§ 137.02  EXEMPTIONS.
   (A)   Sections 137.01(A)(3), (4), (10) and (12) do 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 Professional Regulation if their duties include the carrying of a weapon under the provisions of ILCS Ch. 225, Act 446, §§ 1 et seq., 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 20 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 ILCS Ch. 225, Act 446, §§ 1 et seq.  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 40 hours of training which shall include theory of law enforcement, liability for acts, and the handling of weapons.  A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training and 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 Ch. 225, Act 446, §§ 1 et seq.  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 § 137.01(A)(3) and (4) 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 Ch. 225, Act 446, §§ 1 et seq. The firearm control card shall be carried by the security guardat 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 Ch. 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 Ch. 725, Act 210, §§ 1 et seq.
      (12)   Special investigators appointed by a State's Attorney under ILCS Ch. 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.
      (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 (14) of this section to possess those weapons.
   (A-5)  Section 137.01(A)(4) and (A)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
   (A-6)  Section 137.01(A)(4) and (A)(10) do not apply to or affect a qualified current or retired law enforcement officer qualified under the laws of this state or under the federal Law Enforcement Officers Safety Act.
   (B)   Sections 137.01(A)(4) and (10) do not apply to or affect any of the following:
      (1)   Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, or patrons of the ranges while the members or patrons are using their firearms on those target ranges;
      (2)   Duly authorized military or civil organizations while parading with the special permission of the Governor;
      (3)   Hunters, trappers, or fishermen with a license or permit while engaged in hunting, trapping, or fishing;
      (4)   Transportation of weapons that are broken down in a nonfunctioning state or are not immediately accessible.
      (5)   Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
   (C)   Section 137.01(A)(1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a police officer.
   (D)   Section 137.01(A)(7) does not apply to or affect any of the following:
      (1)   Peace officers while in performance of their official duties.
      (2)   Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
      (3)   Members of the Armed Services or Reserve Forces of the United States of the Illinois National Guard, which in the performance of their official duty.
      (4)   Manufacture, transportation, or sale of machine guns to persons authorized under divisions (D)(1) through (3) of this section to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
      (5)   (a)   Persons licensed under federal law to manufacture any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. The exemption does not authorize the general private possession of any weapon from which eight or more shots or 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 division (D)(5).
         (b)   During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.
      (6)   (a)   The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
         (b)   The exemption granted under this division (D)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
      (7)   A person possessing a rifle with a barrel or barrels less than 16 inches in length if: the person has been issued a curios and relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or 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; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
   (E)   Section 137.01(A)(8) does not apply to any owner, manager, or authorized employee of any place specified in that division or to any law enforcement officer.
   (F)   Sections 137.01(A)(4) and (A)(10) do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
   (G)   Section 137.01(A)(11) 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.
   (H)   (1)   Section 137.01(A)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition from those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope fo that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this division (H). During transportation, these devices shall be detached from any weapon or not immediately accessible.
      (2)   Section 137.01(A)(4) and (A)(10) do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
      (3)   Section 137.01(A)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
   (I)   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.
   (J)   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 Ch. 720, Act 5, § 24-1(a)(7) or division (C) 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 Ch. 720, Act 5, § 24-2)