101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5849

 

Introduced 11/10/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/7  from Ch. 38, par. 83-7
430 ILCS 65/13.2  from Ch. 38, par. 83-13.2
430 ILCS 65/14  from Ch. 38, par. 83-14
430 ILCS 66/10
430 ILCS 66/45
430 ILCS 66/50
430 ILCS 66/60
430 ILCS 66/70
430 ILCS 66/75

    Amends the Firearm Owners Identification Card Act. Provides that the duration of a Firearm Owner's Identification Card shall be the lifetime of the holder of the Card (rather than 10 years). Amends the Firearm Concealed Carry Act. Provides that the duration of a concealed carry license is the lifetime of the licensee (rather than 5 years). Provides that a Firearm Owner's Identification Card or concealed carry license issued before the effective date of the amendatory Act shall be valid during the Card holder's or licensee's lifetime regardless of the expiration date on the Card or license.


LRB101 22325 RLC 73368 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5849LRB101 22325 RLC 73368 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 5, 7, 13.2, and 14 as follows:
 
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, except as provided in subsection (b) of this Section,
11and every applicant found qualified under Section 8 of this Act
12by the Department shall be entitled to a Firearm Owner's
13Identification Card upon the payment of a $10 fee. Any
14applicant who is an active duty member of the Armed Forces of
15the United States, a member of the Illinois National Guard, or
16a member of the Reserve Forces of the United States is exempt
17from the application fee. $6 of each fee derived from the
18issuance of Firearm Owner's Identification Cards, or renewals
19thereof, shall be deposited in the Wildlife and Fish Fund in
20the State Treasury; $1 of the fee shall be deposited in the
21State Police Services Fund and $3 of the fee shall be deposited
22in the State Police Firearm Services Fund.
23    (b) (Blank). Renewal applications shall be approved or

 

 

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1denied within 60 business days, provided the applicant
2submitted his or her renewal application prior to the
3expiration of his or her Firearm Owner's Identification Card.
4If a renewal application has been submitted prior to the
5expiration date of the applicant's Firearm Owner's
6Identification Card, the Firearm Owner's Identification Card
7shall remain valid while the Department processes the
8application, unless the person is subject to or becomes subject
9to revocation under this Act. The cost for a renewal
10application shall be $10 which shall be deposited into the
11State Police Firearm Services Fund.
12(Source: P.A. 100-906, eff. 1-1-19.)
 
13    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
14    Sec. 7. Validity of Firearm Owner's Identification Card.
15    (a) Except as provided in Section 8 of this Act or
16subsection (b) of this Section, a Firearm Owner's
17Identification Card issued under the provisions of this Act
18shall be valid for the person to whom it is issued for his or
19her lifetime. A Firearm Owner's Identification Card issued
20before the effective date of this amendatory Act of the 101st
21General Assembly shall be valid during the Card holder's
22lifetime regardless of the expiration date on the Card. a
23period of 10 years from the date of issuance.
24    (b) (Blank). If a renewal application is submitted to the
25Department before the expiration date of the applicant's

 

 

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1current Firearm Owner's Identification Card, the Firearm
2Owner's Identification Card shall remain valid for a period of
360 business days, unless the person is subject to or becomes
4subject to revocation under this Act.
5(Source: P.A. 100-906, eff. 1-1-19.)
 
6    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
7    Sec. 13.2. Name Renewal; name or address change;
8replacement card. The Department of State Police shall, 60 days
9prior to the expiration of a Firearm Owner's Identification
10Card, forward by first class mail to each person whose card is
11to expire a notification of the expiration of the card and
12instructions for renewal. It is the obligation of the holder of
13a Firearm Owner's Identification Card to notify the Department
14of State Police of any address change since the issuance of the
15Firearm Owner's Identification Card. Whenever any person moves
16from the residence address named on his or her card, the person
17shall within 21 calendar days thereafter notify in a form and
18manner prescribed by the Department of his or her old and new
19residence addresses and the card number held by him or her. Any
20person whose legal name has changed from the name on the card
21that he or she has been previously issued must apply for a
22corrected card within 30 calendar days after the change. The
23cost for a corrected card shall be $5. The cost for replacement
24of a card which has been lost, destroyed, or stolen shall be $5
25if the loss, destruction, or theft of the card is reported to

 

 

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1the Department of State Police. The fees collected under this
2Section shall be deposited into the State Police Firearm
3Services Fund.
4(Source: P.A. 100-906, eff. 1-1-19.)
 
5    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
6    Sec. 14. Sentence.
7    (a) Until the effective date of this amendatory Act of the
8101st General Assembly, except Except as provided in subsection
9(a-5), a violation of paragraph (1) of subsection (a) of
10Section 2, when the person's Firearm Owner's Identification
11Card is expired but the person is not otherwise disqualified
12from renewing the card, is a Class A misdemeanor.
13    (a-5) Until the effective date of this amendatory Act of
14the 101st General Assembly, a A violation of paragraph (1) of
15subsection (a) of Section 2, when the person's Firearm Owner's
16Identification Card is expired but the person is not otherwise
17disqualified from owning, purchasing, or possessing firearms,
18is a petty offense if the card was expired for 6 months or less
19from the date of expiration.
20    (b) Except as provided in subsection (a) with respect to an
21expired card, a violation of paragraph (1) of subsection (a) of
22Section 2 is a Class A misdemeanor when the person does not
23possess a currently valid Firearm Owner's Identification Card,
24but is otherwise eligible under this Act. A second or
25subsequent violation is a Class 4 felony.

 

 

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1    (c) A violation of paragraph (1) of subsection (a) of
2Section 2 is a Class 3 felony when:
3        (1) the person's Firearm Owner's Identification Card
4    is revoked or subject to revocation under Section 8; or
5        (2) Until the effective date of this amendatory Act of
6    the 101st General Assembly, the person's Firearm Owner's
7    Identification Card is expired and not otherwise eligible
8    for renewal under this Act; or
9        (3) the person does not possess a currently valid
10    Firearm Owner's Identification Card, and the person is not
11    otherwise eligible under this Act.
12    (d) A violation of subsection (a) of Section 3 is a Class 4
13felony. A third or subsequent conviction is a Class 1 felony.
14    (d-5) Any person who knowingly enters false information on
15an application for a Firearm Owner's Identification Card, who
16knowingly gives a false answer to any question on the
17application, or who knowingly submits false evidence in
18connection with an application is guilty of a Class 2 felony.
19    (e) Except as provided by Section 6.1 of this Act, any
20other violation of this Act is a Class A misdemeanor.
21(Source: P.A. 97-1131, eff. 1-1-13.)
 
22    Section 10. The Firearm Concealed Carry Act is amended by
23changing Sections 10, 45, 50, 60, 70, and 75 as follows:
 
24    (430 ILCS 66/10)

 

 

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1    Sec. 10. Issuance of licenses to carry a concealed firearm.
2    (a) The Department shall issue a license to carry a
3concealed firearm under this Act to an applicant who:
4        (1) meets the qualifications of Section 25 of this Act;
5        (2) has provided the application and documentation
6    required in Section 30 of this Act;
7        (3) has submitted the requisite fees; and
8        (4) does not pose a danger to himself, herself, or
9    others, or a threat to public safety as determined by the
10    Concealed Carry Licensing Review Board in accordance with
11    Section 20.
12    (b) The Department shall issue a renewal, corrected, or
13duplicate license as provided in this Act.
14    (c) A license shall be valid throughout the State for a
15period of 5 years from the date of issuance. A license shall
16permit the licensee to:
17        (1) carry a loaded or unloaded concealed firearm, fully
18    concealed or partially concealed, on or about his or her
19    person; and
20        (2) keep or carry a loaded or unloaded concealed
21    firearm on or about his or her person within a vehicle.
22    (d) The Department shall make applications for a license
23available no later than 180 days after the effective date of
24this Act. The Department shall establish rules for the
25availability and submission of applications in accordance with
26this Act.

 

 

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1    (e) An application for a license submitted to the
2Department that contains all the information and materials
3required by this Act, including the requisite fee, shall be
4deemed completed. Except as otherwise provided in this Act, no
5later than 90 days after receipt of a completed application,
6the Department shall issue or deny the applicant a license.
7    (f) The Department shall deny the applicant a license if
8the applicant fails to meet the requirements under this Act or
9the Department receives a determination from the Board that the
10applicant is ineligible for a license. The Department must
11notify the applicant stating the grounds for the denial. The
12notice of denial must inform the applicant of his or her right
13to an appeal through administrative and judicial review.
14    (g) A licensee shall possess a license at all times the
15licensee carries a concealed firearm except:
16        (1) when the licensee is carrying or possessing a
17    concealed firearm on his or her land or in his or her
18    abode, legal dwelling, or fixed place of business, or on
19    the land or in the legal dwelling of another person as an
20    invitee with that person's permission;
21        (2) when the person is authorized to carry a firearm
22    under Section 24-2 of the Criminal Code of 2012, except
23    subsection (a-5) of that Section; or
24        (3) when the handgun is broken down in a
25    non-functioning state, is not immediately accessible, or
26    is unloaded and enclosed in a case.

 

 

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1    (h) If an officer of a law enforcement agency initiates an
2investigative stop, including but not limited to a traffic
3stop, of a licensee or a non-resident carrying a concealed
4firearm under subsection (e) of Section 40 of this Act, upon
5the request of the officer the licensee or non-resident shall
6disclose to the officer that he or she is in possession of a
7concealed firearm under this Act, or present the license upon
8the request of the officer if he or she is a licensee or
9present upon the request of the officer evidence under
10paragraph (2) of subsection (e) of Section 40 of this Act that
11he or she is a non-resident qualified to carry under that
12subsection. The disclosure requirement under this subsection
13(h) is satisfied if the licensee presents his or her license to
14the officer or the non-resident presents to the officer
15evidence under paragraph (2) of subsection (e) of Section 40 of
16this Act that he or she is qualified to carry under that
17subsection. Upon the request of the officer, the licensee or
18non-resident shall also identify the location of the concealed
19firearm and permit the officer to safely secure the firearm for
20the duration of the investigative stop. During a traffic stop,
21any passenger within the vehicle who is a licensee or a
22non-resident carrying under subsection (e) of Section 40 of
23this Act must comply with the requirements of this subsection
24(h).
25    (h-1) If a licensee carrying a firearm or a non-resident
26carrying a firearm in a vehicle under subsection (e) of Section

 

 

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140 of this Act is contacted by a law enforcement officer or
2emergency services personnel, the law enforcement officer or
3emergency services personnel may secure the firearm or direct
4that it be secured during the duration of the contact if the
5law enforcement officer or emergency services personnel
6determines that it is necessary for the safety of any person
7present, including the law enforcement officer or emergency
8services personnel. The licensee or nonresident shall submit to
9the order to secure the firearm. When the law enforcement
10officer or emergency services personnel have determined that
11the licensee or non-resident is not a threat to the safety of
12any person present, including the law enforcement officer or
13emergency services personnel, and if the licensee or
14non-resident is physically and mentally capable of possessing
15the firearm, the law enforcement officer or emergency services
16personnel shall return the firearm to the licensee or
17non-resident before releasing him or her from the scene and
18breaking contact. If the licensee or non-resident is
19transported for treatment to another location, the firearm
20shall be turned over to any peace officer. The peace officer
21shall provide a receipt which includes the make, model,
22caliber, and serial number of the firearm.
23    (i) The Department shall maintain a database of license
24applicants and licensees. The database shall be available to
25all federal, State, and local law enforcement agencies, State's
26Attorneys, the Attorney General, and authorized court

 

 

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1personnel. Within 180 days after the effective date of this
2Act, the database shall be searchable and provide all
3information included in the application, including the
4applicant's previous addresses within the 10 years prior to the
5license application and any information related to violations
6of this Act. No law enforcement agency, State's Attorney,
7Attorney General, or member or staff of the judiciary shall
8provide any information to a requester who is not entitled to
9it by law.
10    (j) No later than 10 days after receipt of a completed
11application, the Department shall enter the relevant
12information about the applicant into the database under
13subsection (i) of this Section which is accessible by law
14enforcement agencies.
15(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
16eff. 7-10-15.)
 
17    (430 ILCS 66/45)
18    Sec. 45. Civil immunity; Board, employees, and agents. The
19Board, Department, local law enforcement agency, or the
20employees and agents of the Board, Department, or local law
21enforcement agency participating in the licensing process
22under this Act shall not be held liable for damages in any
23civil action arising from alleged wrongful or improper
24granting, denying, renewing, revoking, suspending, or failing
25to grant, deny, renew, revoke, or suspend a license under this

 

 

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1Act, except for willful or wanton misconduct.
2(Source: P.A. 98-63, eff. 7-9-13.)
 
3    (430 ILCS 66/50)
4    Sec. 50. Lifetime license License renewal.
5    (a) A license shall be valid during the licensee's
6lifetime. A license issued before the effective date of this
7amendatory Act of the 101st General Assembly shall be valid
8during the licensee's lifetime regardless of the expiration
9date on the license. This subsection (a) applies through the
10180th day following the effective date of this amendatory Act
11of the 101st General Assembly. Applications for renewal of a
12license shall be made to the Department. A license shall be
13renewed for a period of 5 years upon receipt of a completed
14renewal application, completion of 3 hours of training required
15under Section 75 of this Act, payment of the applicable renewal
16fee, and completion of an investigation under Section 35 of
17this Act. The renewal application shall contain the information
18required in Section 30 of this Act, except that the applicant
19need not resubmit a full set of fingerprints.
20    (b) (Blank). This subsection (b) applies on and after the
21181st day following the effective date of this amendatory Act
22of the 101st General Assembly. Applications for renewal of a
23license shall be made to the Department. A license shall be
24renewed for a period of 5 years from the date of expiration on
25the applicant's current license upon the receipt of a completed

 

 

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1renewal application, completion of 3 hours of training required
2under Section 75 of this Act, payment of the applicable renewal
3fee, and completion of an investigation under Section 35 of
4this Act. The renewal application shall contain the information
5required in Section 30 of this Act, except that the applicant
6need not resubmit a full set of fingerprints.
7(Source: P.A. 101-80, eff. 7-12-19.)
 
8    (430 ILCS 66/60)
9    Sec. 60. Fees.
10    (a) All fees collected under this Act shall be deposited as
11provided in this Section. Application, renewal, and
12replacement fees shall be non-refundable.
13    (b) An applicant for a new license or a renewal shall
14submit $150 with the application, of which $120 shall be
15apportioned to the State Police Firearm Services Fund, $20
16shall be apportioned to the Mental Health Reporting Fund, and
17$10 shall be apportioned to the State Crime Laboratory Fund.
18    (c) A non-resident applicant for a new license or renewal
19shall submit $300 with the application, of which $250 shall be
20apportioned to the State Police Firearm Services Fund, $40
21shall be apportioned to the Mental Health Reporting Fund, and
22$10 shall be apportioned to the State Crime Laboratory Fund.
23    (d) A licensee requesting a new license replacement in
24accordance with Section 55 shall submit $75, of which $60 shall
25be apportioned to the State Police Firearm Services Fund, $5

 

 

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1shall be apportioned to the Mental Health Reporting Fund, and
2$10 shall be apportioned to the State Crime Laboratory Fund.
3(Source: P.A. 98-63, eff. 7-9-13.)
 
4    (430 ILCS 66/70)
5    Sec. 70. Violations.
6    (a) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found to be ineligible
8for a license under this Act or the licensee no longer meets
9the eligibility requirements of the Firearm Owners
10Identification Card Act.
11    (b) A license shall be suspended if an order of protection,
12including an emergency order of protection, plenary order of
13protection, or interim order of protection under Article 112A
14of the Code of Criminal Procedure of 1963 or under the Illinois
15Domestic Violence Act of 1986, or if a firearms restraining
16order, including an emergency firearms restraining order,
17under the Firearms Restraining Order Act, is issued against a
18licensee for the duration of the order, or if the Department is
19made aware of a similar order issued against the licensee in
20any other jurisdiction. If an order of protection is issued
21against a licensee, the licensee shall surrender the license,
22as applicable, to the court at the time the order is entered or
23to the law enforcement agency or entity serving process at the
24time the licensee is served the order. The court, law
25enforcement agency, or entity responsible for serving the order

 

 

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1of protection shall notify the Department within 7 days and
2transmit the license to the Department.
3    (c) (Blank). A license is invalid upon expiration of the
4license, unless the licensee has submitted an application to
5renew the license, and the applicant is otherwise eligible to
6possess a license under this Act.
7    (d) A licensee shall not carry a concealed firearm while
8under the influence of alcohol, other drug or drugs,
9intoxicating compound or combination of compounds, or any
10combination thereof, under the standards set forth in
11subsection (a) of Section 11-501 of the Illinois Vehicle Code.
12    A licensee in violation of this subsection (d) shall be
13guilty of a Class A misdemeanor for a first or second violation
14and a Class 4 felony for a third violation. The Department may
15suspend a license for up to 6 months for a second violation and
16shall permanently revoke a license for a third violation.
17    (e) Except as otherwise provided, a licensee in violation
18of this Act shall be guilty of a Class B misdemeanor. A second
19or subsequent violation is a Class A misdemeanor. The
20Department may suspend a license for up to 6 months for a
21second violation and shall permanently revoke a license for 3
22or more violations of Section 65 of this Act. Any person
23convicted of a violation under this Section shall pay a $150
24fee to be deposited into the Mental Health Reporting Fund, plus
25any applicable court costs or fees.
26    (f) A licensee convicted or found guilty of a violation of

 

 

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1this Act who has a valid license and is otherwise eligible to
2carry a concealed firearm shall only be subject to the
3penalties under this Section and shall not be subject to the
4penalties under Section 21-6, paragraph (4), (8), or (10) of
5subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
6of paragraph (3) of subsection (a) of Section 24-1.6 of the
7Criminal Code of 2012. Except as otherwise provided in this
8subsection, nothing in this subsection prohibits the licensee
9from being subjected to penalties for violations other than
10those specified in this Act.
11    (g) A licensee whose license is revoked, suspended, or
12denied shall, within 48 hours of receiving notice of the
13revocation, suspension, or denial, surrender his or her
14concealed carry license to the local law enforcement agency
15where the person resides. The local law enforcement agency
16shall provide the licensee a receipt and transmit the concealed
17carry license to the Department of State Police. If the
18licensee whose concealed carry license has been revoked,
19suspended, or denied fails to comply with the requirements of
20this subsection, the law enforcement agency where the person
21resides may petition the circuit court to issue a warrant to
22search for and seize the concealed carry license in the
23possession and under the custody or control of the licensee
24whose concealed carry license has been revoked, suspended, or
25denied. The observation of a concealed carry license in the
26possession of a person whose license has been revoked,

 

 

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1suspended, or denied constitutes a sufficient basis for the
2arrest of that person for violation of this subsection. A
3violation of this subsection is a Class A misdemeanor.
4    (h) A license issued or renewed under this Act shall be
5revoked if, at any time, the licensee is found ineligible for a
6Firearm Owner's Identification Card, or the licensee no longer
7possesses a valid Firearm Owner's Identification Card. A
8licensee whose license is revoked under this subsection (h)
9shall surrender his or her concealed carry license as provided
10for in subsection (g) of this Section.
11    This subsection shall not apply to a person who has filed
12an application with the State Police for renewal of a Firearm
13Owner's Identification Card and who is not otherwise ineligible
14to obtain a Firearm Owner's Identification Card.
15    (i) A certified firearms instructor who knowingly provides
16or offers to provide a false certification that an applicant
17has completed firearms training as required under this Act is
18guilty of a Class A misdemeanor. A person guilty of a violation
19of this subsection (i) is not eligible for court supervision.
20The Department shall permanently revoke the firearms
21instructor certification of a person convicted under this
22subsection (i).
23(Source: P.A. 100-607, eff. 1-1-19.)
 
24    (430 ILCS 66/75)
25    Sec. 75. Applicant firearm training.

 

 

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1    (a) Within 60 days of the effective date of this Act, the
2Department shall begin approval of firearm training courses and
3shall make a list of approved courses available on the
4Department's website.
5    (b) An applicant for a new license shall provide proof of
6completion of a firearms training course or combination of
7courses approved by the Department of at least 16 hours, which
8includes range qualification time under subsection (c) of this
9Section, that covers the following:
10        (1) firearm safety;
11        (2) the basic principles of marksmanship;
12        (3) care, cleaning, loading, and unloading of a
13    concealable firearm;
14        (4) all applicable State and federal laws relating to
15    the ownership, storage, carry, and transportation of a
16    firearm; and
17        (5) instruction on the appropriate and lawful
18    interaction with law enforcement while transporting or
19    carrying a concealed firearm.
20    (c) An applicant for a new license shall provide proof of
21certification by a certified instructor that the applicant
22passed a live fire exercise with a concealable firearm
23consisting of:
24        (1) a minimum of 30 rounds; and
25        (2) 10 rounds from a distance of 5 yards; 10 rounds
26    from a distance of 7 yards; and 10 rounds from a distance

 

 

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1    of 10 yards at a B-27 silhouette target approved by the
2    Department.
3    (d) (Blank). An applicant for renewal of a license shall
4provide proof of completion of a firearms training course or
5combination of courses approved by the Department of at least 3
6hours.
7    (e) A certificate of completion for an applicant's firearm
8training course shall not be issued to a student who:
9        (1) does not follow the orders of the certified
10    firearms instructor;
11        (2) in the judgment of the certified instructor,
12    handles a firearm in a manner that poses a danger to the
13    student or to others; or
14        (3) during the range firing portion of testing fails to
15    hit the target with 70% of the rounds fired.
16    (f) An instructor shall maintain a record of each student's
17performance for at least 5 years, and shall make all records
18available upon demand of authorized personnel of the
19Department.
20    (g) The Department and certified firearms instructors
21shall recognize up to 8 hours of training already completed
22toward the 16 hour training requirement under this Section if
23the training course is submitted to and approved by the
24Department. Any remaining hours that the applicant completes
25must at least cover the classroom subject matter of paragraph
26(4) of subsection (b) of this Section, and the range

 

 

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1qualification in subsection (c) of this Section.
2    (h) A person who has qualified to carry a firearm as an
3active law enforcement or corrections officer, who has
4successfully completed firearms training as required by his or
5her law enforcement agency and is authorized by his or her
6agency to carry a firearm; a person currently certified as a
7firearms instructor by this Act or by the Illinois Law
8Enforcement Training Standards Board; or a person who has
9completed the required training and has been issued a firearm
10control card by the Department of Financial and Professional
11Regulation shall be exempt from the requirements of this
12Section.
13    (i) The Department and certified firearms instructors
14shall recognize 8 hours of training as completed toward the 16
15hour training requirement under this Section, if the applicant
16is an active, retired, or honorably discharged member of the
17United States Armed Forces. Any remaining hours that the
18applicant completes must at least cover the classroom subject
19matter of paragraph (4) of subsection (b) of this Section, and
20the range qualification in subsection (c) of this Section.
21    (j) The Department and certified firearms instructors
22shall recognize up to 8 hours of training already completed
23toward the 16 hour training requirement under this Section if
24the training course is approved by the Department and was
25completed in connection with the applicant's previous
26employment as a law enforcement or corrections officer. Any

 

 

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1remaining hours that the applicant completes must at least
2cover the classroom subject matter of paragraph (4) of
3subsection (b) of this Section, and the range qualification in
4subsection (c) of this Section. A former law enforcement or
5corrections officer seeking credit under this subsection (j)
6shall provide evidence that he or she separated from employment
7in good standing from each law enforcement agency where he or
8she was employed. An applicant who was discharged from a law
9enforcement agency for misconduct or disciplinary reasons is
10not eligible for credit under this subsection (j).
11(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)