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| |  |  | HB4667 Enrolled |  | LRB102 24195 AMQ 33423 b | 
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| 1 |  |  AN ACT concerning regulation.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Criminal Code of 2012 is amended by  | 
| 5 |  | changing Section 24-2 as follows:
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| 6 |  |  (720 ILCS 5/24-2)
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| 7 |  |  Sec. 24-2. Exemptions. 
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| 8 |  |  (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and  | 
| 9 |  | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of  | 
| 10 |  | the following:
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| 11 |  |   (1) Peace officers, and any person summoned by a peace  | 
| 12 |  | officer to
assist in making arrests or preserving the  | 
| 13 |  | peace, while actually engaged in
assisting such officer.
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| 14 |  |   (2) Wardens, superintendents and keepers of prisons,
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| 15 |  | penitentiaries, jails and other institutions for the  | 
| 16 |  | detention of persons
accused or convicted of an offense,  | 
| 17 |  | while in the performance of their
official duty, or while  | 
| 18 |  | commuting between their homes and places of employment.
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| 19 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 20 |  | the United States
or the Illinois National Guard or the  | 
| 21 |  | Reserve Officers Training Corps,
while in the performance  | 
| 22 |  | of their official duty.
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| 23 |  |   (4) Special agents employed by a railroad or a public  | 
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| 1 |  | utility to
perform police functions, and guards of armored  | 
| 2 |  | car companies, while
actually engaged in the performance  | 
| 3 |  | of the duties of their employment or
commuting between  | 
| 4 |  | their homes and places of employment; and watchmen
while  | 
| 5 |  | actually engaged in the performance of the duties of their  | 
| 6 |  | employment.
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| 7 |  |   (5) Persons licensed as private security contractors,  | 
| 8 |  | private
detectives, or private alarm contractors, or  | 
| 9 |  | employed by a private security contractor, private  | 
| 10 |  | detective, or private alarm contractor agency licensed
by  | 
| 11 |  | the Department of Financial and Professional Regulation,  | 
| 12 |  | if their duties
include the carrying of a weapon under the  | 
| 13 |  | provisions of the Private
Detective, Private Alarm,
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| 14 |  | Private Security, Fingerprint Vendor, and Locksmith Act of  | 
| 15 |  | 2004,
while actually
engaged in the performance of the  | 
| 16 |  | duties of their employment or commuting
between their  | 
| 17 |  | homes and places of employment. A person shall be  | 
| 18 |  | considered eligible for this
exemption if he or she has  | 
| 19 |  | completed the required 20
hours of training for a private  | 
| 20 |  | security contractor, private
detective, or private alarm  | 
| 21 |  | contractor, or employee of a licensed private security  | 
| 22 |  | contractor, private detective, or private alarm contractor  | 
| 23 |  | agency and 28 hours of required firearm
training, and has  | 
| 24 |  | been issued a firearm control card by
the Department of  | 
| 25 |  | Financial and Professional Regulation. Conditions for the  | 
| 26 |  | renewal of
firearm control cards issued under the  | 
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| 1 |  | provisions of this Section
shall be the same as for those  | 
| 2 |  | cards issued under the provisions of the
Private  | 
| 3 |  | Detective, Private Alarm,
Private Security, Fingerprint  | 
| 4 |  | Vendor, and Locksmith Act of 2004. The
firearm control  | 
| 5 |  | card shall be carried by the private security contractor,  | 
| 6 |  | private
detective, or private alarm contractor, or  | 
| 7 |  | employee of the licensed private security contractor,  | 
| 8 |  | private detective, or private alarm contractor agency at  | 
| 9 |  | all
times when he or she is in possession of a concealable  | 
| 10 |  | weapon permitted by his or her firearm control card.
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| 11 |  |   (6) Any person regularly employed in a commercial or  | 
| 12 |  | industrial
operation as a security guard for the  | 
| 13 |  | protection of persons employed
and private property  | 
| 14 |  | related to such commercial or industrial
operation, while  | 
| 15 |  | actually engaged in the performance of his or her
duty or  | 
| 16 |  | traveling between sites or properties belonging to the
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| 17 |  | employer, and who, as a security guard, is a member of a  | 
| 18 |  | security force registered with the Department of Financial  | 
| 19 |  | and Professional
Regulation; provided that such security  | 
| 20 |  | guard has successfully completed a
course of study,  | 
| 21 |  | approved by and supervised by the Department of
Financial  | 
| 22 |  | and Professional Regulation, consisting of not less than  | 
| 23 |  | 48 hours of training
that includes the theory of law  | 
| 24 |  | enforcement, liability for acts, and the
handling of  | 
| 25 |  | weapons. A person shall be considered eligible for this
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| 26 |  | exemption if he or she has completed the required 20
hours  | 
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| 1 |  | of training for a security officer and 28 hours of  | 
| 2 |  | required firearm
training, and has been issued a firearm  | 
| 3 |  | control card by
the Department of Financial and  | 
| 4 |  | Professional Regulation. Conditions for the renewal of
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| 5 |  | firearm control cards issued under the provisions of this  | 
| 6 |  | Section
shall be the same as for those cards issued under  | 
| 7 |  | the provisions of the
Private Detective, Private Alarm,
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| 8 |  | Private Security, Fingerprint Vendor, and Locksmith Act of  | 
| 9 |  | 2004. The
firearm control card shall be carried by the  | 
| 10 |  | security guard at all
times when he or she is in possession  | 
| 11 |  | of a concealable weapon permitted by his or her firearm  | 
| 12 |  | control card.
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| 13 |  |   (7) Agents and investigators of the Illinois  | 
| 14 |  | Legislative Investigating
Commission authorized by the  | 
| 15 |  | Commission to carry the weapons specified in
subsections  | 
| 16 |  | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| 17 |  | any investigation for the Commission.
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| 18 |  |   (8) Persons employed by a financial institution as a  | 
| 19 |  | security guard for the protection of
other employees and  | 
| 20 |  | property related to such financial institution, while
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| 21 |  | actually engaged in the performance of their duties,  | 
| 22 |  | commuting between
their homes and places of employment, or  | 
| 23 |  | traveling between sites or
properties owned or operated by  | 
| 24 |  | such financial institution, and who, as a security guard,  | 
| 25 |  | is a member of a security force registered with the  | 
| 26 |  | Department; provided that
any person so employed has  | 
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| 1 |  | successfully completed a course of study,
approved by and  | 
| 2 |  | supervised by the Department of Financial and Professional  | 
| 3 |  | Regulation,
consisting of not less than 48 hours of  | 
| 4 |  | training which includes theory of
law enforcement,  | 
| 5 |  | liability for acts, and the handling of weapons.
A person  | 
| 6 |  | shall be considered to be eligible for this exemption if  | 
| 7 |  | he or
she has completed the required 20 hours of training  | 
| 8 |  | for a security officer
and 28 hours of required firearm  | 
| 9 |  | training, and has been issued a
firearm control card by  | 
| 10 |  | the Department of Financial and Professional Regulation.
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| 11 |  | Conditions for renewal of firearm control cards issued  | 
| 12 |  | under the
provisions of this Section shall be the same as  | 
| 13 |  | for those issued under the
provisions of the Private  | 
| 14 |  | Detective, Private Alarm,
Private Security, Fingerprint  | 
| 15 |  | Vendor, and Locksmith Act of 2004. The
firearm control  | 
| 16 |  | card shall be carried by the security guard at all times  | 
| 17 |  | when he or she is in possession of a concealable
weapon  | 
| 18 |  | permitted by his or her firearm control card. For purposes  | 
| 19 |  | of this subsection, "financial institution" means a
bank,  | 
| 20 |  | savings and loan association, credit union or company  | 
| 21 |  | providing
armored car services.
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| 22 |  |   (9) Any person employed by an armored car company to  | 
| 23 |  | drive an armored
car, while actually engaged in the  | 
| 24 |  | performance of his duties.
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| 25 |  |   (10) Persons who have been classified as peace  | 
| 26 |  | officers pursuant
to the Peace Officer Fire Investigation  | 
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| 1 |  | Act.
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| 2 |  |   (11) Investigators of the Office of the State's  | 
| 3 |  | Attorneys Appellate
Prosecutor authorized by the board of  | 
| 4 |  | governors of the Office of the
State's Attorneys Appellate  | 
| 5 |  | Prosecutor to carry weapons pursuant to
Section 7.06 of  | 
| 6 |  | the State's Attorneys Appellate Prosecutor's Act.
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| 7 |  |   (12) Special investigators appointed by a State's  | 
| 8 |  | Attorney under
Section 3-9005 of the Counties Code.
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| 9 |  |   (12.5) Probation officers while in the performance of  | 
| 10 |  | their duties, or
while commuting between their homes,  | 
| 11 |  | places of employment or specific locations
that are part  | 
| 12 |  | of their assigned duties, with the consent of the chief  | 
| 13 |  | judge of
the circuit for which they are employed, if they  | 
| 14 |  | have received weapons training according
to requirements  | 
| 15 |  | of the Peace Officer and Probation Officer Firearm  | 
| 16 |  | Training Act.
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| 17 |  |   (13) Court Security Officers while in the performance  | 
| 18 |  | of their official
duties, or while commuting between their  | 
| 19 |  | homes and places of employment, with
the
consent of the  | 
| 20 |  | Sheriff.
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| 21 |  |   (13.5) A person employed as an armed security guard at  | 
| 22 |  | a nuclear energy,
storage, weapons or development site or  | 
| 23 |  | facility regulated by the Nuclear
Regulatory Commission  | 
| 24 |  | who has completed the background screening and training
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| 25 |  | mandated by the rules and regulations of the Nuclear  | 
| 26 |  | Regulatory Commission.
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| 1 |  |   (14) Manufacture, transportation, or sale of weapons  | 
| 2 |  | to
persons
authorized under subdivisions (1) through  | 
| 3 |  | (13.5) of this
subsection
to
possess those weapons.
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| 4 |  |  (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply  | 
| 5 |  | to
or affect any person carrying a concealed pistol, revolver,  | 
| 6 |  | or handgun and the person has been issued a currently valid  | 
| 7 |  | license under the Firearm Concealed Carry Act at the time of  | 
| 8 |  | the commission of the offense. | 
| 9 |  |   (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply  | 
| 10 |  | to
or affect a qualified current or retired law enforcement  | 
| 11 |  | officer or a current or retired deputy, county correctional  | 
| 12 |  | officer, or correctional officer of the Department of  | 
| 13 |  | Corrections qualified under the laws of this State or under  | 
| 14 |  | the federal Law Enforcement Officers Safety Act.  | 
| 15 |  |  (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section  | 
| 16 |  | 24-1.6 do not
apply to or affect
any of the following:
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| 17 |  |   (1) Members of any club or organization organized for  | 
| 18 |  | the purpose of
practicing shooting at targets upon  | 
| 19 |  | established target ranges, whether
public or private, and  | 
| 20 |  | patrons of such ranges, while such members
or patrons are  | 
| 21 |  | using their firearms on those target ranges.
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| 22 |  |   (2) Duly authorized military or civil organizations  | 
| 23 |  | while parading,
with the special permission of the  | 
| 24 |  | Governor.
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| 25 |  |   (3) Hunters, trappers or fishermen with a license or
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| 26 |  | permit while engaged in hunting,
trapping or fishing.
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| 1 |  |   (4) Transportation of weapons that are broken down in  | 
| 2 |  | a
non-functioning state or are not immediately accessible.
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| 3 |  |   (5) Carrying or possessing any pistol, revolver, stun  | 
| 4 |  | gun or taser or other firearm on the land or in the legal  | 
| 5 |  | dwelling of another person as an invitee with that  | 
| 6 |  | person's permission.  | 
| 7 |  |  (c) Subsection 24-1(a)(7) does not apply to or affect any  | 
| 8 |  | of the
following:
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| 9 |  |   (1) Peace officers while in performance of their  | 
| 10 |  | official duties.
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| 11 |  |   (2) Wardens, superintendents and keepers of prisons,  | 
| 12 |  | penitentiaries,
jails and other institutions for the  | 
| 13 |  | detention of persons accused or
convicted of an offense.
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| 14 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 15 |  | the United States
or the Illinois National Guard, while in  | 
| 16 |  | the performance of their official
duty.
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| 17 |  |   (4) Manufacture, transportation, or sale of machine  | 
| 18 |  | guns to persons
authorized under subdivisions (1) through  | 
| 19 |  | (3) of this subsection to
possess machine guns, if the  | 
| 20 |  | machine guns are broken down in a
non-functioning state or  | 
| 21 |  | are not immediately accessible.
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| 22 |  |   (5) Persons licensed under federal law to manufacture  | 
| 23 |  | any weapon from
which 8 or more shots or bullets can be  | 
| 24 |  | discharged by a
single function of the firing device, or  | 
| 25 |  | ammunition for such weapons, and
actually engaged in the  | 
| 26 |  | business of manufacturing such weapons or
ammunition, but  | 
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| 1 |  | only with respect to activities which are within the  | 
| 2 |  | lawful
scope of such business, such as the manufacture,  | 
| 3 |  | transportation, or testing
of such weapons or ammunition.  | 
| 4 |  | This exemption does not authorize the
general private  | 
| 5 |  | possession of any weapon from which 8 or more
shots or  | 
| 6 |  | bullets can be discharged by a single function of the  | 
| 7 |  | firing
device, but only such possession and activities as  | 
| 8 |  | are within the lawful
scope of a licensed manufacturing  | 
| 9 |  | business described in this paragraph.
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| 10 |  |   During transportation, such weapons shall be broken  | 
| 11 |  | down in a
non-functioning state or not immediately  | 
| 12 |  | accessible.
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| 13 |  |   (6) The manufacture, transport, testing, delivery,  | 
| 14 |  | transfer or sale,
and all lawful commercial or  | 
| 15 |  | experimental activities necessary thereto, of
rifles,  | 
| 16 |  | shotguns, and weapons made from rifles or shotguns,
or  | 
| 17 |  | ammunition for such rifles, shotguns or weapons, where  | 
| 18 |  | engaged in
by a person operating as a contractor or  | 
| 19 |  | subcontractor pursuant to a
contract or subcontract for  | 
| 20 |  | the development and supply of such rifles,
shotguns,  | 
| 21 |  | weapons or ammunition to the United States government or  | 
| 22 |  | any
branch of the Armed Forces of the United States, when  | 
| 23 |  | such activities are
necessary and incident to fulfilling  | 
| 24 |  | the terms of such contract.
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| 25 |  |   The exemption granted under this subdivision (c)(6)
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| 26 |  | shall also apply to any authorized agent of any such  | 
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| 1 |  | contractor or
subcontractor who is operating within the  | 
| 2 |  | scope of his employment, where
such activities involving  | 
| 3 |  | such weapon, weapons or ammunition are necessary
and  | 
| 4 |  | incident to fulfilling the terms of such contract.
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| 5 |  |   (7) A person possessing a rifle with a barrel or  | 
| 6 |  | barrels less than 16 inches in length if: (A) the person  | 
| 7 |  | has been issued a Curios and Relics license from the U.S.  | 
| 8 |  | Bureau of Alcohol, Tobacco, Firearms and Explosives; or  | 
| 9 |  | (B) the person is an active member of a bona fide,  | 
| 10 |  | nationally recognized military re-enacting group and the  | 
| 11 |  | modification is required and necessary to accurately  | 
| 12 |  | portray the weapon for historical re-enactment purposes;  | 
| 13 |  | the re-enactor is in possession of a valid and current  | 
| 14 |  | re-enacting group membership credential; and the overall  | 
| 15 |  | length of the weapon as modified is not less than 26  | 
| 16 |  | inches. | 
| 17 |  |  (d) Subsection 24-1(a)(1) does not apply to the purchase,  | 
| 18 |  | possession
or carrying of a black-jack or slung-shot by a  | 
| 19 |  | peace officer.
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| 20 |  |  (e) Subsection 24-1(a)(8) does not apply to any owner,  | 
| 21 |  | manager or
authorized employee of any place specified in that  | 
| 22 |  | subsection nor to any
law enforcement officer.
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| 23 |  |  (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and  | 
| 24 |  | Section 24-1.6
do not apply
to members of any club or  | 
| 25 |  | organization organized for the purpose of practicing
shooting  | 
| 26 |  | at targets upon established target ranges, whether public or  | 
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| 1 |  | private,
while using their firearms on those target ranges.
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| 2 |  |  (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply  | 
| 3 |  | to:
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| 4 |  |   (1) Members of the Armed Services or Reserve Forces of  | 
| 5 |  | the United
States or the Illinois National Guard, while in  | 
| 6 |  | the performance of their
official duty.
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| 7 |  |   (2) Bonafide collectors of antique or surplus military  | 
| 8 |  | ordnance.
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| 9 |  |   (3) Laboratories having a department of forensic  | 
| 10 |  | ballistics, or
specializing in the development of  | 
| 11 |  | ammunition or explosive ordnance.
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| 12 |  |   (4) Commerce, preparation, assembly or possession of  | 
| 13 |  | explosive
bullets by manufacturers of ammunition licensed  | 
| 14 |  | by the federal government,
in connection with the supply  | 
| 15 |  | of those organizations and persons exempted
by subdivision  | 
| 16 |  | (g)(1) of this Section, or like organizations and persons
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| 17 |  | outside this State, or the transportation of explosive  | 
| 18 |  | bullets to any
organization or person exempted in this  | 
| 19 |  | Section by a common carrier or by a
vehicle owned or leased  | 
| 20 |  | by an exempted manufacturer.
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| 21 |  |  (g-5) Subsection 24-1(a)(6) does not apply to or affect  | 
| 22 |  | persons licensed
under federal law to manufacture any device  | 
| 23 |  | or attachment of any kind designed,
used, or intended for use  | 
| 24 |  | in silencing the report of any firearm, firearms, or
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| 25 |  | ammunition
for those firearms equipped with those devices, and  | 
| 26 |  | actually engaged in the
business of manufacturing those  | 
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| 1 |  | devices, firearms, or ammunition, but only with
respect to
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| 2 |  | activities that are within the lawful scope of that business,  | 
| 3 |  | such as the
manufacture, transportation, or testing of those  | 
| 4 |  | devices, firearms, or
ammunition. This
exemption does not  | 
| 5 |  | authorize the general private possession of any device or
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| 6 |  | attachment of any kind designed, used, or intended for use in  | 
| 7 |  | silencing the
report of any firearm, but only such possession  | 
| 8 |  | and activities as are within
the
lawful scope of a licensed  | 
| 9 |  | manufacturing business described in this subsection
(g-5).  | 
| 10 |  | During transportation, these devices shall be detached from  | 
| 11 |  | any weapon
or
not immediately accessible.
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| 12 |  |  (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 13 |  | 24-1.6 do not apply to
or affect any parole agent or parole  | 
| 14 |  | supervisor who meets the qualifications and conditions  | 
| 15 |  | prescribed in Section 3-14-1.5 of the Unified Code of  | 
| 16 |  | Corrections.  | 
| 17 |  |  (g-7) Subsection 24-1(a)(6) does not apply to a peace  | 
| 18 |  | officer while serving as a member of a tactical response team  | 
| 19 |  | or special operations team. A peace officer may not personally  | 
| 20 |  | own or apply for ownership of a device or attachment of any  | 
| 21 |  | kind designed, used, or intended for use in silencing the  | 
| 22 |  | report of any firearm. These devices shall be owned and  | 
| 23 |  | maintained by lawfully recognized units of government whose  | 
| 24 |  | duties include the investigation of criminal acts. | 
| 25 |  |  (g-10) (Blank).  | 
| 26 |  |  (h) An information or indictment based upon a violation of  | 
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| 1 |  | any
subsection of this Article need not negative any  | 
| 2 |  | exemptions contained in
this Article. The defendant shall have  | 
| 3 |  | the burden of proving such an
exemption.
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| 4 |  |  (i) Nothing in this Article shall prohibit, apply to, or  | 
| 5 |  | affect
the transportation, carrying, or possession, of any  | 
| 6 |  | pistol or revolver,
stun gun, taser, or other firearm  | 
| 7 |  | consigned to a common carrier operating
under license of the  | 
| 8 |  | State of Illinois or the federal government, where
such  | 
| 9 |  | transportation, carrying, or possession is incident to the  | 
| 10 |  | lawful
transportation in which such common carrier is engaged;  | 
| 11 |  | and nothing in this
Article shall prohibit, apply to, or  | 
| 12 |  | affect the transportation, carrying,
or possession of any  | 
| 13 |  | pistol, revolver, stun gun, taser, or other firearm,
not the  | 
| 14 |  | subject of and regulated by subsection 24-1(a)(7) or  | 
| 15 |  | subsection
24-2(c) of this Article, which is unloaded and  | 
| 16 |  | enclosed in a case, firearm
carrying box, shipping box, or  | 
| 17 |  | other container, by the possessor of a valid
Firearm Owners  | 
| 18 |  | Identification Card.
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| 19 |  | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.) | 
| 20 |  |  Section 10. The Unified Code of Corrections is amended by  | 
| 21 |  | adding Section 3-2-14 as follows: | 
| 22 |  |  (730 ILCS 5/3-2-14 new) | 
| 23 |  |  Sec. 3-2-14. Correctional officers of the Department of  | 
| 24 |  | Corrections; coverage under the federal Law Enforcement  | 
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| 1 |  | Officers Safety Act of 2004. Correctional officers of the  | 
| 2 |  | Department of Corrections shall be deemed to be qualified law  | 
| 3 |  | enforcement officers or, for retired correctional officers of  | 
| 4 |  | the Department of Corrections, shall be deemed qualified  | 
| 5 |  | retired or separated law enforcement officers in Illinois for  | 
| 6 |  | purposes of coverage under the federal Law Enforcement  | 
| 7 |  | Officers Safety Act of 2004 and shall have all rights and  | 
| 8 |  | privileges granted by that Act if the correctional officer or  | 
| 9 |  | retired correctional officer is otherwise compliant with the  | 
| 10 |  | applicable laws of this State governing the implementation and  | 
| 11 |  | administration of the federal Law Enforcement Officers Safety  | 
| 12 |  | Act of 2004 in the State of Illinois.  | 
| 13 |  |  Section 15. The County Jail Act is amended by adding  | 
| 14 |  | Section 26.1 as follows: | 
| 15 |  |  (730 ILCS 125/26.1 new) | 
| 16 |  |  Sec. 26.1. Deputies and county correctional officers;  | 
| 17 |  | coverage under the federal Law Enforcement Officers Safety Act  | 
| 18 |  | of 2004. Deputies and county correctional officers shall be  | 
| 19 |  | deemed to be qualified law enforcement officers or, if  | 
| 20 |  | retired, shall be deemed qualified retired or separated law  | 
| 21 |  | enforcement officers in Illinois for purposes of coverage  | 
| 22 |  | under the federal Law Enforcement Officers Safety Act of 2004  | 
| 23 |  | and shall have all rights and privileges granted by that Act if  | 
| 24 |  | the deputy or county correctional officer or retired deputy or  |