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| |  |  | SB2193 Engrossed |  | LRB098 10174 RLC 40333 b | 
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| 1 |  |  AN ACT concerning criminal law.
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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 changing  | 
| 5 |  | 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 of  | 
| 3 |  | the duties of their employment or
commuting between their  | 
| 4 |  | homes and places of employment; and watchmen
while actually  | 
| 5 |  | 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 an agency
certified by the Department of  | 
| 10 |  | Financial and Professional Regulation, if their duties
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| 11 |  | include the carrying of a weapon under the provisions of  | 
| 12 |  | the Private
Detective, Private Alarm,
Private Security,  | 
| 13 |  | Fingerprint Vendor, and Locksmith Act of 2004,
while  | 
| 14 |  | actually
engaged in the performance of the duties of their  | 
| 15 |  | employment or commuting
between their homes and places of  | 
| 16 |  | employment, provided that such commuting
is accomplished  | 
| 17 |  | within one hour from departure from home or place of
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| 18 |  | employment, as the case may be. A person shall be  | 
| 19 |  | considered eligible for this
exemption if he or she has  | 
| 20 |  | completed the required 20
hours of training for a private  | 
| 21 |  | security contractor, private
detective, or private alarm  | 
| 22 |  | contractor, or employee of a licensed agency and 20 hours  | 
| 23 |  | of required firearm
training, and has been issued a firearm  | 
| 24 |  | control card by
the Department of Financial and  | 
| 25 |  | Professional Regulation. Conditions for the renewal of
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| 26 |  | firearm control cards issued under the provisions of this  | 
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| 1 |  | Section
shall be the same as for those cards issued under  | 
| 2 |  | the provisions of the
Private Detective, Private Alarm,
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| 3 |  | Private Security, Fingerprint Vendor, and Locksmith Act of  | 
| 4 |  | 2004. The
firearm control card shall be carried by the  | 
| 5 |  | private security contractor, private
detective, or private  | 
| 6 |  | alarm contractor, or employee of the licensed agency at all
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| 7 |  | times when he or she is in possession of a concealable  | 
| 8 |  | weapon.
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| 9 |  |   (6) Any person regularly employed in a commercial or  | 
| 10 |  | industrial
operation as a security guard for the protection  | 
| 11 |  | of persons employed
and private property related to such  | 
| 12 |  | commercial or industrial
operation, while actually engaged  | 
| 13 |  | in the performance of his or her
duty or traveling between  | 
| 14 |  | sites or properties belonging to the
employer, and who, as  | 
| 15 |  | a security guard, is a member of a security force of
at  | 
| 16 |  | least 5 persons registered with the Department of Financial  | 
| 17 |  | and Professional
Regulation; provided that such security  | 
| 18 |  | guard has successfully completed a
course of study,  | 
| 19 |  | approved by and supervised by the Department of
Financial  | 
| 20 |  | and Professional Regulation, consisting of not less than 40  | 
| 21 |  | hours of training
that includes the theory of law  | 
| 22 |  | enforcement, liability for acts, and the
handling of  | 
| 23 |  | weapons. A person shall be considered eligible for this
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| 24 |  | exemption if he or she has completed the required 20
hours  | 
| 25 |  | of training for a security officer and 20 hours of required  | 
| 26 |  | firearm
training, and has been issued a firearm control  | 
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| 1 |  | card by
the Department of Financial and Professional  | 
| 2 |  | Regulation. Conditions for the renewal of
firearm control  | 
| 3 |  | cards issued under the provisions of this Section
shall be  | 
| 4 |  | the same as for those cards issued under the provisions of  | 
| 5 |  | the
Private Detective, Private Alarm,
Private Security,  | 
| 6 |  | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm  | 
| 7 |  | control card shall be carried by the security guard at all
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| 8 |  | times when he or she is in possession of a concealable  | 
| 9 |  | weapon.
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| 10 |  |   (7) Agents and investigators of the Illinois  | 
| 11 |  | Legislative Investigating
Commission authorized by the  | 
| 12 |  | Commission to carry the weapons specified in
subsections  | 
| 13 |  | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| 14 |  | any investigation for the Commission.
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| 15 |  |   (8) Persons employed by a financial institution for the  | 
| 16 |  | protection of
other employees and property related to such  | 
| 17 |  | financial institution, while
actually engaged in the  | 
| 18 |  | performance of their duties, commuting between
their homes  | 
| 19 |  | and places of employment, or traveling between sites or
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| 20 |  | properties owned or operated by such financial  | 
| 21 |  | institution, provided that
any person so employed has  | 
| 22 |  | successfully completed a course of study,
approved by and  | 
| 23 |  | supervised by the Department of Financial and Professional  | 
| 24 |  | Regulation,
consisting of not less than 40 hours of  | 
| 25 |  | training which includes theory of
law enforcement,  | 
| 26 |  | liability for acts, and the handling of weapons.
A person  | 
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| 1 |  | shall be considered to be eligible for this exemption if he  | 
| 2 |  | or
she has completed the required 20 hours of training for  | 
| 3 |  | a security officer
and 20 hours of required firearm  | 
| 4 |  | training, and has been issued a
firearm control card by the  | 
| 5 |  | Department of Financial and Professional Regulation.
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| 6 |  | Conditions for renewal of firearm control cards issued  | 
| 7 |  | under the
provisions of this Section shall be the same as  | 
| 8 |  | for those issued under the
provisions of the Private  | 
| 9 |  | Detective, Private Alarm,
Private Security, Fingerprint  | 
| 10 |  | Vendor, and Locksmith Act of 2004.
Such firearm control  | 
| 11 |  | card shall be carried by the person so
trained at all times  | 
| 12 |  | when such person is in possession of a concealable
weapon.  | 
| 13 |  | For purposes of this subsection, "financial institution"  | 
| 14 |  | means a
bank, savings and loan association, credit union or  | 
| 15 |  | company providing
armored car services.
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| 16 |  |   (9) Any person employed by an armored car company to  | 
| 17 |  | drive an armored
car, while actually engaged in the  | 
| 18 |  | performance of his duties.
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| 19 |  |   (10) Persons who have been classified as peace officers  | 
| 20 |  | pursuant
to the Peace Officer Fire Investigation Act.
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| 21 |  |   (11) Investigators of the Office of the State's  | 
| 22 |  | Attorneys Appellate
Prosecutor authorized by the board of  | 
| 23 |  | governors of the Office of the
State's Attorneys Appellate  | 
| 24 |  | Prosecutor to carry weapons pursuant to
Section 7.06 of the  | 
| 25 |  | State's Attorneys Appellate Prosecutor's Act.
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| 26 |  |   (12) Special investigators appointed by a State's  | 
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| 1 |  | Attorney under
Section 3-9005 of the Counties Code.
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| 2 |  |   (12.5) Probation officers while in the performance of  | 
| 3 |  | their duties, or
while commuting between their homes,  | 
| 4 |  | places of employment or specific locations
that are part of  | 
| 5 |  | their assigned duties, with the consent of the chief judge  | 
| 6 |  | of
the circuit for which they are employed.
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| 7 |  |   (13) Court Security Officers while in the performance  | 
| 8 |  | of their official
duties, or while commuting between their  | 
| 9 |  | homes and places of employment, with
the
consent of the  | 
| 10 |  | Sheriff.
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| 11 |  |   (13.5) A person employed as an armed security guard at  | 
| 12 |  | a nuclear energy,
storage, weapons or development site or  | 
| 13 |  | facility regulated by the Nuclear
Regulatory Commission  | 
| 14 |  | who has completed the background screening and training
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| 15 |  | mandated by the rules and regulations of the Nuclear  | 
| 16 |  | Regulatory Commission.
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| 17 |  |   (14) Manufacture, transportation, or sale of weapons  | 
| 18 |  | to
persons
authorized under subdivisions (1) through  | 
| 19 |  | (13.5) of this
subsection
to
possess those weapons.
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| 20 |  |  (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section  | 
| 21 |  | 24-1.6 do not
apply to or affect
any of the following:
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| 22 |  |   (1) Members of any club or organization organized for  | 
| 23 |  | the purpose of
practicing shooting at targets upon  | 
| 24 |  | established target ranges, whether
public or private, and  | 
| 25 |  | patrons of such ranges, while such members
or patrons are  | 
| 26 |  | using their firearms on those target ranges.
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| 1 |  |   (2) Duly authorized military or civil organizations  | 
| 2 |  | while parading,
with the special permission of the  | 
| 3 |  | Governor.
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| 4 |  |   (3) Hunters, trappers or fishermen with a license or
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| 5 |  | permit while engaged in hunting,
trapping or fishing.
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| 6 |  |   (4) Transportation of weapons that are broken down in a
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| 7 |  | non-functioning state or are not immediately accessible.
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| 8 |  |   (5) Carrying or possessing any pistol, revolver, stun  | 
| 9 |  | gun or taser or other firearm on the land or in the legal  | 
| 10 |  | dwelling of another person as an invitee with that person's  | 
| 11 |  | permission.  | 
| 12 |  |  (c) Subsection 24-1(a)(7) does not apply to or affect any  | 
| 13 |  | of the
following:
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| 14 |  |   (1) Peace officers while in performance of their  | 
| 15 |  | official duties.
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| 16 |  |   (2) Wardens, superintendents and keepers of prisons,  | 
| 17 |  | penitentiaries,
jails and other institutions for the  | 
| 18 |  | detention of persons accused or
convicted of an offense.
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| 19 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 20 |  | the United States
or the Illinois National Guard, while in  | 
| 21 |  | the performance of their official
duty.
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| 22 |  |   (4) Manufacture, transportation, or sale of machine  | 
| 23 |  | guns to persons
authorized under subdivisions (1) through  | 
| 24 |  | (3) of this subsection to
possess machine guns, if the  | 
| 25 |  | machine guns are broken down in a
non-functioning state or  | 
| 26 |  | are not immediately accessible.
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| 1 |  |   (5) Persons licensed under federal law to manufacture  | 
| 2 |  | any weapon from
which 8 or more shots or bullets can be  | 
| 3 |  | discharged by a
single function of the firing device, or  | 
| 4 |  | ammunition for such weapons, and
actually engaged in the  | 
| 5 |  | business of manufacturing such weapons or
ammunition, but  | 
| 6 |  | only with respect to activities which are within the lawful
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| 7 |  | scope of such business, such as the manufacture,  | 
| 8 |  | transportation, or testing
of such weapons or ammunition.  | 
| 9 |  | This exemption does not authorize the
general private  | 
| 10 |  | possession of any weapon from which 8 or more
shots or  | 
| 11 |  | bullets can be discharged by a single function of the  | 
| 12 |  | firing
device, but only such possession and activities as  | 
| 13 |  | are within the lawful
scope of a licensed manufacturing  | 
| 14 |  | business described in this paragraph.
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| 15 |  |   During transportation, such weapons shall be broken  | 
| 16 |  | down in a
non-functioning state or not immediately  | 
| 17 |  | accessible.
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| 18 |  |   (6) The manufacture, transport, testing, delivery,  | 
| 19 |  | transfer or sale,
and all lawful commercial or experimental  | 
| 20 |  | activities necessary thereto, of
rifles, shotguns, and  | 
| 21 |  | weapons made from rifles or shotguns,
or ammunition for  | 
| 22 |  | such rifles, shotguns or weapons, where engaged in
by a  | 
| 23 |  | person operating as a contractor or subcontractor pursuant  | 
| 24 |  | to a
contract or subcontract for the development and supply  | 
| 25 |  | of such rifles,
shotguns, weapons or ammunition to the  | 
| 26 |  | United States government or any
branch of the Armed Forces  | 
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| 1 |  | of the United States, when such activities are
necessary  | 
| 2 |  | and incident to fulfilling the terms of such contract.
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| 3 |  |   The exemption granted under this subdivision (c)(6)
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| 4 |  | shall also apply to any authorized agent of any such  | 
| 5 |  | contractor or
subcontractor who is operating within the  | 
| 6 |  | scope of his employment, where
such activities involving  | 
| 7 |  | such weapon, weapons or ammunition are necessary
and  | 
| 8 |  | incident to fulfilling the terms of such contract.
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| 9 |  |   During transportation, any such weapon shall be broken  | 
| 10 |  | down in a
non-functioning state, or not immediately  | 
| 11 |  | accessible.
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| 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 (B)  | 
| 16 |  | the person is an active member of a bona fide, nationally  | 
| 17 |  | recognized military re-enacting group and the modification  | 
| 18 |  | is required and necessary to accurately portray the weapon  | 
| 19 |  | for historical re-enactment purposes; the re-enactor is in  | 
| 20 |  | possession of a valid and current re-enacting group  | 
| 21 |  | membership credential; and the overall length of the weapon  | 
| 22 |  | as modified is not less than 26 inches. | 
| 23 |  |   During transportation, any such weapon shall be broken  | 
| 24 |  | down in a
non-functioning state, or not immediately  | 
| 25 |  | accessible.
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| 26 |  |  (d) Subsection 24-1(a)(1) does not apply to the purchase,  | 
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| 1 |  | possession
or carrying of a black-jack or slung-shot by a peace  | 
| 2 |  | officer.
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| 3 |  |  (e) Subsection 24-1(a)(8) does not apply to any owner,  | 
| 4 |  | manager or
authorized employee of any place specified in that  | 
| 5 |  | subsection nor to any
law enforcement officer.
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| 6 |  |  (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and  | 
| 7 |  | Section 24-1.6
do not apply
to members of any club or  | 
| 8 |  | organization organized for the purpose of practicing
shooting  | 
| 9 |  | at targets upon established target ranges, whether public or  | 
| 10 |  | private,
while using their firearms on those target ranges.
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| 11 |  |  (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply  | 
| 12 |  | to:
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| 13 |  |   (1) Members of the Armed Services or Reserve Forces of  | 
| 14 |  | the United
States or the Illinois National Guard, while in  | 
| 15 |  | the performance of their
official duty.
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| 16 |  |   (2) Bonafide collectors of antique or surplus military  | 
| 17 |  | ordinance.
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| 18 |  |   (3) Laboratories having a department of forensic  | 
| 19 |  | ballistics, or
specializing in the development of  | 
| 20 |  | ammunition or explosive ordinance.
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| 21 |  |   (4) Commerce, preparation, assembly or possession of  | 
| 22 |  | explosive
bullets by manufacturers of ammunition licensed  | 
| 23 |  | by the federal government,
in connection with the supply of  | 
| 24 |  | those organizations and persons exempted
by subdivision  | 
| 25 |  | (g)(1) of this Section, or like organizations and persons
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| 26 |  | outside this State, or the transportation of explosive  | 
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| 1 |  | bullets to any
organization or person exempted in this  | 
| 2 |  | Section by a common carrier or by a
vehicle owned or leased  | 
| 3 |  | by an exempted manufacturer.
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| 4 |  |  (g-5) Subsection 24-1(a)(6) does not apply to or affect  | 
| 5 |  | persons licensed
under federal law to manufacture any device or  | 
| 6 |  | attachment of any kind designed,
used, or intended for use in  | 
| 7 |  | silencing the report of any firearm, firearms, or
ammunition
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| 8 |  | for those firearms equipped with those devices, and actually  | 
| 9 |  | engaged in the
business of manufacturing those devices,  | 
| 10 |  | firearms, or ammunition, but only with
respect to
activities  | 
| 11 |  | that are within the lawful scope of that business, such as the
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| 12 |  | manufacture, transportation, or testing of those devices,  | 
| 13 |  | firearms, or
ammunition. This
exemption does not authorize the  | 
| 14 |  | general private possession of any device or
attachment of any  | 
| 15 |  | kind designed, used, or intended for use in silencing the
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| 16 |  | report of any firearm, but only such possession and activities  | 
| 17 |  | as are within
the
lawful scope of a licensed manufacturing  | 
| 18 |  | business described in this subsection
(g-5). During  | 
| 19 |  | transportation, these devices shall be detached from any weapon
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| 20 |  | or
not immediately accessible.
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| 21 |  |  (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 22 |  | 24-1.6 do not apply to
or affect any parole agent or parole  | 
| 23 |  | supervisor who meets the qualifications and conditions  | 
| 24 |  | prescribed in Section 3-14-1.5 of the Unified Code of  | 
| 25 |  | Corrections.  | 
| 26 |  |  (g-7) Subsection 24-1(a)(6) does not apply to a peace  | 
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| 1 |  | officer while serving as a member of a tactical response team  | 
| 2 |  | or special operations team. A peace officer may not personally  | 
| 3 |  | own or apply for ownership of a device or attachment of any  | 
| 4 |  | kind designed, used, or intended for use in silencing the  | 
| 5 |  | report of any firearm. These devices shall be owned and  | 
| 6 |  | maintained by lawfully recognized units of government whose  | 
| 7 |  | duties include the investigation of criminal acts. | 
| 8 |  |  (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and  | 
| 9 |  | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an  | 
| 10 |  | athlete's possession, transport on official Olympic and  | 
| 11 |  | Paralympic transit systems established for athletes, or use of  | 
| 12 |  | competition firearms sanctioned by the International Olympic  | 
| 13 |  | Committee, the International Paralympic Committee, the  | 
| 14 |  | International Shooting Sport Federation, or USA Shooting in  | 
| 15 |  | connection with such athlete's training for and participation  | 
| 16 |  | in shooting competitions at the 2016 Olympic and Paralympic  | 
| 17 |  | Games and sanctioned test events leading up to the 2016 Olympic  | 
| 18 |  | and Paralympic Games.  | 
| 19 |  |  (h) An information or indictment based upon a violation of  | 
| 20 |  | any
subsection of this Article need not negative any exemptions  | 
| 21 |  | contained in
this Article. The defendant shall have the burden  | 
| 22 |  | of proving such an
exemption.
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| 23 |  |  (i) Nothing in this Article shall prohibit, apply to, or  | 
| 24 |  | affect
the transportation, carrying, or possession, of any  | 
| 25 |  | pistol or revolver,
stun gun, taser, or other firearm consigned  | 
| 26 |  | to a common carrier operating
under license of the State of  | 
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| 1 |  | Illinois or the federal government, where
such transportation,  | 
| 2 |  | carrying, or possession is incident to the lawful
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| 3 |  | transportation in which such common carrier is engaged; and  | 
| 4 |  | nothing in this
Article shall prohibit, apply to, or affect the  | 
| 5 |  | transportation, carrying,
or possession of any pistol,  | 
| 6 |  | revolver, stun gun, taser, or other firearm,
not the subject of  | 
| 7 |  | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of  | 
| 8 |  | this Article, which is unloaded and enclosed in a case, firearm
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| 9 |  | carrying box, shipping box, or other container, by the  | 
| 10 |  | possessor of a valid
Firearm Owners Identification Card.
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| 11 |  | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,  | 
| 12 |  | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;  | 
| 13 |  | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;  | 
| 14 |  | revised 8-23-12.)
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| 15 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 16 |  | becoming law. 
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