IL
Illinois House Bill HB3619

Illinois 2023-2024 Regular Session

Illinois House Bill HB3619 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3619 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new730 ILCS 5/3-2-14 rep.730 ILCS 125/26.2 new730 ILCS 125/26.1 rep. Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of 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 weapons 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. Repeals inconsistent provisions in Public Act 102-779. Effective immediately. LRB103 30284 RLC 56712 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3619 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new730 ILCS 5/3-2-14 rep.730 ILCS 125/26.2 new730 ILCS 125/26.1 rep. 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new 730 ILCS 5/3-2-14 rep. 730 ILCS 125/26.2 new 730 ILCS 125/26.1 rep. Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of 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 weapons 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. Repeals inconsistent provisions in Public Act 102-779. Effective immediately. LRB103 30284 RLC 56712 b LRB103 30284 RLC 56712 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3619 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
33 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new730 ILCS 5/3-2-14 rep.730 ILCS 125/26.2 new730 ILCS 125/26.1 rep. 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new 730 ILCS 5/3-2-14 rep. 730 ILCS 125/26.2 new 730 ILCS 125/26.1 rep.
44 50 ILCS 705/2 from Ch. 85, par. 502
55 720 ILCS 5/24-2
66 730 ILCS 5/3-2-15 new
77 730 ILCS 5/3-2-14 rep.
88 730 ILCS 125/26.2 new
99 730 ILCS 125/26.1 rep.
1010 Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of 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 weapons 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. Repeals inconsistent provisions in Public Act 102-779. Effective immediately.
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1616 1 AN ACT concerning firearms.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Illinois Police Training Act is amended by
2020 5 changing Section 2 as follows:
2121 6 (50 ILCS 705/2) (from Ch. 85, par. 502)
2222 7 Sec. 2. Definitions. As used in this Act, unless the
2323 8 context otherwise requires:
2424 9 "Board" means the Illinois Law Enforcement Training
2525 10 Standards Board.
2626 11 "Full-time law enforcement officer" means a law
2727 12 enforcement officer who has completed the officer's
2828 13 probationary period and is employed on a full-time basis as a
2929 14 law enforcement officer by a local government agency, State
3030 15 government agency, or as a campus police officer by a
3131 16 university, college, or community college.
3232 17 "Law Enforcement agency" means any entity with statutory
3333 18 police powers and the ability to employ individuals authorized
3434 19 to make arrests. It does not include the Illinois State Police
3535 20 as defined in the State Police Act. A law enforcement agency
3636 21 may include any university, college, or community college.
3737 22 "Local law enforcement agency" means any law enforcement
3838 23 unit of government or municipal corporation in this State. It
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3619 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
4343 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new730 ILCS 5/3-2-14 rep.730 ILCS 125/26.2 new730 ILCS 125/26.1 rep. 50 ILCS 705/2 from Ch. 85, par. 502 720 ILCS 5/24-2 730 ILCS 5/3-2-15 new 730 ILCS 5/3-2-14 rep. 730 ILCS 125/26.2 new 730 ILCS 125/26.1 rep.
4444 50 ILCS 705/2 from Ch. 85, par. 502
4545 720 ILCS 5/24-2
4646 730 ILCS 5/3-2-15 new
4747 730 ILCS 5/3-2-14 rep.
4848 730 ILCS 125/26.2 new
4949 730 ILCS 125/26.1 rep.
5050 Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of 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 weapons 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. Repeals inconsistent provisions in Public Act 102-779. Effective immediately.
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8383 1 does not include the State of Illinois or any office, officer,
8484 2 department, division, bureau, board, commission, or agency of
8585 3 the State, except that it does include a State-controlled
8686 4 university, college or public community college.
8787 5 "Retired law enforcement officer qualified under federal
8888 6 law" means an individual who:
8989 7 (1) was separated from service in good standing with a
9090 8 public agency as a law enforcement officer, other than for
9191 9 reasons of mental disability;
9292 10 (2) before such separation, was authorized by law to
9393 11 engage in or supervise the prevention, detection,
9494 12 investigation, or prosecution of, or the incarceration of
9595 13 any person for, any violation of law, and had statutory
9696 14 powers of arrest or apprehension granted by statute;
9797 15 (3) served as a law enforcement officer for an
9898 16 aggregate of 10 years or more before his or her separation
9999 17 in good standing from service with his or her agency, or
100100 18 separated from service in good standing, after completing
101101 19 any applicable probationary period of service, due to a
102102 20 service-connected disability as determined by the agency;
103103 21 (4) has met State firearms training and qualifications
104104 22 that are the same as the training and qualifications for
105105 23 active duty officers;
106106 24 (5) is not under the influence of alcohol or another
107107 25 intoxicating or hallucinatory drug or substance; and
108108 26 (6) is not prohibited by federal law from carrying a
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119119 1 firearm.
120120 2 "State law enforcement agency" means any law enforcement
121121 3 agency of this State. This includes any office, officer,
122122 4 department, division, bureau, board, commission, or agency of
123123 5 the State. It does not include the Illinois State Police as
124124 6 defined in the State Police Act.
125125 7 "Panel" means the Certification Review Panel.
126126 8 "Basic training school" means any school located within
127127 9 the State of Illinois whether privately or publicly owned
128128 10 which offers a course in basic law enforcement or county
129129 11 corrections training and has been approved by the Board.
130130 12 "Probationary police officer" means a recruit law
131131 13 enforcement officer required to successfully complete initial
132132 14 minimum basic training requirements at a basic training school
133133 15 to be eligible for permanent full-time employment as a local
134134 16 law enforcement officer.
135135 17 "Probationary part-time police officer" means a recruit
136136 18 part-time law enforcement officer required to successfully
137137 19 complete initial minimum part-time training requirements to be
138138 20 eligible for employment on a part-time basis as a local law
139139 21 enforcement officer.
140140 22 "Permanent law enforcement officer" means a law
141141 23 enforcement officer who has completed the officer's
142142 24 probationary period and is permanently employed on a full-time
143143 25 basis as a local law enforcement officer, as a security
144144 26 officer, or campus police officer permanently employed by a
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155155 1 law enforcement agency.
156156 2 "Part-time law enforcement officer" means a law
157157 3 enforcement officer who has completed the officer's
158158 4 probationary period and is employed on a part-time basis as a
159159 5 law enforcement officer or as a campus police officer by a law
160160 6 enforcement agency.
161161 7 "Law enforcement officer" means (i) any police officer of
162162 8 a law enforcement agency who is primarily responsible for
163163 9 prevention or detection of crime and the enforcement of the
164164 10 criminal code, traffic, or highway laws of this State or any
165165 11 political subdivision of this State or (ii) any member of a
166166 12 police force appointed and maintained as provided in Section 2
167167 13 of the Railroad Police Act.
168168 14 "Recruit" means any full-time or part-time law enforcement
169169 15 officer or full-time county corrections officer who is
170170 16 enrolled in an approved training course.
171171 17 "Review Committee" means the committee at the Board for
172172 18 certification disciplinary cases in which the Panel, a law
173173 19 enforcement officer, or a law enforcement agency may file for
174174 20 reconsideration of a decertification decision made by the
175175 21 Board.
176176 22 "Probationary county corrections officer" means a recruit
177177 23 county corrections officer required to successfully complete
178178 24 initial minimum basic training requirements at a basic
179179 25 training school to be eligible for permanent employment on a
180180 26 full-time basis as a county corrections officer.
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191191 1 "Permanent county corrections officer" means a county
192192 2 corrections officer who has completed the officer's
193193 3 probationary period and is permanently employed on a full-time
194194 4 basis as a county corrections officer by a participating law
195195 5 enforcement agency.
196196 6 "County corrections officer" means any sworn officer of
197197 7 the sheriff who is primarily responsible for the control and
198198 8 custody of offenders, detainees or inmates.
199199 9 "Probationary court security officer" means a recruit
200200 10 court security officer required to successfully complete
201201 11 initial minimum basic training requirements at a designated
202202 12 training school to be eligible for employment as a court
203203 13 security officer.
204204 14 "Permanent court security officer" means a court security
205205 15 officer who has completed the officer's probationary period
206206 16 and is employed as a court security officer by a participating
207207 17 law enforcement agency.
208208 18 "Court security officer" has the meaning ascribed to it in
209209 19 Section 3-6012.1 of the Counties Code.
210210 20 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
211211 21 Section 10. The Criminal Code of 2012 is amended by
212212 22 changing Section 24-2 as follows:
213213 23 (720 ILCS 5/24-2)
214214 24 Sec. 24-2. Exemptions.
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225225 1 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
226226 2 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
227227 3 the following:
228228 4 (1) Peace officers, and any person summoned by a peace
229229 5 officer to assist in making arrests or preserving the
230230 6 peace, while actually engaged in assisting such officer.
231231 7 (2) Wardens, superintendents and keepers of prisons,
232232 8 penitentiaries, jails and other institutions for the
233233 9 detention of persons accused or convicted of an offense,
234234 10 while in the performance of their official duty, or while
235235 11 commuting between their homes and places of employment.
236236 12 (3) Members of the Armed Services or Reserve Forces of
237237 13 the United States or the Illinois National Guard or the
238238 14 Reserve Officers Training Corps, while in the performance
239239 15 of their official duty.
240240 16 (4) Special agents employed by a railroad or a public
241241 17 utility to perform police functions, and guards of armored
242242 18 car companies, while actually engaged in the performance
243243 19 of the duties of their employment or commuting between
244244 20 their homes and places of employment; and watchmen while
245245 21 actually engaged in the performance of the duties of their
246246 22 employment.
247247 23 (5) Persons licensed as private security contractors,
248248 24 private detectives, or private alarm contractors, or
249249 25 employed by a private security contractor, private
250250 26 detective, or private alarm contractor agency licensed by
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261261 1 the Department of Financial and Professional Regulation,
262262 2 if their duties include the carrying of a weapon under the
263263 3 provisions of the Private Detective, Private Alarm,
264264 4 Private Security, Fingerprint Vendor, and Locksmith Act of
265265 5 2004, while actually engaged in the performance of the
266266 6 duties of their employment or commuting between their
267267 7 homes and places of employment. A person shall be
268268 8 considered eligible for this exemption if he or she has
269269 9 completed the required 20 hours of training for a private
270270 10 security contractor, private detective, or private alarm
271271 11 contractor, or employee of a licensed private security
272272 12 contractor, private detective, or private alarm contractor
273273 13 agency and 28 hours of required firearm training, and has
274274 14 been issued a firearm control card by the Department of
275275 15 Financial and Professional Regulation. Conditions for the
276276 16 renewal of firearm control cards issued under the
277277 17 provisions of this Section shall be the same as for those
278278 18 cards issued under the provisions of the Private
279279 19 Detective, Private Alarm, Private Security, Fingerprint
280280 20 Vendor, and Locksmith Act of 2004. The firearm control
281281 21 card shall be carried by the private security contractor,
282282 22 private detective, or private alarm contractor, or
283283 23 employee of the licensed private security contractor,
284284 24 private detective, or private alarm contractor agency at
285285 25 all times when he or she is in possession of a concealable
286286 26 weapon permitted by his or her firearm control card.
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297297 1 (6) Any person regularly employed in a commercial or
298298 2 industrial operation as a security guard for the
299299 3 protection of persons employed and private property
300300 4 related to such commercial or industrial operation, while
301301 5 actually engaged in the performance of his or her duty or
302302 6 traveling between sites or properties belonging to the
303303 7 employer, and who, as a security guard, is a member of a
304304 8 security force registered with the Department of Financial
305305 9 and Professional Regulation; provided that such security
306306 10 guard has successfully completed a course of study,
307307 11 approved by and supervised by the Department of Financial
308308 12 and Professional Regulation, consisting of not less than
309309 13 48 hours of training that includes the theory of law
310310 14 enforcement, liability for acts, and the handling of
311311 15 weapons. A person shall be considered eligible for this
312312 16 exemption if he or she has completed the required 20 hours
313313 17 of training for a security officer and 28 hours of
314314 18 required firearm training, and has been issued a firearm
315315 19 control card by the Department of Financial and
316316 20 Professional Regulation. Conditions for the renewal of
317317 21 firearm control cards issued under the provisions of this
318318 22 Section shall be the same as for those cards issued under
319319 23 the provisions of the Private Detective, Private Alarm,
320320 24 Private Security, Fingerprint Vendor, and Locksmith Act of
321321 25 2004. The firearm control card shall be carried by the
322322 26 security guard at all times when he or she is in possession
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333333 1 of a concealable weapon permitted by his or her firearm
334334 2 control card.
335335 3 (7) Agents and investigators of the Illinois
336336 4 Legislative Investigating Commission authorized by the
337337 5 Commission to carry the weapons specified in subsections
338338 6 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
339339 7 any investigation for the Commission.
340340 8 (8) Persons employed by a financial institution as a
341341 9 security guard for the protection of other employees and
342342 10 property related to such financial institution, while
343343 11 actually engaged in the performance of their duties,
344344 12 commuting between their homes and places of employment, or
345345 13 traveling between sites or properties owned or operated by
346346 14 such financial institution, and who, as a security guard,
347347 15 is a member of a security force registered with the
348348 16 Department; provided that any person so employed has
349349 17 successfully completed a course of study, approved by and
350350 18 supervised by the Department of Financial and Professional
351351 19 Regulation, consisting of not less than 48 hours of
352352 20 training which includes theory of law enforcement,
353353 21 liability for acts, and the handling of weapons. A person
354354 22 shall be considered to be eligible for this exemption if
355355 23 he or she has completed the required 20 hours of training
356356 24 for a security officer and 28 hours of required firearm
357357 25 training, and has been issued a firearm control card by
358358 26 the Department of Financial and Professional Regulation.
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369369 1 Conditions for renewal of firearm control cards issued
370370 2 under the provisions of this Section shall be the same as
371371 3 for those issued under the provisions of the Private
372372 4 Detective, Private Alarm, Private Security, Fingerprint
373373 5 Vendor, and Locksmith Act of 2004. The firearm control
374374 6 card shall be carried by the security guard at all times
375375 7 when he or she is in possession of a concealable weapon
376376 8 permitted by his or her firearm control card. For purposes
377377 9 of this subsection, "financial institution" means a bank,
378378 10 savings and loan association, credit union or company
379379 11 providing armored car services.
380380 12 (9) Any person employed by an armored car company to
381381 13 drive an armored car, while actually engaged in the
382382 14 performance of his duties.
383383 15 (10) Persons who have been classified as peace
384384 16 officers pursuant to the Peace Officer Fire Investigation
385385 17 Act.
386386 18 (11) Investigators of the Office of the State's
387387 19 Attorneys Appellate Prosecutor authorized by the board of
388388 20 governors of the Office of the State's Attorneys Appellate
389389 21 Prosecutor to carry weapons pursuant to Section 7.06 of
390390 22 the State's Attorneys Appellate Prosecutor's Act.
391391 23 (12) Special investigators appointed by a State's
392392 24 Attorney under Section 3-9005 of the Counties Code.
393393 25 (12.5) Probation officers while in the performance of
394394 26 their duties, or while commuting between their homes,
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405405 1 places of employment or specific locations that are part
406406 2 of their assigned duties, with the consent of the chief
407407 3 judge of the circuit for which they are employed, if they
408408 4 have received weapons training according to requirements
409409 5 of the Peace Officer and Probation Officer Firearm
410410 6 Training Act.
411411 7 (13) Court Security Officers while in the performance
412412 8 of their official duties, or while commuting between their
413413 9 homes and places of employment, with the consent of the
414414 10 Sheriff.
415415 11 (13.5) A person employed as an armed security guard at
416416 12 a nuclear energy, storage, weapons or development site or
417417 13 facility regulated by the Nuclear Regulatory Commission
418418 14 who has completed the background screening and training
419419 15 mandated by the rules and regulations of the Nuclear
420420 16 Regulatory Commission.
421421 17 (14) Manufacture, transportation, or sale of weapons
422422 18 to persons authorized under subdivisions (1) through
423423 19 (13.5) of this subsection to possess those weapons.
424424 20 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
425425 21 to or affect any person carrying a concealed pistol, revolver,
426426 22 or handgun and the person has been issued a currently valid
427427 23 license under the Firearm Concealed Carry Act at the time of
428428 24 the commission of the offense.
429429 25 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
430430 26 to or affect a qualified current or retired law enforcement
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441441 1 officer or a current or retired deputy, county correctional
442442 2 officer, or correctional officer of the Department of
443443 3 Corrections qualified under the laws of this State or under
444444 4 the federal Law Enforcement Officers Safety Act.
445445 5 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
446446 6 24-1.6 do not apply to or affect any of the following:
447447 7 (1) Members of any club or organization organized for
448448 8 the purpose of practicing shooting at targets upon
449449 9 established target ranges, whether public or private, and
450450 10 patrons of such ranges, while such members or patrons are
451451 11 using their firearms on those target ranges.
452452 12 (2) Duly authorized military or civil organizations
453453 13 while parading, with the special permission of the
454454 14 Governor.
455455 15 (3) Hunters, trappers, or fishermen while engaged in
456456 16 lawful hunting, trapping, or fishing under the provisions
457457 17 of the Wildlife Code or the Fish and Aquatic Life Code.
458458 18 (4) Transportation of weapons that are broken down in
459459 19 a non-functioning state or are not immediately accessible.
460460 20 (5) Carrying or possessing any pistol, revolver, stun
461461 21 gun or taser or other firearm on the land or in the legal
462462 22 dwelling of another person as an invitee with that
463463 23 person's permission.
464464 24 (c) Subsection 24-1(a)(7) does not apply to or affect any
465465 25 of the following:
466466 26 (1) Peace officers while in performance of their
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477477 1 official duties.
478478 2 (2) Wardens, superintendents and keepers of prisons,
479479 3 penitentiaries, jails and other institutions for the
480480 4 detention of persons accused or convicted of an offense.
481481 5 (3) Members of the Armed Services or Reserve Forces of
482482 6 the United States or the Illinois National Guard, while in
483483 7 the performance of their official duty.
484484 8 (4) Manufacture, transportation, or sale of machine
485485 9 guns to persons authorized under subdivisions (1) through
486486 10 (3) of this subsection to possess machine guns, if the
487487 11 machine guns are broken down in a non-functioning state or
488488 12 are not immediately accessible.
489489 13 (5) Persons licensed under federal law to manufacture
490490 14 any weapon from which 8 or more shots or bullets can be
491491 15 discharged by a single function of the firing device, or
492492 16 ammunition for such weapons, and actually engaged in the
493493 17 business of manufacturing such weapons or ammunition, but
494494 18 only with respect to activities which are within the
495495 19 lawful scope of such business, such as the manufacture,
496496 20 transportation, or testing of such weapons or ammunition.
497497 21 This exemption does not authorize the general private
498498 22 possession of any weapon from which 8 or more shots or
499499 23 bullets can be discharged by a single function of the
500500 24 firing device, but only such possession and activities as
501501 25 are within the lawful scope of a licensed manufacturing
502502 26 business described in this paragraph.
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513513 1 During transportation, such weapons shall be broken
514514 2 down in a non-functioning state or not immediately
515515 3 accessible.
516516 4 (6) The manufacture, transport, testing, delivery,
517517 5 transfer or sale, and all lawful commercial or
518518 6 experimental activities necessary thereto, of rifles,
519519 7 shotguns, and weapons made from rifles or shotguns, or
520520 8 ammunition for such rifles, shotguns or weapons, where
521521 9 engaged in by a person operating as a contractor or
522522 10 subcontractor pursuant to a contract or subcontract for
523523 11 the development and supply of such rifles, shotguns,
524524 12 weapons or ammunition to the United States government or
525525 13 any branch of the Armed Forces of the United States, when
526526 14 such activities are necessary and incident to fulfilling
527527 15 the terms of such contract.
528528 16 The exemption granted under this subdivision (c)(6)
529529 17 shall also apply to any authorized agent of any such
530530 18 contractor or subcontractor who is operating within the
531531 19 scope of his employment, where such activities involving
532532 20 such weapon, weapons or ammunition are necessary and
533533 21 incident to fulfilling the terms of such contract.
534534 22 (7) A person possessing a rifle with a barrel or
535535 23 barrels less than 16 inches in length if: (A) the person
536536 24 has been issued a Curios and Relics license from the U.S.
537537 25 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
538538 26 (B) the person is an active member of a bona fide,
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549549 1 nationally recognized military re-enacting group and the
550550 2 modification is required and necessary to accurately
551551 3 portray the weapon for historical re-enactment purposes;
552552 4 the re-enactor is in possession of a valid and current
553553 5 re-enacting group membership credential; and the overall
554554 6 length of the weapon as modified is not less than 26
555555 7 inches.
556556 8 (d) Subsection 24-1(a)(1) does not apply to the purchase,
557557 9 possession or carrying of a black-jack or slung-shot by a
558558 10 peace officer.
559559 11 (e) Subsection 24-1(a)(8) does not apply to any owner,
560560 12 manager or authorized employee of any place specified in that
561561 13 subsection nor to any law enforcement officer.
562562 14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
563563 15 Section 24-1.6 do not apply to members of any club or
564564 16 organization organized for the purpose of practicing shooting
565565 17 at targets upon established target ranges, whether public or
566566 18 private, while using their firearms on those target ranges.
567567 19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
568568 20 to:
569569 21 (1) Members of the Armed Services or Reserve Forces of
570570 22 the United States or the Illinois National Guard, while in
571571 23 the performance of their official duty.
572572 24 (2) Bonafide collectors of antique or surplus military
573573 25 ordnance.
574574 26 (3) Laboratories having a department of forensic
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585585 1 ballistics, or specializing in the development of
586586 2 ammunition or explosive ordnance.
587587 3 (4) Commerce, preparation, assembly or possession of
588588 4 explosive bullets by manufacturers of ammunition licensed
589589 5 by the federal government, in connection with the supply
590590 6 of those organizations and persons exempted by subdivision
591591 7 (g)(1) of this Section, or like organizations and persons
592592 8 outside this State, or the transportation of explosive
593593 9 bullets to any organization or person exempted in this
594594 10 Section by a common carrier or by a vehicle owned or leased
595595 11 by an exempted manufacturer.
596596 12 (g-5) Subsection 24-1(a)(6) does not apply to or affect
597597 13 persons licensed under federal law to manufacture any device
598598 14 or attachment of any kind designed, used, or intended for use
599599 15 in silencing the report of any firearm, firearms, or
600600 16 ammunition for those firearms equipped with those devices, and
601601 17 actually engaged in the business of manufacturing those
602602 18 devices, firearms, or ammunition, but only with respect to
603603 19 activities that are within the lawful scope of that business,
604604 20 such as the manufacture, transportation, or testing of those
605605 21 devices, firearms, or ammunition. This exemption does not
606606 22 authorize the general private possession of any device or
607607 23 attachment of any kind designed, used, or intended for use in
608608 24 silencing the report of any firearm, but only such possession
609609 25 and activities as are within the lawful scope of a licensed
610610 26 manufacturing business described in this subsection (g-5).
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621621 1 During transportation, these devices shall be detached from
622622 2 any weapon or not immediately accessible.
623623 3 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624624 4 24-1.6 do not apply to or affect any parole agent or parole
625625 5 supervisor who meets the qualifications and conditions
626626 6 prescribed in Section 3-14-1.5 of the Unified Code of
627627 7 Corrections.
628628 8 (g-7) Subsection 24-1(a)(6) does not apply to a peace
629629 9 officer while serving as a member of a tactical response team
630630 10 or special operations team. A peace officer may not personally
631631 11 own or apply for ownership of a device or attachment of any
632632 12 kind designed, used, or intended for use in silencing the
633633 13 report of any firearm. These devices shall be owned and
634634 14 maintained by lawfully recognized units of government whose
635635 15 duties include the investigation of criminal acts.
636636 16 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
637637 17 24-1.6 do not apply to or affect any currently employed or
638638 18 qualified retired State correctional officer who meets the
639639 19 qualifications and conditions prescribed in Section 3-2-15 of
640640 20 the Unified Code of Corrections.
641641 21 (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
642642 22 24-1.6 do not apply to or affect any currently employed or
643643 23 qualified retired county correctional officer who meets the
644644 24 qualifications and conditions prescribed in Section 26.2 of
645645 25 the County Jail Act.
646646 26 (g-10) (Blank).
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657657 1 (h) An information or indictment based upon a violation of
658658 2 any subsection of this Article need not negative any
659659 3 exemptions contained in this Article. The defendant shall have
660660 4 the burden of proving such an exemption.
661661 5 (i) Nothing in this Article shall prohibit, apply to, or
662662 6 affect the transportation, carrying, or possession, of any
663663 7 pistol or revolver, stun gun, taser, or other firearm
664664 8 consigned to a common carrier operating under license of the
665665 9 State of Illinois or the federal government, where such
666666 10 transportation, carrying, or possession is incident to the
667667 11 lawful transportation in which such common carrier is engaged;
668668 12 and nothing in this Article shall prohibit, apply to, or
669669 13 affect the transportation, carrying, or possession of any
670670 14 pistol, revolver, stun gun, taser, or other firearm, not the
671671 15 subject of and regulated by subsection 24-1(a)(7) or
672672 16 subsection 24-2(c) of this Article, which is unloaded and
673673 17 enclosed in a case, firearm carrying box, shipping box, or
674674 18 other container, by the possessor of a valid Firearm Owners
675675 19 Identification Card.
676676 20 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
677677 21 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
678678 22 12-14-22.)
679679 23 Section 15. The Unified Code of Corrections is amended by
680680 24 adding Section 3-2-15 as follows:
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691691 1 (730 ILCS 5/3-2-15 new)
692692 2 Sec. 3-2-15. State correctional officers; off-duty
693693 3 firearms.
694694 4 (a) In this Section, "State correctional officer" means an
695695 5 employee of the Department of Corrections who has custody and
696696 6 control over inmates in an adult correctional facility.
697697 7 (b) In this Section, "qualified retired State correctional
698698 8 officer" means a former State correctional officer who:
699699 9 (1) was separated from service with the Department of
700700 10 Corrections in good standing;
701701 11 (2) before the separation, was authorized by law to
702702 12 engage in or supervise the activities of prevention,
703703 13 detection, investigation, prosecution, or incarceration of
704704 14 any person for any violation of law;
705705 15 (3) before the separation, served as a State
706706 16 correctional officer for an aggregate of 10 years or more;
707707 17 (4) has not either:
708708 18 (A) been officially found, as the Department shall
709709 19 by rule provide, by a qualified medical professional
710710 20 employed by the Department of Corrections to be
711711 21 unqualified for reasons relating to mental health and
712712 22 as a result of this finding will not be issued the
713713 23 photographic identification as described in paragraph
714714 24 (5) of subsection (c); or
715715 25 (B) entered into an agreement with the Department
716716 26 of Corrections in which that individual acknowledges
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727727 1 he or she is not qualified under this Section for
728728 2 reasons relating to mental health and for those
729729 3 reasons will not receive or accept the photographic
730730 4 identification as described in paragraph (5) of
731731 5 subsection (c);
732732 6 (5) is not under the influence of alcohol or any other
733733 7 intoxicating or hallucinatory drug or substance; and
734734 8 (6) is not prohibited by State or federal law from
735735 9 owning or possessing a firearm.
736736 10 (c) Paragraphs (4) and (10) of subsection (a) of Section
737737 11 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not
738738 12 apply to currently employed or qualified retired State
739739 13 correctional officers who meet the following conditions:
740740 14 (1) The currently employed or qualified retired State
741741 15 correctional officer must receive training in the use of
742742 16 firearms while off-duty conducted by the Illinois Law
743743 17 Enforcement Training Standards Board and be certified as
744744 18 having successfully completed the training by the Board.
745745 19 The Board shall determine the amount of the training and
746746 20 the course content for the training. The currently
747747 21 employed or qualified retired State correctional officer
748748 22 shall requalify for the firearms training annually at a
749749 23 State range certified by the Illinois Law Enforcement
750750 24 Training Standards Board. The expenses of the retraining
751751 25 shall be paid by the currently employed or qualified
752752 26 retired State correctional officer and moneys for the
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763763 1 costs of the requalification shall be expended at the
764764 2 request of the Illinois Law Enforcement Training Standards
765765 3 Board.
766766 4 (2) The currently employed or qualified retired State
767767 5 correctional officer shall purchase the firearm at his or
768768 6 her own expense and shall register the firearm with the
769769 7 Illinois State Police and with any local law enforcement
770770 8 agencies that require the registration.
771771 9 (3) The currently employed or qualified retired State
772772 10 correctional officer may not carry any Department of
773773 11 Corrections State-issued firearm while off-duty. A person
774774 12 who violates this paragraph (3) is subject to disciplinary
775775 13 action by the Department of Corrections.
776776 14 (4) State correctional officers who are or were
777777 15 discharged from employment by the Department of
778778 16 Corrections are not law enforcement officials after the
779779 17 date of discharge.
780780 18 (5) The currently employed or qualified retired State
781781 19 correctional officer shall carry photographic
782782 20 identification issued by the Department of Corrections
783783 21 identifying him or her as a currently employed or
784784 22 qualified retired State correctional officer while
785785 23 carrying a firearm off-duty, along with a valid annual
786786 24 firearm certificate issued by the Illinois Law Enforcement
787787 25 Training Standards Board stating that he or she is
788788 26 qualified to carry a concealed weapon.
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799799 1 (730 ILCS 5/3-2-14 rep.)
800800 2 Section 20. The Unified Code of Corrections is amended by
801801 3 repealing Section 3-2-14.
802802 4 Section 25. The County Jail Act is amended by adding
803803 5 Section 26.2 as follows:
804804 6 (730 ILCS 125/26.2 new)
805805 7 Sec. 26.2. County correctional officers; off-duty
806806 8 firearms.
807807 9 (a) In this Section, "county correctional officer" means
808808 10 an employee of a county sheriff's office within this State who
809809 11 has custody and control over adult inmates in a county jail.
810810 12 (b) In this Section, "qualified retired county
811811 13 correctional officer" means a former county correctional
812812 14 officer who:
813813 15 (1) was separated from service with the county
814814 16 sheriff's office in good standing;
815815 17 (2) before the separation, was authorized by law to
816816 18 engage in or supervise the activities of prevention,
817817 19 detection, investigation, prosecution, or incarceration of
818818 20 any person for any violation of law;
819819 21 (3) before the separation, served as a county
820820 22 correctional officer for an aggregate of 10 years or more;
821821 23 (4) has not either:
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832832 1 (A) been officially found, as the county sheriff
833833 2 shall by rule provide, by a qualified medical
834834 3 professional employed by the county sheriff to be
835835 4 unqualified for reasons relating to mental health and
836836 5 as a result of this finding will not be issued the
837837 6 photographic identification as described in paragraph
838838 7 (5) of subsection (c); or
839839 8 (B) entered into an agreement with the county
840840 9 sheriff's office from which the individual is
841841 10 separated form service in which that individual
842842 11 acknowledges he or she is not qualified under this
843843 12 Section for reasons relating to mental health and for
844844 13 those reasons will not receive or accept the
845845 14 photographic identification as described in paragraph
846846 15 (5) of subsection (c);
847847 16 (5) is not under the influence of alcohol or any other
848848 17 intoxicating or hallucinatory drug or substance; and
849849 18 (6) is not prohibited by State or federal law from
850850 19 receiving a firearm.
851851 20 (c) Paragraphs (4) and (10) of subsection (a) of Section
852852 21 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not
853853 22 apply to currently employed or qualified retired county
854854 23 correctional officers who meet the following conditions:
855855 24 (1) The currently employed or qualified retired county
856856 25 correctional officer must receive training in the use of
857857 26 firearms while off-duty conducted by the Illinois Law
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868868 1 Enforcement Training Standards Board and be certified as
869869 2 having successfully completed the training by the Board.
870870 3 The Board shall determine the amount of the training and
871871 4 the course content for the training. The currently
872872 5 employed or qualified retired county correctional officer
873873 6 shall requalify for the firearms training annually at a
874874 7 State range certified by the Illinois Law Enforcement
875875 8 Training Standards Board. The expenses of the retraining
876876 9 shall be paid by the currently employed or qualified
877877 10 retired county correctional officer and moneys for the
878878 11 costs of the requalification shall be expended at the
879879 12 request of the Illinois Law Enforcement Training Standards
880880 13 Board.
881881 14 (2) The currently employed or qualified retired county
882882 15 correctional officer shall purchase the firearm at his or
883883 16 her own expense and shall register the firearm with the
884884 17 Illinois State Police and with any other local law
885885 18 enforcement agencies that require the registration.
886886 19 (3) The currently employed or qualified retired county
887887 20 correctional officer may not carry any county
888888 21 sheriff-issued firearm while off-duty. A person who
889889 22 violates this paragraph (3) is subject to disciplinary
890890 23 action by the county sheriff.
891891 24 (4) County correctional officers who are or were
892892 25 discharged from employment by the county sheriff shall no
893893 26 longer be considered law enforcement officials and all
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904904 1 their rights as law enforcement officials shall be revoked
905905 2 permanently.
906906 3 (5) The currently employed or qualified retired county
907907 4 correctional officer shall carry a photographic
908908 5 identification issued by his or her agency identifying him
909909 6 or her as a currently employed or qualified retired county
910910 7 correctional officer while carrying a firearm off-duty,
911911 8 along with a valid annual firearm certificate issued by
912912 9 the Illinois Law Enforcement Training Standards Board
913913 10 stating that he or she is qualified to carry a concealed
914914 11 weapon.
915915 12 (730 ILCS 125/26.1 rep.)
916916 13 Section 30. The County Jail Act is amended by repealing
917917 14 Section 26.1.
918918 15 Section 99. Effective date. This Act takes effect upon
919919 16 becoming law.
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