HB0997ham009 98TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 4/18/2013

09800HB0997ham009 LRB098 04070 JWD 44847 a

AMENDMENT TO HOUSE BILL 997

AMENDMENT NO. ______. Amend House Bill 997, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Concealed Carry Act.

Section 10. Definitions. As used in this Act:

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

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Fund" means the Citizen Safety and Self-Defense Trust Fund.

"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, and includes a combination of parts from which that firearm can be assembled. "Handgun" includes, but is not limited to, magazines, ammunition, laser sighting devices and other accessories intrinsic to a handgun carried for defensive purposes. "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 handgun.

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

"Peace officer" means (i) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order and to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) 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. The term "peace officer" does not apply to an alderman acting as a conservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code.

Section 15. State Police Firearm Services Fund and Mental Health Reporting Fund.

(a) All application fees shall be deposited into the State Police Firearm Services Fund and the Mental Health Reporting Fund. For each new license or nonresident license, $70 shall be apportioned to the State Police Firearm Services Fund and $30 shall be apportioned to the Mental Health Reporting Fund. For each renewal, duplicate, corrected or late renewal fee, $20 shall be apportioned to the State Police Firearm Services Fund and $15 shall be apportioned to the Mental Health Reporting Fund.

(b) State Police Firearm Services Fund. There is created in the State treasury a special fund known as the State Police Firearm Services Fund. The Fund shall receive revenue under Section 5 of the Firearms Owners Identification Card Act, this Act, and Section 24-1.9 of the Criminal Code of 2012. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations and any other lawful source.

(1) The Department of State Police may use monies in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act, this Act, and Section 24-1.9 of the Criminal Code of 2012, including the cost of sending notices of expiration and Firearms Owner's Identification Cards, concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act, and this Act, the improved efficiency and reporting of the LEADS and federal NICS law enforcement data systems, and support for investigations required under these Acts and laws. Any surplus funds beyond what is needed to comply with the aforementioned purposes shall be used by the Department to improve LEADS and the criminal history background check system.

(2) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in paragraph (1) of this subsection.

(3) The State Police Firearm Services Fund shall not be subject to administrative chargebacks.

(c) Mental Health Reporting Fund. There is created in the State treasury a special fund known as the Mental Health Reporting Fund. The Fund shall receive revenue under this Act. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other lawful source.

(1) Acting in coordination, the Department of State Police and the Department of Human Services may use monies in the Fund to finance any of duties related to collecting mental health records and ensuring that mental health firearm prohibitions are enforced as set forth under the Firearm Owners Identification Card Act and this Act. Any surplus funds beyond what is needed to ensure compliance with mental health reporting shall be used by the Department of Human Services for mental health treatment programs.

(2) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in paragraph (1) of this subsection.

(3) The Mental Health Reporting Fund shall not be subject to administrative chargebacks.

Section 20. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to an applicant who: (i) meets the qualifications of Section 25 or Section 65; (ii) has provided the application and documentation required in Section 30; and (iii) has submitted the requisite fees. The Department shall issue a renewal, corrected, or duplicate license in accordance with this Act.

(a-5) The Department is authorized to issue licenses to carry a handgun under this Act. A license shall permit the licensee to:

(1) carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise;

(2) keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and

(3) keep a loaded or unloaded handgun openly or concealed in a vehicle.

(a-10) A licensee shall possess a license at all times the licensee carries a concealed firearm except (i) 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 person as an invitee with that person's permission; (ii) if the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012; or (iii) the handgun is broken down in a non-functioning state, or is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box or any other container.

(a-15) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 70 when carrying a handgun under the provisions of this Act.

(b) Not more than 60 days after the effective date of this Act, the Department shall make applications for a license available upon the effective date of this Act. Applications shall be available at Department locations, 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 Department with all accompanying materials and fees. The Department shall promptly return an incomplete application to the applicant. Each applicant for a license shall submit an $100 application fee to the Department, $70 of which shall be deposited into State Police Firearm Services Fund for use in administering the Firearm Owners Identification Act and this Act, and $30 of which shall be deposited into the Mental Health Reporting Fund.

(d) The Department may consider an objection to an application, provided the objection is in writing, includes specific reasons for the objection, and is submitted with the application by a municipal law enforcement agency or sheriff. Any objection submitted by a sheriff or a municipal law enforcement agency including reports submitted to the Department must be disclosed to the applicant unless disclosure would interfere with a criminal investigation. The Department shall maintain a database of applicants searchable by county that may be accessible by sheriffs for use in filing an objection under this subsection.

(e) Notwithstanding subsection (a), the Department may consider any objection or recommendation made by the sheriff or a municipal law enforcement agency that demonstrates the applicant is a danger to himself or herself or others. Based upon those objections, if the applicant is found by the Department to be a danger to himself or herself or others, the Department may deny the application and notify the applicant and the sheriff or the municipal law enforcement agency in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 90 days for the first year after this Act takes effect and within 45 days thereafter, appeal the denial and submit additional materials relevant to the grounds for denial. Upon receiving the additional documentation, the Department shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the Department denies the application, the applicant must be informed of the right to administrative review.

(f) During an administrative or judicial review of a denial based on subsection (d) or (e) of this Section, the Department shall have the burden of proving by clear and convincing evidence that the applicant would pose a danger to the applicant's self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.

(g) The license shall be issued by the Department within 90 days of receipt of a completed application for the first year after the effective date of this Act, and within 45 days of receipt thereafter. A license shall be valid throughout the State for a period of 5 years. If the Department does not act on the application within the time period provided in subsection (e), the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. If the applicant prevails, he or she shall be entitled to all costs, fees, and damages. If the court decides that the reason for the denial was arbitrary, capricious, malicious, or without merit, the court shall award punitive damages.

(h) Any Illinois resident who has a license or permit to carry a handgun issued by another state, as set forth in paragraph (1) of subsection (b) of Section 65, shall be able to carry a handgun in accordance with this Act using that license for 365 days following the effective date of this Act. Those states include, but are not limited to: Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas, and Wisconsin.

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

Section 25. Qualifications of an applicant for a license. The Department shall issue a license to an applicant completing an application in accordance with Section 30 of this Act if the person:

(a) is at least 21 years of age;

(b) has a valid Firearm Owner's Identification Card or, if applying for a nonresident license, has a notarized document stating that the applicant is eligible under federal law and the laws of his or her home state to possess a firearm;

(c) is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;

(d) is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification under subsection (c);

(e) does not chronically or habitually abuse alcoholic beverages, as evidenced by either of the following within the 5 years immediately preceding the application:

(1) residential or court-ordered treatment for alcoholism or alcohol detoxification; or

(2) 2 or more convictions for driving while under the influence or driving while intoxicated; and

(f) has completed firearms training and any educational component required in Section 85 of this Act.

Section 30. 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 all applicable fees.

(b) The application shall contain the following information:

(1) the applicant's name, current address, 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 applicant's driver's license or state identification card number and the last 4 digits of the applicant's social security number;

(3) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 85 of this Act;

(4) a statement that the applicant is a resident of the State of Illinois, except persons applying under Section 65 shall be instructed to submit the information required in that Section;

(5) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under State and federal law sufficient to obtain access to juvenile court, criminal justice, psychological, or psychiatric records, or records relating to the applicant's history, if any, of institutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well as an affirmative request that any person having custody of those records provide copies of them or information concerning them to the Department for the sole purpose of making a determination of an applicant's eligibility under Section 25;

(6) 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;

(7) an affirmation that the applicant either possesses a currently valid Illinois Firearm Owner's Identification Card, in which case the application shall include the card number, or is applying for the card in conjunction with the application for a license, except persons applying under Section 65 shall be instructed to submit a copy of a valid license to carry a handgun issued by their home state, if applicable, or submit a notarized document stating the applicant is eligible under the laws of his or her home state to possess a handgun;

(8) an affirmation that the applicant meets the requirements of Section 25 and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing a firearm; and

(9) an affirmation that the applicant has read and understands Article 7 of the Criminal Code of 2012 (Justifiable Use of Force; Exoneration).

(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 the Department reviewing and using the applicant's digital driver's license or Illinois Identification Card photograph and signature, if available. The Secretary of State shall allow the Department access to the photograph and signature for the purpose of identifying the applicant and issuing the applicant a license.

(d) The Department may request a person applying for a license to submit a full set of legible fingerprints if necessary to determine the person's identity. Fingerprinting may be administered by the Department or any other federal, State, county, or municipal law enforcement agency or private vendor or company. The cost of fingerprinting shall be paid by the applicant, provided that the Department or law enforcement agency may charge no more than $15 for a single set of fingerprints. Each applicant for a license that the Department requests to have his or her fingerprints submitted to the Department shall submit them in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department. These fingerprints shall be checked against the Department and the Federal Bureau of Investigation criminal history record databases. The Department shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Firearm Services Fund and shall not exceed the actual cost of the criminal history records check.

(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 85 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 35. Database of applicants and licensees. Not more than one year after the effective date of this Act:

(a) The Department shall maintain a database of applicants for a license and licenses. The database shall be available to all Illinois 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 all information included in the application, a photo of the applicant or licensee, and any information related to violations of this Act.

(a-5) Individual law enforcement agencies or any other entity of local government shall not maintain any separate records, lists, or searchable databases of applicants and licensees containing information included in the Department's database.

(b) The Department shall make available on its website and upon request under the Freedom of Information Act statistical information about the number of licenses issued by county, age, race, or gender. The report shall be updated monthly. 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 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. Individual law enforcement agencies, State's Attorneys, the Attorney General, members of the judiciary, and judicial staff shall sign a confidentiality agreement, prepared by the Department, prior to receiving access to the database. No law enforcement agency, State's Attorney, the Attorney General, 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 required or necessary for the conduct of a criminal investigation.

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 25 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card or a nonresident licensee if his or her home state has revoked a license to carry a firearm. A license shall not be revoked unless the revocation is for reasons specifically authorized by this Act. This subsection shall 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 suspended 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. The license shall be suspended for the duration of the order or until the order is terminated by a court and the Department shall not reissue or renew a license for the duration of the order or until the order is terminated. 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 suspend a license for a violation of Section 70.

(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 license within 6 months after its expiration must reapply for a new license and pay the fee for a new application.

(e) The Department may suspend a license for up to 90 days 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 60 days of the discovery of the loss or destruction of the license.

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 Department. A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $100 renewal fee. An applicant for a renewal shall submit, on a form prescribed by the Department, proof that the applicant has: (i) participated in at least one shooting competition with a handgun within 6 months of the application for renewal and attested to by any instructor qualified under this Act; or (ii) completed an equivalent range exercise as prescribed in Section 85 and attested to by any instructor qualified under this Act. The Department shall make the range recertification form available on its website or as part of a renewal application.

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

(a) The licensee shall notify the Department within 60 days of: (i) moving or changing a residence or any change of name; or (ii) 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 $50 fee, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 30 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: (i) a $50 fee; (ii) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, or a copy of a police report stating that the license was lost, destroyed, or stolen; and (iii) a photograph as required in Section 30 of this Act.

Section 65. Nonresident applications and reciprocity.

(a) A person from another state or territory of the United States may apply for a nonresident license. The applicant shall apply to the Department and must meet the qualifications established in Section 25. The applicant shall submit:

(1) the application and documentation required in Section 30;

(2) a notarized document stating the applicant:

(A) is eligible under federal law and the laws of his or her home state to possess a firearm;

(B) if applicable, has a license or permit to carry a firearm or concealed firearm issued by his or her home state and that a copy is attached to the application;

(C) is familiar with Illinois laws pertaining to the possession and transport of firearms; and

(D) acknowledges that the applicant is subject to the jurisdiction of the Department and Illinois courts for any violation of this Act; and

(3) a $100 application fee.

In lieu of an Illinois driver's license or State identification card, the person shall provide similar documentation from his or her state or territory; a nonresident shall not be required to have a Firearm Owner's Identification Card.

(b)(1) Notwithstanding subsection (a), a nonresident of Illinois may carry a handgun in accordance with this Act if the nonresident:

(A) is 21 years of age or older;

(B) has in his or her immediate possession a valid license that authorizes the individual to carry a concealed firearm issued to him or her by his or her home state; and

(C) is a legal resident of the United States.

The Department shall recognize any other state's license or permit whose requirements to obtain a license or permit is substantially similar to those requirements contained in Section 85. When required by another state, the Department shall enter into a reciprocal agreement with that state. Those states with substantially similar laws include, but are not limited to: Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas, and Wisconsin.

(2) A nonresident is subject to the same laws and restrictions with respect to carrying a handgun as a resident of Illinois who is licensed under this Act.

(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this State, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal residence in this State. For the purposes of this paragraph, the person may establish legal residence in this State by: (A) registering to vote; or (B) obtaining an Illinois driver's license or state identification card; or (C) filing for homestead tax exemption on property in this State.

Section 70. Restrictions.

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

(1) Any building or parking lot area 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; except that nothing in this Section shall prevent a member of the General Assembly from allowing licensees to carry a firearm into his or her district office.

(2) Any courthouse, part of that building, or parking lot area that is occupied by the Circuit, Appellate, or Supreme Court, or a room designated for court proceedings by any of these courts, except as provided in subsection (a-5).

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

(4) Any building or parking lot area under the control of an establishment licensed to dispense alcoholic beverages for consumption on the premises if less than 50% of its annual gross income comes from the sale of food.

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

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

(7) Any building, real property, or parking lot area under the control of an elementary or secondary school building without the consent of school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent.

(8) Any portion of a building used as, or parking lot area under the control of, a child care facility without the consent of the owner or manager. 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.

(9) Any building or parking lot area under the control of a casino licensed under the Riverboat Gambling Act. This shall not apply to any place of business that is not a casino licensed for video gaming.

(10) Any gated area of, or parking lot area under the control of, an amusement park.

(11) Any stadium or arena, or parking lot area under the control of the stadium or arena, and any collegiate or professional sporting event.

(12) A building or parking lot area under the control of a residential mental health facility.

(13) Any community college, college, or university building, or real property or parking lot area under the control of a community college, college, or university, without consent of the school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent. A community college, college, or university may prohibit the carrying of a firearm on its campus.

(14) A public library building, or parking lot area of a public library, without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of that consent.

(15) Any police, sheriff, or State Police office, station, or parking lot area under the control of police, sheriff, or State Police, 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, or parking lot area under the control of a adult or juvenile detention or correctional institution, prison, or jail.

(17) Any property (including, but not limited to, any street, driveway, or parking lot), building, or facility owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.

(a-5) Judges, and State's Attorneys or assistant State's Attorneys with the permission of the State's Attorney, who possess a valid license under this Act may possess a firearm in any courthouse in which they are employed, but shall be required to follow any rules applicable to sworn peace officers to maintain facility security.

(b) A municipality, county, or school district may prohibit or limit licensees from carrying a firearm into or within any building or portion of any building owned, leased, or controlled by the municipality, county, or school district by a majority vote of the members of its legislative body or governing board. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm into or within any building used for public housing; into or within any publicly-accessible restroom or rest stop; into, within, or on any bridge, tunnel, overpass, underpass, elevated walkway, or other structure used as a public right of way; or into or within any publicly-accessible parking facility. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm in a public transportation facility or while accessing the services of a public transportation agency, including while traveling via public transportation. For purposes of this Section, "public transportation agency" means a public or private agency, or any combination thereof, that provides for the transportation or conveyance of persons by means available to the general public, except taxicabs, livery cabs, or limousines. Violators of the resolution or ordinance may be removed from the premises and assessed a civil fine of up to $100.

(c) The owner of a business or commercial lessee, or a private business enterprise, or any other private organization, entity, or person, may prohibit licensees from carrying a concealed firearm on the premises under its control. However, a private landlord of a residential or commercial property shall not prohibit any lessee from possessing or carrying a firearm in accordance with this Act in or on the leased premises or during ingress to or egress from the leased premises.

(c-1) The Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer may prohibit licensees from carrying a handgun in buildings under their control.

(d) Any person licensed under this Act who is prohibited from carrying a concealed firearm into a building by the provisions of subsection (a) or under an ordinance, resolution, or policy adopted in accordance with subsection (b) or (c) shall be permitted to store that firearm or ammunition out of plain sight in his or her locked vehicle or in a locked compartment or container within or securely affixed to the outside of the vehicle. A licensee shall not be in violation of this Section while he or she is traversing a public right of way that touches or crosses any of the premises specified in subsection (a) or from which firearms are prohibited under the provisions of subsection (b) or (c), provided that the firearm is carried on his or her person or in a vehicle in accordance with this Act or is being transported in a case or container in accordance with applicable law. A licensee shall not be in violation of subsection (b) or (c) if the responsible party for the premises fails to conspicuously post notice of the prohibition at all public entrances to the building in accordance with subsection (g).

(e) 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 under the provisions of this Act, the licensee shall disclose as soon as reasonably possible to the officer that he or she is in possession of a concealed firearm under this Act. Disclosure may be accomplished by oral notification or by providing or displaying the license to carry a concealed firearm to the officer. Any firearm that is removed from a licensee during an investigative stop shall be returned immediately to the licensee in its original condition upon conclusion of the stop unless the licensee is placed under arrest.

(f) A licensee shall not carry a handgun under the provisions of this Act while under the influence of illegal drugs or hallucinogenic drugs or alcohol. For the purposes of this subsection (f), under the influence of alcohol means a blood alcohol content of .08 or greater.

(g) Signs stating that the carrying of a firearm is prohibited shall be clearly and conspicuously posted at every entrance of a building or premises specified in subsection (a) or designated in accordance with subsection (b) or (c). Signs shall be of a uniform size and design, not smaller than 8 inches by 10 inches as prescribed by the Department. The Department shall adopt rules for standardized signs to be used under this subsection.

(h) A violation of subsection (a), (b), (c), (d), or (f) is a Class B misdemeanor. A willful violation of subsection (a), (b), (c), (d), or (f) is a Class A misdemeanor.

(i) A violation of subsection (e) is a Class B misdemeanor; the licensee may be fined up to $200 plus costs plus a $50 fee to be deposited: $35 into the State Police Firearm Services Fund and $15 into the Mental Health Services Fund.

Section 75. Immunity, employees, and agents. The office of the county sheriff, or any employee or agent of the county sheriff, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, renewing, or failure to revoke licenses issued under this Act, except for willful or wanton misconduct. The office of the county sheriff and any employees or agents shall not be liable for submitting specific or articulable reasons why an applicant should be denied a license, unless the objection contains false, malicious, or inaccurate information and the objection constitutes willful and wanton misconduct. Any owner, business or commercial lessee, landlord, manager of a private business enterprise, employer, or any other organization, entity, person, public or private college, university, or post-secondary educational institution that does not prohibit licensees from carrying firearms on property it owns or occupies is immune from any liability arising from its decision.

Section 80. Fees.

(a) Fees collected under this Act by the Department and deposited into the State Police Firearm Services Fund shall be appropriated for administration of this Act.

(b) Fees shall be those set in subsection (c) of Section 20:

New license: $100.

Renewal of license: $35.

Duplicate license due to lost or destroyed: $35.

Corrected license due to change of address or name: $35.

(c) 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 by licensees since the last report.

(d) 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 or State-issued identification card.

Section 85. Applicant training.

(a) Applicants shall provide proof of completion of a firearms training course of at least 8 hours that covers the following:

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

(2) the basic principles of marksmanship;

(3) care and cleaning of handguns; and

(4) laws relating to the justifiable use of force.

(b) Applicants shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a handgun consisting of:

(1) a minimum of 30 rounds; and

(2) 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds from a distance of 10 yards at a B-27 silhouette or equivalent target as approved by the Department.

(b-5) Students may provide their own safe, functional handgun. The qualification shall be performed with factory-loaded ammunition.

(b-6) 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.

(c) 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.

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

(e) Certified firearms instructors shall:

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

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

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

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

(g) An applicant training course shall not have more than 40 students in the classroom portion nor more than 5 students per range officer engaged in range firing.

(h) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:

(1) An individual who has qualified to carry a firearm as a retired or active law enforcement officer.

(2) Any active, retired, or honorably discharged member of the armed forces.

(3) An individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.

(4) An individual eligible to teach courses and certify range qualifications under subsection (b) of Section 90.

Section 90. Firearms instructors training.

(a) Not later than 30 days after the effective date of this Act, the Department shall establish a registry of instructors who are eligible to teach courses or sign off on range qualifications, or both, to meet the requirements of Section 85 of this Act.

(b) Instructors who are eligible to teach courses and certify range qualifications shall have one of the following valid firearms instructor certifications:

(1) Certification from any entity that offers education and training in firearms use and safety;

(2) Certification from a law enforcement agency that offers education and training in firearms use and safety;

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

(4) Certification from a firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.

(c) Instructors who are eligible to teach courses and certify range qualifications shall be at least 21 years of age and possess at least a high school diploma or GED certificate.

(d) An applicant may have his or her instructor qualification revoked if the applicant:

(1) does not meet the requirements of this Act to possess a concealed firearms permit;

(2) provides false or misleading information to the Board; or

(3) has had a prior instructor qualification revoked by the Board or other certifying organization.

Section 95. Home rule preemption. The regulation and licensing of firearms, including their possession, carrying, transportation, or the issuance of licenses to carry concealed firearms, is an exclusive power and function of the State. Except as provided in subsection (b) of Section 70, a home rule unit shall not regulate the possession, carrying, or transportation of firearms, their components or accessories, or ammunition by a person licensed under this Act. A home rule unit shall not require registration of firearms, regulate the number of firearms, or make any other requirements or regulations of a person licensed under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the exercise by home rule units of powers and functions exercised by the State. Any unit of local government that violates this Section shall be liable for all costs, fees, and damages to anyone impacted by any rule or ordinance.

Section 100. Expedited appeal. A judgment of a circuit court declaring this Act or any part of this Act unconstitutional or unenforceable is appealable directly to the Supreme Court. The notice of appeal shall be filed within 30 days after the judgment of the circuit court declaring this Act or any part of this Act unconstitutional or unenforceable. The manner of appeal shall be as provided in Supreme Court Rules.

Section 105. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 110. 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 Illinois Concealed Carry 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 115. The Department of State Police Law of the Civil Administrative Code of Illinois is amended changing Sections 2605-45 and 2605-300 as follows:

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Administration. The Division of Administration shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested in the Department by the Governor's Office of Management and Budget Act.

(2) Pursue research and the publication of studies pertaining to local law enforcement activities.

(3) Exercise the rights, powers, and duties vested in the Department by the Personnel Code.

(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.

(5) Exercise the rights, powers, and duties vested in the former Division of State Troopers by Section 17 of the State Police Act.

(6) Exercise the rights, powers, and duties vested in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).

(6.5) Exercise the rights, powers, and duties vested in the Department by the Firearm Owners Identification Card Act.

(6.10) Exercise the rights, powers, and duties vested in the Department by the Illinois Concealed Carry Act.

(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Department.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

Sec. 2605-300. Records; crime laboratories; personnel. To do the following:

(1) Be a central repository and custodian of criminal statistics for the State.

(2) Be a central repository for criminal history record information.

(3) Procure and file for record information that is necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.

(4) Procure and file for record copies of fingerprints that may be required by law.

(5) Establish general and field crime laboratories.

(6) Register and file for record information that may be required by law for the issuance of firearm owner's identification cards under the Firearm Owners Identification Card Act and concealed carry licenses under the Illinois Concealed Carry Act.

(7) Employ polygraph operators, laboratory technicians, and other specially qualified persons to aid in the identification of criminal activity.

(8) Undertake other identification, information, laboratory, statistical, or registration activities that may be required by law.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

Section 120. The State Police Act is amended by adding Section 25 as follows:

(20 ILCS 2610/25 new)

Sec. 25. Emergency procurement authorized. In order to comply with recent court rulings regarding concealed carry in Illinois, the provisions of this amendatory Act of the 98th General Assembly, together with any procurements necessary for the implementation of the Illinois Concealed Carry Act, shall be eligible for emergency procurement for a period not more than 180 days after the effective date of this amendatory Act.

Section 125. The State Finance Act is amended by adding Sections 5.826 and 5.827 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Mental Health Reporting Fund.

(30 ILCS 105/5.827 new)

Sec. 5.827. The State Police Firearm Services Fund.

(30 ILCS 105/5.206 rep.)

Section 130. The State Finance Act is amended by repealing Section 5.206.

Section 135. The Firearm Owners Identification Card Act is amended by changing Sections 5 and 13.2 and by adding Section 5.1 as follows:

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $3 of such fee shall be deposited in the State Police Firearm Services Fund Firearm Owner's Notification Fund. Monies in the State Police Firearm Services Fund Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act, and the purposes specified in Section 2605-595 of the Department of State Police Law of the Civil Administrative Code of Illinois. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.

(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)

(430 ILCS 65/5.1 new)

Sec. 5.1. State Police Firearm Services Fund. All moneys remaining in the Firearm Owner's Notification Fund on the effective date of this amendatory Act of the 98th General Assembly shall be transferred into the State Police Firearm Services Fund, a special fund in the State treasury, to be expended by the Department of State Police, for the purposes specified in Section 5.

(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

Sec. 13.2. The Department of State Police shall, 60 days prior to the expiration of a Firearm Owner's Identification Card, forward by first class mail to each person whose card is to expire a notification of the expiration of the card and an application which may be used to apply for renewal of the card. It is the obligation of the holder of a Firearm Owner's Identification Card to notify the Department of State Police of any address change since the issuance of the Firearm Owner's Identification Card. Whenever any person moves from the residence address named on his or her card, the person shall within 21 calendar days thereafter notify in a form and manner prescribed by the Department of his or her old and new residence addresses and the card number held by him or her. Any person whose legal name has changed from the name on the card that he or she has been previously issued must apply for a corrected card within 30 calendar days after the change. The cost for a corrected card shall be $5 which shall be deposited into the State Police Firearm Services Fund Firearm Owner's Notification Fund.

(Source: P.A. 97-1131, eff. 1-1-13.)

Section 140. The Criminal Code of 2012 is amended by changing Sections 21-6, 24-1, 24-1.6, 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 that 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 shall not apply to a person acting lawfully under the Illinois Concealed Carry Act.

(d) Subsection (a) shall not apply to any tenant or resident of any public housing.

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

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful Use of Weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly:

(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or carries:

(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages for consumption on the premises , or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses or acting in accordance with the Illinois Concealed Carry Act; or

(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(12) (Blank); or

(13) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.

(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, community college, college, or university.

(5) For the purposes of this subsection (c), "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

(e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:

(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not prohibited from owning or possessing a firearm under State or federal law by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

(3) Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(4) Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.

(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

(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 person as an invitee with that person's permission.

(6) A licensee under the Illinois Concealed Carry Act, notwithstanding Section 70 of that Act, if the licensee meets the requirements of that 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 or a licensee under the Illinois Concealed Carry Act, notwithstanding Section 70 of that Act.

(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.)".