Illinois 2023-2024 Regular Session

Illinois House Bill HB4761 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 HB4761 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 430 ILCS 65/2 from Ch. 38, par. 83-2720 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. LRB103 36598 RLC 66707 b A BILL FOR 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. 83-2720 ILCS 5/24-2 430 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. LRB103 36598 RLC 66707 b LRB103 36598 RLC 66707 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4761 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
33 430 ILCS 65/2 from Ch. 38, par. 83-2720 ILCS 5/24-2 430 ILCS 65/2 from Ch. 38, par. 83-2 720 ILCS 5/24-2
44 430 ILCS 65/2 from Ch. 38, par. 83-2
55 720 ILCS 5/24-2
66 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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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Firearm Owners Identification Card Act is
1616 5 amended by changing Section 2 as follows:
1717 6 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
1818 7 Sec. 2. Firearm Owner's Identification Card required;
1919 8 exceptions.
2020 9 (a) (1) No person may acquire or possess any firearm, stun
2121 10 gun, or taser within this State without having in his or her
2222 11 possession a Firearm Owner's Identification Card previously
2323 12 issued in his or her name by the Illinois State Police under
2424 13 the provisions of this Act.
2525 14 (2) No person may acquire or possess firearm ammunition
2626 15 within this State without having in his or her possession a
2727 16 Firearm Owner's Identification Card previously issued in his
2828 17 or her name by the Illinois State Police under the provisions
2929 18 of this Act.
3030 19 (b) The provisions of this Section regarding the
3131 20 possession of firearms, firearm ammunition, stun guns, and
3232 21 tasers do not apply to:
3333 22 (1) United States Marshals, while engaged in the
3434 23 operation of their official duties;
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4761 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3939 430 ILCS 65/2 from Ch. 38, par. 83-2720 ILCS 5/24-2 430 ILCS 65/2 from Ch. 38, par. 83-2 720 ILCS 5/24-2
4040 430 ILCS 65/2 from Ch. 38, par. 83-2
4141 720 ILCS 5/24-2
4242 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.
4343 LRB103 36598 RLC 66707 b LRB103 36598 RLC 66707 b
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7171 1 (2) Members of the Armed Forces of the United States
7272 2 or the National Guard, while engaged in the operation of
7373 3 their official duties;
7474 4 (3) Federal officials required to carry firearms,
7575 5 while engaged in the operation of their official duties;
7676 6 (4) Members of bona fide veterans organizations which
7777 7 receive firearms directly from the armed forces of the
7878 8 United States, while using the firearms for ceremonial
7979 9 purposes with blank ammunition;
8080 10 (5) Nonresident hunters during hunting season, with
8181 11 valid nonresident hunting licenses and while in an area
8282 12 where hunting is permitted; however, at all other times
8383 13 and in all other places these persons must have their
8484 14 firearms unloaded and enclosed in a case;
8585 15 (6) Those hunters exempt from obtaining a hunting
8686 16 license who are required to submit their Firearm Owner's
8787 17 Identification Card when hunting on Department of Natural
8888 18 Resources owned or managed sites;
8989 19 (7) Nonresidents while on a firing or shooting range
9090 20 recognized by the Illinois State Police; however, these
9191 21 persons must at all other times and in all other places
9292 22 have their firearms unloaded and enclosed in a case;
9393 23 (8) Nonresidents while at a firearm showing or display
9494 24 recognized by the Illinois State Police; however, at all
9595 25 other times and in all other places these persons must
9696 26 have their firearms unloaded and enclosed in a case;
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107107 1 (9) Nonresidents whose firearms are unloaded and
108108 2 enclosed in a case;
109109 3 (10) Nonresidents who are currently licensed or
110110 4 registered to possess a firearm in their resident state;
111111 5 (11) Unemancipated minors while in the custody and
112112 6 immediate control of their parent or legal guardian or
113113 7 other person in loco parentis to the minor if the parent or
114114 8 legal guardian or other person in loco parentis to the
115115 9 minor has a currently valid Firearm Owner's Identification
116116 10 Card;
117117 11 (12) Color guards of bona fide veterans organizations
118118 12 or members of bona fide American Legion bands while using
119119 13 firearms for ceremonial purposes with blank ammunition;
120120 14 (13) Nonresident hunters whose state of residence does
121121 15 not require them to be licensed or registered to possess a
122122 16 firearm and only during hunting season, with valid hunting
123123 17 licenses, while accompanied by, and using a firearm owned
124124 18 by, a person who possesses a valid Firearm Owner's
125125 19 Identification Card and while in an area within a
126126 20 commercial club licensed under the Wildlife Code where
127127 21 hunting is permitted and controlled, but in no instance
128128 22 upon sites owned or managed by the Department of Natural
129129 23 Resources;
130130 24 (14) Resident hunters who are properly authorized to
131131 25 hunt and, while accompanied by a person who possesses a
132132 26 valid Firearm Owner's Identification Card, hunt in an area
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143143 1 within a commercial club licensed under the Wildlife Code
144144 2 where hunting is permitted and controlled; and
145145 3 (15) A person who is otherwise eligible to obtain a
146146 4 Firearm Owner's Identification Card under this Act and is
147147 5 under the direct supervision of a holder of a Firearm
148148 6 Owner's Identification Card who is 21 years of age or
149149 7 older while the person is on a firing or shooting range or
150150 8 is a participant in a firearms safety and training course
151151 9 recognized by a law enforcement agency or a national,
152152 10 statewide shooting sports organization.
153153 11 (c) The provisions of this Section regarding the
154154 12 acquisition and possession of firearms, firearm ammunition,
155155 13 stun guns, and tasers do not apply to law enforcement
156156 14 officials of this or any other jurisdiction, while engaged in
157157 15 the operation of their official duties.
158158 16 (c-5) The provisions of paragraphs (1) and (2) of
159159 17 subsection (a) of this Section regarding the possession of
160160 18 firearms and firearm ammunition do not apply to the holder of a
161161 19 valid concealed carry license issued under the Firearm
162162 20 Concealed Carry Act who is in physical possession of the
163163 21 concealed carry license.
164164 22 (c-6) The provisions of paragraphs (1) and (2) of
165165 23 subsection (a) of this Section regarding the possession of
166166 24 firearms and firearm ammunition do not apply to veterans. In
167167 25 this subsection (c-6), "veteran" means a person who has served
168168 26 in the Armed Forces of the United States or the Illinois
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179179 1 National Guard and was discharged or separated under honorable
180180 2 conditions.
181181 3 (d) Any person who becomes a resident of this State, who is
182182 4 not otherwise prohibited from obtaining, possessing, or using
183183 5 a firearm or firearm ammunition, shall not be required to have
184184 6 a Firearm Owner's Identification Card to possess firearms or
185185 7 firearms ammunition until 60 calendar days after he or she
186186 8 obtains an Illinois driver's license or Illinois
187187 9 Identification Card.
188188 10 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
189189 11 Section 10. The Criminal Code of 2012 is amended by
190190 12 changing Section 24-2 as follows:
191191 13 (720 ILCS 5/24-2)
192192 14 Sec. 24-2. Exemptions.
193193 15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
194194 16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
195195 17 the following:
196196 18 (1) Peace officers, and any person summoned by a peace
197197 19 officer to assist in making arrests or preserving the
198198 20 peace, while actually engaged in assisting such officer.
199199 21 (2) Wardens, superintendents and keepers of prisons,
200200 22 penitentiaries, jails and other institutions for the
201201 23 detention of persons accused or convicted of an offense,
202202 24 while in the performance of their official duty, or while
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213213 1 commuting between their homes and places of employment.
214214 2 (3) Members of the Armed Services or Reserve Forces of
215215 3 the United States or the Illinois National Guard or the
216216 4 Reserve Officers Training Corps, while in the performance
217217 5 of their official duty.
218218 6 (4) Special agents employed by a railroad or a public
219219 7 utility to perform police functions, and guards of armored
220220 8 car companies, while actually engaged in the performance
221221 9 of the duties of their employment or commuting between
222222 10 their homes and places of employment; and watchmen while
223223 11 actually engaged in the performance of the duties of their
224224 12 employment.
225225 13 (5) Persons licensed as private security contractors,
226226 14 private detectives, or private alarm contractors, or
227227 15 employed by a private security contractor, private
228228 16 detective, or private alarm contractor agency licensed by
229229 17 the Department of Financial and Professional Regulation,
230230 18 if their duties include the carrying of a weapon under the
231231 19 provisions of the Private Detective, Private Alarm,
232232 20 Private Security, Fingerprint Vendor, and Locksmith Act of
233233 21 2004, while actually engaged in the performance of the
234234 22 duties of their employment or commuting between their
235235 23 homes and places of employment. A person shall be
236236 24 considered eligible for this exemption if he or she has
237237 25 completed the required 20 hours of training for a private
238238 26 security contractor, private detective, or private alarm
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249249 1 contractor, or employee of a licensed private security
250250 2 contractor, private detective, or private alarm contractor
251251 3 agency and 28 hours of required firearm training, and has
252252 4 been issued a firearm control card by the Department of
253253 5 Financial and Professional Regulation. Conditions for the
254254 6 renewal of firearm control cards issued under the
255255 7 provisions of this Section shall be the same as for those
256256 8 cards issued under the provisions of the Private
257257 9 Detective, Private Alarm, Private Security, Fingerprint
258258 10 Vendor, and Locksmith Act of 2004. The firearm control
259259 11 card shall be carried by the private security contractor,
260260 12 private detective, or private alarm contractor, or
261261 13 employee of the licensed private security contractor,
262262 14 private detective, or private alarm contractor agency at
263263 15 all times when he or she is in possession of a concealable
264264 16 weapon permitted by his or her firearm control card.
265265 17 (6) Any person regularly employed in a commercial or
266266 18 industrial operation as a security guard for the
267267 19 protection of persons employed and private property
268268 20 related to such commercial or industrial operation, while
269269 21 actually engaged in the performance of his or her duty or
270270 22 traveling between sites or properties belonging to the
271271 23 employer, and who, as a security guard, is a member of a
272272 24 security force registered with the Department of Financial
273273 25 and Professional Regulation; provided that such security
274274 26 guard has successfully completed a course of study,
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285285 1 approved by and supervised by the Department of Financial
286286 2 and Professional Regulation, consisting of not less than
287287 3 48 hours of training that includes the theory of law
288288 4 enforcement, liability for acts, and the handling of
289289 5 weapons. A person shall be considered eligible for this
290290 6 exemption if he or she has completed the required 20 hours
291291 7 of training for a security officer and 28 hours of
292292 8 required firearm training, and has been issued a firearm
293293 9 control card by the Department of Financial and
294294 10 Professional Regulation. Conditions for the renewal of
295295 11 firearm control cards issued under the provisions of this
296296 12 Section shall be the same as for those cards issued under
297297 13 the provisions of the Private Detective, Private Alarm,
298298 14 Private Security, Fingerprint Vendor, and Locksmith Act of
299299 15 2004. The firearm control card shall be carried by the
300300 16 security guard at all times when he or she is in possession
301301 17 of a concealable weapon permitted by his or her firearm
302302 18 control card.
303303 19 (7) Agents and investigators of the Illinois
304304 20 Legislative Investigating Commission authorized by the
305305 21 Commission to carry the weapons specified in subsections
306306 22 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
307307 23 any investigation for the Commission.
308308 24 (8) Persons employed by a financial institution as a
309309 25 security guard for the protection of other employees and
310310 26 property related to such financial institution, while
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321321 1 actually engaged in the performance of their duties,
322322 2 commuting between their homes and places of employment, or
323323 3 traveling between sites or properties owned or operated by
324324 4 such financial institution, and who, as a security guard,
325325 5 is a member of a security force registered with the
326326 6 Department; provided that any person so employed has
327327 7 successfully completed a course of study, approved by and
328328 8 supervised by the Department of Financial and Professional
329329 9 Regulation, consisting of not less than 48 hours of
330330 10 training which includes theory of law enforcement,
331331 11 liability for acts, and the handling of weapons. A person
332332 12 shall be considered to be eligible for this exemption if
333333 13 he or she has completed the required 20 hours of training
334334 14 for a security officer and 28 hours of required firearm
335335 15 training, and has been issued a firearm control card by
336336 16 the Department of Financial and Professional Regulation.
337337 17 Conditions for renewal of firearm control cards issued
338338 18 under the provisions of this Section shall be the same as
339339 19 for those issued under the provisions of the Private
340340 20 Detective, Private Alarm, Private Security, Fingerprint
341341 21 Vendor, and Locksmith Act of 2004. The firearm control
342342 22 card shall be carried by the security guard at all times
343343 23 when he or she is in possession of a concealable weapon
344344 24 permitted by his or her firearm control card. For purposes
345345 25 of this subsection, "financial institution" means a bank,
346346 26 savings and loan association, credit union or company
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357357 1 providing armored car services.
358358 2 (9) Any person employed by an armored car company to
359359 3 drive an armored car, while actually engaged in the
360360 4 performance of his duties.
361361 5 (10) Persons who have been classified as peace
362362 6 officers pursuant to the Peace Officer Fire Investigation
363363 7 Act.
364364 8 (11) Investigators of the Office of the State's
365365 9 Attorneys Appellate Prosecutor authorized by the board of
366366 10 governors of the Office of the State's Attorneys Appellate
367367 11 Prosecutor to carry weapons pursuant to Section 7.06 of
368368 12 the State's Attorneys Appellate Prosecutor's Act.
369369 13 (12) Special investigators appointed by a State's
370370 14 Attorney under Section 3-9005 of the Counties Code.
371371 15 (12.5) Probation officers while in the performance of
372372 16 their duties, or while commuting between their homes,
373373 17 places of employment or specific locations that are part
374374 18 of their assigned duties, with the consent of the chief
375375 19 judge of the circuit for which they are employed, if they
376376 20 have received weapons training according to requirements
377377 21 of the Peace Officer and Probation Officer Firearm
378378 22 Training Act.
379379 23 (13) Court Security Officers while in the performance
380380 24 of their official duties, or while commuting between their
381381 25 homes and places of employment, with the consent of the
382382 26 Sheriff.
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393393 1 (13.5) A person employed as an armed security guard at
394394 2 a nuclear energy, storage, weapons or development site or
395395 3 facility regulated by the Nuclear Regulatory Commission
396396 4 who has completed the background screening and training
397397 5 mandated by the rules and regulations of the Nuclear
398398 6 Regulatory Commission.
399399 7 (14) Manufacture, transportation, or sale of weapons
400400 8 to persons authorized under subdivisions (1) through
401401 9 (13.5) of this subsection to possess those weapons.
402402 10 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
403403 11 to or affect any person carrying a concealed pistol, revolver,
404404 12 or handgun and the person has been issued a currently valid
405405 13 license under the Firearm Concealed Carry Act at the time of
406406 14 the commission of the offense.
407407 15 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
408408 16 to or affect a qualified current or retired law enforcement
409409 17 officer or a current or retired deputy, county correctional
410410 18 officer, or correctional officer of the Department of
411411 19 Corrections qualified under the laws of this State or under
412412 20 the federal Law Enforcement Officers Safety Act.
413413 21 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
414414 22 24-1.6 do not apply to or affect any of the following:
415415 23 (1) Members of any club or organization organized for
416416 24 the purpose of practicing shooting at targets upon
417417 25 established target ranges, whether public or private, and
418418 26 patrons of such ranges, while such members or patrons are
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429429 1 using their firearms on those target ranges.
430430 2 (2) Duly authorized military or civil organizations
431431 3 while parading, with the special permission of the
432432 4 Governor.
433433 5 (3) Hunters, trappers, or fishermen while engaged in
434434 6 lawful hunting, trapping, or fishing under the provisions
435435 7 of the Wildlife Code or the Fish and Aquatic Life Code.
436436 8 (4) Transportation of weapons that are broken down in
437437 9 a non-functioning state or are not immediately accessible.
438438 10 (5) Carrying or possessing any pistol, revolver, stun
439439 11 gun or taser or other firearm on the land or in the legal
440440 12 dwelling of another person as an invitee with that
441441 13 person's permission.
442442 14 (6) Veterans. In this paragraph (6), "veteran" means a
443443 15 person who has served in the Armed Forces of the United
444444 16 States or the Illinois National Guard and was discharged
445445 17 or separated under honorable conditions.
446446 18 (c) Subsection 24-1(a)(7) does not apply to or affect any
447447 19 of the following:
448448 20 (1) Peace officers while in performance of their
449449 21 official duties.
450450 22 (2) Wardens, superintendents and keepers of prisons,
451451 23 penitentiaries, jails and other institutions for the
452452 24 detention of persons accused or convicted of an offense.
453453 25 (3) Members of the Armed Services or Reserve Forces of
454454 26 the United States or the Illinois National Guard, while in
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465465 1 the performance of their official duty.
466466 2 (4) Manufacture, transportation, or sale of machine
467467 3 guns to persons authorized under subdivisions (1) through
468468 4 (3) of this subsection to possess machine guns, if the
469469 5 machine guns are broken down in a non-functioning state or
470470 6 are not immediately accessible.
471471 7 (5) Persons licensed under federal law to manufacture
472472 8 any weapon from which 8 or more shots or bullets can be
473473 9 discharged by a single function of the firing device, or
474474 10 ammunition for such weapons, and actually engaged in the
475475 11 business of manufacturing such weapons or ammunition, but
476476 12 only with respect to activities which are within the
477477 13 lawful scope of such business, such as the manufacture,
478478 14 transportation, or testing of such weapons or ammunition.
479479 15 This exemption does not authorize the general private
480480 16 possession of any weapon from which 8 or more shots or
481481 17 bullets can be discharged by a single function of the
482482 18 firing device, but only such possession and activities as
483483 19 are within the lawful scope of a licensed manufacturing
484484 20 business described in this paragraph.
485485 21 During transportation, such weapons shall be broken
486486 22 down in a non-functioning state or not immediately
487487 23 accessible.
488488 24 (6) The manufacture, transport, testing, delivery,
489489 25 transfer or sale, and all lawful commercial or
490490 26 experimental activities necessary thereto, of rifles,
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501501 1 shotguns, and weapons made from rifles or shotguns, or
502502 2 ammunition for such rifles, shotguns or weapons, where
503503 3 engaged in by a person operating as a contractor or
504504 4 subcontractor pursuant to a contract or subcontract for
505505 5 the development and supply of such rifles, shotguns,
506506 6 weapons or ammunition to the United States government or
507507 7 any branch of the Armed Forces of the United States, when
508508 8 such activities are necessary and incident to fulfilling
509509 9 the terms of such contract.
510510 10 The exemption granted under this subdivision (c)(6)
511511 11 shall also apply to any authorized agent of any such
512512 12 contractor or subcontractor who is operating within the
513513 13 scope of his employment, where such activities involving
514514 14 such weapon, weapons or ammunition are necessary and
515515 15 incident to fulfilling the terms of such contract.
516516 16 (7) A person possessing a rifle with a barrel or
517517 17 barrels less than 16 inches in length if: (A) the person
518518 18 has been issued a Curios and Relics license from the U.S.
519519 19 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
520520 20 (B) the person is an active member of a bona fide,
521521 21 nationally recognized military re-enacting group and the
522522 22 modification is required and necessary to accurately
523523 23 portray the weapon for historical re-enactment purposes;
524524 24 the re-enactor is in possession of a valid and current
525525 25 re-enacting group membership credential; and the overall
526526 26 length of the weapon as modified is not less than 26
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537537 1 inches.
538538 2 (d) Subsection 24-1(a)(1) does not apply to the purchase,
539539 3 possession or carrying of a black-jack or slung-shot by a
540540 4 peace officer.
541541 5 (e) Subsection 24-1(a)(8) does not apply to any owner,
542542 6 manager or authorized employee of any place specified in that
543543 7 subsection nor to any law enforcement officer.
544544 8 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
545545 9 Section 24-1.6 do not apply to members of any club or
546546 10 organization organized for the purpose of practicing shooting
547547 11 at targets upon established target ranges, whether public or
548548 12 private, while using their firearms on those target ranges.
549549 13 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
550550 14 to:
551551 15 (1) Members of the Armed Services or Reserve Forces of
552552 16 the United States or the Illinois National Guard, while in
553553 17 the performance of their official duty.
554554 18 (2) Bonafide collectors of antique or surplus military
555555 19 ordnance.
556556 20 (3) Laboratories having a department of forensic
557557 21 ballistics, or specializing in the development of
558558 22 ammunition or explosive ordnance.
559559 23 (4) Commerce, preparation, assembly or possession of
560560 24 explosive bullets by manufacturers of ammunition licensed
561561 25 by the federal government, in connection with the supply
562562 26 of those organizations and persons exempted by subdivision
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573573 1 (g)(1) of this Section, or like organizations and persons
574574 2 outside this State, or the transportation of explosive
575575 3 bullets to any organization or person exempted in this
576576 4 Section by a common carrier or by a vehicle owned or leased
577577 5 by an exempted manufacturer.
578578 6 (g-5) Subsection 24-1(a)(6) does not apply to or affect
579579 7 persons licensed under federal law to manufacture any device
580580 8 or attachment of any kind designed, used, or intended for use
581581 9 in silencing the report of any firearm, firearms, or
582582 10 ammunition for those firearms equipped with those devices, and
583583 11 actually engaged in the business of manufacturing those
584584 12 devices, firearms, or ammunition, but only with respect to
585585 13 activities that are within the lawful scope of that business,
586586 14 such as the manufacture, transportation, or testing of those
587587 15 devices, firearms, or ammunition. This exemption does not
588588 16 authorize the general private possession of any device or
589589 17 attachment of any kind designed, used, or intended for use in
590590 18 silencing the report of any firearm, but only such possession
591591 19 and activities as are within the lawful scope of a licensed
592592 20 manufacturing business described in this subsection (g-5).
593593 21 During transportation, these devices shall be detached from
594594 22 any weapon or not immediately accessible.
595595 23 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
596596 24 24-1.6 do not apply to or affect any parole agent or parole
597597 25 supervisor who meets the qualifications and conditions
598598 26 prescribed in Section 3-14-1.5 of the Unified Code of
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609609 1 Corrections.
610610 2 (g-7) Subsection 24-1(a)(6) does not apply to a peace
611611 3 officer while serving as a member of a tactical response team
612612 4 or special operations team. A peace officer may not personally
613613 5 own or apply for ownership of a device or attachment of any
614614 6 kind designed, used, or intended for use in silencing the
615615 7 report of any firearm. These devices shall be owned and
616616 8 maintained by lawfully recognized units of government whose
617617 9 duties include the investigation of criminal acts.
618618 10 (g-10) (Blank).
619619 11 (h) An information or indictment based upon a violation of
620620 12 any subsection of this Article need not negative any
621621 13 exemptions contained in this Article. The defendant shall have
622622 14 the burden of proving such an exemption.
623623 15 (i) Nothing in this Article shall prohibit, apply to, or
624624 16 affect the transportation, carrying, or possession, of any
625625 17 pistol or revolver, stun gun, taser, or other firearm
626626 18 consigned to a common carrier operating under license of the
627627 19 State of Illinois or the federal government, where such
628628 20 transportation, carrying, or possession is incident to the
629629 21 lawful transportation in which such common carrier is engaged;
630630 22 and nothing in this Article shall prohibit, apply to, or
631631 23 affect the transportation, carrying, or possession of any
632632 24 pistol, revolver, stun gun, taser, or other firearm, not the
633633 25 subject of and regulated by subsection 24-1(a)(7) or
634634 26 subsection 24-2(c) of this Article, which is unloaded and
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