SB 2806 — CRIM CD-UUW-EXEMPTIONS

*LRB09815343RLC50372b* SB2806 98THEngrossed GENERALLRB098 ASSEMBLY15343 StateRLC of50372 Illinoisb andAN 2014ACT SB2806concerning Introducedcriminal 1/29/2014,law. by Sen.

Antonio Muñoz SYNOPSIS AS INTRODUCED:

ILCS 5/24-2 Amends the Criminal Code of 2012.

Provides that certain provisions of the unlawful use of weapons statute do not apply to persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment (deletes provision that the commuting is accomplished within one hour from departure from home or place of employment, as the case may be).

Provides that the firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

Deletes provision that the exemption for a person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to the commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, applies only to security guards who are members of a security force of at least 5 persons.

Makes other changes concerning exemptions from certain unlawful use of weapons violations for security guards.

LRB098 15343 RLC 50372 b A BILL FOR SB2806 LRB098 15343 RLC 50372 b AN ACT concerning criminal law.

(4) Special agents employed by a railroad or a public SB2806 Engrossed - 2 - LRB098 15343 RLC 50372 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;

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor an agency licensed certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employmentemployment, , provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be.

A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 20 hours of required firearm training, and has been issued a firearm control SB2806 Engrossed - 3 - LRB098 15343 RLC 50372 b card by the Department of Financial and Professional Regulation.

provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law SB2806 Engrossed - 4 - LRB098 15343 RLC 50372 b enforcement, liability for acts, and the handling of weapons.

(8) Persons employed by a financial institution as a security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, SB2806 Engrossed - 5 - LRB098 15343 RLC 50372 b is a member of a security force registered with the Department of Financial and Professional Regulation;

Any person employed by an armored car company to drive an armored car, while actually engaged in SB2806 Engrossed - 6 - LRB098 15343 RLC 50372 b the performance of his duties.

(14) Manufacture, transportation, or sale of weapons SB2806 Engrossed - 7 - LRB098 15343 RLC 50372 b to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(c) Subsection 24-1(a)(7) does not apply to or affect any SB2806 Engrossed - 8 - LRB098 15343 RLC 50372 b of the following:

This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as SB2806 Engrossed - 9 - LRB098 15343 RLC 50372 b are within the lawful scope of a licensed manufacturing business described in this paragraph.

or (B) SB2806 Engrossed - 10 - LRB098 15343 RLC 50372 b the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes;

(3) Laboratories having a department of forensic SB2806 Engrossed - 11 - LRB098 15343 RLC 50372 b ballistics, or specializing in the development of ammunition or explosive ordinance.

During SB2806 Engrossed - 12 - LRB098 15343 RLC 50372 b transportation, these devices shall be detached from any weapon or not immediately accessible.

SB2806 Engrossed - 13 - LRB098 15343 RLC 50372 b (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article.