Code of

19 Corrections.

20 (g-7) Subsection 24-1(a)(6) does not apply to a peace

21 officer while serving as a member of a tactical response team

22 or special operations team. A peace officer may not personally

23 own or apply for ownership of a device or attachment of any

24 kind designed, used, or intended for use in silencing the

25 report of any firearm. These devices shall be owned and

26 maintained by lawfully recognized units of government whose

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1 duties include the investigation of criminal acts.

2 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

3 24-1.6 do not apply to or affect any currently employed or

4 qualified retired State correctional officer who meets the

5 qualifications and conditions prescribed in Section 3-2-14 of

6 the Unified Code of Corrections.

7 (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

8 24-1.6 do not apply to or affect any currently employed or

9 qualified retired county correctional officer who meets the

10 qualifications and conditions prescribed in Section 26.1 of

11 the County Jail Act.

12 (g-10) (Blank).

13 (h) An information or indictment based upon a violation of

14 any subsection of this Article need not negative any

15 exemptions contained in this Article. The defendant shall have

16 the burden of proving such an exemption.

17 (i) Nothing in this Article shall prohibit, apply to, or

18 affect the transportation, carrying, or possession, of any

19 pistol or revolver, stun gun, taser, or other firearm

20 consigned to a common carrier operating under license of the

21 State of Illinois or the federal government, where such

22 transportation, carrying, or possession is incident to the

23 lawful transportation in which such common carrier is engaged;

24 and nothing in this Article shall prohibit, apply to, or

25 affect the transportation, carrying, or possession of any

26 pistol, revolver, stun gun, taser, or other firearm, not the

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1 subject of and regulated by subsection 24-1(a)(7) or

2 subsection 24-2(c) of this Article, which is unloaded and

3 enclosed in a case, firearm carrying box, shipping box, or

4 other container, by the possessor of a valid Firearm Owners

5 Identification Card.

6 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)

7 Section 15. The Unified Code of Corrections is amended by

8 adding Section 3-2-14 as follows:

9 (730 ILCS 5/3-2-14 new)

10 Sec. 3-2-14. State correctional officers; off-duty

11 firearms.

12 (a) In this Section, "State correctional officer" means an

13 employee of the Department of Corrections who has custody and

14 control over inmates in an adult correctional facility.

15 (b) In this Section, "qualified retired State correctional

16 officer" means a former State correctional officer who:

17 (1) was separated from service with the Department of

18 Corrections in good standing;

19 (2) before the separation, was authorized by law to

20 engage in or supervise the activities of prevention,

21 detection, investigation, prosecution, or incarceration of

22 any person for any violation of law;

23 (3) before the separation, served as a State

24 correctional officer for an aggregate of 10 years or more;

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1 (4) has not either:

2 (A) been officially found, as the Department shall

3 by rule provide, by a qualified medical professional

4 employed by the Department of Corrections to be

5 unqualified for reasons relating to mental health and

6 as a result of this finding will not be issued the

7 photographic identification as described in paragraph

8 (4) of subsection (c); or

9 (B) entered into an agreement with the Department

10 of Corrections in which that individual acknowledges

11 he or she is not qualified under this Section for

12 reasons relating to mental health and for those

13 reasons will not receive or accept the photographic

14 identification as described in paragraph (4) of

15 subsection (c);

16 (5) is not under the influence of alcohol or any other

17 intoxicating or hallucinatory drug or substance; and

18 (6) is not prohibited by State or federal law from

19 owning or possessing a firearm.

20 (c) Paragraphs (4) and (10) of subsection (a) of Section

21 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not

22 apply to currently employed or qualified retired State

23 correctional officers who meet the following conditions:

24 (1) The currently employed or qualified retired State

25 correctional officer must receive training in the use of

26 firearms while off-duty conducted by the Illinois Law

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1 Enforcement Training Standards Board and be certified as

2 having successfully completed the training by the Board.

3 The Board shall determine the amount of the training and

4 the course content for the training. The currently

5 employed or qualified retired State correctional officer

6 shall requalify for the firearms training annually at a

7 State range certified by the Illinois Law Enforcement

8 Training Standards Board. The expenses of the retraining

9 shall be paid by the currently employed or qualified

10 retired State correctional officer and moneys for the

11 costs of the requalification shall be expended at the

12 request of the Illinois Law Enforcement Training Standards

13 Board.

14 (2) The currently employed or qualified retired State

15 correctional officer may not carry any Department of

16 Corrections State-issued firearm while off-duty. A person

17 who violates this paragraph (2) is subject to disciplinary

18 action by the Department of Corrections.

19 (3) State correctional officers who are or were

20 discharged from employment by the Department of

21 Corrections are not law enforcement officials after the

22 date of discharge.

23 (4) The currently employed or qualified retired State

24 correctional officer shall carry photographic

25 identification issued by the Department of Corrections

26 identifying him or her as a currently employed or

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1 qualified retired State correctional officer while

2 carrying a firearm off-duty, along with a valid annual

3 firearm certificate issued by the Illinois Law Enforcement

4 Training Standards Board stating that he or she is

5 qualified to carry a concealed weapon.

6 Section 20. The County Jail Act is amended by adding

7 Section 26.1 as follows:

8 (730 ILCS 125/26.1 new)

9 Sec. 26.1. County correctional officers; off-duty

10 firearms.

11 (a) In this Section, "county correctional officer" means

12 an employee of a county sheriff's office within this State who

13 has custody and control over adult inmates in a county jail.

14 (b) In this Section, "qualified retired county

15 correctional officer" means a former county correctional

16 officer who:

17 (1) was separated from service with the county

18 sheriff's office in good standing;

19 (2) before the separation, was authorized by law to

20 engage in or supervise the activities of prevention,

21 detection, investigation, prosecution, or incarceration of

22 any person for any violation of law;

23 (3) before the separation, served as a county

24 correctional officer for an aggregate of 10 years or more;

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1 (4) has not either:

2 (A) been officially found, as the county sheriff

3 shall by rule provide, by a qualified medical

4 professional employed by the county sheriff to be

5 unqualified for reasons relating to mental health and

6 as a result of this finding will not be issued the

7 photographic identification as described in paragraph

8 (4) of subsection (c); or

9 (B) entered into an agreement with the county

10 sheriff's office from which the individual is

11 separated from service in which that individual

12 acknowledges he or she is not qualified under this

13 Section for reasons relating to mental health and for

14 those reasons will not receive or accept the

15 photographic identification as described in paragraph

16 (4) of subsection (c);

17 (5) is not under the influence of alcohol or any other

18 intoxicating or hallucinatory drug or substance; and

19 (6) is not prohibited by State or federal law from

20 receiving a firearm.

21 (c) Paragraphs (4) and (10) of subsection (a) of Section

22 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not

23 apply to currently employed or qualified retired county

24 correctional officers who meet the following conditions:

25 (1) The currently employed or qualified retired county

26 correctional officer must receive training in the use of

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1 firearms while off-duty conducted by the Illinois Law

2 Enforcement Training Standards Board and be certified as

3 having successfully completed the training by the Board.

4 The Board shall determine the amount of the training and

5 the course content for the training. The currently

6 employed or qualified retired county correctional officer

7 shall requalify for the firearms training annually at a

8 State range certified by the Illinois Law Enforcement

9 Training Standards Board. The expenses of the retraining

10 shall be paid by the currently employed or qualified

11 retired county correctional officer and moneys for the

12 costs of the requalification shall be expended at the

13 request of the Illinois Law Enforcement Training Standards

14 Board.

15 (2) The currently employed or qualified retired county

16 correctional officer may not carry any county

17 sheriff-issued firearm while off-duty. A person who

18 violates this paragraph (2) is subject to disciplinary

19 action by the county sheriff.

20 (3) County correctional officers who are or were

21 discharged from employment by the county sheriff shall no

22 longer be considered law enforcement officials and all

23 their rights as law enforcement officials shall be revoked

24 permanently.

25 (4) The currently employed or qualified retired county

26 correctional officer shall carry a photographic

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1 identification issued by his or her agency identifying him

2 or her as a currently employed or qualified retired county

3 correctional officer while carrying a firearm off-duty,

4 along with a valid annual firearm certificate issued by

5 the Illinois Law Enforcement Training Standards Board

6 stating that he or she is qualified to carry a concealed

7 weapon.

8 Section 95. No acceleration or delay. Where this Act makes

9 changes in a statute that is represented in this Act by text

10 that is not yet or no longer in effect (for example, a Section

11 represented by multiple versions), the use of that text does

12 not accelerate or delay the taking effect of (i) the changes

13 made by this Act or (ii) provisions derived from any other

14 Public Act.

15 Section 99. Effective date. This Act takes effect upon

16 becoming law.