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.


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A BILL FOR
 
HB4031LRB104 12953 RLC 24512 b


1    AN ACT concerning criminal law.

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

4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-2 as follows:

6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions. 
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
10the following:
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.
14        (2) Wardens, superintendents, and keepers of prisons, 
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.
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.
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.
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, 
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.
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 
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 
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 
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, 
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.
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 
17 any investigation for the Commission.
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 
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. 
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.
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.
25        (10) Persons who have been classified as peace 
26 officers pursuant to the Peace Officer Fire Investigation 
 
 
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1 Act.
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.
7        (12) Special investigators appointed by a State's 
8 Attorney under Section 3-9005 of the Counties Code.
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.
17        (13) Court security officers Security Officers while 
18 in the performance of their official duties, or while 
19 commuting between their homes and places of employment, 
20 with the consent of the sheriff Sheriff.
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 
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.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
5to or affect any person carrying a concealed pistol, revolver, 
6or handgun and the person has been issued a currently valid 
7license under the Firearm Concealed Carry Act at the time of 
8the commission of the offense.
9    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
10to or affect a qualified current or retired law enforcement 
11officer or a current or retired deputy, county correctional 
12officer, or correctional officer of the Department of 
13Corrections qualified under the laws of this State or under 
14the federal Law Enforcement Officers Safety Act. 
15    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1624-1.6 do not apply to or affect any of the following:
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.
22        (2) Duly authorized military or civil organizations 
23 while parading, with the special permission of the 
24 Governor.
25        (3) Hunters, trappers, or fishermen while engaged in 
26 lawful hunting, trapping, or fishing under the provisions 
 
 
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1 of the Wildlife Code or the Fish and Aquatic Life Code.
2        (4) Transportation of weapons that are broken down in 
3 a non-functioning state or are not immediately accessible.
4        (5) Carrying or possessing any pistol, revolver, stun 
5 gun or taser or other firearm on the land or in the legal 
6 dwelling of another person as an invitee with that 
7 person's permission. 
8    (c) Subsection 24-1(a)(7) does not apply to or affect any 
9of the following:
10        (1) Peace officers while in performance of their 
11 official duties.
12        (2) Wardens, superintendents, and keepers of prisons, 
13 penitentiaries, jails, and other institutions for the 
14 detention of persons accused or convicted of an offense.
15        (3) Members of the Armed Services or Reserve Forces of 
16 the United States or the Illinois National Guard, while in 
17 the performance of their official duty.
18        (4) Manufacture, transportation, or sale of machine 
19 guns to persons authorized under subdivisions (1) through 
20 (3) of this subsection to possess machine guns, if the 
21 machine guns are broken down in a non-functioning state or 
22 are not immediately accessible.
23        (5) Persons licensed under federal law to manufacture 
24 any weapon from which 8 or more shots or bullets can be 
25 discharged by a single function of the firing device, or 
26 ammunition for such weapons, and actually engaged in the 
 
 
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1 business of manufacturing such weapons or ammunition, but 
2 only with respect to activities which are within the 
3 lawful scope of such business, such as the manufacture, 
4 transportation, or testing of such weapons or ammunition. 
5 This exemption does not authorize the general private 
6 possession of any weapon from which 8 or more shots or 
7 bullets can be discharged by a single function of the 
8 firing device, but only such possession and activities as 
9 are within the lawful scope of a licensed manufacturing 
10 business described in this paragraph.
11        During transportation, such weapons shall be broken 
12 down in a non-functioning state or not immediately 
13 accessible.
14        (6) The manufacture, transport, testing, delivery, 
15 transfer, or sale, and all lawful commercial or 
16 experimental activities necessary thereto, of rifles, 
17 shotguns, and weapons made from rifles or shotguns, or 
18 ammunition for such rifles, shotguns, or weapons, where 
19 engaged in by a person operating as a contractor or 
20 subcontractor pursuant to a contract or subcontract for 
21 the development and supply of such rifles, shotguns, 
22 weapons, or ammunition to the United States government or 
23 any branch of the Armed Forces of the United States, when 
24 such activities are necessary and incident to fulfilling 
25 the terms of such contract.
26        The exemption granted under this subdivision (c)(6) 
 
 
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1 shall also apply to any authorized agent of any such 
2 contractor or subcontractor who is operating within the 
3 scope of his employment, where such activities involving 
4 such weapon, weapons, or ammunition are necessary and 
5 incident to fulfilling the terms of such contract.
6        (7) A person possessing a rifle with a barrel or 
7 barrels less than 16 inches in length if: (A) the person 
8 has been issued a Curios and Relics license from the U.S. 
9 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
10 (B) the person is an active member of a bona fide, 
11 nationally recognized military re-enacting group and the 
12 modification is required and necessary to accurately 
13 portray the weapon for historical re-enactment purposes; 
14 the re-enactor is in possession of a valid and current 
15 re-enacting group membership credential; and the overall 
16 length of the weapon as modified is not less than 26 
17 inches.
18    (d) Subsection 24-1(a)(1) does not apply to the purchase, 
19possession or carrying of a black-jack or slung-shot by a 
20peace officer.
21    (e) Subsection 24-1(a)(8) does not apply to any owner, 
22manager, or authorized employee of any place specified in that 
23subsection nor to any law enforcement officer.
24    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
25Section 24-1.6 do not apply to members of any club or 
26organization organized for the purpose of practicing shooting 
 
 
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1at targets upon established target ranges, whether public or 
2private, while using their firearms on those target ranges.
3    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
4to:
5        (1) Members of the Armed Services or Reserve Forces of 
6 the United States or the Illinois National Guard, while in 
7 the performance of their official duty.
8        (2) Bonafide collectors of antique or surplus military 
9 ordnance.
10        (3) Laboratories having a department of forensic 
11 ballistics, or specializing in the development of 
12 ammunition or explosive ordnance.
13        (4) Commerce, preparation, assembly, or possession of 
14 explosive bullets by manufacturers of ammunition licensed 
15 by the federal government, in connection with the supply 
16 of those organizations and persons exempted by subdivision 
17 (g)(1) of this Section, or like organizations and persons 
18 outside this State, or the transportation of explosive 
19 bullets to any organization or person exempted in this 
20 Section by a common carrier or by a vehicle owned or leased 
21 by an exempted manufacturer.
22    (g-5) Subsection 24-1(a)(6) does not apply to or affect 
23persons licensed under federal law to manufacture any device 
24or attachment of any kind designed, used, or intended for use 
25in silencing the report of any firearm, firearms, or 
26ammunition for those firearms equipped with those devices, and 
 
 
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1actually engaged in the business of manufacturing those 
2devices, firearms, or ammunition, but only with respect to 
3activities that are within the lawful scope of that business, 
4such as the manufacture, transportation, or testing of those 
5devices, firearms, or ammunition. This exemption does not 
6authorize the general private possession of any device or 
7attachment of any kind designed, used, or intended for use in 
8silencing the report of any firearm, but only such possession 
9and activities as are within the lawful scope of a licensed 
10manufacturing business described in this subsection (g-5). 
11During transportation, these devices shall be detached from 
12any weapon or not immediately accessible.
13    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1424-1.6 do not apply to or affect any parole agent or parole 
15supervisor who meets the qualifications and conditions 
16prescribed in Section 3-14-1.5 of the Unified Code of 
17Corrections. 
18    (g-7) Subsection 24-1(a)(6) does not apply to a peace 
19officer while serving as a member of a tactical response team 
20or special operations team. A peace officer may not personally 
21own or apply for ownership of a device or attachment of any 
22kind designed, used, or intended for use in silencing the 
23report of any firearm. These devices shall be owned and 
24maintained by lawfully recognized units of government whose 
25duties include the investigation of criminal acts.
26    (g-10) (Blank). 
 
 
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1    (g-11) Subsection 24-1(a)(6) does not apply to or affect 
2persons licensed under federal law to distribute at wholesale 
3any device or attachment of any kind designed, used, or 
4intended for use in silencing the report of any firearm, 
5firearms, or ammunition for those firearms equipped with those 
6devices, and actually engaged in the business of distributing 
7at wholesale those devices, firearms, or ammunition, but only 
8with respect to activities that are within the lawful scope of 
9that business, such as the distribution, transportation, or 
10demonstration of those devices, firearms, or ammunition to 
11qualified end users. In this subsection (g-11), "distributing 
12at wholesale" means that 90% or more of the revenue of the 
13business under the federal license held is derived from sales 
14to other federal licensees, governmental end users, and 
15federally approved export end users. This exemption does not 
16authorize the general private possession of any device or 
17attachment of any kind designed, used, or intended for use in 
18silencing the report of any firearm, but only such possession 
19and activities as are within the lawful scope of a licensed 
20wholesale distribution business described in this subsection 
21(g-11). During transportation, these devices shall be detached 
22from any weapon or not immediately accessible.    
23    (h) An information or indictment based upon a violation of 
24any subsection of this Article need not negate negative any 
25exemptions contained in this Article. The defendant shall have 
26the burden of proving such an exemption.
 
 
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1    (i) Nothing in this Article shall prohibit, apply to, or 
2affect the transportation, carrying, or possession, of any 
3pistol or revolver, stun gun, taser, or other firearm 
4consigned to a common carrier operating under license of the 
5State of Illinois or the federal government, where such 
6transportation, carrying, or possession is incident to the 
7lawful transportation in which such common carrier is engaged; 
8and nothing in this Article shall prohibit, apply to, or 
9affect the transportation, carrying, or possession of any 
10pistol, revolver, stun gun, taser, or other firearm, not the 
11subject of and regulated by subsection 24-1(a)(7) or 
12subsection 24-2(c) of this Article, which is unloaded and 
13enclosed in a case, firearm carrying box, shipping box, or 
14other container, by the possessor of a valid Firearm Owners 
15Identification Card.
16(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
17102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised 
187-22-24.)

19    Section 99. Effective date. This Act takes effect upon 
20becoming law.