HB0831ham001 98TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 4/16/2013

09800HB0831ham001 LRB098 03658 RLC 44679 a

AMENDMENT TO HOUSE BILL 831

AMENDMENT NO. ______. Amend House Bill 831 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Guns In Public Act.

Section 5. Legislative findings; purpose and intent. The General Assembly hereby finds and declares:

(a) Gun violence takes an extraordinary toll on families and communities in Illinois. In 2010, over 1,000 individuals died from firearm-related injuries in Illinois. In that same year, incidents of gun murders, gun suicides, and unintentional shootings in Illinois killed 142 children and adolescents ages 19 and younger.

(b) Firearms carried or possessed in public places increase the risk of deaths and injuries by increasing the chances that firearms will be used to settle disputes, and by increasing the risk of an accidental shooting at a place where large numbers of people are gathered. The carrying or possession of firearms in public places also increases the risk that those firearms will be lost or stolen, and end up in the hands of criminals or other persons ineligible to possess firearms.

(c) Flawed application processes in existing state systems for licensing individuals to carry concealed weapons ("CCW laws") have allowed numerous persons prohibited from possessing firearms to receive CCW permits. Analyses have found that numerous criminals (including rapists, armed robbers, individuals who had pleaded guilty or no contest to felonies, individuals with outstanding warrants, people with active domestic violence injunctions against them, and 6 registered sex offenders) had been issued CCW licenses under other states' permissive laws.

(d) Research has shown that individuals issued CCW permits include not only people who have committed violent crimes in the past, but also those who subsequently commit violent crimes. One study found that Texas CCW permit holders were arrested for weapons-related crimes at a rate 81% higher than that of the state's general adult population. According to the Violence Policy Center (VPC), between May 2007 and November 2012, individuals licensed to carry concealed weapons ("CCW permit holders") killed at least 14 law enforcement officers and 485 private citizens (including 35 shooters who killed themselves after an attack).

(e) On December 11, 2012, the Seventh Circuit Court of Appeals in Moore v. Madigan, upheld a challenge to the Illinois law prohibiting the carrying of handguns, either openly or concealed in public places. The Seventh Circuit reversed and remanded the lower court's dismissal of the challenge but stayed the mandate for 180 days to allow the General Assembly to remedy the violation by enacting a new law. Moore v. Madigan, 702 F.3d 933 (7th Cir. Ill. 2012).

(f) The Seventh Circuit's opinion in Moore suggested that Illinois adopt a discretionary concealed carry licensing law. The court explained that since Illinois "is not a state with a strong pro-gun culture, unlike the states that began allowing concealed carriage before Heller and MacDonald [sic] enlarged the scope of Second Amendment rights", a discretionary law would be more appropriate for Illinois than a law with only "minimal permit restrictions on carriage of guns outside the home". (emphasis in original). Additionally, the court endorsed a requirement that concealed carry licensing applicants demonstrate that they have experience using, and can safely handle, a firearm. The court also spoke approvingly of state legislation that would allow private property owners to prohibit firearms, including concealed weapons, on their property.

(g) On March 21, 2013, the Fourth Circuit Court of Appeals, in Woollard v. Gallagher, upheld Maryland's law restricting the carrying of firearms in public. Under Maryland's law, in order to obtain a permit to carry a handgun in public, a person must demonstrate "a good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger." The Fourth Circuit held that this requirement does not violate the Second Amendment. Woollard v. Gallagher, 2013 U.S. App. LEXIS 5617 (4th Cir. Md. 2013).

(h) The Seventh Circuit's opinion in Moore favorably cited Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y. 2012), a recent opinion of the Second Circuit Court of Appeals, which upheld New York's law restricting the carrying of firearms in public. New York's law gives the local issuing authority considerable discretion in deciding whether to issue a license, and has been interpreted to require an applicant for an unrestricted license to demonstrate "a special need for self-protection distinguishable from that of the general community". By favorably citing the Second Circuit's opinion in Kachalsky, the Seventh Circuit in Moore indicated that it agreed that New York's requirements are consistent with the Second Amendment.

(i) It is the purpose and intent of the General Assembly to restrict the carrying of firearms in public places in the State in compliance with the Seventh Circuit's opinion in Moore. The General Assembly further believes it is necessary to restrict the carrying of firearms in public places to individuals who have demonstrated a particularized need to carry a firearm in public because they are exposed to unusual personal danger, distinct from other members of the community. The General Assembly further believes that individuals who are licensed to carry a concealed firearm in public should first undergo extensive safety training, and a comprehensive background check. The General Assembly believes these restrictions will help to reduce gun deaths and injuries and increase public safety.

Section 10. Definitions. As used in this Act:

"Applicant" means a person who is applying for a license to carry a concealed firearm under this Act.

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person entirely hidden from view of the public, or carried in a vehicle in such a way as it is entirely hidden from view of the public.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include a stun gun or taser.

"License" means a license issued by the Department of State Police to carry a loaded or unloaded concealed firearm.

"Licensee" means a person issued a license to carry a concealed firearm.

"Peace officer" means (1) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to any offenses or is limited to specific offenses, or (2) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

"Particularized need" means that the applicant is exposed to unusual personal danger, distinct from other members of the community.

"Superintendent" means the Superintendent of Police for the City of Chicago.

Section 15. Issuance of licenses to carry a concealed firearm.

(a) A licensee shall possess a license any time the licensee carries a concealed firearm except:

(1) if the person is carrying or possessing a concealed firearm and the person is on his or her land or in his or her abode or legal dwelling or in the abode or legal dwelling of another adult as an invitee with that adult's express permission to carry a concealed firearm;

(2) if the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012; or

(3) the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(a-5) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 55.

(b) The Department shall make applications for a license available no later than 180 days after the date specified in subsection (g). Applications shall be available at Department locations, sheriff offices, Chicago Police Headquarters, on the Department's official website, and any other location designated by the Department.

(c) A completed application for a license shall be submitted to the office of the sheriff of the county in which the applicant resides with any accompanying materials and fees, unless the applicant resides in the City of Chicago, in which case the application shall be submitted to the Superintendent of Police. The applicant shall verify the contents of the application by oath or affirmation in writing before an officer authorized by the sheriff or Superintendent. The sheriff or Superintendent shall review the application and shall promptly return an incomplete application to the applicant. Each applicant for a license or renewal of a license under this Act shall pay at the time of application a fee to the Department in an amount set by the Department, and a fee to the sheriff or Superintendent in an amount set by the sheriff or Superintendent.

(d) A sheriff or the Superintendent may submit a recommendation for approval of an application to the Department, if the applicant is an eligible individual under Section 20 who has sufficiently demonstrated, in the judgment of the sheriff or Superintendent, that:

(1) he or she has a particularized need for the license;

(2) he or she is a responsible person; and

(3) the issuance of a license is in the public's interest.

If the application is approved, the sheriff or Superintendent shall submit the application, any accompanying materials, and the application fee to the Department within 30 days of receipt, unless good cause exists to extend this time period. Upon request of a municipal law enforcement agency, the sheriff shall notify the department of the name, address, and date of birth of any person submitting an application for a license. The municipal police department may submit to the sheriff information deemed to be relevant to the application, and the sheriff may consider the information when determining whether to submit an objection. If the applicant is found by a sheriff or Superintendent to be ineligible, the sheriff or Superintendent shall deny the application and notify the applicant in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 30 days, appeal the denial. Upon receiving an appeal, the sheriff or Superintendent shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the sheriff or Superintendent denies the application, the applicant must be informed of the right to administrative review.

(e) Once the Department has received a recommendation for approval from the sheriff or Superintendent, the Department shall consider whether the applicant is eligible for a license under Section 20, and whether, in the judgment of the Department, the applicant meets the qualifications of subsection (d) of this Section. The Department may issue a license to an applicant who meets these requirements and has obtained the approval of the sheriff or Superintendent. If the applicant is found by the Department to be ineligible, the Department shall follow the procedures set forth in subsection (d) for reconsideration of the application.

(f) The license shall be issued or denied by the Department within 3 months of receipt of a completed application from a sheriff or the Superintendent, unless good cause exists to extend this time period. A license shall be valid throughout the State for a period of 5 years.

(g) Notwithstanding the other provisions of this Act, no license shall be issued under this Act unless and until the Department has reported any persons prohibited from possessing a firearm to the National Instant Criminal Background Check System, Denied Persons Files, in accordance with Public Act 95-564.

(h) Fees authorized by this Act shall be set in amounts sufficient to cover the costs of administering and enforcing this Act, and may be increased at any time as necessary to cover these costs.

(i) The Department shall adopt rules to implement the provisions of this Section.

Section 20. Eligibility of an applicant for a license. The Department shall not issue a license to an applicant completing an application in accordance with Section 25 of this Act unless the person has demonstrated that he or she:

(1) is at least 21 years of age;

(2) has a valid Firearm Owner's Identification Card;

(3) has been a resident of this State for at least the previous 30 days;

(4) has not, in this State or any other state, been convicted of, pled guilty to, or entered a plea of nolo contendere for: (A) a felony, (B) a misdemeanor involving the use or threat of physical force or violence to any person, (C) a misdemeanor involving the use, possession, or distribution of a controlled substance or cannabis within the 10 years preceding the date of the application, or (D) a misdemeanor involving the manufacture, sale, carrying, possession, or use of a firearm or dangerous or deadly weapon or ammunition;

(5) has not been adjudicated a delinquent minor under the Juvenile Court Act of 1987 or a similar law in another jurisdiction, for an offense which, if committed by an adult, would disqualify the adult for a license under this Section;

(6) is not subject to an order of protection under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986, or any similar law in another jurisdiction;

(7) has not been a patient in a mental institution within the past 5 years, has not been adjudicated as having a mental defect, or is not intellectually disabled;

(8) is not free on any form of bond or pretrial release, other than for a traffic offense, and has no outstanding warrants in this State or any other state;

(9) does not chronically and habitually abuse alcoholic beverages as evidenced by the applicant having one or more conviction for violating Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or another state's law within 5 years preceding the date of the application, or if the applicant has elected treatment under the supervision of a licensed program in accordance with the Alcoholism and Other Drug Abuse and Dependency Act or similar laws of any other state, within 5 years preceding the date of the application;

(10) has completed firearms training and any educational component required in Section 70 of this Act; and

(11) possesses the same powers of eyesight as required for a driver's license under Section 6-109 of the Illinois Vehicle Code.

Section 25. Contents of application.

(a) The application shall be in writing, under oath and penalty of perjury, on a standard form adopted by the Department and shall be accompanied by the documentation required in this Section and any applicable fees.

(b) The application shall contain the following information:

(1) the applicant's name, current address, home and business telephone numbers, and cell phone number, if any, gender, date and year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address at which the applicant resided for more than 30 days within the 5 years preceding the date of the application;

(2) the present business or occupation and any business or occupation in which the applicant has engaged during the 5-year period immediately preceding the application and the addresses of those businesses or places of employment;

(3) the applicant's driver's license or State identification card number and the last 4 digits of the applicant's social security number;

(4) the marital status of the applicant;

(5) the names and last known addresses of the applicant's spouse and any former spouses, children, stepchildren, and foster children, current household members and household members during the preceding 5 years:

(6) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 70 of this Act;

(7) proof that the applicant is a resident of this State and has been for at least the previous 30 days;

(8) whether the federal government or a governmental entity in any state or subdivision of any state has denied or revoked the applicant's license, permit, registration, or certificate pertaining to any firearm and if so, the jurisdiction, the identifying number of the license, permit, registration, or certificate, the reason, and the date;

(9) whether the applicant has failed a drug test within the preceding 5 years and if so, the provider of the test, the specific substance involved, and date of the test;

(10) whether the applicant has ever been prohibited by law from purchasing, possessing, or carrying a firearm and if so, the jurisdiction, the date, and the reason for the prohibition;

(11) whether the applicant has been suspended or expelled from a postsecondary educational institution, such as a college or university, because of suspected mental illness or violent behavior, and if so, the name of the school, the date, and the reason for the suspension or expulsion;

(12) a description of any incident in which the applicant threatened, injured or killed any person, if a firearm was involved or the incident occurred during the preceding 5 years and the police were involved, including, for each incident, the date, place, time, circumstances, and the names of the persons and police agencies involved, if any;

(13) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under any federal and State laws, including those governing access to juvenile court, criminal justice, psychological or psychiatric records, or records relating to the applicant's history of institutionalization, and an affirmative request that any person having custody of the record provide it or information concerning it to the Department;

(14) a conspicuous warning that false statements made by the applicant will result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 2012;

(15) an affirmation that the applicant possesses a currently valid Firearm Owner's Identification Card;

(16) an affirmation that the applicant has never been convicted in this State or any other state of (A) a felony, (B) a misdemeanor involving the use or threat of physical force or violence to any person, (C) a misdemeanor involving the use, possession, or distribution of a controlled substance or cannabis within the 10 years preceding the date of the application, or (D) a misdemeanor involving the manufacture, sale, carrying, possession or use of a firearm or dangerous or deadly weapon or ammunition;

(17) an explanation of the applicant's particularized need for and intended use of the firearm, including descriptions of any incident in which the applicant has been threatened or injured, or copies of police reports or restraining orders, if applicable;

(18) the make, model, manufacturer's name, caliber or gauge, and serial number of each firearm to be carried under the license;

(19) written agreement that, if the person is approached by a peace officer while carrying a concealed firearm under the license, the person will immediately inform the officer that he or she is in possession of a firearm and a license to carry a concealed firearm, and will submit to a pat down search and allow the officer to take possession of the firearm for the duration of the encounter;

(20) written consent to submit to one or more field sobriety or chemical tests to determine the presence of alcohol or drugs, at any point when the person is carrying a concealed firearm and the person is approached by a peace officer who has a reasonable suspicion that the person is under the influence of alcohol or a controlled substance;

(21) proof that the applicant possesses the same powers of eyesight as required for a driver's license under Section 6-109 of the Illinois Vehicle Code. If an applicant does not possess a current Illinois driver's license, the applicant may present a current optometrist's or ophthalmologist's statement certifying the vision reading obtained from the applicant; and

(22) any other information that the sheriff, Superintendent, or the Department finds necessary to process an application.

(c) A person applying for a license shall provide a head and shoulder color photograph in a size specified by the Department that was taken within the 30 days preceding the date of the application. The applicant shall consent to both the sheriff or Superintendent and the Department reviewing and using the applicant's digital driver's license or Illinois Identification photograph and signature, if available. The Secretary of State shall allow the sheriff or Superintendent and the Department access to the photograph and signature for the purpose of identifying the applicant and issuing to the applicant a license.

(d) A person applying for a license shall submit with an application a full set of legible fingerprints. Fingerprinting may be administered by the Department or any other federal, State, county, or municipal law enforcement agency. The cost of fingerprinting shall be paid by the applicant. The Department shall accept a hard copy or electronic version of fingerprints.

(e) A person applying for a license shall submit a photocopy of a certificate or other evidence of completion of a course to show compliance with Section 70 of this Act.

(f) The Department is authorized to establish a system for electronically submitting applications, including applications for renewal or a replacement license.

Section 30. Investigation of applicant.

(a) The sheriff, or if the applicant resides in the City of Chicago, the Superintendent of Police, shall complete a background check on an applicant for a license to carry a concealed firearm to ensure compliance with the requirements of this Act and any federal, State, and local laws. The background check shall include a search of the following:

(1) the National Instant Criminal Background Check System of the Federal Bureau of Investigation;

(2) any available State and local criminal history record information files, including records of juvenile adjudications;

(3) any available federal, State, and local records regarding wanted persons;

(4) any available federal, State, and local records of domestic violence restraining and protective orders;

(5) any available federal, State, and local records identifying persons who are unlawful users of or addicted to any controlled substance (as defined in Section 802 of Title 21 of the United States Code);

(6) the files of the Department of Human Services relating to mental health and developmental disabilities; and

(7) any other available files of any federal, State, local agency, and other entity (private or public) in any jurisdiction likely to contain information relevant to whether the applicant is prohibited from purchasing or possessing a firearm under federal, State, or local law.

(b) As part of its investigation, the sheriff, Superintendent, or Department may, at its discretion, conduct interviews of the applicant, any of the applicant's current or former family or household members, co-workers, employers, neighbors, the character references as listed on the application, and any other member of the public who may have information relevant to the application.

Section 35. Database of applicants and licensees.

(a) The Department shall maintain a database of applicants for a license and licenses. The database shall be available to any law enforcement agencies, State's Attorneys, and the Attorney General. Members and staff of the judiciary may access the database for the purpose of determining whether to confiscate a license or to ensure compliance with this Act or any other law. The database shall be searchable and provide any information included in the application, a photograph of the applicant or licensee, and any information related to violations of this Act. Individual law enforcement agencies shall not maintain a separate, searchable database of applicants and licensees containing information included in the database.

(b) The Department shall make available on its website statistical information about the number of licenses issued by county, age, race, or gender. The Department shall also make available on its website and upon request information about the number of arrests and convictions and the types of crimes committed since the last report by licensees. The report shall be updated quarterly. Except as provided in this subsection, applications and information in the database shall be confidential and exempt from disclosure under the Freedom of Information Act. The sheriff, Superintendent, or Department may answer requests to confirm or deny whether a person has been issued a license as part of inquiries dealing with a criminal investigation, and may disclose the existence of an application as necessary to conduct the interviews authorized by subsection (b) of Section 30. No law enforcement agency, State's Attorney, or member or staff of the judiciary, other than the Department, shall provide any information to a requester not entitled to it by law, except as provided in this subsection.

Section 40. Suspension or revocation of a license.

(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a license based on the criteria set forth in Section 20 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card. This subsection does not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card.

(b) A license shall be revoked if an order of protection under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issued against a licensee, or if the Department is made aware of a similar order issued against the licensee in any other jurisdiction. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity designated to serve process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order shall transmit the license to the Department.

(c) The Department may temporarily or permanently suspend a license for a violation of Section 55 of this Act in accordance with subsection (g) of Section 55.

(d) A license shall be invalid upon expiration of the license, unless the licensee has submitted an application to renew the license. A person who fails to renew his or her application within 30 days after its expiration must reapply for a new license and pay the fee for a new application.

(e) The Department may suspend a license if a licensee fails to submit a change of address or name or fails to report a lost or destroyed license to the Department within 30 days.

Section 45. Renewal of license.

(a) Not later than 120 days before the expiration of any license issued under this Act, the Department shall notify the licensee in writing of the expiration and furnish an application for renewal of the license or make the application available on-line.

(b) Applications for renewal of a license shall be made to the office of the sheriff of the county in which the applicant resides with any accompanying materials and fees, unless the applicant resides in the City of Chicago, in which case the application shall be made to the Superintendent of Police. The sheriff or Superintendent shall follow the procedures in Section 15 for submittal of the renewal application and accompanying materials to the Department. A license may be renewed for a period of 5 years upon receipt of a completed renewal application, renewal fees, and completion of an investigation under Section 30. The renewal application shall contain the information required in Section 25, except that the applicant need not resubmit a full set of fingerprints. A license holder must repeat the safety training and testing requirements in Section 70 at least once every 5 years, and more frequently at the discretion of the sheriff or Superintendent.

Section 50. Change of address, change of name, or lost or destroyed licenses.

(a) The licensee shall notify the Department within 30 days of moving or changing a residence or any change of name, and upon the discovery of the loss or destruction of a license.

(b) If a licensee changes residence within this State or changes his or her name, the licensee shall request a new license. The licensee shall submit a fee in an amount set by the Department, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 25 of this Act. The statement must include the prior and current address or name and the date the applicant moved or changed his or her name.

(c) A lost or destroyed license shall be invalid. To request a new license, the licensee shall submit (1) a fee in an amount set by the Department, (2) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, (3) a copy of a police report stating that the license was lost, destroyed, or stolen, and (4) a photograph as required in Section 25 of this Act.

Section 55. Restrictions.

(a) No license issued under this Act shall authorize any person to knowingly carry a concealed firearm into:

(1) Any building under the control of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.

(2) Any building under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions.

(3) Any courthouse or building occupied in whole or in part by the Circuit, Appellate, or Supreme Court or a room designated as a courtroom for court proceedings by any of these courts.

(4) Any meeting of the governing body of a unit of local government or special district.

(5) Any place which is licensed to sell intoxicating beverages.

(6) Any area of an airport to which access is controlled by the inspection of persons and property.

(7) Any place where the carrying of a firearm is prohibited by federal law.

(8) Any elementary or secondary school.

(9) Any portion of a building used as a child care facility. Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or license, so long as the firearm is stored unloaded in a locked container.

(10) Any gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975.

(11) Any gated area of an amusement park.

(12) Any stadium, arena, or collegiate or professional sporting event.

(13) A hospital or mental health facility.

(14) A library without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of the consent.

(15) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.

(16) Any adult or juvenile detention or correctional institution, prison, or jail.

(17) Any polling place on any election day.

(18) Any street fair or festival, farmer's market, carnival, concert, protest, parade or other temporary special event, that is conducted primarily outdoors on property open to the public, and that requires the issuance of a permit from the city or county where it occurs, unless the city or county specifically authorizes licensees to carry concealed firearms at the event.

(19) Any private property without the express permission of the owner, manager, operator, or individual with the authority to control activities in that place at that time. This provision shall apply to private property of any kind, including private residences and places of business, regardless of whether they are open or closed to members of the public.

(20) Any building owned, leased, or controlled by a municipality or any building or property owned, leased or controlled by a school district unless authorized by a majority vote of members of its governing board. Nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm on any sidewalk, on any highway or roadway, in any public restroom, or in the licensee's own residence.

(a-1) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public and private colleges and universities from prohibiting, restricting or otherwise regulating firearms on their campuses, grounds and other property, including but not limited to sidewalks, and commons, owned by the school district, community college, or public or private college or university or in buildings used in whole or in part for housing, classrooms, laboratories, medical clinics, hospitals, and artistic, athletic and entertainment venues; or on or in property owned, controlled or leased by officially recognized student organizations or officially recognized university-related organizations.

(a-2) Nothing in this Act shall preempt, abridge, limit or diminish the authority of community colleges, and public and private colleges and universities from prohibiting persons from carrying a firearm into a vehicle owned, leased or controlled by the school districts, community colleges, or public or private college or universities regardless of where the vehicle travels. School districts, community colleges, and public or private colleges or universities may develop resolutions, regulations, or policies regarding the storage and maintenance of firearms, including but not limited to designating areas where individuals may park vehicles that carry firearms. These resolutions, regulations, or policies may specify that persons in violation of the resolutions, regulations, or policies may be denied entrance to the campus, grounds, building, vehicles or other property and subjected to a civil fine of no more than $1,500 for any violation of the provisions of the resolution, regulation, or policy.

(a-3) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public or private colleges or universities from taking actions proscribed by their resolutions, regulations, or policies against violations of the resolutions, regulations, or policies, which may qualify as student, employee, or visitor misconduct and may result in discipline, including, but not limited to, expulsion from the school district, community college, or public or private college or university, termination of employment or appointment, or suspension or banning from the school district, community college, or public or private college or university campuses, grounds and other property.

(a-4) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public or private colleges and universities from permitting the carrying or use of firearms for the purposes of instruction and curriculum of officially recognized programs, such as military science programs. These programs shall be authorized by the chief executive officer of the community college, or public or private college or university or his or her designee.

(b) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises specified in subsection (a) if the handgun is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with any other applicable provisions of law.

(c) A license to carry a concealed firearm issued or renewed under this Act may include any additional reasonable restrictions or conditions which the Department deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a firearm. No license to carry a concealed firearm issued under this Act shall be valid within the City of Chicago unless the Superintendent of Police of that City has issued a special permit authorizing the license holder to carry a concealed firearm in the City. No license to carry a concealed firearm shall be valid in Cook County outside the City of Chicago unless the Cook County Sheriff has issued a special permit authorizing the license holder to carry a concealed firearm in Cook County, except that a license holder who has received a special permit from the Superintendent of Police of the City of Chicago shall be authorized to carry a concealed firearm throughout Cook County.

(d) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, the licensee shall immediately disclose to the officer that he or she is in possession of a concealed firearm under this Act. The licensee shall comply with any lawful orders and directions from the officer. For the safety of the officer and the public, the officer may conduct a pat down of the licensee and take possession of the firearm for the duration of the encounter.

(e) A licensee shall not carry a concealed firearm while under the influence of alcohol or any drug, substance, or compound in an amount that would render the licensee unfit to drive under Section 11-501 of the Illinois Vehicle Code. If a licensee is approached by a peace officer while carrying a concealed firearm and the officer has a reasonable suspicion that the licensee is under the influence, the officer may require the licensee to submit to one or more field sobriety or chemical tests to determine the presence of alcohol or any drug, substance, or compound that would render the licensee unfit to drive under Section 11-501 of the Illinois Vehicle Code.

(f) A violation of subsection (a), (b), (c), (d), or (e) is a Class B misdemeanor. A knowing violation of subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor. The court may require a licensee to pay a $150 fee, in addition to any other fees or court costs, for a violation of subsection (d).

(g) The Department may suspend a license for up to 180 days for a second or subsequent violation of subsection (a), (b), (c), (d), or (e). The Department shall permanently revoke a license for a willful violation of this Section.

Section 60. Immunity, employees, and agents. The office of the county sheriff, or any employee or agent of the county sheriff, or the Superintendent of the Chicago Police Department or any employee or agent of the Superintendent, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failure to grant, deny, renew, revoke, or suspend licenses issued under this Act, except for willful or wanton misconduct.

Section 65. Statistical report.

(a) By March 1 of each year, the Department shall submit a statistical report to the Governor, the President of the Senate, and the Speaker of the House of Representatives indicating the number of licenses issued, revoked, suspended, denied, and issued after appeal since the last report and in total and also the number of licenses currently valid. The report shall also include the number of arrests and convictions and the types of crimes committed since the last report by licensees, including the name of any licensee who has been convicted of a crime, and the type of crime.

(b) The Secretary of State shall conduct a study to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a license by the Department on the person's driver's license.

Section 70. Applicant training.

(a) Students in the applicant training course shall provide their own safe, functional handgun and factory-loaded ammunition. The applicant shall complete the requirements of this Section for each particular make and model of handguns that the applicant may be licensed to carry.

(b) The applicant training course shall be the standardized training course approved by the Department. The sheriff, or, if the applicant resides in the City of Chicago, the Superintendent may impose additional requirements for the training course. The course shall be taught by a qualified firearms instructor, consisting of at least 8 hours of instruction, covering at least the following topics for each particular handgun to be carried by the applicant:

(1) handgun safety in the classroom, at home, on the firing range, or while carrying the firearm;

(2) the basic principles of marksmanship;

(3) care and cleaning of each particular handgun to be carried by the applicant;

(4) by means of a instruction and videotape produced or approved by the Department:

(A) the requirements for obtaining a license to carry a concealed firearm in this State;

(B) laws relating to firearms as prescribed in this Act, the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 2012, and 18 U.S.C. 921 through 930; and

(C) laws relating to the justifiable use of force as prescribed in Article 7 of the Criminal Code of 2012.

(5) live firing exercises of sufficient duration for each applicant to fire each particular handgun to be carried by the applicant:

(A) a minimum of 50 rounds; and

(B) 30 rounds from a distance of 7 yards and 20 rounds from a distance of 15 yards at a B-21 silhouette or equivalent target as approved by the Department;

(6) methods for safely storing and securing firearms and ammunition and preventing access by children and other unauthorized persons; and

(7) techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

(c) Prior to conducting range firing, the course instructor shall:

(1) inspect each applicant's firearm; and

(2) not allow the firing of a handgun which is not in sound mechanical condition or otherwise may pose a safety hazard.

(d) The classroom portion of the course may, at the qualified firearms instructor's discretion, be divided into segments of not less than 2 hours each.

(e) Applicant training courses shall not be open to anyone under the age of 21 and no certificate of completion shall be issued to persons less than 21 years of age.

(f) Instructors shall maintain any records for students' performance for not less than 5 years.

(g) At the conclusion of the classroom portion of the applicant training course, the qualified firearms instructor shall:

(1) distribute a standard course examination to the students;

(2) not leave the room in which the examination is being held while the examination is in progress;

(3) collect examination booklets and answer sheets from each student at the end of the examination period; and

(4) not grade the examinations in the presence of students.

(h) A person shall not:

(1) make an unauthorized copy of the applicant training course examination, in whole or in part; or

(2) possess the applicant training course examination, or questions from the examination, unless authorized by the Department.

(i) During the firearms safety training course, the applicant must satisfactorily demonstrate to the course instructor the safe handling of each particular handgun to be carried by the applicant. This demonstration must include the proper loading and unloading of the handgun, the proper engaging and disengaging of common firearm safety mechanisms, and the proper firing of the handgun. If the handgun has a detachable magazine, the demonstration must also include the proper removal and reattachment of the magazine.

(j) Grades of "passing" shall not be given on range work to an applicant who:

(1) does not follow the orders of the certified firearms instructor;

(2) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(3) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the 30 rounds fired for each particular handgun to be carried by the applicant.

(k) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make any course records available upon demand to authorized personnel of the Department; and

(3) not divulge course records except as authorized by the certifying agency.

(l) Fees for applicant training courses shall be set by the instructor.

(m) An applicant training course shall not have more than 40 students in the classroom portion or more than 5 students per range officer engaged in range firing.

(n) Within 3 business days after the completion of the course, the certified firearms instructor shall:

(1) grade the examinations; and

(2) issue to the student:

(A) a certificate of successful course completion; or

(B) notification that the applicant has failed the written portion of the course, the live firing portion of the course, or both, and will not be issued a certificate of completion.

(o) A student shall be issued a certificate of completion if he or she:

(1) answers at least 70% of the written examination questions correctly. The Department shall develop the written exam not to exceed 50 questions; and

(2) achieves a grade of "passing" on the range work.

(p)(1) Students who score below 70% on the written examination may retake the examination one time without having to retake the course.

(2) Students who do not achieve a grade of "passing" on the range work may repeat the range work one time without having to retake the course.

(q) For purposes of this Section, successful completion of Firearms Instructor Training under Section 75 shall meet the training requirements of this Section if approved by the sheriff or Superintendent.

Section 75. Firearms instructors training.

(a) Not later than 90 days after the effective date of this Act, the Department shall offer and teach courses to qualify instructors under this Section in each State Police District that has a suitable gun range. Courses shall be available at least bi-monthly, or whenever 5 or more individuals request a class in any State Police District. However, nothing in this Section shall require a course to be held if there are no requests pending, and adjoining districts may combine classes in order to have at least 5 participants.

(b) Persons who are not qualified firearms instructors shall not teach applicant training courses or advertise or otherwise represent courses they teach as qualifying their students to meet the requirements to receive a license under this Act.

(c) Persons who are not certified instructor trainers shall not teach instructor qualification courses.

(d) Persons wishing to become qualified firearms instructors shall:

(1) be at least 21 years of age;

(2) be a citizen of the United States; and

(3) meet the requirements of Section 20, and any additional requirements established by the Department.

(e) Persons wishing to become instructor trainers, in addition to the requirements of subsection (d) of this Section, shall:

(1) possess a high school diploma or GED certificate; and

(2) have at least one of the following valid firearms instructor certifications:

(A) certification from a firearms instructor's course offered by a State or federal governmental agency; or

(B) a similar firearms instructor qualifying course, approved by the Director of State Police or his or her designee.

(f)(1) Persons wishing to become qualified firearms instructors or instructor trainers shall agree to background checks.

(2) An applicant to become a qualified firearms instructor may be disqualified from taking firearms instructor training, or have his or her instructor qualification revoked, if the applicant:

(A) does not meet the requirements of Section 20 of this Act;

(B) provides false or misleading information on the application; or

(C) has had a prior instructor qualification revoked by the Department or other issuing body.

(g) The training course to certify firearms instructors and instructor trainers shall include:

(1) At least 16 hours of instruction covering at least the following topics by means of a videotape produced or approved by the Department:

(A) the requirements for obtaining a license under this Act;

(B) laws relating to firearms as contained in this Act, the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 2012, and 18 U.S.C. 921 through 930;

(C) laws relating to the justifiable use of force as contained in Article 7 of the Criminal Code of 2012;

(D) the conducting of applicant training courses;

(E) record-keeping requirements of this Act;

(F) the basic nomenclature of handguns;

(G) the basic principles of marksmanship; and

(H) the safe handling of handguns.

(2) A classroom demonstration, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to prepare and deliver a classroom presentation using materials from the applicant curriculum.

(3) Range instruction and firing of live ammunition, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to:

(A) handle and fire a handgun safely and accurately;

(B) conduct a function test and safety inspection of revolvers and pistols;

(C) clean revolvers and pistols; and

(D) supervise and conduct live firing exercises in a safe and efficient manner.

(h) To qualify as a certified firearms instructor or instructor trainer, instructor candidates shall meet any requirements established by the Department, and achieve:

(1) a minimum score of 80% on a written examination covering the material taught during the classroom portion of the course; and

(2) a minimum score of 80% on range firing of a handgun while aiming at a B-21 silhouette target or an equivalent as approved by the Department, with a minimum of:

(A) 20 rounds from 7 yards; and

(B) 10 rounds from 15 yards; and

(C) a score of "passing" from the course instructor for demonstrating competency in each of the following:

(i) supervising and conducting live fire;

(ii) cleaning and inspecting handguns; and

(iii) preparing and delivering the classroom lecture.

(i) Instructor candidates who fail to meet the minimum requirements of subsection (h) of this Section may retake the examination, range work, or classroom demonstration one time without having to repeat the course.

(j) Qualified firearms instructor and instructor trainer certificates shall be valid for 10 years from the date of issue. Qualified firearms instructors or instructor trainers may renew their certification by successfully completing a refresher course offered or approved by the Department.

(k) The fees for instructor courses or refresher courses shall be $100 per student paid to the Department. Fees shall not be refunded to those who do not pass or otherwise fail to complete a course.

(l) Course participants shall provide their own safe, functional handgun and factory-loaded ammunition.

(m) Prior to conducting range firing, the course instructor shall:

(1) inspect each applicant's firearm; and

(2) not allow the firing of a handgun which is not in sound mechanical condition or otherwise may pose a safety hazard.

Section 80. Features of a license.

(a) If an application for a license to carry a concealed firearm is approved, the Department shall issue to the applicant a license to carry a concealed firearm on a form prescribed by the Department which contains the applicant's name, photograph, residence address, date of birth, a unique license number, the make, model, caliber or gauge, and serial number of the firearm or firearms to be carried, other personal information as may be required by the Department, the date the license expires, and any additional restrictions or conditions the Department may impose on the applicant's carrying of a firearm.

(b) A license to carry a concealed firearm issued by the this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm.

Section 105. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Information maintained by the Department of State Police in accordance with subsection (a) of Section 35 of the Guns In Public Act, except as authorized by that Act.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13.)

Section 110. The Criminal Code of 2012 is amended by changing Sections 21-6 and 24-2 as follows:

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

Sec. 21-6. Unauthorized Possession or Storage of Weapons.

(a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonable request for permission under paragraph (a).

(c) This Section does not apply to a person acting lawfully under the Guns In Public Act.

(Source: P.A. 89-685, eff. 6-1-97.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such 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 places 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, and 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; and 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 an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of 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, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. 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 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 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 agency at all times when he or she is in possession of a concealable weapon.

(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 such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the 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 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 security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such 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 such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the 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 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 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 the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "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 the Peace Officer Fire Investigation Act.

(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 Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) 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.

(13) 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.

(13.5) 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.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 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, and patrons of such ranges, while such 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 non-functioning 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 adult person as an invitee with that adult's person's permission to carry a concealed firearm.

(6) Carrying a concealed firearm in accordance with the Guns In Public Act.

(c) Subsection 24-1(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 or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 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. This exemption does not authorize the general private possession of any weapon from which 8 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 paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) 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.

The exemption granted under this subdivision (c)(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.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 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.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 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) Subsections 24-1(a)(11) and 24-3.1(a)(6) do 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) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(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 subdivision (g)(1) of this Section, 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.

(g-5) Subsection 24-1(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 for 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 of 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 subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 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.

(g-7) Subsection 24-1(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.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article 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 of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article 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 subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; revised 8-23-12.)

Section 999. Effective date. This Act takes effect upon becoming law.".