Sen. Bill Cunningham
Filed: 4/6/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4667




2 AMENDMENT NO. ______. Amend House Bill 4667 by replacing 
3everything after the enacting clause with the following:


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, 
 
 
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1 while in the performance of their
official duty, or while 
2 commuting between their homes and places of employment.

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

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

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

21 Private Security, Fingerprint Vendor, and Locksmith Act of 
22 2004,
while actually
engaged in the performance of the 
23 duties of their employment or commuting
between their 
24 homes and places of employment. A person shall be 
25 considered eligible for this
exemption if he or she has 
26 completed the required 20
hours of training for a private 
 
 
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1 security contractor, private
detective, or private alarm 
2 contractor, or employee of a licensed private security 
3 contractor, private detective, or private alarm contractor 
4 agency and 28 hours of required firearm
training, and has 
5 been issued a firearm control card by
the Department of 
6 Financial and Professional Regulation. Conditions for the 
7 renewal of
firearm control cards issued under the 
8 provisions of this Section
shall be the same as for those 
9 cards issued under the provisions of the
Private 
10 Detective, Private Alarm,
Private Security, Fingerprint 
11 Vendor, and Locksmith Act of 2004. The
firearm control 
12 card shall be carried by the private security contractor, 
13 private
detective, or private alarm contractor, or 
14 employee of the licensed private security contractor, 
15 private detective, or private alarm contractor agency at 
16 all
times when he or she is in possession of a concealable 
17 weapon permitted by his or her firearm control card.

18  (6) Any person regularly employed in a commercial or 
19 industrial
operation as a security guard for the 
20 protection of persons employed
and private property 
21 related to such commercial or industrial
operation, while 
22 actually engaged in the performance of his or her
duty or 
23 traveling between sites or properties belonging to the

24 employer, and who, as a security guard, is a member of a 
25 security force registered with the Department of Financial 
26 and Professional
Regulation; provided that such security 
 
 
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1 guard has successfully completed a
course of study, 
2 approved by and supervised by the Department of
Financial 
3 and Professional Regulation, consisting of not less than 
4 48 hours of training
that includes the theory of law 
5 enforcement, liability for acts, and the
handling of 
6 weapons. A person shall be considered eligible for this

7 exemption if he or she has completed the required 20
hours 
8 of training for a security officer and 28 hours of 
9 required firearm
training, and has been issued a firearm 
10 control card by
the Department of Financial and 
11 Professional Regulation. Conditions for the renewal of

12 firearm control cards issued under the provisions of this 
13 Section
shall be the same as for those cards issued under 
14 the provisions of the
Private Detective, Private Alarm,

15 Private Security, Fingerprint Vendor, and Locksmith Act of 
16 2004. The
firearm control card shall be carried by the 
17 security guard at all
times when he or she is in possession 
18 of a concealable weapon permitted by his or her firearm 
19 control card.

20  (7) Agents and investigators of the Illinois 
21 Legislative Investigating
Commission authorized by the 
22 Commission to carry the weapons specified in
subsections 
23 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

24 any investigation for the Commission.

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

2 actually engaged in the performance of their duties, 
3 commuting between
their homes and places of employment, or 
4 traveling between sites or
properties owned or operated by 
5 such financial institution, and who, as a security guard, 
6 is a member of a security force registered with the 
7 Department; provided that
any person so employed has 
8 successfully completed a course of study,
approved by and 
9 supervised by the Department of Financial and Professional 
10 Regulation,
consisting of not less than 48 hours of 
11 training which includes theory of
law enforcement, 
12 liability for acts, and the handling of weapons.
A person 
13 shall be considered to be eligible for this exemption if 
14 he or
she has completed the required 20 hours of training 
15 for a security officer
and 28 hours of required firearm 
16 training, and has been issued a
firearm control card by 
17 the Department of Financial and Professional Regulation.

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

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

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

9  (11) Investigators of the Office of the State's 
10 Attorneys Appellate
Prosecutor authorized by the board of 
11 governors of the Office of the
State's Attorneys Appellate 
12 Prosecutor to carry weapons pursuant to
Section 7.06 of 
13 the State's Attorneys Appellate Prosecutor's Act.

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

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

24  (13) Court Security Officers while in the performance 
25 of their official
duties, or while commuting between their 
26 homes and places of employment, with
the
consent of the 
 
 
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1 Sheriff.

2  (13.5) A person employed as an armed security guard at 
3 a nuclear energy,
storage, weapons or development site or 
4 facility regulated by the Nuclear
Regulatory Commission 
5 who has completed the background screening and training

6 mandated by the rules and regulations of the Nuclear 
7 Regulatory Commission.

8  (14) Manufacture, transportation, or sale of weapons 
9 to
persons
authorized under subdivisions (1) through 
10 (13.5) of this
subsection
to
possess those weapons.

11 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
12to
or affect any person carrying a concealed pistol, revolver, 
13or handgun and the person has been issued a currently valid 
14license under the Firearm Concealed Carry Act at the time of 
15the commission of the offense.
16  (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
17to
or affect a qualified current or retired law enforcement 
18officer or a current or retired deputy, county correctional 
19officer, or correctional officer of the Department of 
20Corrections qualified under the laws of this State or under 
21the federal Law Enforcement Officers Safety Act. 
22 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2324-1.6 do not
apply to or affect
any of the following:

24  (1) Members of any club or organization organized for 
25 the purpose of
practicing shooting at targets upon 
26 established target ranges, whether
public or private, and 
 
 
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1 patrons of such ranges, while such members
or patrons are 
2 using their firearms on those target ranges.

3  (2) Duly authorized military or civil organizations 
4 while parading,
with the special permission of the 
5 Governor.

6  (3) Hunters, trappers or fishermen with a license or

7 permit while engaged in hunting,
trapping or fishing.

8  (4) Transportation of weapons that are broken down in 
9 a
non-functioning state or are not immediately accessible.

10  (5) Carrying or possessing any pistol, revolver, stun 
11 gun or taser or other firearm on the land or in the legal 
12 dwelling of another person as an invitee with that 
13 person's permission. 
14 (c) Subsection 24-1(a)(7) does not apply to or affect any 
15of the
following:

16  (1) Peace officers while in performance of their 
17 official duties.

18  (2) Wardens, superintendents and keepers of prisons, 
19 penitentiaries,
jails and other institutions for the 
20 detention of persons accused or
convicted of an offense.

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

24  (4) Manufacture, transportation, or sale of machine 
25 guns to persons
authorized under subdivisions (1) through 
26 (3) of this subsection to
possess machine guns, if the 
 
 
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1 machine guns are broken down in a
non-functioning state or 
2 are not immediately accessible.

3  (5) Persons licensed under federal law to manufacture 
4 any weapon from
which 8 or more shots or bullets can be 
5 discharged by a
single function of the firing device, or 
6 ammunition for such weapons, and
actually engaged in the 
7 business of manufacturing such weapons or
ammunition, but 
8 only with respect to activities which are within the 
9 lawful
scope of such business, such as the manufacture, 
10 transportation, or testing
of such weapons or ammunition. 
11 This exemption does not authorize the
general private 
12 possession of any weapon from which 8 or more
shots or 
13 bullets can be discharged by a single function of the 
14 firing
device, but only such possession and activities as 
15 are within the lawful
scope of a licensed manufacturing 
16 business described in this paragraph.

17  During transportation, such weapons shall be broken 
18 down in a
non-functioning state or not immediately 
19 accessible.

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

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

7 shall also apply to any authorized agent of any such 
8 contractor or
subcontractor who is operating within the 
9 scope of his employment, where
such activities involving 
10 such weapon, weapons or ammunition are necessary
and 
11 incident to fulfilling the terms of such contract.

12  (7) A person possessing a rifle with a barrel or 
13 barrels less than 16 inches in length if: (A) the person 
14 has been issued a Curios and Relics license from the U.S. 
15 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
16 (B) the person is an active member of a bona fide, 
17 nationally recognized military re-enacting group and the 
18 modification is required and necessary to accurately 
19 portray the weapon for historical re-enactment purposes; 
20 the re-enactor is in possession of a valid and current 
21 re-enacting group membership credential; and the overall 
22 length of the weapon as modified is not less than 26 
23 inches.
24 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
25possession
or carrying of a black-jack or slung-shot by a 
26peace officer.

 
 
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1 (e) Subsection 24-1(a)(8) does not apply to any owner, 
2manager or
authorized employee of any place specified in that 
3subsection nor to any
law enforcement officer.

4 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
5Section 24-1.6
do not apply
to members of any club or 
6organization organized for the purpose of practicing
shooting 
7at targets upon established target ranges, whether public or 
8private,
while using their firearms on those target ranges.

9 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
10to:

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

14  (2) Bonafide collectors of antique or surplus military 
15 ordnance.

16  (3) Laboratories having a department of forensic 
17 ballistics, or
specializing in the development of 
18 ammunition or explosive ordnance.

19  (4) Commerce, preparation, assembly or possession of 
20 explosive
bullets by manufacturers of ammunition licensed 
21 by the federal government,
in connection with the supply 
22 of those organizations and persons exempted
by subdivision 
23 (g)(1) of this Section, or like organizations and persons

24 outside this State, or the transportation of explosive 
25 bullets to any
organization or person exempted in this 
26 Section by a common carrier or by a
vehicle owned or leased 
 
 
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1 by an exempted manufacturer.

2 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
3persons licensed
under federal law to manufacture any device 
4or attachment of any kind designed,
used, or intended for use 
5in silencing the report of any firearm, firearms, or

6ammunition
for those firearms equipped with those devices, and 
7actually engaged in the
business of manufacturing those 
8devices, firearms, or ammunition, but only with
respect to

9activities that are within the lawful scope of that business, 
10such as the
manufacture, transportation, or testing of those 
11devices, firearms, or
ammunition. This
exemption does not 
12authorize the general private possession of any device or

13attachment of any kind designed, used, or intended for use in 
14silencing the
report of any firearm, but only such possession 
15and activities as are within
the
lawful scope of a licensed 
16manufacturing business described in this subsection
(g-5). 
17During transportation, these devices shall be detached from 
18any weapon
or
not immediately accessible.

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

2024-1.6 do not apply to
or affect any parole agent or parole 
21supervisor who meets the qualifications and conditions 
22prescribed in Section 3-14-1.5 of the Unified Code of 
23Corrections. 
24 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
25officer while serving as a member of a tactical response team 
26or special operations team. A peace officer may not personally 
 
 
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1own or apply for ownership of a device or attachment of any 
2kind designed, used, or intended for use in silencing the 
3report of any firearm. These devices shall be owned and 
4maintained by lawfully recognized units of government whose 
5duties include the investigation of criminal acts.
6 (g-10) (Blank). 
7 (h) An information or indictment based upon a violation of 
8any
subsection of this Article need not negative any 
9exemptions contained in
this Article. The defendant shall have 
10the burden of proving such an
exemption.

11 (i) Nothing in this Article shall prohibit, apply to, or 
12affect
the transportation, carrying, or possession, of any 
13pistol or revolver,
stun gun, taser, or other firearm 
14consigned to a common carrier operating
under license of the 
15State of Illinois or the federal government, where
such 
16transportation, carrying, or possession is incident to the 
17lawful
transportation in which such common carrier is engaged; 
18and nothing in this
Article shall prohibit, apply to, or 
19affect the transportation, carrying,
or possession of any 
20pistol, revolver, stun gun, taser, or other firearm,
not the 
21subject of and regulated by subsection 24-1(a)(7) or 
22subsection
24-2(c) of this Article, which is unloaded and 
23enclosed in a case, firearm
carrying box, shipping box, or 
24other container, by the possessor of a valid
Firearm Owners 
25Identification Card.

26(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)

 
 
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1 Section 10. The Unified Code of Corrections is amended by 
2adding Section 3-2-14 as follows:

3 (730 ILCS 5/3-2-14 new)
4 Sec. 3-2-14. Correctional officers of the Department of 
5Corrections; coverage under the federal Law Enforcement 
6Officers Safety Act of 2004. Correctional officers of the 
7Department of Corrections shall be deemed to be qualified law 
8enforcement officers or, for retired correctional officers of 
9the Department of Corrections, shall be deemed qualified 
10retired or separated law enforcement officers in Illinois for 
11purposes of coverage under the federal Law Enforcement 
12Officers Safety Act of 2004 and shall have all rights and 
13privileges granted by that Act if the correctional officer or 
14retired correctional officer is otherwise compliant with the 
15applicable laws of this State governing the implementation and 
16administration of the federal Law Enforcement Officers Safety 
17Act of 2004 in the State of Illinois. 

18 Section 15. The County Jail Act is amended by adding 
19Section 26.1 as follows:

20 (730 ILCS 125/26.1 new)
21 Sec. 26.1. Deputies and county correctional officers; 
22coverage under the federal Law Enforcement Officers Safety Act 
 
 
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1of 2004. Deputies and county correctional officers shall be 
2deemed to be qualified law enforcement officers or, if 
3retired, shall be deemed qualified retired or separated law 
4enforcement officers in Illinois for purposes of coverage 
5under the federal Law Enforcement Officers Safety Act of 2004 
6and shall have all rights and privileges granted by that Act if 
7the deputy or county correctional officer or retired deputy or 
8county correctional officer is otherwise compliant with the 
9applicable laws of this State governing the implementation and 
10administration of the federal Law Enforcement Officers Safety 
11Act of 2004 in the State of Illinois.".