Illinois 2025-2026 Regular Session

Illinois House Bill HB4031 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4031 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-2 Amends the Criminal Code of 2012. Provides that the offense of unlawful possession of weapons in relation to knowingly possessing any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm does not apply to or affect persons licensed under federal law to distribute at wholesale any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of distributing at wholesale those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the distribution, transportation, or demonstration of those devices, firearms, or ammunition to qualified end users. Defines "distributing at wholesale". Provides that the exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed wholesale distribution business. Provides that during transportation, these devices shall be detached from any weapon or not immediately accessible. Effective immediately. LRB104 12953 RLC 24512 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4031 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-2 720 ILCS 5/24-2 Amends the Criminal Code of 2012. Provides that the offense of unlawful possession of weapons in relation to knowingly possessing any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm does not apply to or affect persons licensed under federal law to distribute at wholesale any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of distributing at wholesale those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the distribution, transportation, or demonstration of those devices, firearms, or ammunition to qualified end users. Defines "distributing at wholesale". Provides that the exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed wholesale distribution business. Provides that during transportation, these devices shall be detached from any weapon or not immediately accessible. Effective immediately. LRB104 12953 RLC 24512 b LRB104 12953 RLC 24512 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4031 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/24-2 720 ILCS 5/24-2
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55 Amends the Criminal Code of 2012. Provides that the offense of unlawful possession of weapons in relation to knowingly possessing any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm does not apply to or affect persons licensed under federal law to distribute at wholesale any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of distributing at wholesale those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the distribution, transportation, or demonstration of those devices, firearms, or ammunition to qualified end users. Defines "distributing at wholesale". Provides that the exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed wholesale distribution business. Provides that during transportation, these devices shall be detached from any weapon or not immediately accessible. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 24-2 as follows:
1616 6 (720 ILCS 5/24-2)
1717 7 Sec. 24-2. Exemptions.
1818 8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1919 9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
2020 10 the following:
2121 11 (1) Peace officers, and any person summoned by a peace
2222 12 officer to assist in making arrests or preserving the
2323 13 peace, while actually engaged in assisting such officer.
2424 14 (2) Wardens, superintendents, and keepers of prisons,
2525 15 penitentiaries, jails, and other institutions for the
2626 16 detention of persons accused or convicted of an offense,
2727 17 while in the performance of their official duty, or while
2828 18 commuting between their homes and places of employment.
2929 19 (3) Members of the Armed Services or Reserve Forces of
3030 20 the United States or the Illinois National Guard or the
3131 21 Reserve Officers Training Corps, while in the performance
3232 22 of their official duty.
3333 23 (4) Special agents employed by a railroad or a public
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4031 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/24-2 720 ILCS 5/24-2
3939 720 ILCS 5/24-2
4040 Amends the Criminal Code of 2012. Provides that the offense of unlawful possession of weapons in relation to knowingly possessing any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm does not apply to or affect persons licensed under federal law to distribute at wholesale any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of distributing at wholesale those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the distribution, transportation, or demonstration of those devices, firearms, or ammunition to qualified end users. Defines "distributing at wholesale". Provides that the exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed wholesale distribution business. Provides that during transportation, these devices shall be detached from any weapon or not immediately accessible. Effective immediately.
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6868 1 utility to perform police functions, and guards of armored
6969 2 car companies, while actually engaged in the performance
7070 3 of the duties of their employment or commuting between
7171 4 their homes and places of employment; and watchmen while
7272 5 actually engaged in the performance of the duties of their
7373 6 employment.
7474 7 (5) Persons licensed as private security contractors,
7575 8 private detectives, or private alarm contractors, or
7676 9 employed by a private security contractor, private
7777 10 detective, or private alarm contractor agency licensed by
7878 11 the Department of Financial and Professional Regulation,
7979 12 if their duties include the carrying of a weapon under the
8080 13 provisions of the Private Detective, Private Alarm,
8181 14 Private Security, Fingerprint Vendor, and Locksmith Act of
8282 15 2004, while actually engaged in the performance of the
8383 16 duties of their employment or commuting between their
8484 17 homes and places of employment. A person shall be
8585 18 considered eligible for this exemption if he or she has
8686 19 completed the required 20 hours of training for a private
8787 20 security contractor, private detective, or private alarm
8888 21 contractor, or employee of a licensed private security
8989 22 contractor, private detective, or private alarm contractor
9090 23 agency and 28 hours of required firearm training, and has
9191 24 been issued a firearm control card by the Department of
9292 25 Financial and Professional Regulation. Conditions for the
9393 26 renewal of firearm control cards issued under the
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104104 1 provisions of this Section shall be the same as for those
105105 2 cards issued under the provisions of the Private
106106 3 Detective, Private Alarm, Private Security, Fingerprint
107107 4 Vendor, and Locksmith Act of 2004. The firearm control
108108 5 card shall be carried by the private security contractor,
109109 6 private detective, or private alarm contractor, or
110110 7 employee of the licensed private security contractor,
111111 8 private detective, or private alarm contractor agency at
112112 9 all times when he or she is in possession of a concealable
113113 10 weapon permitted by his or her firearm control card.
114114 11 (6) Any person regularly employed in a commercial or
115115 12 industrial operation as a security guard for the
116116 13 protection of persons employed and private property
117117 14 related to such commercial or industrial operation, while
118118 15 actually engaged in the performance of his or her duty or
119119 16 traveling between sites or properties belonging to the
120120 17 employer, and who, as a security guard, is a member of a
121121 18 security force registered with the Department of Financial
122122 19 and Professional Regulation; provided that such security
123123 20 guard has successfully completed a course of study,
124124 21 approved by and supervised by the Department of Financial
125125 22 and Professional Regulation, consisting of not less than
126126 23 48 hours of training that includes the theory of law
127127 24 enforcement, liability for acts, and the handling of
128128 25 weapons. A person shall be considered eligible for this
129129 26 exemption if he or she has completed the required 20 hours
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140140 1 of training for a security officer and 28 hours of
141141 2 required firearm training, and has been issued a firearm
142142 3 control card by the Department of Financial and
143143 4 Professional Regulation. Conditions for the renewal of
144144 5 firearm control cards issued under the provisions of this
145145 6 Section shall be the same as for those cards issued under
146146 7 the provisions of the Private Detective, Private Alarm,
147147 8 Private Security, Fingerprint Vendor, and Locksmith Act of
148148 9 2004. The firearm control card shall be carried by the
149149 10 security guard at all times when he or she is in possession
150150 11 of a concealable weapon permitted by his or her firearm
151151 12 control card.
152152 13 (7) Agents and investigators of the Illinois
153153 14 Legislative Investigating Commission authorized by the
154154 15 Commission to carry the weapons specified in subsections
155155 16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
156156 17 any investigation for the Commission.
157157 18 (8) Persons employed by a financial institution as a
158158 19 security guard for the protection of other employees and
159159 20 property related to such financial institution, while
160160 21 actually engaged in the performance of their duties,
161161 22 commuting between their homes and places of employment, or
162162 23 traveling between sites or properties owned or operated by
163163 24 such financial institution, and who, as a security guard,
164164 25 is a member of a security force registered with the
165165 26 Department; provided that any person so employed has
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176176 1 successfully completed a course of study, approved by and
177177 2 supervised by the Department of Financial and Professional
178178 3 Regulation, consisting of not less than 48 hours of
179179 4 training which includes theory of law enforcement,
180180 5 liability for acts, and the handling of weapons. A person
181181 6 shall be considered to be eligible for this exemption if
182182 7 he or she has completed the required 20 hours of training
183183 8 for a security officer and 28 hours of required firearm
184184 9 training, and has been issued a firearm control card by
185185 10 the Department of Financial and Professional Regulation.
186186 11 Conditions for renewal of firearm control cards issued
187187 12 under the provisions of this Section shall be the same as
188188 13 for those issued under the provisions of the Private
189189 14 Detective, Private Alarm, Private Security, Fingerprint
190190 15 Vendor, and Locksmith Act of 2004. The firearm control
191191 16 card shall be carried by the security guard at all times
192192 17 when he or she is in possession of a concealable weapon
193193 18 permitted by his or her firearm control card. For purposes
194194 19 of this subsection, "financial institution" means a bank,
195195 20 savings and loan association, credit union, or company
196196 21 providing armored car services.
197197 22 (9) Any person employed by an armored car company to
198198 23 drive an armored car, while actually engaged in the
199199 24 performance of his duties.
200200 25 (10) Persons who have been classified as peace
201201 26 officers pursuant to the Peace Officer Fire Investigation
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212212 1 Act.
213213 2 (11) Investigators of the Office of the State's
214214 3 Attorneys Appellate Prosecutor authorized by the board of
215215 4 governors of the Office of the State's Attorneys Appellate
216216 5 Prosecutor to carry weapons pursuant to Section 7.06 of
217217 6 the State's Attorneys Appellate Prosecutor's Act.
218218 7 (12) Special investigators appointed by a State's
219219 8 Attorney under Section 3-9005 of the Counties Code.
220220 9 (12.5) Probation officers while in the performance of
221221 10 their duties, or while commuting between their homes,
222222 11 places of employment or specific locations that are part
223223 12 of their assigned duties, with the consent of the chief
224224 13 judge of the circuit for which they are employed, if they
225225 14 have received weapons training according to requirements
226226 15 of the Peace Officer and Probation Officer Firearm
227227 16 Training Act.
228228 17 (13) Court security officers Security Officers while
229229 18 in the performance of their official duties, or while
230230 19 commuting between their homes and places of employment,
231231 20 with the consent of the sheriff Sheriff.
232232 21 (13.5) A person employed as an armed security guard at
233233 22 a nuclear energy, storage, weapons, or development site or
234234 23 facility regulated by the Nuclear Regulatory Commission
235235 24 who has completed the background screening and training
236236 25 mandated by the rules and regulations of the Nuclear
237237 26 Regulatory Commission.
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248248 1 (14) Manufacture, transportation, or sale of weapons
249249 2 to persons authorized under subdivisions (1) through
250250 3 (13.5) of this subsection to possess those weapons.
251251 4 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
252252 5 to or affect any person carrying a concealed pistol, revolver,
253253 6 or handgun and the person has been issued a currently valid
254254 7 license under the Firearm Concealed Carry Act at the time of
255255 8 the commission of the offense.
256256 9 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
257257 10 to or affect a qualified current or retired law enforcement
258258 11 officer or a current or retired deputy, county correctional
259259 12 officer, or correctional officer of the Department of
260260 13 Corrections qualified under the laws of this State or under
261261 14 the federal Law Enforcement Officers Safety Act.
262262 15 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
263263 16 24-1.6 do not apply to or affect any of the following:
264264 17 (1) Members of any club or organization organized for
265265 18 the purpose of practicing shooting at targets upon
266266 19 established target ranges, whether public or private, and
267267 20 patrons of such ranges, while such members or patrons are
268268 21 using their firearms on those target ranges.
269269 22 (2) Duly authorized military or civil organizations
270270 23 while parading, with the special permission of the
271271 24 Governor.
272272 25 (3) Hunters, trappers, or fishermen while engaged in
273273 26 lawful hunting, trapping, or fishing under the provisions
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284284 1 of the Wildlife Code or the Fish and Aquatic Life Code.
285285 2 (4) Transportation of weapons that are broken down in
286286 3 a non-functioning state or are not immediately accessible.
287287 4 (5) Carrying or possessing any pistol, revolver, stun
288288 5 gun or taser or other firearm on the land or in the legal
289289 6 dwelling of another person as an invitee with that
290290 7 person's permission.
291291 8 (c) Subsection 24-1(a)(7) does not apply to or affect any
292292 9 of the following:
293293 10 (1) Peace officers while in performance of their
294294 11 official duties.
295295 12 (2) Wardens, superintendents, and keepers of prisons,
296296 13 penitentiaries, jails, and other institutions for the
297297 14 detention of persons accused or convicted of an offense.
298298 15 (3) Members of the Armed Services or Reserve Forces of
299299 16 the United States or the Illinois National Guard, while in
300300 17 the performance of their official duty.
301301 18 (4) Manufacture, transportation, or sale of machine
302302 19 guns to persons authorized under subdivisions (1) through
303303 20 (3) of this subsection to possess machine guns, if the
304304 21 machine guns are broken down in a non-functioning state or
305305 22 are not immediately accessible.
306306 23 (5) Persons licensed under federal law to manufacture
307307 24 any weapon from which 8 or more shots or bullets can be
308308 25 discharged by a single function of the firing device, or
309309 26 ammunition for such weapons, and actually engaged in the
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320320 1 business of manufacturing such weapons or ammunition, but
321321 2 only with respect to activities which are within the
322322 3 lawful scope of such business, such as the manufacture,
323323 4 transportation, or testing of such weapons or ammunition.
324324 5 This exemption does not authorize the general private
325325 6 possession of any weapon from which 8 or more shots or
326326 7 bullets can be discharged by a single function of the
327327 8 firing device, but only such possession and activities as
328328 9 are within the lawful scope of a licensed manufacturing
329329 10 business described in this paragraph.
330330 11 During transportation, such weapons shall be broken
331331 12 down in a non-functioning state or not immediately
332332 13 accessible.
333333 14 (6) The manufacture, transport, testing, delivery,
334334 15 transfer, or sale, and all lawful commercial or
335335 16 experimental activities necessary thereto, of rifles,
336336 17 shotguns, and weapons made from rifles or shotguns, or
337337 18 ammunition for such rifles, shotguns, or weapons, where
338338 19 engaged in by a person operating as a contractor or
339339 20 subcontractor pursuant to a contract or subcontract for
340340 21 the development and supply of such rifles, shotguns,
341341 22 weapons, or ammunition to the United States government or
342342 23 any branch of the Armed Forces of the United States, when
343343 24 such activities are necessary and incident to fulfilling
344344 25 the terms of such contract.
345345 26 The exemption granted under this subdivision (c)(6)
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356356 1 shall also apply to any authorized agent of any such
357357 2 contractor or subcontractor who is operating within the
358358 3 scope of his employment, where such activities involving
359359 4 such weapon, weapons, or ammunition are necessary and
360360 5 incident to fulfilling the terms of such contract.
361361 6 (7) A person possessing a rifle with a barrel or
362362 7 barrels less than 16 inches in length if: (A) the person
363363 8 has been issued a Curios and Relics license from the U.S.
364364 9 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
365365 10 (B) the person is an active member of a bona fide,
366366 11 nationally recognized military re-enacting group and the
367367 12 modification is required and necessary to accurately
368368 13 portray the weapon for historical re-enactment purposes;
369369 14 the re-enactor is in possession of a valid and current
370370 15 re-enacting group membership credential; and the overall
371371 16 length of the weapon as modified is not less than 26
372372 17 inches.
373373 18 (d) Subsection 24-1(a)(1) does not apply to the purchase,
374374 19 possession or carrying of a black-jack or slung-shot by a
375375 20 peace officer.
376376 21 (e) Subsection 24-1(a)(8) does not apply to any owner,
377377 22 manager, or authorized employee of any place specified in that
378378 23 subsection nor to any law enforcement officer.
379379 24 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
380380 25 Section 24-1.6 do not apply to members of any club or
381381 26 organization organized for the purpose of practicing shooting
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392392 1 at targets upon established target ranges, whether public or
393393 2 private, while using their firearms on those target ranges.
394394 3 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
395395 4 to:
396396 5 (1) Members of the Armed Services or Reserve Forces of
397397 6 the United States or the Illinois National Guard, while in
398398 7 the performance of their official duty.
399399 8 (2) Bonafide collectors of antique or surplus military
400400 9 ordnance.
401401 10 (3) Laboratories having a department of forensic
402402 11 ballistics, or specializing in the development of
403403 12 ammunition or explosive ordnance.
404404 13 (4) Commerce, preparation, assembly, or possession of
405405 14 explosive bullets by manufacturers of ammunition licensed
406406 15 by the federal government, in connection with the supply
407407 16 of those organizations and persons exempted by subdivision
408408 17 (g)(1) of this Section, or like organizations and persons
409409 18 outside this State, or the transportation of explosive
410410 19 bullets to any organization or person exempted in this
411411 20 Section by a common carrier or by a vehicle owned or leased
412412 21 by an exempted manufacturer.
413413 22 (g-5) Subsection 24-1(a)(6) does not apply to or affect
414414 23 persons licensed under federal law to manufacture any device
415415 24 or attachment of any kind designed, used, or intended for use
416416 25 in silencing the report of any firearm, firearms, or
417417 26 ammunition for those firearms equipped with those devices, and
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428428 1 actually engaged in the business of manufacturing those
429429 2 devices, firearms, or ammunition, but only with respect to
430430 3 activities that are within the lawful scope of that business,
431431 4 such as the manufacture, transportation, or testing of those
432432 5 devices, firearms, or ammunition. This exemption does not
433433 6 authorize the general private possession of any device or
434434 7 attachment of any kind designed, used, or intended for use in
435435 8 silencing the report of any firearm, but only such possession
436436 9 and activities as are within the lawful scope of a licensed
437437 10 manufacturing business described in this subsection (g-5).
438438 11 During transportation, these devices shall be detached from
439439 12 any weapon or not immediately accessible.
440440 13 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
441441 14 24-1.6 do not apply to or affect any parole agent or parole
442442 15 supervisor who meets the qualifications and conditions
443443 16 prescribed in Section 3-14-1.5 of the Unified Code of
444444 17 Corrections.
445445 18 (g-7) Subsection 24-1(a)(6) does not apply to a peace
446446 19 officer while serving as a member of a tactical response team
447447 20 or special operations team. A peace officer may not personally
448448 21 own or apply for ownership of a device or attachment of any
449449 22 kind designed, used, or intended for use in silencing the
450450 23 report of any firearm. These devices shall be owned and
451451 24 maintained by lawfully recognized units of government whose
452452 25 duties include the investigation of criminal acts.
453453 26 (g-10) (Blank).
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464464 1 (g-11) Subsection 24-1(a)(6) does not apply to or affect
465465 2 persons licensed under federal law to distribute at wholesale
466466 3 any device or attachment of any kind designed, used, or
467467 4 intended for use in silencing the report of any firearm,
468468 5 firearms, or ammunition for those firearms equipped with those
469469 6 devices, and actually engaged in the business of distributing
470470 7 at wholesale those devices, firearms, or ammunition, but only
471471 8 with respect to activities that are within the lawful scope of
472472 9 that business, such as the distribution, transportation, or
473473 10 demonstration of those devices, firearms, or ammunition to
474474 11 qualified end users. In this subsection (g-11), "distributing
475475 12 at wholesale" means that 90% or more of the revenue of the
476476 13 business under the federal license held is derived from sales
477477 14 to other federal licensees, governmental end users, and
478478 15 federally approved export end users. This exemption does not
479479 16 authorize the general private possession of any device or
480480 17 attachment of any kind designed, used, or intended for use in
481481 18 silencing the report of any firearm, but only such possession
482482 19 and activities as are within the lawful scope of a licensed
483483 20 wholesale distribution business described in this subsection
484484 21 (g-11). During transportation, these devices shall be detached
485485 22 from any weapon or not immediately accessible.
486486 23 (h) An information or indictment based upon a violation of
487487 24 any subsection of this Article need not negate negative any
488488 25 exemptions contained in this Article. The defendant shall have
489489 26 the burden of proving such an exemption.
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498498 HB4031- 14 -LRB104 12953 RLC 24512 b HB4031 - 14 - LRB104 12953 RLC 24512 b
499499 HB4031 - 14 - LRB104 12953 RLC 24512 b
500500 1 (i) Nothing in this Article shall prohibit, apply to, or
501501 2 affect the transportation, carrying, or possession, of any
502502 3 pistol or revolver, stun gun, taser, or other firearm
503503 4 consigned to a common carrier operating under license of the
504504 5 State of Illinois or the federal government, where such
505505 6 transportation, carrying, or possession is incident to the
506506 7 lawful transportation in which such common carrier is engaged;
507507 8 and nothing in this Article shall prohibit, apply to, or
508508 9 affect the transportation, carrying, or possession of any
509509 10 pistol, revolver, stun gun, taser, or other firearm, not the
510510 11 subject of and regulated by subsection 24-1(a)(7) or
511511 12 subsection 24-2(c) of this Article, which is unloaded and
512512 13 enclosed in a case, firearm carrying box, shipping box, or
513513 14 other container, by the possessor of a valid Firearm Owners
514514 15 Identification Card.
515515 16 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
516516 17 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised
517517 18 7-22-24.)
518518 19 Section 99. Effective date. This Act takes effect upon
519519 20 becoming law.
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525525 HB4031 - 14 - LRB104 12953 RLC 24512 b