§ 138.02 EXEMPTIONS.
   (A)   Section 138.01(A)(3) does not apply to or affect any of the following:
      (1)   Peace officers or any person summoned by a peace officer to assist in making arrests or preserving the peace while actually engaged in assisting the officer.
      (2)   Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and place of employment.
      (3)   Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
      (4)   Special agents employed by a railroad or a public utility to perform police functions or 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; watchmen while actually engaged in the performance of the duties of their 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 agency licensed by the Department of Financial and Professional Regulation if their duties include the carrying of a weapon under the provisions of ILCS Chapter 225, Act 447, §§ 5-5 et seq., 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. 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 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. 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 Locksmith Act of 2004. 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.
      (6)   Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to that commercial or industrial operation while actually engaged in the performance of their duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided, that the security guard has successfully completed a course of study, approved by and supervised by the state Department of Financial and Professional Regulation consisting of not less than 48 hours of training which shall include theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be in compliance with this section who has completed the required 20 hours of training for a security officer and 28 hours of required firearm training and who has been issued a firearm control card by the state Department of Financial and Professional Regulation. 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 ILCS Chapter 225, Act 447, §§ 5-5 et seq., the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he is in possession of a concealable weapon permitted by his or her firearm control card.
      (7)   Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in § 138.01(A)(3) while on duty in the course of any investigation for the Commission.
      (8)   Persons employed by a financial institution as a security guard for the protection of other employees and property related to that 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 the financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the state Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption who has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and who has been issued a firearm control card by the state Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this section shall be the same as for those issued under the provisions of ILCS Chapter 225, Act 447, §§ 5-5 et seq., the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this division, FINANCIAL INSTITUTION means a bank, savings and loan association, credit union, or company providing armored car services.
      (9)   Any person employed by an armored car company to drive an armored car while actually engaged in the performance of his duties.
      (10)   Persons who have been classified as peace officers pursuant to ILCS Chapter 20, Act 2910, §§ 0.01 et seq.
      (11)   Investigators of the Office of the State’s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State’s Attorneys Appellate Prosecutor to carry weapons pursuant to ILCS Chapter 725, Act 210, §§ 1 et seq.
      (12)   Special investigators appointed by a State’s Attorney under ILCS Chapter 55, Act 5, § 3-9005.
      (13)   Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the Chief Judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act (ILCS Ch. 50, Act 710).
      (14)   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.
      (15)   A person employed as an armed security guard at a nuclear energy, storage, weapons, or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
      (16)   Manufacture, transportation, or sale of weapons to persons authorized under (A)(1) through (15) of this section to possess those weapons.
   (B)   Section 138.01(A)(1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a police officer.
   (C)   Section 138.01(A)(5) does not apply to any owner, manager, or authorized employee of any place specified in that division or to any law enforcement officer.
   (D)   Section 138.01(A)(6) does not apply to:
      (1)   Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
      (2)   Bona fide collectors of antique or surplus military ordnance.
      (3)   Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.
      (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 division (F)(1) above, 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.
   (E)   An information or indictment based upon a violation of any provision of this subchapter need not negative any exemptions contained in this subchapter. The defendant shall have the burden of proving such an exemption.
   (F)   Nothing in this subchapter 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 with the state or the federal government where such transportation, carrying, or possession is incident to the lawful transportation in which the common carrier is engaged. Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm not the subject of and regulated by ILCS Chapter 720, Act5, § 24-1(a)(7) or division (B) of this section above, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by the possessor of a valid firearm owner’s identification card.
(ILCS Chapter 720, Act 5, §24-2)
Statutory reference:
   Please note that the statute from which this section derives, ILCS Chapter 720, Act 5, § 24-2, contains additional provisions which are not set forth as part of this section.