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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Private Detective, Private Alarm, Private | ||||||||||||||||||||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||||||||||||||||||||
6 | amended by changing Section 35-35 as follows:
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7 | (225 ILCS 447/35-35)
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8 | (Section scheduled to be repealed on January 1, 2024)
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9 | Sec. 35-35. Requirement of a firearm control
card.
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10 | (a) No person shall perform duties that include the use,
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11 | carrying, or possession of a firearm in the performance of
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12 | those duties without complying with the provisions of this
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13 | Section and having been issued a valid firearm control
card by | ||||||||||||||||||||||||
14 | the Department.
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15 | (b) No employer shall employ any person to perform the
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16 | duties for which licensure or employee registration is required | ||||||||||||||||||||||||
17 | and allow
that person to carry a firearm unless that person has | ||||||||||||||||||||||||
18 | complied
with all the firearm training requirements of this | ||||||||||||||||||||||||
19 | Section and
has been issued a firearm control card. This Act
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20 | permits only the following to carry firearms while actually
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21 | engaged in the performance of their duties or while commuting
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22 | directly to or from their places of employment: persons
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23 | licensed as private detectives and their registered employees;
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1 | persons licensed as private security contractors and their
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2 | registered employees; persons licensed as private alarm
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3 | contractors and their registered employees; and employees of a
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4 | registered armed proprietary security force.
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5 | (c) Possession of a valid firearm control
card
allows a | ||||||
6 | licensee or employee to carry a firearm not otherwise | ||||||
7 | prohibited
by law while the licensee or employee is engaged in | ||||||
8 | the performance of his
or her duties or while the licensee or | ||||||
9 | employee is commuting directly to
or from the licensee's or | ||||||
10 | employee's place or places of employment.
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11 | (d) The Department shall issue a firearm control
card to a | ||||||
12 | person who has passed an approved firearm training
course, who | ||||||
13 | is currently licensed or employed by an agency licensed by
this | ||||||
14 | Act and has met all the requirements of this Act, and who
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15 | possesses a valid firearm owner identification card.
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16 | Application for the firearm control card shall be made
by the | ||||||
17 | employer to the Department on forms provided by the
Department. | ||||||
18 | The Department shall forward the card to the
employer who shall | ||||||
19 | be responsible for its issuance to the licensee or
employee. | ||||||
20 | The firearm control card shall be issued by
the Department and | ||||||
21 | shall identify the person holding it and
the name of the course | ||||||
22 | where the licensee or employee received firearm
instruction and | ||||||
23 | shall specify the type of weapon or weapons
the person is | ||||||
24 | authorized by the Department to carry and for
which the person | ||||||
25 | has been trained.
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26 | (d-5) The Department shall issue a firearm control card to |
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1 | a person who has passed an approved firearm training course, is | ||||||
2 | an elected or appointed State's Attorney or the State's | ||||||
3 | Attorney's designated assistant, has met all the requirements | ||||||
4 | of this Act, and possesses a valid firearm owner identification | ||||||
5 | card. Application for the firearm control card shall be made by | ||||||
6 | the State's Attorney to the Department on forms provided by the | ||||||
7 | Department. The Department shall forward the card to the | ||||||
8 | State's Attorney, who shall be responsible for its issuance to | ||||||
9 | the licensee. The firearm control card shall be issued by the | ||||||
10 | Department and shall identify the person holding it and the | ||||||
11 | name of the course where the licensee received firearm | ||||||
12 | instruction and shall specify the type of weapon or weapons the | ||||||
13 | person is authorized by the Department to carry and for which | ||||||
14 | the person has been trained. | ||||||
15 | (d-10) The Department shall issue a firearm control card to | ||||||
16 | a person who has passed an approved firearm training course, is | ||||||
17 | a circuit or associate judge, has met all the requirements of | ||||||
18 | this Act, and possesses a valid firearm owner identification | ||||||
19 | card. Application for the firearm control card shall be made by | ||||||
20 | the circuit or associate judge to the Department on forms | ||||||
21 | provided by the Department. The firearm control card shall be | ||||||
22 | issued by the Department and shall identify the person holding | ||||||
23 | it and the name of the course where the licensee received | ||||||
24 | firearm instruction and shall specify the type of weapon or | ||||||
25 | weapons the person is authorized by the Department to carry and | ||||||
26 | for which the person has been trained. |
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1 | (e) Expiration and requirements for renewal of firearm | ||||||
2 | control cards shall be determined by rule.
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3 | (f) The Department may, in addition to any other
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4 | disciplinary action permitted by this Act, refuse to issue,
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5 | suspend, or revoke a firearm control card if the
applicant or | ||||||
6 | holder has been convicted of any felony or crime
involving the | ||||||
7 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
8 | a violation of this Act or rules promulgated
under this Act. | ||||||
9 | The Department shall refuse to issue or shall
revoke a firearm | ||||||
10 | control card if the applicant or holder
fails to possess a | ||||||
11 | valid firearm owners identification card without hearing.
The | ||||||
12 | Secretary shall summarily suspend a firearm control
card if the | ||||||
13 | Secretary finds that its continued use would
constitute an | ||||||
14 | imminent danger to the public. A hearing shall
be held before | ||||||
15 | the Board within 30 days if the Secretary
summarily suspends a | ||||||
16 | firearm control card.
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17 | (g) Notwithstanding any other provision of this Act to the
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18 | contrary, all requirements relating to firearms control
cards | ||||||
19 | do not apply to a peace officer.
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20 | (h) The Department may issue a temporary firearm control | ||||||
21 | card pending issuance of a new firearm control card upon an | ||||||
22 | agency's acquiring of an established armed account. An agency | ||||||
23 | that has acquired armed employees as a result of acquiring an | ||||||
24 | established armed account may, on forms supplied by the | ||||||
25 | Department, request the issuance of a temporary firearm control | ||||||
26 | card for each acquired employee who held a valid firearm |
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1 | control card under his or her employment with the newly | ||||||
2 | acquired established armed account immediately preceding the | ||||||
3 | acquiring of the account and who continues to meet all of the | ||||||
4 | qualifications for issuance of a firearm control card set forth | ||||||
5 | in this Act and any rules adopted under this Act. The | ||||||
6 | Department shall, by rule, set the fee for issuance of a | ||||||
7 | temporary firearm control card.
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8 | (i) The Department shall not issue a firearm control card | ||||||
9 | to a licensed fingerprint vendor or a licensed locksmith or | ||||||
10 | employees of a licensed fingerprint vendor agency or a licensed | ||||||
11 | locksmith agency.
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12 | (Source: P.A. 98-253, eff. 8-9-13.)
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