HB1756 102ND GENERAL ASSEMBLY

LRB102 11518 LNS 16852 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1756

Introduced 2/17/2021, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-71 new
765 ILCS 605/18.11 new
765 ILCS 705/17 new
765 ILCS 745/12b new

Amends the Common Interest Community Association Act, the Condominium Property Act, the Landlord and Tenant Act, and the Mobile Home Landlord and Tenant Rights Act. Provides that a unit owner shall not be prohibited or a landlord or park owner shall not prohibit a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in: the unit of the unit owner or dwelling unit or mobile home unit of the tenant; a vehicle located in a parking area provided by the common interest community association, condominium association, or landlord or park owner for the unit owner or tenant; or within a common area location of a common interest community or condominium or another controlled location of the landlord or park owner. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Common Interest Community Association Act is amended by adding Section 1-71 as follows:

(765 ILCS 160/1-71 new)

Sec. 1-71. Possession of firearm or firearm ammunition.

(a) Unless possession of a firearm or firearm ammunition within a common interest community is prohibited by State or federal law, a unit owner, a tenant or guest of a unit owner, or a guest of a tenant of a unit owner shall not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in:

(1) the unit of the unit owner;

(2) a vehicle located in a parking area provided for the unit owner or guest of the unit owner by the association; or

(3) within a common area, as necessary to:

(i) enter or exit the condominium property;

(ii) enter or exit the unit of the unit owner; or

(iii) enter or exit a vehicle within the common interest community or located in a parking area provided for the unit owner or guest of the unit owner by the association.

(b) This Section applies notwithstanding any community instruments or bylaws to the contrary, regardless of the date of the adoption of the community instruments or bylaws.

Section 10. The Condominium Property Act is amended by adding Section 18.11 as follows:

(765 ILCS 605/18.11 new)

Sec. 18.11. Possession of firearm or firearm ammunition.

(a) Unless possession of a firearm or firearm ammunition on condominium property is prohibited by State or federal law, a unit owner, a tenant or guest of a unit owner, or a guest of a tenant of a unit owner shall not be prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in:

(1) the unit of a unit owner;

(2) a vehicle located in a parking area provided for the unit owner or guest of the unit owner by the association; or

(3) within a common area, as necessary to:

(i) enter or exit the condominium property;

(ii) enter or exit the unit of a unit owner; or

(iii) enter or exit a vehicle on the condominium property or located in a parking area provided for the unit owner or guest of the unit owner by the association.

(b) This Section applies notwithstanding any condominium instruments or bylaws to the contrary, regardless of the date of the adoption of the condominium instruments or bylaws.

Section 15. The Landlord and Tenant Act is amended by adding Section 17 as follows:

(765 ILCS 705/17 new)

Sec. 17. Possession of firearm or firearm ammunition. Unless possession of a firearm or firearm ammunition on the property of a landlord is prohibited by State or federal law, a landlord shall not prohibit a tenant or a guest of a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in:

(1) the dwelling unit of the tenant;

(2) a vehicle located in a parking area provided for the tenant or guest of the tenant by the landlord; or

(3) another location controlled by the landlord, as necessary to:

(i) enter or exit the dwelling unit of the tenant;

(ii) enter or exit the leased premises; or

(iii) enter or exit a vehicle on the leased premises or located in a parking area provided for the tenant or guest of the tenant by the landlord.

Section 20. The Mobile Home Landlord and Tenant Rights Act is amended by adding Section 12b as follows:

(765 ILCS 745/12b new)

Sec. 12b. Possession of firearm or firearm ammunition. Unless possession of a firearm or firearm ammunition within a mobile home park or manufactured home community of a park owner is prohibited by State or federal law, a park owner shall not prohibit a tenant or a guest of a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in:

(1) the mobile home unit of the tenant;

(2) a vehicle located in a parking area provided for the tenant or guest of the tenant by the park owner; or

(3) another location controlled by the park owner, as necessary to:

(i) enter or exit the mobile home unit of the tenant;

(ii) enter or exit the leased premises; or

(iii) enter or exit a vehicle on the leased premises or located in a parking area provided for the tenant or guest of the tenant by the park owner.

Section 99. Effective date. This Act takes effect upon becoming law.