Rep. Monica Bristow
Filed: 5/20/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1139




2 AMENDMENT NO. ______. Amend Senate Bill 1139 on page 1, by 
3replacing lines 4 and 5 with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 4 and 8 as follows:



6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


7 Sec. 4. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 


11  (1) Make application on blank forms prepared and 
12 furnished at convenient
locations throughout the State by 
13 the Department of State Police, or by
electronic means, if 
14 and when made available by the Department of State
Police; 
15 and


16  (2) Submit evidence to the Department of State Police 
 
 
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1 that:


2   (i) This subparagraph (i) applies through the 
3 180th day following the effective date of this 
4 amendatory Act of the 101st General Assembly. He or she 
5 is 21 years of age or over, or if he or she is under 21

6 years of age that he or she has the written consent of 
7 his or her parent or
legal guardian to possess and 
8 acquire firearms and firearm ammunition and that
he or 
9 she has never been convicted of a misdemeanor other 
10 than a traffic
offense or adjudged
delinquent, 
11 provided, however, that such parent or legal guardian 
12 is not an
individual prohibited from having a Firearm 
13 Owner's Identification Card and
files an affidavit 
14 with the Department as prescribed by the Department

15 stating that he or she is not an individual prohibited 
16 from having a Card;
17    (i-5) This subparagraph (i-5) applies on and 
18 after the 181st day following the effective date of 
19 this amendatory Act of the 101st General Assembly. He 
20 or she is 21 years of age or over, or if he or she is 
21 under 21
years of age that he or she has never been 
22 convicted of a misdemeanor other than a traffic offense 
23 or adjudged delinquent and is an active duty member of 
24 the United States Armed Forces or has the written 
25 consent of his or her parent or
legal guardian to 
26 possess and acquire firearms and firearm ammunition, 
 
 
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1 provided, however, that such parent or legal guardian 
2 is not an
individual prohibited from having a Firearm 
3 Owner's Identification Card and
files an affidavit 
4 with the Department as prescribed by the Department

5 stating that he or she is not an individual prohibited 
6 from having a Card or the active duty member of the 
7 United States Armed Forces under 21 years of age 
8 annually submits proof to the Department of State 
9 Police, in a manner prescribed by the Department; 


10   (ii) He or she has not been convicted of a felony 
11 under the laws of
this or any other jurisdiction;


12   (iii) He or she is not addicted to narcotics;


13   (iv) He or she has not been a patient in a mental 
14 health facility within
the past 5 years or, if he or 
15 she has been a patient in a mental health facility more 
16 than 5 years ago submit the certification required 
17 under subsection (u) of Section 8 of this Act;


18   (v) He or she is not a person with an intellectual 
19 disability;


20   (vi) He or she is not an alien who is unlawfully 
21 present in the
United States under the laws of the 
22 United States;


23   (vii) He or she is not subject to an existing order 
24 of protection
prohibiting him or her from possessing a 
25 firearm;


26   (viii) He or she has not been convicted within the 
 
 
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1 past 5 years of
battery, assault, aggravated assault, 
2 violation of an order of
protection, or a substantially 
3 similar offense in another jurisdiction, in
which a 
4 firearm was used or possessed;


5   (ix) He or she has not been convicted of domestic 
6 battery, aggravated domestic battery, or a

7 substantially similar offense in another
jurisdiction 
8 committed before, on or after January 1, 2012 (the 
9 effective date of Public Act 97-158). If the applicant 
10 knowingly and intelligently waives the right to have an 
11 offense described in this clause (ix) tried by a jury, 
12 and by guilty plea or otherwise, results in a 
13 conviction for an offense in which a domestic 
14 relationship is not a required element of the offense 
15 but in which a determination of the applicability of 18 
16 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
17 Code of Criminal Procedure of 1963, an entry by the 
18 court of a judgment of conviction for that offense 
19 shall be grounds for denying the issuance of a Firearm 
20 Owner's Identification Card under this Section;


21   (x) (Blank);


22   (xi) He or she is not an alien who has been 
23 admitted to the United
States under a non-immigrant 
24 visa (as that term is defined in Section
101(a)(26) of 
25 the Immigration and Nationality Act (8 U.S.C. 
26 1101(a)(26))),
or that he or she is an alien who has 
 
 
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1 been lawfully admitted to the United
States under a 
2 non-immigrant visa if that alien is:


3    (1) admitted to the United States for lawful 
4 hunting or sporting
purposes;


5    (2) an official representative of a foreign 
6 government who is:


7     (A) accredited to the United States 
8 Government or the Government's
mission to an 
9 international organization having its 
10 headquarters in the United
States; or


11     (B) en route to or from another country to 
12 which that alien is
accredited;


13    (3) an official of a foreign government or 
14 distinguished foreign
visitor who has been so 
15 designated by the Department of State;


16    (4) a foreign law enforcement officer of a 
17 friendly foreign
government entering the United 
18 States on official business; or


19    (5) one who has received a waiver from the 
20 Attorney General of the
United States pursuant to 
21 18 U.S.C. 922(y)(3);


22   (xii) He or she is not a minor subject to a 
23 petition filed
under Section 5-520 of the Juvenile 
24 Court Act of 1987 alleging that the
minor is a 
25 delinquent minor for the commission of an offense that 
26 if
committed by an adult would be a felony;


 
 
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1   (xiii) He or she is not an adult who had been 
2 adjudicated a delinquent
minor under the Juvenile 
3 Court Act of 1987 for the commission of an offense
that 
4 if committed by an adult would be a felony;

5   (xiv) He or she is a resident of the State of 
6 Illinois; 
7   (xv) He or she has not been adjudicated as a person 
8 with a mental disability; 
9   (xvi) He or she has not been involuntarily admitted 
10 into a mental health facility; and 
11   (xvii) He or she is not a person with a 
12 developmental disability; and 

13  (3) Upon request by the Department of State Police, 
14 sign a release on a
form prescribed by the Department of 
15 State Police waiving any right to
confidentiality and 
16 requesting the disclosure to the Department of State Police

17 of limited mental health institution admission information 
18 from another state,
the District of Columbia, any other 
19 territory of the United States, or a
foreign nation 
20 concerning the applicant for the sole purpose of 
21 determining
whether the applicant is or was a patient in a 
22 mental health institution and
disqualified because of that 
23 status from receiving a Firearm Owner's
Identification 
24 Card. No mental health care or treatment records may be

25 requested. The information received shall be destroyed 
26 within one year of
receipt.

 
 
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1 (a-5) Each applicant for a Firearm Owner's Identification 
2Card who is over
the age of 18 shall furnish to the Department 
3of State Police either his or
her Illinois driver's license 
4number or Illinois Identification Card number, except as

5provided in subsection (a-10).

6 (a-10) Each applicant for a Firearm Owner's Identification 
7Card,
who is employed as a law enforcement officer, an armed 
8security officer in Illinois, or by the United States Military

9permanently assigned in Illinois and who is not an Illinois 
10resident, shall furnish to
the Department of State Police his 
11or her driver's license number or state
identification card 
12number from his or her state of residence. The Department
of 
13State Police may adopt rules to enforce the provisions of this

14subsection (a-10).

15 (a-15) If an applicant applying for a Firearm Owner's 
16Identification Card moves from the residence address named in 
17the application, he or she shall immediately notify in a form 
18and manner prescribed by the Department of State Police of that 
19change of address.
20 (a-20) Each applicant for a Firearm Owner's Identification 
21Card shall furnish to the Department of State Police his or her 
22photograph. An applicant who is 21 years of age or older 
23seeking a religious exemption to the photograph requirement 
24must furnish with the application an approved copy of United 
25States Department of the Treasury Internal Revenue Service Form 
264029. In lieu of a photograph, an applicant regardless of age 
 
 
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1seeking a religious exemption to the photograph requirement 
2shall submit fingerprints on a form and manner prescribed by 
3the Department with his or her application. 
4 (b) Each application form shall include the following 
5statement printed in
bold type: "Warning: Entering false 
6information on an application for a Firearm
Owner's 
7Identification Card is punishable as a Class 2 felony in 
8accordance
with subsection (d-5) of Section 14 of the Firearm 
9Owners Identification Card
Act.".

10 (c) Upon such written consent, pursuant to Section 4, 
11paragraph (a)(2)(i),
the parent or legal guardian giving the 
12consent shall be liable for any
damages resulting from the 
13applicant's use of firearms or firearm ammunition.

14(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




15 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

16 Sec. 8. Grounds for denial and revocation. The Department 
17of State Police has authority to deny an
application for or to 
18revoke and seize a Firearm Owner's Identification
Card 
19previously issued under this Act only if the Department finds 
20that the
applicant or the person to whom such card was issued 
21is or was at the time
of issuance:

22  (a) A person under 21 years of age who has been 
23 convicted of a
misdemeanor other than a traffic offense or 
24 adjudged delinquent;

25  (b) This subsection (b) applies through the 180th day 
 
 
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1 following the effective date of this amendatory Act of the 
2 101st General Assembly. A person under 21 years of age who 
3 does not have the written consent
of his parent or guardian 
4 to acquire and possess firearms and firearm
ammunition, or 
5 whose parent or guardian has revoked such written consent,

6 or where such parent or guardian does not qualify to have a 
7 Firearm Owner's
Identification Card;
8  (b-5) This subsection (b-5) applies on and after the 
9 181st day following the effective date of this amendatory 
10 Act of the 101st General Assembly. A person under 21 years 
11 of age who is not an active duty member of the United 
12 States Armed Forces and does not have the written consent

13 of his or her parent or guardian to acquire and possess 
14 firearms and firearm
ammunition, or whose parent or 
15 guardian has revoked such written consent,
or where such 
16 parent or guardian does not qualify to have a Firearm 
17 Owner's
Identification Card; 

18  (c) A person convicted of a felony under the laws of 
19 this or any other
jurisdiction;

20  (d) A person addicted to narcotics;

21  (e) A person who has been a patient of a mental health 
22 facility within the
past 5 years or a person who has been a 
23 patient in a mental health facility more than 5 years ago 
24 who has not received the certification required under 
25 subsection (u) of this Section. An active law enforcement 
26 officer employed by a unit of government who is denied, 
 
 
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1 revoked, or has his or her Firearm Owner's Identification 
2 Card seized under this subsection (e) may obtain relief as 
3 described in subsection (c-5) of Section 10 of this Act if 
4 the officer did not act in a manner threatening to the 
5 officer, another person, or the public as determined by the 
6 treating clinical psychologist or physician, and the 
7 officer seeks mental health treatment;

8  (f) A person whose mental condition is of such a nature 
9 that it poses
a clear and present danger to the applicant, 
10 any other person or persons or
the community;

11  (g) A person who has an intellectual disability;

12  (h) A person who intentionally makes a false statement 
13 in the Firearm
Owner's Identification Card application;

14  (i) An alien who is unlawfully present in
the United 
15 States under the laws of the United States;

16  (i-5) An alien who has been admitted to the United 
17 States under a
non-immigrant visa (as that term is defined 
18 in Section 101(a)(26) of the
Immigration and Nationality 
19 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
20 (i-5) does not apply to any alien who has been lawfully 
21 admitted to
the United States under a non-immigrant visa if 
22 that alien is:

23   (1) admitted to the United States for lawful 
24 hunting or sporting purposes;

25   (2) an official representative of a foreign 
26 government who is:

 
 
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1    (A) accredited to the United States Government 
2 or the Government's
mission to an international 
3 organization having its headquarters in the United

4 States; or

5    (B) en route to or from another country to 
6 which that alien is
accredited;

7   (3) an official of a foreign government or 
8 distinguished foreign visitor
who has been so 
9 designated by the Department of State;

10   (4) a foreign law enforcement officer of a friendly 
11 foreign government
entering the United States on 
12 official business; or

13   (5) one who has received a waiver from the Attorney 
14 General of the United
States pursuant to 18 U.S.C. 
15 922(y)(3);

16  (j) (Blank);

17  (k) A person who has been convicted within the past 5 
18 years of battery,
assault, aggravated assault, violation 
19 of an order of protection, or a
substantially similar 
20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22  (l) A person who has been convicted of domestic 
23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before, 
25 on or after January 1, 2012 (the effective date of Public 
26 Act 97-158). If the applicant or person who has been 
 
 
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1 previously issued a Firearm Owner's Identification Card 
2 under this Act knowingly and intelligently waives the right 
3 to have an offense described in this paragraph (l) tried by 
4 a jury, and by guilty plea or otherwise, results in a 
5 conviction for an offense in which a domestic relationship 
6 is not a required element of the offense but in which a 
7 determination of the applicability of 18 U.S.C. 922(g)(9) 
8 is made under Section 112A-11.1 of the Code of Criminal 
9 Procedure of 1963, an entry by the court of a judgment of 
10 conviction for that offense shall be grounds for denying an 
11 application for and for revoking and seizing a Firearm 
12 Owner's Identification Card previously issued to the 
13 person under this Act;

14  (m) (Blank);

15  (n) A person who is prohibited from acquiring or 
16 possessing
firearms or firearm ammunition by any Illinois 
17 State statute or by federal
law;

18  (o) A minor subject to a petition filed under Section 
19 5-520 of the
Juvenile Court Act of 1987 alleging that the 
20 minor is a delinquent minor for
the commission of an 
21 offense that if committed by an adult would be a felony;


22  (p) An adult who had been adjudicated a delinquent 
23 minor under the Juvenile
Court Act of 1987 for the 
24 commission of an offense that if committed by an
adult 
25 would be a felony;

26  (q) A person who is not a resident of the State of 
 
 
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1 Illinois, except as provided in subsection (a-10) of 
2 Section 4; 
3  (r) A person who has been adjudicated as a person with 
4 a mental disability; 
5  (s) A person who has been found to have a developmental 
6 disability; 
7  (t) A person involuntarily admitted into a mental 
8 health facility; or 
9  (u) A person who has had his or her Firearm Owner's 
10 Identification Card revoked or denied under subsection (e) 
11 of this Section or item (iv) of paragraph (2) of subsection 
12 (a) of Section 4 of this Act because he or she was a 
13 patient in a mental health facility as provided in 
14 subsection (e) of this Section, shall not be permitted to 
15 obtain a Firearm Owner's Identification Card, after the 
16 5-year period has lapsed, unless he or she has received a 
17 mental health evaluation by a physician, clinical 
18 psychologist, or qualified examiner as those terms are 
19 defined in the Mental Health and Developmental 
20 Disabilities Code, and has received a certification that he 
21 or she is not a clear and present danger to himself, 
22 herself, or others. The physician, clinical psychologist, 
23 or qualified examiner making the certification and his or 
24 her employer shall not be held criminally, civilly, or 
25 professionally liable for making or not making the 
26 certification required under this subsection, except for 
 
 
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1 willful or wanton misconduct. This subsection does not 
2 apply to a person whose firearm possession rights have been 
3 restored through administrative or judicial action under 
4 Section 10 or 11 of this Act. 
5 Upon revocation of a person's Firearm Owner's 
6Identification Card, the Department of State Police shall 
7provide notice to the person and the person shall comply with 
8Section 9.5 of this Act. 
9(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
10eff. 7-16-14; 99-143, eff. 7-27-15.)


11 Section 10. The Firearm Concealed Carry Act is amended by 
12changing Section 50 as follows:

13 (430 ILCS 66/50)

14 Sec. 50. License renewal. 
15 (a) This subsection (a) applies through the 180th day 
16following the effective date of this amendatory Act of the 
17101st General Assembly. Applications for renewal of a license 
18shall be made to the Department. A license shall be renewed for 
19a period of 5 years upon receipt of a completed renewal 
20application, completion of 3 hours of training required under 
21Section 75 of this Act, payment of the applicable renewal fee, 
22and completion of an investigation under Section 35 of this 
23Act. The renewal application shall contain the information 
24required in Section 30 of this Act, except that the applicant 
 
 
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1need not resubmit a full set of fingerprints.
2 (b) This subsection (b) applies on and after the 181st day 
3following the effective date of this amendatory Act of the 
4101st General Assembly. Applications for renewal of a license 
5shall be made to the Department. A license shall be renewed for 
6a period of 5 years from the date of expiration on the 
7applicant's current license upon the receipt of a completed 
8renewal application, completion of 3 hours of training required 
9under Section 75 of this Act, payment of the applicable renewal 
10fee, and completion of an investigation under Section 35 of 
11this Act. The renewal application shall contain the information 
12required in Section 30 of this Act, except that the applicant 
13need not resubmit a full set of fingerprints. 

14(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

15 Section 15. The Firearm Dealer License Certification Act is 
16amended by changing Sections 5-5 and 5-25 as follows:

17 (430 ILCS 68/5-5)

18 Sec. 5-5. Definitions.  In this Act:
19 "Certified licensee" means a licensee that has previously 
20certified its license with the Department
under this Act.
21 "Department" means the Department of State Police.
22 "Director" means the Director of State Police.
23 "Entity" means any person, firm, corporation, group of 
24individuals, or other legal entity.
 
 
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1 "Inventory" means firearms in the possession of an 
2individual or entity for the purpose of sale or
transfer.

3 "License" means a Federal Firearms License authorizing a 
4person or entity to engage in the business of
dealing firearms.

5 "Licensee" means a person, firm, corporation, or other 
6entity who has been given, and is currently in
possession of, a 
7valid Federal Firearms License.
8 "Retail location" means a store open to the public from 
9which a certified licensee
engages in the business of selling, 
10transferring, or facilitating a sale or transfer of a firearm.

11For purposes of this Act, the World Shooting and Recreational 
12Complex, a gun show, or similar event at which a certified 
13licensee engages in business from time to time is not a retail 
14location.

15(Source: P.A. 100-1178, eff. 1-18-19.)

16 (430 ILCS 68/5-25)

17 Sec. 5-25. Exemptions. 
18 The provisions of this Act related
to the certification of 
19a license do not apply to a
person or entity that engages in 
20the following
activities:
21  (1) temporary transfers of firearms solely for use at 
22 the
location or on the premises where the transfer takes 
23 place,
such as transfers at a shooting range for use at 
24 that location;
25  (2) temporary transfers of firearms solely for use 
 
 
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1 while in
the presence of the transferor or transfers for 
2 the
purposes of firearm safety training by a firearms 
3 safety training instructor;
4  (3) transfers of firearms among immediate family or

5 household members, as "immediate family or household 
6 member" is
defined in Section 3-2.7-10 of the Unified Code 
7 of Corrections, provided that both the transferor and 
8 transferee have a currently valid Firearm Owner's 
9 Identification Card; however, this paragraph (3) does not 
10 limit the familial gift exemption under paragraph (2) of 
11 subsection (a-15) of Section 3 of the Firearm Owners 
12 Identification Card Act;
13  (4) transfers by persons or entities acting under 
14 operation
of law or a court order;
15  (5) transfers by persons or entities liquidating all or

16 part of a collection. For purposes of this paragraph (5),

17 "collection" means 2 or more firearms which are of special

18 interest to collectors by reason of some quality other than 
19 is
associated with firearms intended for sporting use or as

20 offensive or defensive weapons;
21  (6) transfers of firearms that have been rendered

22 permanently inoperable to a nonprofit historical society,

23 museum, or institutional collection;
24  (7) transfers by a law enforcement or corrections 
25 agency or
a law enforcement or corrections officer acting 
26 within the
course and scope of his or her official duties;
 
 
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1  (8) transfers to a State or local law enforcement 
2 agency by a person who has his or her Firearm
Owner's 
3 Identification Card revoked;
4  (9) transfers of curios and relics, as defined under

5 federal law, between collectors licensed under subsection 
6 (b)
of Section 923 of the federal Gun Control Act of 1968;
7  (10) transfers by a person or entity licensed as an 
8 auctioneer under the Auction License Act; or
9  (10.5) transfers of firearms to a resident registered 
10 competitor or attendee or non-resident registered 
11 competitor or attendee by a licensed federal firearms 
12 dealer under Section 923 of the federal Gun Control Act of 
13 1968 at a competitive shooting event held at the World 
14 Shooting and Recreational Complex that is sanctioned by a 
15 national governing body; or 
16  (11) transfers between a pawnshop and a customer which 
17 amount to a bailment. For purposes of this paragraph (11), 
18 "bailment" means the act of placing property in the custody 
19 and control of another, by agreement in which the holder is 
20 responsible for the safekeeping and return of the property. 

21(Source: P.A. 100-1178, eff. 1-18-19.)


22 Section 20. The Wildlife Code is amended by adding Section 
233.4b as follows:

24 (520 ILCS 5/3.4b new)
 
 
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1 Sec. 3.4b. Concealed firearm exemption. A current or 
2retired law enforcement officer authorized by law to possess a 
3concealed firearm shall be exempt from the provisions of this 
4Code prohibiting possession of those firearms. However, 
5nothing in this Section authorizes the use of those firearms 
6except as authorized by law.

7 Section 25. The Criminal Code of 2012 is amended by 
8changing Sections 14-3 and 24-2 as follows:"; and

9on page 18, by inserting immediately below line 3 the 
10following:


11 "(720 ILCS 5/24-2)



12 Sec. 24-2. Exemptions. 

13 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1424-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
15the following:

16  (1) Peace officers, and any person summoned by a peace 
17 officer to
assist in making arrests or preserving the 
18 peace, while actually engaged in
assisting such officer.

19  (2) Wardens, superintendents and keepers of prisons,

20 penitentiaries, jails and other institutions for the 
21 detention of persons
accused or convicted of an offense, 
22 while in the performance of their
official duty, or while 
23 commuting between their homes and places of employment.

 
 
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1  (3) Members of the Armed Services or Reserve Forces of 
2 the United States
or the Illinois National Guard or the 
3 Reserve Officers Training Corps,
while in the performance 
4 of their official duty.

5  (4) Special agents employed by a railroad or a public 
6 utility to
perform police functions, and guards of armored 
7 car companies, while
actually engaged in the performance of 
8 the duties of their employment or
commuting between their 
9 homes and places of employment; and watchmen
while actually 
10 engaged in the performance of the duties of their 
11 employment.

12  (5) Persons licensed as private security contractors, 
13 private
detectives, or private alarm contractors, or 
14 employed by a private security contractor, private 
15 detective, or private alarm contractor agency licensed
by 
16 the Department of Financial and Professional Regulation, 
17 if their duties
include the carrying of a weapon under the 
18 provisions of the Private
Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of 
20 2004,
while actually
engaged in the performance of the 
21 duties of their employment or commuting
between their homes 
22 and places of employment. A person shall be considered 
23 eligible for this
exemption if he or she has completed the 
24 required 20
hours of training for a private security 
25 contractor, private
detective, or private alarm 
26 contractor, or employee of a licensed private security 
 
 
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1 contractor, private detective, or private alarm contractor 
2 agency and 20 hours of required firearm
training, and has 
3 been issued a firearm control card by
the Department of 
4 Financial and Professional Regulation. Conditions for the 
5 renewal of
firearm control cards issued under the 
6 provisions of this Section
shall be the same as for those 
7 cards issued under the provisions of the
Private Detective, 
8 Private Alarm,
Private Security, Fingerprint Vendor, and 
9 Locksmith Act of 2004. The
firearm control card shall be 
10 carried by the private security contractor, private

11 detective, or private alarm contractor, or employee of the 
12 licensed private security contractor, private detective, 
13 or private alarm contractor agency at all
times when he or 
14 she is in possession of a concealable weapon permitted by 
15 his or her firearm control card.

16  (6) Any person regularly employed in a commercial or 
17 industrial
operation as a security guard for the protection 
18 of persons employed
and private property related to such 
19 commercial or industrial
operation, while actually engaged 
20 in the performance of his or her
duty or traveling between 
21 sites or properties belonging to the
employer, and who, as 
22 a security guard, is a member of a security force 
23 registered with the Department of Financial and 
24 Professional
Regulation; provided that such security guard 
25 has successfully completed a
course of study, approved by 
26 and supervised by the Department of
Financial and 
 
 
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1 Professional Regulation, consisting of not less than 40 
2 hours of training
that includes the theory of law 
3 enforcement, liability for acts, and the
handling of 
4 weapons. A person shall be considered eligible for this

5 exemption if he or she has completed the required 20
hours 
6 of training for a security officer and 20 hours of required 
7 firearm
training, and has been issued a firearm control 
8 card by
the Department of Financial and Professional 
9 Regulation. Conditions for the renewal of
firearm control 
10 cards issued under the provisions of this Section
shall be 
11 the same as for those cards issued under the provisions of 
12 the
Private Detective, Private Alarm,
Private Security, 
13 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
14 control card shall be carried by the security guard at all

15 times when he or she is in possession of a concealable 
16 weapon permitted by his or her firearm control card.

17  (7) Agents and investigators of the Illinois 
18 Legislative Investigating
Commission authorized by the 
19 Commission to carry the weapons specified in
subsections 
20 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

21 any investigation for the Commission.

22  (8) Persons employed by a financial institution as a 
23 security guard for the protection of
other employees and 
24 property related to such financial institution, while

25 actually engaged in the performance of their duties, 
26 commuting between
their homes and places of employment, or 
 
 
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1 traveling between sites or
properties owned or operated by 
2 such financial institution, and who, as a security guard, 
3 is a member of a security force registered with the 
4 Department; provided that
any person so employed has 
5 successfully completed a course of study,
approved by and 
6 supervised by the Department of Financial and Professional 
7 Regulation,
consisting of not less than 40 hours of 
8 training which includes theory of
law enforcement, 
9 liability for acts, and the handling of weapons.
A person 
10 shall be considered to be eligible for this exemption if he 
11 or
she has completed the required 20 hours of training for 
12 a security officer
and 20 hours of required firearm 
13 training, and has been issued a
firearm control card by the 
14 Department of Financial and Professional Regulation.

15 Conditions for renewal of firearm control cards issued 
16 under the
provisions of this Section shall be the same as 
17 for those issued under the
provisions of the Private 
18 Detective, Private Alarm,
Private Security, Fingerprint 
19 Vendor, and Locksmith Act of 2004. The
firearm control card 
20 shall be carried by the security guard at all times when he 
21 or she is in possession of a concealable
weapon permitted 
22 by his or her firearm control card. For purposes of this 
23 subsection, "financial institution" means a
bank, savings 
24 and loan association, credit union or company providing

25 armored car services.

26  (9) Any person employed by an armored car company to 
 
 
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1 drive an armored
car, while actually engaged in the 
2 performance of his duties.

3  (10) Persons who have been classified as peace officers 
4 pursuant
to the Peace Officer Fire Investigation Act.

5  (11) Investigators of the Office of the State's 
6 Attorneys Appellate
Prosecutor authorized by the board of 
7 governors of the Office of the
State's Attorneys Appellate 
8 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
9 State's Attorneys Appellate Prosecutor's Act.

10  (12) Special investigators appointed by a State's 
11 Attorney under
Section 3-9005 of the Counties Code.

12  (12.5) Probation officers while in the performance of 
13 their duties, or
while commuting between their homes, 
14 places of employment or specific locations
that are part of 
15 their assigned duties, with the consent of the chief judge 
16 of
the circuit for which they are employed, if they have 
17 received weapons training according
to requirements of the 
18 Peace Officer and Probation Officer Firearm Training Act.

19  (13) Court Security Officers while in the performance 
20 of their official
duties, or while commuting between their 
21 homes and places of employment, with
the
consent of the 
22 Sheriff.

23  (13.5) A person employed as an armed security guard at 
24 a nuclear energy,
storage, weapons or development site or 
25 facility regulated by the Nuclear
Regulatory Commission 
26 who has completed the background screening and training

 
 
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1 mandated by the rules and regulations of the Nuclear 
2 Regulatory Commission.

3  (14) Manufacture, transportation, or sale of weapons 
4 to
persons
authorized under subdivisions (1) through 
5 (13.5) of this
subsection
to
possess those weapons.

6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
7to
or affect any person carrying a concealed pistol, revolver, 
8or handgun and the person has been issued a currently valid 
9license under the Firearm Concealed Carry Act at the time of 
10the commission of the offense.
11  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
12to
or affect a qualified current or retired law enforcement 
13officer qualified under the laws of this State or under the 
14federal 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 with a license or

26 permit while engaged in hunting,
trapping or fishing.

 
 
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1  (4) Transportation of weapons that are broken down in a

2 non-functioning state or are not immediately accessible.

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 person's 
6 permission. 
7 (c) Subsection 24-1(a)(7) does not apply to or affect any 
8of the
following:

9  (1) Peace officers while in performance of their 
10 official duties.

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.

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.

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.

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 
 
 
10100SB1139ham002- 27 -LRB101 04922 RLC 60887 a


1 only with respect to activities which are within the lawful

2 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.

10  During transportation, such weapons shall be broken 
11 down in a
non-functioning state or not immediately 
12 accessible.

13  (6) The manufacture, transport, testing, delivery, 
14 transfer or sale,
and all lawful commercial or experimental 
15 activities necessary thereto, of
rifles, shotguns, and 
16 weapons made from rifles or shotguns,
or ammunition for 
17 such rifles, shotguns or weapons, where engaged in
by a 
18 person operating as a contractor or subcontractor pursuant 
19 to a
contract or subcontract for the development and supply 
20 of such rifles,
shotguns, weapons or ammunition to the 
21 United States government or any
branch of the Armed Forces 
22 of the United States, when such activities are
necessary 
23 and incident to fulfilling the terms of such contract.

24  The exemption granted under this subdivision (c)(6)

25 shall also apply to any authorized agent of any such 
26 contractor or
subcontractor who is operating within the 
 
 
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1 scope of his employment, where
such activities involving 
2 such weapon, weapons or ammunition are necessary
and 
3 incident to fulfilling the terms of such contract.

4  (7) A person possessing a rifle with a barrel or 
5 barrels less than 16 inches in length if: (A) the person 
6 has been issued a Curios and Relics license from the U.S. 
7 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
8 the person is an active member of a bona fide, nationally 
9 recognized military re-enacting group and the modification 
10 is required and necessary to accurately portray the weapon 
11 for historical re-enactment purposes; the re-enactor is in 
12 possession of a valid and current re-enacting group 
13 membership credential; and the overall length of the weapon 
14 as modified is not less than 26 inches.
15 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
16possession
or carrying of a black-jack or slung-shot by a peace 
17officer.

18 (e) Subsection 24-1(a)(8) does not apply to any owner, 
19manager or
authorized employee of any place specified in that 
20subsection nor to any
law enforcement officer.

21 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
22Section 24-1.6
do not apply
to members of any club or 
23organization organized for the purpose of practicing
shooting 
24at targets upon established target ranges, whether public or 
25private,
while using their firearms on those target ranges.

26 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
 
 
10100SB1139ham002- 29 -LRB101 04922 RLC 60887 a


1to:

2  (1) Members of the Armed Services or Reserve Forces of 
3 the United
States or the Illinois National Guard, while in 
4 the performance of their
official duty.

5  (2) Bonafide collectors of antique or surplus military 
6 ordnance.

7  (3) Laboratories having a department of forensic 
8 ballistics, or
specializing in the development of 
9 ammunition or explosive ordnance.

10  (4) Commerce, preparation, assembly or possession of 
11 explosive
bullets by manufacturers of ammunition licensed 
12 by the federal government,
in connection with the supply of 
13 those organizations and persons exempted
by subdivision 
14 (g)(1) of this Section, or like organizations and persons

15 outside this State, or the transportation of explosive 
16 bullets to any
organization or person exempted in this 
17 Section by a common carrier or by a
vehicle owned or leased 
18 by an exempted manufacturer.

19 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
20persons licensed
under federal law to manufacture any device or 
21attachment of any kind designed,
used, or intended for use in 
22silencing the report of any firearm, firearms, or
ammunition

23for those firearms equipped with those devices, and actually 
24engaged in the
business of manufacturing those devices, 
25firearms, or ammunition, but only with
respect to
activities 
26that are within the lawful scope of that business, such as the

 
 
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1manufacture, transportation, or testing of those devices, 
2firearms, or
ammunition. This
exemption does not authorize the 
3general private possession of any device or
attachment of any 
4kind designed, used, or intended for use in silencing the

5report of any firearm, but only such possession and activities 
6as are within
the
lawful scope of a licensed manufacturing 
7business described in this subsection
(g-5). During 
8transportation, these devices shall be detached from any weapon

9or
not immediately accessible.

10 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1124-1.6 do not apply to
or affect any parole agent or parole 
12supervisor who meets the qualifications and conditions 
13prescribed in Section 3-14-1.5 of the Unified Code of 
14Corrections. 
15 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
16officer while serving as a member of a tactical response team 
17or special operations team. A peace officer may not personally 
18own or apply for ownership of a device or attachment of any 
19kind designed, used, or intended for use in silencing the 
20report of any firearm. These devices shall be owned and 
21maintained by lawfully recognized units of government whose 
22duties include the investigation of criminal acts.
23 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
2424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
25athlete's possession, transport on official Olympic and 
26Paralympic transit systems established for athletes, or use of 
 
 
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1competition firearms sanctioned by the International Olympic 
2Committee, the International Paralympic Committee, the 
3International Shooting Sport Federation, or USA Shooting in 
4connection with such athlete's training for and participation 
5in shooting competitions at the 2016 Olympic and Paralympic 
6Games and sanctioned test events leading up to the 2016 Olympic 
7and Paralympic Games. 
8 (h) An information or indictment based upon a violation of 
9any
subsection of this Article need not negative any exemptions 
10contained in
this Article. The defendant shall have the burden 
11of proving such an
exemption.

12 (i) Nothing in this Article shall prohibit, apply to, or 
13affect
the transportation, carrying, or possession, of any 
14pistol or revolver,
stun gun, taser, or other firearm consigned 
15to a common carrier operating
under license of the State of 
16Illinois or the federal government, where
such transportation, 
17carrying, or possession is incident to the lawful

18transportation in which such common carrier is engaged; and 
19nothing in this
Article shall prohibit, apply to, or affect the 
20transportation, carrying,
or possession of any pistol, 
21revolver, stun gun, taser, or other firearm,
not the subject of 
22and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
23this Article, which is unloaded and enclosed in a case, firearm

24carrying box, shipping box, or other container, by the 
25possessor of a valid
Firearm Owners Identification Card.

26(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)".