HB 173 — CRIM CD-FIREARM TRANSPORT

*LRB09604399RLC14449b* HB0173 96THEngrossed GENERALLRB096 ASSEMBLY04399 StateRLC of14449 Illinoisb andAN 2010ACT HB0173concerning Introducedcriminal 1/14/2009,law. by Rep.

Brandon W.

Phelps SYNOPSIS AS INTRODUCED:

ILCS 5/24-2 from Ch.

38, par.

24-2 Amends the Criminal Code of 1961.

Provides that a unit of local government, including a home rule unit, may not regulate the transportation of firearms and may not regulate the transportation of ammunition, components, accessories, or accoutrements for firearms.

Provides that the provisions of any ordinance or resolution adopted before, on, or after the effective date of the amendatory Act by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than the requirements that are imposed by the Deadly Weapons Article of the Code are invalid and all those existing ordinances and resolutions are void.

Provides that this provision is a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Effective immediately.

LRB096 04399 RLC 14449 b HOME RULE NOTE ACT MAY APPLY A BILL FOR HB0173 LRB096 04399 RLC 14449 b AN ACT concerning criminal law.

(4) Special agents employed by a railroad or a public HB0173 Engrossed - 2 - LRB096 04399 RLC 14449 b utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;

The Department of Professional Regulation shall provide suitable documentation demonstrating the successful HB0173 Engrossed - 3 - LRB096 04399 RLC 14449 b completion of the prescribed firearms training.

Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and HB0173 Engrossed - 4 - LRB096 04399 RLC 14449 b Locksmith Act of 2004.

Conditions for renewal of firearm control cards issued under the provisions of this Section shall be HB0173 Engrossed - 5 - LRB096 04399 RLC 14449 b the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

HB0173 Engrossed - 6 - LRB096 04399 RLC 14449 b (13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(4) Transportation of weapons that are broken down in a HB0173 Engrossed - 7 - LRB096 04399 RLC 14449 b non-functioning state or are not immediately accessible.

This exemption does not authorize the general private possession of any weapon from which 8 or more shots or HB0173 Engrossed - 8 - LRB096 04399 RLC 14449 b bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately HB0173 Engrossed - 9 - LRB096 04399 RLC 14449 b accessible.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision HB0173 Engrossed - 10 - LRB096 04399 RLC 14449 b (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

HB0173 Engrossed - 11 - LRB096 04399 RLC 14449 b (i) (1) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged;

(3) The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 96th General Assembly by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and HB0173 Engrossed - 12 - LRB096 04399 RLC 14449 b accoutrements of firearms in a manner other than the requirements that are imposed by this Article are invalid and all those existing ordinances and resolutions are void.