103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4761
 
Introduced , by Rep. Adam M. Niemerg
 
SYNOPSIS AS INTRODUCED:

430 ILCS 65/2 from Ch. 38, par. 83-2
720 ILCS 5/24-2
 Amends the Firearm Owners Identification Card Act. Provides that a veteran may acquire or possess a firearm, firearm ammunition, a stun gun, or taser without having in his or her possession a Firearm Owner's Identification Card. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons provisions and aggravated unlawful use of a weapon provisions restricting the carrying of firearms do not apply to veterans. Defines "veteran" as a person who has served in the Armed Forces of the United States or the Illinois National Guard and was discharged or separated under honorable conditions.


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A BILL FOR
 
HB4761LRB103 36598 RLC 66707 b


1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 2 as follows:

6 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
7 Sec. 2. Firearm Owner's Identification Card required; 
8exceptions. 
9 (a) (1) No person may acquire or possess any firearm, stun 
10gun, or taser within this State without having in his or her 
11possession a Firearm Owner's Identification Card previously 
12issued in his or her name by the Illinois State Police under 
13the provisions of this Act.
14 (2) No person may acquire or possess firearm ammunition 
15within this State without having in his or her possession a 
16Firearm Owner's Identification Card previously issued in his 
17or her name by the Illinois State Police under the provisions 
18of this Act.
19 (b) The provisions of this Section regarding the 
20possession of firearms, firearm ammunition, stun guns, and 
21tasers do not apply to:
22  (1) United States Marshals, while engaged in the 
23 operation of their official duties;
 
 
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1  (2) Members of the Armed Forces of the United States 
2 or the National Guard, while engaged in the operation of 
3 their official duties;
4  (3) Federal officials required to carry firearms, 
5 while engaged in the operation of their official duties;
6  (4) Members of bona fide veterans organizations which 
7 receive firearms directly from the armed forces of the 
8 United States, while using the firearms for ceremonial 
9 purposes with blank ammunition;
10  (5) Nonresident hunters during hunting season, with 
11 valid nonresident hunting licenses and while in an area 
12 where hunting is permitted; however, at all other times 
13 and in all other places these persons must have their 
14 firearms unloaded and enclosed in a case;
15  (6) Those hunters exempt from obtaining a hunting 
16 license who are required to submit their Firearm Owner's 
17 Identification Card when hunting on Department of Natural 
18 Resources owned or managed sites;
19  (7) Nonresidents while on a firing or shooting range 
20 recognized by the Illinois State Police; however, these 
21 persons must at all other times and in all other places 
22 have their firearms unloaded and enclosed in a case; 
23  (8) Nonresidents while at a firearm showing or display 
24 recognized by the Illinois State Police; however, at all 
25 other times and in all other places these persons must 
26 have their firearms unloaded and enclosed in a case;
 
 
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1  (9) Nonresidents whose firearms are unloaded and 
2 enclosed in a case;
3  (10) Nonresidents who are currently licensed or 
4 registered to possess a firearm in their resident state;
5  (11) Unemancipated minors while in the custody and 
6 immediate control of their parent or legal guardian or 
7 other person in loco parentis to the minor if the parent or 
8 legal guardian or other person in loco parentis to the 
9 minor has a currently valid Firearm Owner's Identification 
10 Card;
11  (12) Color guards of bona fide veterans organizations 
12 or members of bona fide American Legion bands while using 
13 firearms for ceremonial purposes with blank ammunition;
14  (13) Nonresident hunters whose state of residence does 
15 not require them to be licensed or registered to possess a 
16 firearm and only during hunting season, with valid hunting 
17 licenses, while accompanied by, and using a firearm owned 
18 by, a person who possesses a valid Firearm Owner's 
19 Identification Card and while in an area within a 
20 commercial club licensed under the Wildlife Code where 
21 hunting is permitted and controlled, but in no instance 
22 upon sites owned or managed by the Department of Natural 
23 Resources;
24  (14) Resident hunters who are properly authorized to 
25 hunt and, while accompanied by a person who possesses a 
26 valid Firearm Owner's Identification Card, hunt in an area 
 
 
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1 within a commercial club licensed under the Wildlife Code 
2 where hunting is permitted and controlled; and 
3  (15) A person who is otherwise eligible to obtain a 
4 Firearm Owner's Identification Card under this Act and is 
5 under the direct supervision of a holder of a Firearm 
6 Owner's Identification Card who is 21 years of age or 
7 older while the person is on a firing or shooting range or 
8 is a participant in a firearms safety and training course 
9 recognized by a law enforcement agency or a national, 
10 statewide shooting sports organization. 
11 (c) The provisions of this Section regarding the 
12acquisition and possession of firearms, firearm ammunition, 
13stun guns, and tasers do not apply to law enforcement 
14officials of this or any other jurisdiction, while engaged in 
15the operation of their official duties.
16 (c-5) The provisions of paragraphs (1) and (2) of 
17subsection (a) of this Section regarding the possession of 
18firearms and firearm ammunition do not apply to the holder of a 
19valid concealed carry license issued under the Firearm 
20Concealed Carry Act who is in physical possession of the 
21concealed carry license. 
22 (c-6) The provisions of paragraphs (1) and (2) of 
23subsection (a) of this Section regarding the possession of 
24firearms and firearm ammunition do not apply to veterans. In 
25this subsection (c-6), "veteran" means a person who has served 
26in the Armed Forces of the United States or the Illinois 
 
 
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1National Guard and was discharged or separated under honorable 
2conditions. 
3 (d) Any person who becomes a resident of this State, who is 
4not otherwise prohibited from obtaining, possessing, or using 
5a firearm or firearm ammunition, shall not be required to have 
6a Firearm Owner's Identification Card to possess firearms or 
7firearms ammunition until 60 calendar days after he or she 
8obtains an Illinois driver's license or Illinois 
9Identification Card. 
10(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)

11 Section 10. The Criminal Code of 2012 is amended by 
12changing Section 24-2 as follows:

13 (720 ILCS 5/24-2)
14 Sec. 24-2. Exemptions. 
15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
17the 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 
 
 
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1 commuting between their homes and places of employment.
2  (3) Members of the Armed Services or Reserve Forces of 
3 the United States or the Illinois National Guard or the 
4 Reserve Officers Training Corps, while in the performance 
5 of their official duty.
6  (4) Special agents employed by a railroad or a public 
7 utility to perform police functions, and guards of armored 
8 car companies, while actually engaged in the performance 
9 of the duties of their employment or commuting between 
10 their homes and places of employment; and watchmen while 
11 actually engaged in the performance of the duties of their 
12 employment.
13  (5) Persons licensed as private security contractors, 
14 private detectives, or private alarm contractors, or 
15 employed by a private security contractor, private 
16 detective, or private alarm contractor agency licensed by 
17 the Department of Financial and Professional Regulation, 
18 if their duties include the carrying of a weapon under the 
19 provisions of the Private Detective, Private Alarm, 
20 Private Security, Fingerprint Vendor, and Locksmith Act of 
21 2004, while actually engaged in the performance of the 
22 duties of their employment or commuting between their 
23 homes and places of employment. A person shall be 
24 considered eligible for this exemption if he or she has 
25 completed the required 20 hours of training for a private 
26 security contractor, private detective, or private alarm 
 
 
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1 contractor, or employee of a licensed private security 
2 contractor, private detective, or private alarm contractor 
3 agency and 28 hours of required firearm training, and has 
4 been issued a firearm control card by the Department of 
5 Financial and Professional Regulation. Conditions for the 
6 renewal of firearm control cards issued under the 
7 provisions of this Section shall be the same as for those 
8 cards issued under the provisions of the Private 
9 Detective, Private Alarm, Private Security, Fingerprint 
10 Vendor, and Locksmith Act of 2004. The firearm control 
11 card shall be carried by the private security contractor, 
12 private detective, or private alarm contractor, or 
13 employee of the licensed private security contractor, 
14 private detective, or private alarm contractor agency at 
15 all times when he or she is in possession of a concealable 
16 weapon permitted by his or her firearm control card.
17  (6) Any person regularly employed in a commercial or 
18 industrial operation as a security guard for the 
19 protection of persons employed and private property 
20 related to such commercial or industrial operation, while 
21 actually engaged in the performance of his or her duty or 
22 traveling between sites or properties belonging to the 
23 employer, and who, as a security guard, is a member of a 
24 security force registered with the Department of Financial 
25 and Professional Regulation; provided that such security 
26 guard has successfully completed a course of study, 
 
 
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1 approved by and supervised by the Department of Financial 
2 and Professional Regulation, consisting of not less than 
3 48 hours of training that includes the theory of law 
4 enforcement, liability for acts, and the handling of 
5 weapons. A person shall be considered eligible for this 
6 exemption if he or she has completed the required 20 hours 
7 of training for a security officer and 28 hours of 
8 required firearm training, and has been issued a firearm 
9 control card by the Department of Financial and 
10 Professional Regulation. Conditions for the renewal of 
11 firearm control cards issued under the provisions of this 
12 Section shall be the same as for those cards issued under 
13 the provisions of the Private Detective, Private Alarm, 
14 Private Security, Fingerprint Vendor, and Locksmith Act of 
15 2004. The firearm control card shall be carried by the 
16 security guard at all times when he or she is in possession 
17 of a concealable weapon permitted by his or her firearm 
18 control card.
19  (7) Agents and investigators of the Illinois 
20 Legislative Investigating Commission authorized by the 
21 Commission to carry the weapons specified in subsections 
22 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
23 any investigation for the Commission.
24  (8) Persons employed by a financial institution as a 
25 security guard for the protection of other employees and 
26 property related to such financial institution, while 
 
 
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1 actually engaged in the performance of their duties, 
2 commuting between their homes and places of employment, or 
3 traveling between sites or properties owned or operated by 
4 such financial institution, and who, as a security guard, 
5 is a member of a security force registered with the 
6 Department; provided that any person so employed has 
7 successfully completed a course of study, approved by and 
8 supervised by the Department of Financial and Professional 
9 Regulation, consisting of not less than 48 hours of 
10 training which includes theory of law enforcement, 
11 liability for acts, and the handling of weapons. A person 
12 shall be considered to be eligible for this exemption if 
13 he or she has completed the required 20 hours of training 
14 for a security officer and 28 hours of required firearm 
15 training, and has been issued a firearm control card by 
16 the Department of Financial and Professional Regulation. 
17 Conditions for renewal of firearm control cards issued 
18 under the provisions of this Section shall be the same as 
19 for those issued under the provisions of the Private 
20 Detective, Private Alarm, Private Security, Fingerprint 
21 Vendor, and Locksmith Act of 2004. The firearm control 
22 card shall be carried by the security guard at all times 
23 when he or she is in possession of a concealable weapon 
24 permitted by his or her firearm control card. For purposes 
25 of this subsection, "financial institution" means a bank, 
26 savings and loan association, credit union or company 
 
 
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1 providing armored car services.
2  (9) Any person employed by an armored car company to 
3 drive an armored car, while actually engaged in the 
4 performance of his duties.
5  (10) Persons who have been classified as peace 
6 officers pursuant to the Peace Officer Fire Investigation 
7 Act.
8  (11) Investigators of the Office of the State's 
9 Attorneys Appellate Prosecutor authorized by the board of 
10 governors of the Office of the State's Attorneys Appellate 
11 Prosecutor to carry weapons pursuant to Section 7.06 of 
12 the State's Attorneys Appellate Prosecutor's Act.
13  (12) Special investigators appointed by a State's 
14 Attorney under Section 3-9005 of the Counties Code.
15  (12.5) Probation officers while in the performance of 
16 their duties, or while commuting between their homes, 
17 places of employment or specific locations that are part 
18 of their assigned duties, with the consent of the chief 
19 judge of the circuit for which they are employed, if they 
20 have received weapons training according to requirements 
21 of the Peace Officer and Probation Officer Firearm 
22 Training Act.
23  (13) Court Security Officers while in the performance 
24 of their official duties, or while commuting between their 
25 homes and places of employment, with the consent of the 
26 Sheriff.
 
 
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1  (13.5) A person employed as an armed security guard at 
2 a nuclear energy, storage, weapons or development site or 
3 facility regulated by the Nuclear Regulatory Commission 
4 who has completed the background screening and training 
5 mandated by the rules and regulations of the Nuclear 
6 Regulatory Commission.
7  (14) Manufacture, transportation, or sale of weapons 
8 to persons authorized under subdivisions (1) through 
9 (13.5) of this subsection to possess those weapons.
10 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
11to or affect any person carrying a concealed pistol, revolver, 
12or handgun and the person has been issued a currently valid 
13license under the Firearm Concealed Carry Act at the time of 
14the commission of the offense.
15 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
16to or affect a qualified current or retired law enforcement 
17officer or a current or retired deputy, county correctional 
18officer, or correctional officer of the Department of 
19Corrections qualified under the laws of this State or under 
20the federal Law Enforcement Officers Safety Act. 
21 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2224-1.6 do not apply to or affect any of the following:
23  (1) Members of any club or organization organized for 
24 the purpose of practicing shooting at targets upon 
25 established target ranges, whether public or private, and 
26 patrons of such ranges, while such members or patrons are 
 
 
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1 using their firearms on those target ranges.
2  (2) Duly authorized military or civil organizations 
3 while parading, with the special permission of the 
4 Governor.
5  (3) Hunters, trappers, or fishermen while engaged in 
6 lawful hunting, trapping, or fishing under the provisions 
7 of the Wildlife Code or the Fish and Aquatic Life Code.
8  (4) Transportation of weapons that are broken down in 
9 a non-functioning state or are not immediately accessible.
10  (5) Carrying or possessing any pistol, revolver, stun 
11 gun or taser or other firearm on the land or in the legal 
12 dwelling of another person as an invitee with that 
13 person's permission. 
14  (6) Veterans. In this paragraph (6), "veteran" means a 
15 person who has served in the Armed Forces of the United 
16 States or the Illinois National Guard and was discharged 
17 or separated under honorable conditions. 
18 (c) Subsection 24-1(a)(7) does not apply to or affect any 
19of the following:
20  (1) Peace officers while in performance of their 
21 official duties.
22  (2) Wardens, superintendents and keepers of prisons, 
23 penitentiaries, jails and other institutions for the 
24 detention of persons accused or convicted of an offense.
25  (3) Members of the Armed Services or Reserve Forces of 
26 the United States or the Illinois National Guard, while in 
 
 
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1 the performance of their official duty.
2  (4) Manufacture, transportation, or sale of machine 
3 guns to persons authorized under subdivisions (1) through 
4 (3) of this subsection to possess machine guns, if the 
5 machine guns are broken down in a non-functioning state or 
6 are not immediately accessible.
7  (5) Persons licensed under federal law to manufacture 
8 any weapon from which 8 or more shots or bullets can be 
9 discharged by a single function of the firing device, or 
10 ammunition for such weapons, and actually engaged in the 
11 business of manufacturing such weapons or ammunition, but 
12 only with respect to activities which are within the 
13 lawful scope of such business, such as the manufacture, 
14 transportation, or testing of such weapons or ammunition. 
15 This exemption does not authorize the general private 
16 possession of any weapon from which 8 or more shots or 
17 bullets can be discharged by a single function of the 
18 firing device, but only such possession and activities as 
19 are within the lawful scope of a licensed manufacturing 
20 business described in this paragraph.
21  During transportation, such weapons shall be broken 
22 down in a non-functioning state or not immediately 
23 accessible.
24  (6) The manufacture, transport, testing, delivery, 
25 transfer or sale, and all lawful commercial or 
26 experimental activities necessary thereto, of rifles, 
 
 
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1 shotguns, and weapons made from rifles or shotguns, or 
2 ammunition for such rifles, shotguns or weapons, where 
3 engaged in by a person operating as a contractor or 
4 subcontractor pursuant to a contract or subcontract for 
5 the development and supply of such rifles, shotguns, 
6 weapons or ammunition to the United States government or 
7 any branch of the Armed Forces of the United States, when 
8 such activities are necessary and incident to fulfilling 
9 the terms of such contract.
10  The exemption granted under this subdivision (c)(6) 
11 shall also apply to any authorized agent of any such 
12 contractor or subcontractor who is operating within the 
13 scope of his employment, where such activities involving 
14 such weapon, weapons or ammunition are necessary and 
15 incident to fulfilling the terms of such contract.
16  (7) A person possessing a rifle with a barrel or 
17 barrels less than 16 inches in length if: (A) the person 
18 has been issued a Curios and Relics license from the U.S. 
19 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
20 (B) the person is an active member of a bona fide, 
21 nationally recognized military re-enacting group and the 
22 modification is required and necessary to accurately 
23 portray the weapon for historical re-enactment purposes; 
24 the re-enactor is in possession of a valid and current 
25 re-enacting group membership credential; and the overall 
26 length of the weapon as modified is not less than 26 
 
 
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1 inches.
2 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
3possession or carrying of a black-jack or slung-shot by a 
4peace officer.
5 (e) Subsection 24-1(a)(8) does not apply to any owner, 
6manager or authorized employee of any place specified in that 
7subsection nor to any law enforcement officer.
8 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
9Section 24-1.6 do not apply to members of any club or 
10organization organized for the purpose of practicing shooting 
11at targets upon established target ranges, whether public or 
12private, while using their firearms on those target ranges.
13 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
14to:
15  (1) Members of the Armed Services or Reserve Forces of 
16 the United States or the Illinois National Guard, while in 
17 the performance of their official duty.
18  (2) Bonafide collectors of antique or surplus military 
19 ordnance.
20  (3) Laboratories having a department of forensic 
21 ballistics, or specializing in the development of 
22 ammunition or explosive ordnance.
23  (4) Commerce, preparation, assembly or possession of 
24 explosive bullets by manufacturers of ammunition licensed 
25 by the federal government, in connection with the supply 
26 of those organizations and persons exempted by subdivision 
 
 
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1 (g)(1) of this Section, or like organizations and persons 
2 outside this State, or the transportation of explosive 
3 bullets to any organization or person exempted in this 
4 Section by a common carrier or by a vehicle owned or leased 
5 by an exempted manufacturer.
6 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
7persons licensed under federal law to manufacture any device 
8or attachment of any kind designed, used, or intended for use 
9in silencing the report of any firearm, firearms, or 
10ammunition for those firearms equipped with those devices, and 
11actually engaged in the business of manufacturing those 
12devices, firearms, or ammunition, but only with respect to 
13activities that are within the lawful scope of that business, 
14such as the manufacture, transportation, or testing of those 
15devices, firearms, or ammunition. This exemption does not 
16authorize the general private possession of any device or 
17attachment of any kind designed, used, or intended for use in 
18silencing the report of any firearm, but only such possession 
19and activities as are within the lawful scope of a licensed 
20manufacturing business described in this subsection (g-5). 
21During transportation, these devices shall be detached from 
22any weapon or not immediately accessible.
23 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2424-1.6 do not apply to or affect any parole agent or parole 
25supervisor who meets the qualifications and conditions 
26prescribed in Section 3-14-1.5 of the Unified Code of 
 
 
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1Corrections. 
2 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
3officer while serving as a member of a tactical response team 
4or special operations team. A peace officer may not personally 
5own or apply for ownership of a device or attachment of any 
6kind designed, used, or intended for use in silencing the 
7report of any firearm. These devices shall be owned and 
8maintained by lawfully recognized units of government whose 
9duties include the investigation of criminal acts.
10 (g-10) (Blank). 
11 (h) An information or indictment based upon a violation of 
12any subsection of this Article need not negative any 
13exemptions contained in this Article. The defendant shall have 
14the burden of proving such an exemption.
15 (i) Nothing in this Article shall prohibit, apply to, or 
16affect the transportation, carrying, or possession, of any 
17pistol or revolver, stun gun, taser, or other firearm 
18consigned to a common carrier operating under license of the 
19State of Illinois or the federal government, where such 
20transportation, carrying, or possession is incident to the 
21lawful transportation in which such common carrier is engaged; 
22and nothing in this Article shall prohibit, apply to, or 
23affect the transportation, carrying, or possession of any 
24pistol, revolver, stun gun, taser, or other firearm, not the 
25subject of and regulated by subsection 24-1(a)(7) or 
26subsection 24-2(c) of this Article, which is unloaded and 
 
 
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