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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2652 Introduced 4/25/2025, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-2 | |
| Provides that the Act may be referred to as the Responsible Gun Manufacturing Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly manufactures, sells, or offers to sell, purchases, receives, manufactures, imports, or transfers a convertible pistol. Establishes penalties. Provides exemptions. Provides that a machine gun also includes any convertible pistol equipped with a switch. Defines "convertible pistol", "switch", and "common household tool". Contains a severability provision. |
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| | A BILL FOR |
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1 | | AN ACT concerning firearms.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. This Act may be referred to as the Responsible |
5 | | Gun Manufacturing Act.
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6 | | Section 5. The Criminal Code of 2012 is amended by |
7 | | changing Sections 24-1 and 24-2 as follows:
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8 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) |
9 | | Sec. 24-1. Unlawful possession of weapons. |
10 | | (a) A person commits the offense of unlawful possession of |
11 | | weapons when he knowingly: |
12 | | (1) Sells, manufactures, purchases, possesses or |
13 | | carries any bludgeon, black-jack, slung-shot, sand-club, |
14 | | sand-bag, metal knuckles or other knuckle weapon |
15 | | regardless of its composition, throwing star, or any |
16 | | knife, commonly referred to as a switchblade knife, which |
17 | | has a blade that opens automatically by hand pressure |
18 | | applied to a button, spring or other device in the handle |
19 | | of the knife, or a ballistic knife, which is a device that |
20 | | propels a knifelike blade as a projectile by means of a |
21 | | coil spring, elastic material or compressed gas; or |
22 | | (2) Carries or possesses with intent to use the same |
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1 | | unlawfully against another, a dagger, dirk, billy, |
2 | | dangerous knife, razor, stiletto, broken bottle or other |
3 | | piece of glass, stun gun or taser or any other dangerous or |
4 | | deadly weapon or instrument of like character; or |
5 | | (2.5) Carries or possesses with intent to use the same |
6 | | unlawfully against another, any firearm in a church, |
7 | | synagogue, mosque, or other building, structure, or place |
8 | | used for religious worship; or |
9 | | (3) Carries on or about his person or in any vehicle, a |
10 | | tear gas gun projector or bomb or any object containing |
11 | | noxious liquid gas or substance, other than an object |
12 | | containing a non-lethal noxious liquid gas or substance |
13 | | designed solely for personal defense carried by a person |
14 | | 18 years of age or older; or |
15 | | (4) Carries or possesses in any vehicle or concealed |
16 | | on or about his person except when on his land or in his |
17 | | own abode, legal dwelling, or fixed place of business, or |
18 | | on the land or in the legal dwelling of another person as |
19 | | an invitee with that person's permission, any pistol, |
20 | | revolver, stun gun or taser or other firearm, except that |
21 | | this subsection (a)(4) does not apply to or affect |
22 | | transportation of weapons that meet one of the following |
23 | | conditions: |
24 | | (i) are broken down in a non-functioning state; or |
25 | | (ii) are not immediately accessible; or |
26 | | (iii) are unloaded and enclosed in a case, firearm |
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1 | | carrying box, shipping box, or other container by a |
2 | | person who has been issued a currently valid Firearm |
3 | | Owner's Identification Card; or |
4 | | (iv) are carried or possessed in accordance with |
5 | | the Firearm Concealed Carry Act by a person who has |
6 | | been issued a currently valid license under the |
7 | | Firearm Concealed Carry Act; or |
8 | | (5) Sets a spring gun; or |
9 | | (6) Possesses any device or attachment of any kind |
10 | | designed, used or intended for use in silencing the report |
11 | | of any firearm; or |
12 | | (7) Sells, manufactures, purchases, possesses or |
13 | | carries: |
14 | | (i) a machine gun, which shall be defined for the |
15 | | purposes of this subsection as any weapon, which |
16 | | shoots, is designed to shoot, or can be readily |
17 | | restored to shoot, automatically more than one shot |
18 | | without manually reloading by a single function of the |
19 | | trigger, including the frame or receiver of any such |
20 | | weapon, or sells, manufactures, purchases, possesses, |
21 | | or carries any combination of parts designed or |
22 | | intended for use in converting any weapon into a |
23 | | machine gun, or any combination or parts from which a |
24 | | machine gun can be assembled if such parts are in the |
25 | | possession or under the control of a person . Machine |
26 | | gun also includes any convertible pistol equipped with |
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1 | | a switch, as defined in paragraph (17) of this |
2 | | subsection (a); or ; |
3 | | (ii) any rifle having one or more barrels less |
4 | | than 16 inches in length or a shotgun having one or |
5 | | more barrels less than 18 inches in length or any |
6 | | weapon made from a rifle or shotgun, whether by |
7 | | alteration, modification, or otherwise, if such a |
8 | | weapon as modified has an overall length of less than |
9 | | 26 inches; or |
10 | | (iii) any bomb, bomb-shell, grenade, bottle or |
11 | | other container containing an explosive substance of |
12 | | over one-quarter ounce for like purposes, such as, but |
13 | | not limited to, black powder bombs and Molotov |
14 | | cocktails or artillery projectiles; or |
15 | | (8) Carries or possesses any firearm, stun gun or |
16 | | taser or other deadly weapon in any place which is |
17 | | licensed to sell intoxicating beverages, or at any public |
18 | | gathering held pursuant to a license issued by any |
19 | | governmental body or any public gathering at which an |
20 | | admission is charged, excluding a place where a showing, |
21 | | demonstration or lecture involving the exhibition of |
22 | | unloaded firearms is conducted. |
23 | | This subsection (a)(8) does not apply to any auction |
24 | | or raffle of a firearm held pursuant to a license or permit |
25 | | issued by a governmental body, nor does it apply to |
26 | | persons engaged in firearm safety training courses; or |
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1 | | (9) Carries or possesses in a vehicle or on or about |
2 | | his or her person any pistol, revolver, stun gun or taser |
3 | | or firearm or ballistic knife, when he or she is hooded, |
4 | | robed or masked in such manner as to conceal his or her |
5 | | identity; or |
6 | | (10) Carries or possesses on or about his or her |
7 | | person, upon any public street, alley, or other public |
8 | | lands within the corporate limits of a city, village, or |
9 | | incorporated town, except when an invitee thereon or |
10 | | therein, for the purpose of the display of such weapon or |
11 | | the lawful commerce in weapons, or except when on his land |
12 | | or in his or her own abode, legal dwelling, or fixed place |
13 | | of business, or on the land or in the legal dwelling of |
14 | | another person as an invitee with that person's |
15 | | permission, any pistol, revolver, stun gun, or taser or |
16 | | other firearm, except that this subsection (a)(10) does |
17 | | not apply to or affect transportation of weapons that meet |
18 | | one of the following conditions: |
19 | | (i) are broken down in a non-functioning state; or |
20 | | (ii) are not immediately accessible; or |
21 | | (iii) are unloaded and enclosed in a case, firearm |
22 | | carrying box, shipping box, or other container by a |
23 | | person who has been issued a currently valid Firearm |
24 | | Owner's Identification Card; or |
25 | | (iv) are carried or possessed in accordance with |
26 | | the Firearm Concealed Carry Act by a person who has |
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1 | | been issued a currently valid license under the |
2 | | Firearm Concealed Carry Act. |
3 | | A "stun gun or taser", as used in this paragraph (a) |
4 | | means (i) any device which is powered by electrical |
5 | | charging units, such as, batteries, and which fires one or |
6 | | several barbs attached to a length of wire and which, upon |
7 | | hitting a human, can send out a current capable of |
8 | | disrupting the person's nervous system in such a manner as |
9 | | to render him incapable of normal functioning or (ii) any |
10 | | device which is powered by electrical charging units, such |
11 | | as batteries, and which, upon contact with a human or |
12 | | clothing worn by a human, can send out current capable of |
13 | | disrupting the person's nervous system in such a manner as |
14 | | to render him incapable of normal functioning; or |
15 | | (11) Sells, manufactures, delivers, imports, |
16 | | possesses, or purchases any assault weapon attachment or |
17 | | .50 caliber cartridge in violation of Section 24-1.9 or |
18 | | any explosive bullet. For purposes of this paragraph (a) |
19 | | "explosive bullet" means the projectile portion of an |
20 | | ammunition cartridge which contains or carries an |
21 | | explosive charge which will explode upon contact with the |
22 | | flesh of a human or an animal. "Cartridge" means a tubular |
23 | | metal case having a projectile affixed at the front |
24 | | thereof and a cap or primer at the rear end thereof, with |
25 | | the propellant contained in such tube between the |
26 | | projectile and the cap; or |
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1 | | (12) (Blank); or |
2 | | (13) Carries or possesses on or about his or her |
3 | | person while in a building occupied by a unit of |
4 | | government, a billy club, other weapon of like character, |
5 | | or other instrument of like character intended for use as |
6 | | a weapon. For the purposes of this Section, "billy club" |
7 | | means a short stick or club commonly carried by police |
8 | | officers which is either telescopic or constructed of a |
9 | | solid piece of wood or other man-made material; or |
10 | | (14) Manufactures, possesses, sells, or offers to |
11 | | sell, purchase, manufacture, import, transfer, or use any |
12 | | device, part, kit, tool, accessory, or combination of |
13 | | parts that is designed to and functions to increase the |
14 | | rate of fire of a semiautomatic firearm above the standard |
15 | | rate of fire for semiautomatic firearms that is not |
16 | | equipped with that device, part, or combination of parts; |
17 | | or |
18 | | (15) Carries or possesses any assault weapon or .50 |
19 | | caliber rifle in violation of Section 24-1.9; or |
20 | | (16) Manufactures, sells, delivers, imports, or |
21 | | purchases any assault weapon or .50 caliber rifle in |
22 | | violation of Section 24-1.9 ; or . |
23 | | (17) Manufactures, sells, or offers to sell, |
24 | | purchases, receives, manufactures, imports, or transfers a |
25 | | convertible pistol. In this paragraph (17): |
26 | | "Convertible pistol" means any semiautomatic pistol |
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1 | | with a cruciform trigger bar that can be readily converted |
2 | | by hand or with common household tools into a machine gun |
3 | | by the installation or attachment of a switch as a |
4 | | replacement for the slide's backplate without any |
5 | | additional engineering, machining, or modification of the |
6 | | pistol's trigger mechanism. "Machine gun-convertible |
7 | | pistol" does not include a hammer-fired semiautomatic |
8 | | pistol or a striker-fired semiautomatic pistol that lacks |
9 | | a cruciform trigger bar, but instead has a trigger bar |
10 | | that is shielded from interference by a pistol converter. |
11 | | A polymer notch or other piece of polymer molded into the |
12 | | rear of the pistol frame does not prevent ready conversion |
13 | | into a machine gun and will not prevent a pistol from |
14 | | qualifying as convertible under this definition. |
15 | | "Switch" means any device or instrument that when |
16 | | installed in or attached to the slide of a semi-automatic |
17 | | pistol interferes with the trigger mechanism and thereby |
18 | | enables the pistol to discharge a number of shots rapidly |
19 | | or automatically with one continuous pull of the trigger. |
20 | | "Common household tool" means a screwdriver (8 to 10 |
21 | | inches in length, flathead or phillips, flathead sizes up |
22 | | to 5/8 inches), pipe wrenches (9 1/2 to 10 inches in |
23 | | length), vice grip pliers (9 1/2 to 10 inches in length), |
24 | | other pliers (9 1/2 to 10 inches arch joint, 6 to 6 |
25 | | 1/2-inch slip joint, 6 to 6 1/2-inch long nose), hacksaws |
26 | | (12-inch standard carbon steel blade), crowbars (16-inch), |
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1 | | electric/cordless drills (1/3 horsepower corded/9.6 volt |
2 | | cordless), hammers (16-ounce), chisels (1/4-inch to 1-inch |
3 | | blade width wood chisels), and crescent wrenches |
4 | | (10-inch). |
5 | | (b) Sentence. A person convicted of a violation of |
6 | | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), |
7 | | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) |
8 | | commits a Class A misdemeanor. A person convicted of a |
9 | | violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a |
10 | | Class 4 felony; a person convicted of a violation of |
11 | | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or |
12 | | 24-1(a)(16) commits a Class 3 felony. A person convicted of a |
13 | | violation of subsection 24-1(a)(7)(i) or 24-1(a)(17) commits a |
14 | | Class 2 felony and shall be sentenced to a term of imprisonment |
15 | | of not less than 3 years and not more than 7 years, unless the |
16 | | weapon is possessed in the passenger compartment of a motor |
17 | | vehicle as defined in Section 1-146 of the Illinois Vehicle |
18 | | Code, or on the person, while the weapon is loaded, in which |
19 | | case it shall be a Class X felony. A person convicted of a |
20 | | second or subsequent violation of subsection 24-1(a)(4), |
21 | | 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a |
22 | | Class 3 felony. A person convicted of a violation of |
23 | | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 |
24 | | felony. The possession of each weapon or device in violation |
25 | | of this Section constitutes a single and separate violation. |
26 | | (c) Violations in specific places. |
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1 | | (1) A person who violates subsection 24-1(a)(6) or |
2 | | 24-1(a)(7) in any school, regardless of the time of day or |
3 | | the time of year, in residential property owned, operated |
4 | | or managed by a public housing agency or leased by a public |
5 | | housing agency as part of a scattered site or mixed-income |
6 | | development, in a public park, in a courthouse, on the |
7 | | real property comprising any school, regardless of the |
8 | | time of day or the time of year, on residential property |
9 | | owned, operated or managed by a public housing agency or |
10 | | leased by a public housing agency as part of a scattered |
11 | | site or mixed-income development, on the real property |
12 | | comprising any public park, on the real property |
13 | | comprising any courthouse, in any conveyance owned, leased |
14 | | or contracted by a school to transport students to or from |
15 | | school or a school related activity, in any conveyance |
16 | | owned, leased, or contracted by a public transportation |
17 | | agency, or on any public way within 1,000 feet of the real |
18 | | property comprising any school, public park, courthouse, |
19 | | public transportation facility, or residential property |
20 | | owned, operated, or managed by a public housing agency or |
21 | | leased by a public housing agency as part of a scattered |
22 | | site or mixed-income development commits a Class 2 felony |
23 | | and shall be sentenced to a term of imprisonment of not |
24 | | less than 3 years and not more than 7 years. |
25 | | (1.5) A person who violates subsection 24-1(a)(4), |
26 | | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of |
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1 | | the time of day or the time of year, in residential |
2 | | property owned, operated, or managed by a public housing |
3 | | agency or leased by a public housing agency as part of a |
4 | | scattered site or mixed-income development, in a public |
5 | | park, in a courthouse, on the real property comprising any |
6 | | school, regardless of the time of day or the time of year, |
7 | | on residential property owned, operated, or managed by a |
8 | | public housing agency or leased by a public housing agency |
9 | | as part of a scattered site or mixed-income development, |
10 | | on the real property comprising any public park, on the |
11 | | real property comprising any courthouse, in any conveyance |
12 | | owned, leased, or contracted by a school to transport |
13 | | students to or from school or a school related activity, |
14 | | in any conveyance owned, leased, or contracted by a public |
15 | | transportation agency, or on any public way within 1,000 |
16 | | feet of the real property comprising any school, public |
17 | | park, courthouse, public transportation facility, or |
18 | | residential property owned, operated, or managed by a |
19 | | public housing agency or leased by a public housing agency |
20 | | as part of a scattered site or mixed-income development |
21 | | commits a Class 3 felony. |
22 | | (2) A person who violates subsection 24-1(a)(1), |
23 | | 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the |
24 | | time of day or the time of year, in residential property |
25 | | owned, operated or managed by a public housing agency or |
26 | | leased by a public housing agency as part of a scattered |
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1 | | site or mixed-income development, in a public park, in a |
2 | | courthouse, on the real property comprising any school, |
3 | | regardless of the time of day or the time of year, on |
4 | | residential property owned, operated or managed by a |
5 | | public housing agency or leased by a public housing agency |
6 | | as part of a scattered site or mixed-income development, |
7 | | on the real property comprising any public park, on the |
8 | | real property comprising any courthouse, in any conveyance |
9 | | owned, leased or contracted by a school to transport |
10 | | students to or from school or a school related activity, |
11 | | in any conveyance owned, leased, or contracted by a public |
12 | | transportation agency, or on any public way within 1,000 |
13 | | feet of the real property comprising any school, public |
14 | | park, courthouse, public transportation facility, or |
15 | | residential property owned, operated, or managed by a |
16 | | public housing agency or leased by a public housing agency |
17 | | as part of a scattered site or mixed-income development |
18 | | commits a Class 4 felony. "Courthouse" means any building |
19 | | that is used by the Circuit, Appellate, or Supreme Court |
20 | | of this State for the conduct of official business. |
21 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
22 | | (c) shall not apply to law enforcement officers or |
23 | | security officers of such school, college, or university |
24 | | or to students carrying or possessing firearms for use in |
25 | | training courses, parades, hunting, target shooting on |
26 | | school ranges, or otherwise with the consent of school |
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1 | | authorities and which firearms are transported unloaded |
2 | | enclosed in a suitable case, box, or transportation |
3 | | package. |
4 | | (4) For the purposes of this subsection (c), "school" |
5 | | means any public or private elementary or secondary |
6 | | school, community college, college, or university. |
7 | | (5) For the purposes of this subsection (c), "public |
8 | | transportation agency" means a public or private agency |
9 | | that provides for the transportation or conveyance of |
10 | | persons by means available to the general public, except |
11 | | for transportation by automobiles not used for conveyance |
12 | | of the general public as passengers; and "public |
13 | | transportation facility" means a terminal or other place |
14 | | where one may obtain public transportation. |
15 | | (d) The presence in an automobile other than a public |
16 | | omnibus of any weapon, instrument or substance referred to in |
17 | | subsection (a)(7) is prima facie evidence that it is in the |
18 | | possession of, and is being carried by, all persons occupying |
19 | | such automobile at the time such weapon, instrument or |
20 | | substance is found, except under the following circumstances: |
21 | | (i) if such weapon, instrument or instrumentality is found |
22 | | upon the person of one of the occupants therein; or (ii) if |
23 | | such weapon, instrument or substance is found in an automobile |
24 | | operated for hire by a duly licensed driver in the due, lawful |
25 | | and proper pursuit of his or her trade, then such presumption |
26 | | shall not apply to the driver. |
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1 | | (e) Exemptions. |
2 | | (1) Crossbows, Common or Compound bows and Underwater |
3 | | Spearguns are exempted from the definition of ballistic |
4 | | knife as defined in paragraph (1) of subsection (a) of |
5 | | this Section. |
6 | | (2) The provision of paragraph (1) of subsection (a) |
7 | | of this Section prohibiting the sale, manufacture, |
8 | | purchase, possession, or carrying of any knife, commonly |
9 | | referred to as a switchblade knife, which has a blade that |
10 | | opens automatically by hand pressure applied to a button, |
11 | | spring or other device in the handle of the knife, does not |
12 | | apply to a person who possesses a currently valid Firearm |
13 | | Owner's Identification Card previously issued in his or |
14 | | her name by the Illinois State Police or to a person or an |
15 | | entity engaged in the business of selling or manufacturing |
16 | | switchblade knives. |
17 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; |
18 | | 103-822, eff. 1-1-25 .)
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19 | | (720 ILCS 5/24-2) |
20 | | Sec. 24-2. Exemptions. |
21 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
22 | | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of |
23 | | the following: |
24 | | (1) Peace officers, and any person summoned by a peace |
25 | | officer to assist in making arrests or preserving the |
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1 | | peace, while actually engaged in assisting such officer. |
2 | | (2) Wardens, superintendents , and keepers of prisons, |
3 | | penitentiaries, jails , and other institutions for the |
4 | | detention of persons accused or convicted of an offense, |
5 | | while in the performance of their official duty, or while |
6 | | commuting between their homes and places of employment. |
7 | | (3) Members of the Armed Services or Reserve Forces of |
8 | | the United States or the Illinois National Guard or the |
9 | | Reserve Officers Training Corps, while in the performance |
10 | | of their official duty. |
11 | | (4) Special agents employed by a railroad or a public |
12 | | utility to perform police functions, and guards of armored |
13 | | car companies, while actually engaged in the performance |
14 | | of the duties of their employment or commuting between |
15 | | their homes and places of employment; and watchmen while |
16 | | actually engaged in the performance of the duties of their |
17 | | employment. |
18 | | (5) Persons licensed as private security contractors, |
19 | | private detectives, or private alarm contractors, or |
20 | | employed by a private security contractor, private |
21 | | detective, or private alarm contractor agency licensed by |
22 | | the Department of Financial and Professional Regulation, |
23 | | if their duties include the carrying of a weapon under the |
24 | | provisions of the Private Detective, Private Alarm, |
25 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
26 | | 2004, while actually engaged in the performance of the |
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1 | | duties of their employment or commuting between their |
2 | | homes and places of employment. A person shall be |
3 | | considered eligible for this exemption if he or she has |
4 | | completed the required 20 hours of training for a private |
5 | | security contractor, private detective, or private alarm |
6 | | contractor, or employee of a licensed private security |
7 | | contractor, private detective, or private alarm contractor |
8 | | agency and 28 hours of required firearm training, and has |
9 | | been issued a firearm control card by the Department of |
10 | | Financial and Professional Regulation. Conditions for the |
11 | | renewal of firearm control cards issued under the |
12 | | provisions of this Section shall be the same as for those |
13 | | cards 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 private security contractor, |
17 | | private detective, or private alarm contractor, or |
18 | | employee of the licensed private security contractor, |
19 | | private detective, or private alarm contractor agency at |
20 | | all times when he or she is in possession of a concealable |
21 | | weapon permitted by his or her firearm control card. |
22 | | (6) Any person regularly employed in a commercial or |
23 | | industrial operation as a security guard for the |
24 | | protection of persons employed and private property |
25 | | related to such commercial or industrial operation, while |
26 | | actually engaged in the performance of his or her duty or |
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1 | | traveling between sites or properties belonging to the |
2 | | employer, and who, as a security guard, is a member of a |
3 | | security force registered with the Department of Financial |
4 | | and Professional Regulation; provided that such security |
5 | | guard has successfully completed a course of study, |
6 | | approved by and supervised by the Department of Financial |
7 | | and Professional Regulation, consisting of not less than |
8 | | 48 hours of training that includes the theory of law |
9 | | enforcement, liability for acts, and the handling of |
10 | | weapons. A person shall be considered eligible for this |
11 | | exemption if he or she has completed the required 20 hours |
12 | | of training for a security officer and 28 hours of |
13 | | required firearm training, and has been issued a firearm |
14 | | control card by the Department of Financial and |
15 | | Professional Regulation. Conditions for the renewal of |
16 | | firearm control cards issued under the provisions of this |
17 | | Section shall be the same as for those cards issued under |
18 | | the provisions of the Private Detective, Private Alarm, |
19 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
20 | | 2004. The firearm control card shall be carried by the |
21 | | security guard at all times when he or she is in possession |
22 | | of a concealable weapon permitted by his or her firearm |
23 | | control card. |
24 | | (7) Agents and investigators of the Illinois |
25 | | Legislative Investigating Commission authorized by the |
26 | | Commission to carry the weapons specified in subsections |
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1 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of |
2 | | any investigation for the Commission. |
3 | | (8) Persons employed by a financial institution as a |
4 | | security guard for the protection of other employees and |
5 | | property related to such financial institution, while |
6 | | actually engaged in the performance of their duties, |
7 | | commuting between their homes and places of employment, or |
8 | | traveling between sites or properties owned or operated by |
9 | | such financial institution, and who, as a security guard, |
10 | | is a member of a security force registered with the |
11 | | Department; provided that any person so employed has |
12 | | successfully completed a course of study, approved by and |
13 | | supervised by the Department of Financial and Professional |
14 | | Regulation, consisting of not less than 48 hours of |
15 | | training which includes theory of law enforcement, |
16 | | liability for acts, and the handling of weapons. A person |
17 | | shall be considered to be eligible for this exemption if |
18 | | he or she has completed the required 20 hours of training |
19 | | for a security officer and 28 hours of required firearm |
20 | | training, and has been issued a firearm control card by |
21 | | the Department of Financial and Professional Regulation. |
22 | | Conditions for renewal of firearm control cards issued |
23 | | under the provisions of this Section shall be the same as |
24 | | for those issued under the provisions of the Private |
25 | | Detective, Private Alarm, Private Security, Fingerprint |
26 | | Vendor, and Locksmith Act of 2004. The firearm control |
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1 | | card shall be carried by the security guard at all times |
2 | | when he or she is in possession of a concealable weapon |
3 | | permitted by his or her firearm control card. For purposes |
4 | | of this subsection, "financial institution" means a bank, |
5 | | savings and loan association, credit union , or company |
6 | | providing armored car services. |
7 | | (9) Any person employed by an armored car company to |
8 | | drive an armored car, while actually engaged in the |
9 | | performance of his duties. |
10 | | (10) Persons who have been classified as peace |
11 | | officers pursuant to the Peace Officer Fire Investigation |
12 | | Act. |
13 | | (11) Investigators of the Office of the State's |
14 | | Attorneys Appellate Prosecutor authorized by the board of |
15 | | governors of the Office of the State's Attorneys Appellate |
16 | | Prosecutor to carry weapons pursuant to Section 7.06 of |
17 | | the State's Attorneys Appellate Prosecutor's Act. |
18 | | (12) Special investigators appointed by a State's |
19 | | Attorney under Section 3-9005 of the Counties Code. |
20 | | (12.5) Probation officers while in the performance of |
21 | | their duties, or while commuting between their homes, |
22 | | places of employment or specific locations that are part |
23 | | of their assigned duties, with the consent of the chief |
24 | | judge of the circuit for which they are employed, if they |
25 | | have received weapons training according to requirements |
26 | | of the Peace Officer and Probation Officer Firearm |
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1 | | Training Act. |
2 | | (13) Court security officers Security Officers while |
3 | | in the performance of their official duties, or while |
4 | | commuting between their homes and places of employment, |
5 | | with the consent of the sheriff Sheriff . |
6 | | (13.5) A person employed as an armed security guard at |
7 | | a nuclear energy, storage, weapons , or development site or |
8 | | facility regulated by the Nuclear Regulatory Commission |
9 | | who has completed the background screening and training |
10 | | mandated by the rules and regulations of the Nuclear |
11 | | Regulatory Commission. |
12 | | (14) Manufacture, transportation, or sale of weapons |
13 | | to persons authorized under subdivisions (1) through |
14 | | (13.5) of this subsection to possess those weapons. |
15 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
16 | | to or affect any person carrying a concealed pistol, revolver, |
17 | | or handgun and the person has been issued a currently valid |
18 | | license under the Firearm Concealed Carry Act at the time of |
19 | | the commission of the offense. |
20 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
21 | | to or affect a qualified current or retired law enforcement |
22 | | officer or a current or retired deputy, county correctional |
23 | | officer, or correctional officer of the Department of |
24 | | Corrections qualified under the laws of this State or under |
25 | | the federal Law Enforcement Officers Safety Act. |
26 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
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1 | | 24-1.6 do not apply to or affect any of the following: |
2 | | (1) Members of any club or organization organized for |
3 | | the purpose of practicing shooting at targets upon |
4 | | established target ranges, whether public or private, and |
5 | | patrons of such ranges, while such members or patrons are |
6 | | using their firearms on those target ranges. |
7 | | (2) Duly authorized military or civil organizations |
8 | | while parading, with the special permission of the |
9 | | Governor. |
10 | | (3) Hunters, trappers, or fishermen while engaged in |
11 | | lawful hunting, trapping, or fishing under the provisions |
12 | | of the Wildlife Code or the Fish and Aquatic Life Code. |
13 | | (4) Transportation of weapons that are broken down in |
14 | | a non-functioning state or are not immediately accessible. |
15 | | (5) Carrying or possessing any pistol, revolver, stun |
16 | | gun or taser or other firearm on the land or in the legal |
17 | | dwelling of another person as an invitee with that |
18 | | person's permission. |
19 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
20 | | of the following: |
21 | | (1) Peace officers while in performance of their |
22 | | official duties. |
23 | | (2) Wardens, superintendents , and keepers of prisons, |
24 | | penitentiaries, jails , and other institutions for the |
25 | | detention of persons accused or convicted of an offense. |
26 | | (3) Members of the Armed Services or Reserve Forces of |
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1 | | the United States or the Illinois National Guard, while in |
2 | | the performance of their official duty. |
3 | | (4) Manufacture, transportation, or sale of machine |
4 | | guns to persons authorized under subdivisions (1) through |
5 | | (3) of this subsection to possess machine guns, if the |
6 | | machine guns are broken down in a non-functioning state or |
7 | | are not immediately accessible. |
8 | | (5) Persons licensed under federal law to manufacture |
9 | | any weapon from which 8 or more shots or bullets can be |
10 | | discharged by a single function of the firing device, or |
11 | | ammunition for such weapons, and actually engaged in the |
12 | | business of manufacturing such weapons or ammunition, but |
13 | | only with respect to activities which are within the |
14 | | lawful scope of such business, such as the manufacture, |
15 | | transportation, or testing of such weapons or ammunition. |
16 | | This exemption does not authorize the general private |
17 | | possession of any weapon from which 8 or more shots or |
18 | | bullets can be discharged by a single function of the |
19 | | firing device, but only such possession and activities as |
20 | | are within the lawful scope of a licensed manufacturing |
21 | | business described in this paragraph. |
22 | | During transportation, such weapons shall be broken |
23 | | down in a non-functioning state or not immediately |
24 | | accessible. |
25 | | (6) The manufacture, transport, testing, delivery, |
26 | | transfer , or sale, and all lawful commercial or |
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1 | | experimental activities necessary thereto, of rifles, |
2 | | shotguns, and weapons made from rifles or shotguns, or |
3 | | ammunition for such rifles, shotguns , or weapons, where |
4 | | engaged in by a person operating as a contractor or |
5 | | subcontractor pursuant to a contract or subcontract for |
6 | | the development and supply of such rifles, shotguns, |
7 | | weapons , or ammunition to the United States government or |
8 | | any branch of the Armed Forces of the United States, when |
9 | | such activities are necessary and incident to fulfilling |
10 | | the terms of such contract. |
11 | | The exemption granted under this subdivision (c)(6) |
12 | | shall also apply to any authorized agent of any such |
13 | | contractor or subcontractor who is operating within the |
14 | | scope of his employment, where such activities involving |
15 | | such weapon, weapons , or ammunition are necessary and |
16 | | incident to fulfilling the terms of such contract. |
17 | | (7) A person possessing a rifle with a barrel or |
18 | | barrels less than 16 inches in length if: (A) the person |
19 | | has been issued a Curios and Relics license from the U.S. |
20 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or |
21 | | (B) the person is an active member of a bona fide, |
22 | | nationally recognized military re-enacting group and the |
23 | | modification is required and necessary to accurately |
24 | | portray the weapon for historical re-enactment purposes; |
25 | | the re-enactor is in possession of a valid and current |
26 | | re-enacting group membership credential; and the overall |
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1 | | length of the weapon as modified is not less than 26 |
2 | | inches. |
3 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
4 | | possession or carrying of a black-jack or slung-shot by a |
5 | | peace officer. |
6 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
7 | | manager , or authorized employee of any place specified in that |
8 | | subsection nor to any law enforcement officer. |
9 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
10 | | Section 24-1.6 do not apply to members of any club or |
11 | | organization organized for the purpose of practicing shooting |
12 | | at targets upon established target ranges, whether public or |
13 | | private, while using their firearms on those target ranges. |
14 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
15 | | to: |
16 | | (1) Members of the Armed Services or Reserve Forces of |
17 | | the United States or the Illinois National Guard, while in |
18 | | the performance of their official duty. |
19 | | (2) Bonafide collectors of antique or surplus military |
20 | | ordnance. |
21 | | (3) Laboratories having a department of forensic |
22 | | ballistics , or specializing in the development of |
23 | | ammunition or explosive ordnance. |
24 | | (4) Commerce, preparation, assembly , or possession of |
25 | | explosive bullets by manufacturers of ammunition licensed |
26 | | by the federal government, in connection with the supply |
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1 | | of those organizations and persons exempted by subdivision |
2 | | (g)(1) of this Section, or like organizations and persons |
3 | | outside this State, or the transportation of explosive |
4 | | bullets to any organization or person exempted in this |
5 | | Section by a common carrier or by a vehicle owned or leased |
6 | | by an exempted manufacturer. |
7 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
8 | | persons licensed under federal law to manufacture any device |
9 | | or attachment of any kind designed, used, or intended for use |
10 | | in silencing the report of any firearm, firearms, or |
11 | | ammunition for those firearms equipped with those devices, and |
12 | | actually engaged in the business of manufacturing those |
13 | | devices, firearms, or ammunition, but only with respect to |
14 | | activities that are within the lawful scope of that business, |
15 | | such as the manufacture, transportation, or testing of those |
16 | | devices, firearms, or ammunition. This exemption does not |
17 | | authorize the general private possession of any device or |
18 | | attachment of any kind designed, used, or intended for use in |
19 | | silencing the report of any firearm, but only such possession |
20 | | and activities as are within the lawful scope of a licensed |
21 | | manufacturing business described in this subsection (g-5). |
22 | | During transportation, these devices shall be detached from |
23 | | any weapon or not immediately accessible. |
24 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
25 | | 24-1.6 do not apply to or affect any parole agent or parole |
26 | | supervisor who meets the qualifications and conditions |
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1 | | prescribed in Section 3-14-1.5 of the Unified Code of |
2 | | Corrections. |
3 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
4 | | officer while serving as a member of a tactical response team |
5 | | or special operations team. A peace officer may not personally |
6 | | own or apply for ownership of a device or attachment of any |
7 | | kind designed, used, or intended for use in silencing the |
8 | | report of any firearm. These devices shall be owned and |
9 | | maintained by lawfully recognized units of government whose |
10 | | duties include the investigation of criminal acts. |
11 | | (g-10) (Blank). |
12 | | (g-11) Subsection 24-1(a)(17) does not apply to or effect |
13 | | any of the following: |
14 | | (1) Sales to or purchases by peace officers, as |
15 | | defined in Section 2-13, for use in their official duties. |
16 | | (2) Sales to or transfers by local law enforcement |
17 | | agencies for the purpose of equipping the agency's peace |
18 | | officers as defined in paragraph (1). |
19 | | (3) Sales to wardens, superintendents, and keepers of |
20 | | prisons, penitentiaries, jails, and other institutions for |
21 | | use in the detention of persons accused or convicted of an |
22 | | offense. |
23 | | (4) Sales to or purchases by members of the Armed |
24 | | Services or Reserve Forces of the United States or the |
25 | | Illinois National Guard, for use in their official duties. |
26 | | (5) Any company that employs armed security officers |
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1 | | in this State at a nuclear energy, storage, weapons, or |
2 | | development site or facility regulated by the federal |
3 | | Nuclear Regulatory Commission and any person employed as |
4 | | an armed security force member at a nuclear energy |
5 | | storage, weapons, or development site or facility |
6 | | regulated by the federal Nuclear Regulatory Commission who |
7 | | has completed the background screening and training |
8 | | mandated by the rules and regulations of the federal |
9 | | Nuclear Regulatory Commission and for the performance of |
10 | | official duties. |
11 | | (6) A firearm modified to render it permanently |
12 | | inoperative. |
13 | | (7) A certified licensed firearms dealer or |
14 | | manufacturer who is: |
15 | | (A) providing or servicing a convertible pistol |
16 | | for a law enforcement unit or for personnel exempted |
17 | | under paragraphs (1) through (5); |
18 | | (B) acting to sell or transfer a convertible |
19 | | pistol to a licensed firearm dealer in another state |
20 | | or to an individual purchaser in another state through |
21 | | a licensed firearms dealer; or |
22 | | (C) acting to return to a customer in another |
23 | | state a convertible pistol to the licensed firearms |
24 | | dealer or manufacturer under the terms of a warranty |
25 | | or for repair. |
26 | | (8) Sales, purchases, or transfers to organizations |
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1 | | that are required or authorized by federal law governing |
2 | | their specific business or activity to acquire convertible |
3 | | pistols. |
4 | | (9) The receipt of a convertible pistol by |
5 | | inheritance, and possession of the convertible pistol, if |
6 | | the decedent lawfully possessed the convertible pistol and |
7 | | the person inheriting the convertible pistol is not |
8 | | otherwise disqualified from possessing a firearm under |
9 | | federal or State law. |
10 | | (10) The receipt of a convertible pistol by a personal |
11 | | representative of an estate for purposes of exercising the |
12 | | powers and duties of a personal representative of an |
13 | | estate. |
14 | | (11) Receipt of a convertible pistol by a person who |
15 | | is retired in good standing from service with a law |
16 | | enforcement agency of the State or a local unit in the |
17 | | State and is not otherwise prohibited from receiving a |
18 | | convertible pistol if: |
19 | | (A) the convertible pistol is sold or transferred |
20 | | to the person by the law enforcement agency on |
21 | | retirement; or |
22 | | (B) the convertible pistol was purchased or |
23 | | obtained by the person for official use with the law |
24 | | enforcement agency before retirement. |
25 | | (12) Transfer, receipt, and testing by, or shipping to |
26 | | or from: |
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1 | | (A) an ISO 17025 accredited, National Institute of |
2 | | Justice-approved ballistics testing laboratory; or |
3 | | (B) a facility or entity that manufactures or |
4 | | provides research and development testing, analysis, |
5 | | or engineering for personal protective equipment or |
6 | | vehicle protection systems. |
7 | | (13) The temporary transfer of a convertible pistol |
8 | | that was lawfully purchased and possessed prior to the |
9 | | effective date of this amendatory Act of the 104th General |
10 | | Assembly or otherwise lawfully obtained following the |
11 | | effective date of this amendatory Act of the 104th General |
12 | | Assembly to a certified licensed firearms dealer or |
13 | | gunsmith for the purpose of servicing the convertible |
14 | | pistol or the return of the convertible pistol to its |
15 | | lawful owner by a certified licensed firearms dealer or |
16 | | gunsmith upon the completion of servicing the convertible |
17 | | pistol. |
18 | | (14) The manufacture, transportation, sale, or rental |
19 | | of blank firing convertible pistols to persons authorized |
20 | | or permitted, or both authorized and permitted, to acquire |
21 | | and possess these weapons or attachments for the purpose |
22 | | of rental for use solely as props for a motion picture, |
23 | | television, or video production or entertainment event. |
24 | | (g-12) The Illinois State Police may adopt rules to |
25 | | implement this amendatory Act of the 104th General Assembly. |
26 | | Rules adopted to implement this amendatory Act of the 104th |
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1 | | General Assembly are exempt from the Illinois Administrative |
2 | | Procedure Act. |
3 | | (h) An information or indictment based upon a violation of |
4 | | any subsection of this Article need not negate negative any |
5 | | exemptions contained in this Article. The defendant shall have |
6 | | the burden of proving such an exemption. |
7 | | (i) Nothing in this Article shall prohibit, apply to, or |
8 | | affect the transportation, carrying, or possession , of any |
9 | | pistol or revolver, stun gun, taser, or other firearm |
10 | | consigned to a common carrier operating under license of the |
11 | | State of Illinois or the federal government, where such |
12 | | transportation, carrying, or possession is incident to the |
13 | | lawful transportation in which such common carrier is engaged; |
14 | | and nothing in this Article shall prohibit, apply to, or |
15 | | affect the transportation, carrying, or possession of any |
16 | | pistol, revolver, stun gun, taser, or other firearm, not the |
17 | | subject of and regulated by subsection 24-1(a)(7) or |
18 | | subsection 24-2(c) of this Article, which is unloaded and |
19 | | enclosed in a case, firearm carrying box, shipping box, or |
20 | | other container, by the possessor of a valid Firearm Owners |
21 | | Identification Card. |
22 | | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; |
23 | | 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised |
24 | | 7-22-24.)
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25 | | Section 97. Severability. The provisions of this Act are |