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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Family and | ||||||
5 | Personal Protection Act. | ||||||
6 | Section 2. Legislative determination. It is hereby | ||||||
7 | declared as a matter of legislative determination that
in order | ||||||
8 | to promote and protect the health, safety and welfare of the
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9 | public, it is necessary and in the public interest within the | ||||||
10 | State of Illinois to establish a system of handgun | ||||||
11 | registration, thereby establishing a
practical and workable | ||||||
12 | system by which law enforcement authorities will be
afforded an | ||||||
13 | opportunity to identify the ownership of handguns that have | ||||||
14 | been recovered or seized as evidence in connection with a | ||||||
15 | criminal offense. | ||||||
16 | Section 4. Definitions. | ||||||
17 | As used in Sections 2 and 5 of this Act: | ||||||
18 | "Certificate of Handgun Registration" means a certificate | ||||||
19 | issued by the Illinois Department of State Police under Section | ||||||
20 | 5 of this Act. | ||||||
21 | "Department" means the Department of State Police. | ||||||
22 | "Federally licensed firearm dealer" means a person who is |
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1 | licensed as a federal firearms dealer under Section 923 of the | ||||||
2 | federal Gun Control Act of 1968 (18 U.S.C. 923). | ||||||
3 | "Firearm" has the same meaning as set forth in Section 1.1 | ||||||
4 | of the Firearm Owners Identification Card Act. | ||||||
5 | "Handgun" means a firearm designed to be held
and fired by | ||||||
6 | the use of a single hand. | ||||||
7 | Section 5. Certificate of Handgun Registration. | ||||||
8 | (a) No person shall transport or possess a handgun in this | ||||||
9 | State without a Certificate of Handgun Registration issued for | ||||||
10 | that handgun by the Department of State Police. | ||||||
11 | (b) The provisions of this Section prohibiting a person | ||||||
12 | from transporting or possessing a handgun without a Certificate | ||||||
13 | of Handgun Registration do not apply to the following: | ||||||
14 | (1) any person who is exempt from the Firearm Owners | ||||||
15 | Identification Card Act under subsection (b) of Section 2 | ||||||
16 | of that Act; | ||||||
17 | (2) any person who is exempt from the Firearm Owners | ||||||
18 | Identification Card Act under subsection (c) of Section 2 | ||||||
19 | of that Act; | ||||||
20 | (3) a certified member of the Illinois Firearms | ||||||
21 | Manufacturers Association; and | ||||||
22 | (4) a federally licensed firearm dealer holding a new | ||||||
23 | handgun for transfer or sale. | ||||||
24 | (c) An applicant for an original or transferred Certificate | ||||||
25 | of Handgun Registration shall submit an application to the |
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1 | Department, prepared and furnished at convenient locations | ||||||
2 | throughout the State or by electronic means. The application | ||||||
3 | shall request the following information from the applicant: | ||||||
4 | (1) the applicant's name, address, and telephone | ||||||
5 | number; | ||||||
6 | (2) a copy of the applicant's Illinois Firearm Owner's | ||||||
7 | Identification Card; | ||||||
8 | (3) the name of the manufacturer, the caliber or gauge, | ||||||
9 | the model, the type, and the serial number identification | ||||||
10 | of the handgun to be registered; | ||||||
11 | (4) the source from which the handgun was obtained, | ||||||
12 | including the name and address of the source; | ||||||
13 | (5) the date the handgun was acquired; | ||||||
14 | (6) any other information that the Department shall | ||||||
15 | find reasonably necessary or desirable to effectuate the | ||||||
16 | purposes of this Section and to arrive at a fair | ||||||
17 | determination as to whether the terms of this Section have | ||||||
18 | been complied with; and | ||||||
19 | (7) an affidavit signed by the applicant certifying | ||||||
20 | that the applicant: | ||||||
21 | (A) possesses a valid Firearm Owner's | ||||||
22 | Identification Card; | ||||||
23 | (B) as of the date of application, would still be | ||||||
24 | eligible to receive a Firearm Owner's Identification | ||||||
25 | Card from the Department. | ||||||
26 | (d) The Department shall issue an original or transferred |
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1 | Certificate of Handgun Registration or shall issue a written | ||||||
2 | denial of the application within 30 days after the application | ||||||
3 | is received. | ||||||
4 | (e) There is created in the State treasury the Handgun | ||||||
5 | Certificate Administration Fund to be used by the Department | ||||||
6 | for the administration of handgun registration as required by | ||||||
7 | this Section. | ||||||
8 | (f) A nonrefundable application fee of $20 shall be payable | ||||||
9 | for each original or transferred Certificate of Handgun | ||||||
10 | Registration. All moneys received from this $20 fee shall be | ||||||
11 | deposited as follows: | ||||||
12 | (1) $10 to the Handgun Certificate Administration Fund | ||||||
13 | for the administration of handgun registration; | ||||||
14 | (2) $5 to the Illinois LEADS Information and Technology | ||||||
15 | Improvement Fund; and | ||||||
16 | (3) $5 to the National Instant Criminal Background | ||||||
17 | Check System Improvement Fund. | ||||||
18 | (g) A nonrefundable fee of $10 shall be payable for each | ||||||
19 | duplicate or replacement Certificate of Handgun Registration. | ||||||
20 | All moneys received from this $10 fee shall be deposited into | ||||||
21 | the Handgun Certificate Administration Fund for the | ||||||
22 | administration of handgun registration. | ||||||
23 | (h) Certificates of Handgun Registration shall expire | ||||||
24 | every 5 years. The fee for renewal of a Certificate of Handgun | ||||||
25 | Registration is $10. All moneys received from this $10 fee | ||||||
26 | shall be deposited into the Handgun Certificate Administration |
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1 | Fund for the administration of handgun registration. | ||||||
2 | (i) Every person issued a Certificate of Handgun | ||||||
3 | Registration shall notify the Department in the manner | ||||||
4 | prescribed by the Department within 72 hours of the following: | ||||||
5 | (1) a change in any of the information appearing on the | ||||||
6 | Certificate of Handgun Registration; or | ||||||
7 | (2) the sale, transfer, inheritance, or other | ||||||
8 | disposition of the registered handgun. | ||||||
9 | (j) A person issued a Certificate of Handgun Registration, | ||||||
10 | in addition to any other requirements of this Section, shall | ||||||
11 | immediately return to the Department his or her Certificate of | ||||||
12 | Handgun Registration for any handgun which is lost, stolen, | ||||||
13 | destroyed, or otherwise disposed of. | ||||||
14 | (k) If an owner transfers ownership of a handgun, he or she | ||||||
15 | shall execute to the transferee, at the time of the delivery of | ||||||
16 | the handgun, an assignment of registration in the space | ||||||
17 | provided on the Certificate of Handgun Registration, and shall | ||||||
18 | cause the certificate and assignment to be delivered to the | ||||||
19 | transferee. | ||||||
20 | (k-5) In the case of a federally licensed firearm dealer | ||||||
21 | making a sale of a new handgun, the dealer shall submit the | ||||||
22 | application described in subsection (c) of this Section along | ||||||
23 | with the required fee to the Department on the purchaser's | ||||||
24 | behalf within 20 days from the date of sale. If the purchaser | ||||||
25 | does not receive an original Certificate of Handgun | ||||||
26 | Registration or a written denial of the application submitted |
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1 | on his or her behalf by the dealer within 50 days from the date | ||||||
2 | of purchase, the purchaser shall inquire to the Department | ||||||
3 | regarding the status of his or her application. | ||||||
4 | (l) Within 20 days after the delivery to a transferee of a | ||||||
5 | handgun or the delivery of the certificate and assignment, | ||||||
6 | whichever occurs sooner, the transferee shall execute the | ||||||
7 | application for a new Certificate of Handgun Registration in | ||||||
8 | the space provided on the certificate and cause the certificate | ||||||
9 | and application to be mailed or delivered to the Department. | ||||||
10 | (m) No transferee shall knowingly accept ownership of a | ||||||
11 | handgun from a transferor who has failed to obtain a | ||||||
12 | Certificate of Handgun Registration in violation of this | ||||||
13 | Section, or who fails to execute an assignment of registration | ||||||
14 | to the transferee as required by subsection (k) of this | ||||||
15 | Section. | ||||||
16 | (n) Any person who accepts delivery of a handgun that has | ||||||
17 | not been previously registered and assigned to the transferee | ||||||
18 | shall file an application for an original Certificate of | ||||||
19 | Handgun Registration within 20 days after taking possession of | ||||||
20 | the handgun. Any person who owns a handgun on the effective | ||||||
21 | date of this Act shall file an application for an original | ||||||
22 | Certificate of Handgun Registration not later than 90 days | ||||||
23 | after the effective date of this Act. | ||||||
24 | (o) Transfer of ownership of a registered handgun shall not | ||||||
25 | be considered complete until the transferee has complied with | ||||||
26 | subsection (l) of this Section, provided that a transferor who |
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1 | has complied with subsection (k) of this Section, and has | ||||||
2 | complied with the requirements of Section 3 and 3.1 of the | ||||||
3 | Firearm Owners Identification Card Act, if applicable, shall | ||||||
4 | not be liable as an owner by virtue of the transferee's failure | ||||||
5 | to comply with subsection (l) for damages arising out of use of | ||||||
6 | the handgun. | ||||||
7 | (p) The Department has authority to deny an application for | ||||||
8 | or to revoke and seize a Certificate of Handgun Registration | ||||||
9 | previously issued under this Section if the Department finds | ||||||
10 | that: | ||||||
11 | (1) the person does not possess a valid Firearm Owner's | ||||||
12 | Identification Card; | ||||||
13 | (2) false or misleading information was submitted to | ||||||
14 | the Department in connection with the application; or | ||||||
15 | (3) the handgun is unlawful for the applicant to own. | ||||||
16 | (q) The Department of State Police and local law | ||||||
17 | enforcement may exchange any information that is necessary for | ||||||
18 | the proper administration of this Section unless the exchange | ||||||
19 | is specifically prohibited by State or federal law. | ||||||
20 | (r) Whenever an application for a Certificate of Handgun | ||||||
21 | Registration is denied, whenever the Department fails to act on | ||||||
22 | an application within 30 days of its receipt, or whenever a | ||||||
23 | certificate is revoked or seized, the aggrieved party may | ||||||
24 | appeal to the Director of the Department of State Police for a | ||||||
25 | hearing upon the denial, failure to act, revocation, or | ||||||
26 | seizure, unless the denial, failure to act, revocation, or |
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1 | seizure was based upon a forcible felony, stalking, aggravated | ||||||
2 | stalking, domestic battery, any violation of the Illinois | ||||||
3 | Controlled Substances Act, the Methamphetamine Control and | ||||||
4 | Community Protection Act, or the Cannabis Control Act that is | ||||||
5 | classified as a Class 2 or greater felony, any felony violation | ||||||
6 | of Article 24 of the Criminal Code of 2012, or any adjudication | ||||||
7 | as a delinquent minor for the commission of an offense that if | ||||||
8 | committed by an adult would be a felony, in which case the | ||||||
9 | aggrieved party may petition the circuit court in writing in | ||||||
10 | the county of his or her residence for a hearing upon the | ||||||
11 | denial, failure to act, revocation, or seizure. | ||||||
12 | (1) At least 30 days before any hearing in the circuit | ||||||
13 | court, the petitioner shall serve the appropriate State's | ||||||
14 | Attorney with a copy of the petition. The State's Attorney | ||||||
15 | may object to the petition and present evidence. At the | ||||||
16 | hearing the court shall determine whether substantial | ||||||
17 | justice has been done. Should the court determine that | ||||||
18 | substantial justice has not been done, the court shall | ||||||
19 | issue an order directing the Department of State Police to | ||||||
20 | issue a Certificate of Handgun Registration. | ||||||
21 | (2) Any person prohibited from possessing a handgun | ||||||
22 | under Sections 24-1.1 or 24-3.1 of the Criminal Code of | ||||||
23 | 2012 or acquiring a Certificate of Handgun Registration | ||||||
24 | under this Section may apply to the Director of the | ||||||
25 | Department of State Police or petition the circuit court in | ||||||
26 | the county where the petitioner resides, whichever is |
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1 | applicable in accordance with this subsection (r), | ||||||
2 | requesting relief from the prohibition and the Director or | ||||||
3 | court may grant this relief if it is established by the | ||||||
4 | applicant to the court's or Director's satisfaction that: | ||||||
5 | (A) when in the circuit court, the State's Attorney | ||||||
6 | has been served with a written copy of the petition at | ||||||
7 | least 30 days before any hearing in the circuit court | ||||||
8 | and at the hearing the State's Attorney was afforded an | ||||||
9 | opportunity to present evidence and object to the | ||||||
10 | petition; | ||||||
11 | (B) the applicant has not been convicted of a | ||||||
12 | forcible felony under the laws of this State or any | ||||||
13 | other jurisdiction within 20 years of the applicant's | ||||||
14 | application for a Certificate of Handgun Registration, | ||||||
15 | or at least 20 years have passed since the end of any | ||||||
16 | period of imprisonment imposed in relation to that | ||||||
17 | conviction; | ||||||
18 | (C) the circumstances regarding a criminal | ||||||
19 | conviction, where applicable, the applicant's criminal | ||||||
20 | history and his or her reputation are such that the | ||||||
21 | applicant will not be likely to act in a manner | ||||||
22 | dangerous to public safety; and | ||||||
23 | (D) granting relief would not be contrary to the | ||||||
24 | public interest. | ||||||
25 | (3) When a minor is adjudicated delinquent for an | ||||||
26 | offense which if committed by an adult would be a felony, |
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1 | the court shall notify the Department of State Police. | ||||||
2 | (4) The court shall review the denial of an application | ||||||
3 | or the revocation of a Certificate of Handgun Registration | ||||||
4 | of a person who has been adjudicated delinquent for an | ||||||
5 | offense that if committed by an adult would be a felony if | ||||||
6 | an application for relief has been filed at least 10 years | ||||||
7 | after the adjudication of delinquency and the court | ||||||
8 | determines that the applicant should be granted relief from | ||||||
9 | disability to obtain a Certificate of Handgun | ||||||
10 | Registration. If the court grants relief, the court shall | ||||||
11 | notify the Department that the disability has been removed | ||||||
12 | and that the applicant is eligible to obtain a Certificate | ||||||
13 | of Handgun Registration. | ||||||
14 | (5) Any person who is prohibited from possessing a | ||||||
15 | handgun under 18 U.S.C. 922(d)(4) and 922(g)(4) of the | ||||||
16 | federal Gun Control Act of 1968 may apply to the Department | ||||||
17 | of State Police requesting relief from the prohibition and | ||||||
18 | the Director shall grant this relief if it is established | ||||||
19 | to the Director's satisfaction that the person will not be | ||||||
20 | likely to act in a manner dangerous to public safety and | ||||||
21 | granting relief would not be contrary to the public | ||||||
22 | interest. | ||||||
23 | (s) Notwithstanding any other provision of law, including | ||||||
24 | the Freedom of Information Act, it is the public policy of this | ||||||
25 | State that the names and information of persons who have | ||||||
26 | applied for or received Certificates of Handgun Registration |
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1 | under this Section are considered private and shall not be | ||||||
2 | disclosed. No State or local law enforcement agency shall | ||||||
3 | provide the names and information of holders of or applicants | ||||||
4 | for Certificates of Handgun Registration, except that the | ||||||
5 | Department may provide confirmation that a person has or has | ||||||
6 | not been issued, applied for, or denied a Certificate of | ||||||
7 | Handgun Registration in connection with a criminal | ||||||
8 | investigation. | ||||||
9 | (t) The Department of State Police may perform its duties | ||||||
10 | under this Act through the Department's Firearm Owner's | ||||||
11 | Identification Card Office. | ||||||
12 | (u) Altered, forged or counterfeit Certificate of Handgun | ||||||
13 | Registration.
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14 | (1) Any person who forges or materially alters a | ||||||
15 | Certificate of Handgun Registration or
who counterfeits a | ||||||
16 | Certificate of Handgun Registration commits a Class 2
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17 | felony. | ||||||
18 | (2) Any person who knowingly possesses a forged or | ||||||
19 | materially altered
Certificate of Handgun
Registration | ||||||
20 | with the intent to use it commits a Class 2 felony. | ||||||
21 | (3)
A person
who possesses a Certificate of Handgun | ||||||
22 | Registration with knowledge that it is
counterfeit
commits | ||||||
23 | a Class 2 felony.
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24 | (v) Certificate of Handgun Registration and handgun | ||||||
25 | transfer violations. | ||||||
26 | (1) Any person who transports or possesses a handgun |
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1 | without a current Certificate of Handgun Registration | ||||||
2 | commits a Class 2 felony. | ||||||
3 | (2) Any person who knowingly enters false or misleading | ||||||
4 | information or who submits false or misleading evidence in | ||||||
5 | connection with the application described in subsection | ||||||
6 | (c) of this Section commits a Class 2 felony. | ||||||
7 | (3) Any person who sells, transfers, or otherwise | ||||||
8 | disposes of his or her registered handgun and does not | ||||||
9 | notify the Department of that sale, transfer, or | ||||||
10 | disposition within the timelines in this Section commits a | ||||||
11 | Class A misdemeanor. | ||||||
12 | (4) Any federally licensed dealer who does not submit | ||||||
13 | an application on behalf of a purchaser in accordance with | ||||||
14 | subsection (k-5) of this Section commits a Class A | ||||||
15 | misdemeanor.
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16 | Section 80. Firearm carry prohibition; schools. | ||||||
17 | (a) No person may knowingly carry a firearm into any | ||||||
18 | preschool, elementary school, or secondary school or any | ||||||
19 | portion of any school building thereof; or any school property | ||||||
20 | surrounding a preschool, elementary school, or secondary | ||||||
21 | school building, including but not limited to sidewalks and | ||||||
22 | parking lot areas adjacent to or near preschool, elementary | ||||||
23 | school, or secondary school property. | ||||||
24 | (b) The exemptions and provisions in subsections (a), (b), | ||||||
25 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the |
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1 | Criminal Code of 2012 apply to this Section.
| ||||||
2 | (c) The United States Supreme Court in District of Columbia | ||||||
3 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
4 | that the Second Amendment to the United States Constitution | ||||||
5 | does not confer an unlimited right and that states may prohibit | ||||||
6 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
7 | stated in the Heller decision: "Although we do not undertake an | ||||||
8 | exhaustive historical analysis today of the full scope of the | ||||||
9 | Second Amendment, nothing in our opinion should be taken to | ||||||
10 | cast doubt on longstanding prohibitions on the possession of | ||||||
11 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
12 | carrying of firearms in sensitive places such as schools and | ||||||
13 | government buildings . . ." The Supreme Court also noted in a | ||||||
14 | footnote referencing this statement in the Heller decision | ||||||
15 | that: "We identify these presumptively lawful regulatory | ||||||
16 | measures only as examples; our list does not purport to be | ||||||
17 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
18 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
19 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
20 | Amendment against state action. The Supreme Court again stated: | ||||||
21 | "We made it clear in Heller that our holding did not cast doubt | ||||||
22 | on such longstanding regulatory measures as "prohibitions on | ||||||
23 | the possession of firearms by felons and the mentally ill," | ||||||
24 | "laws forbidding the carrying of firearms in sensitive places | ||||||
25 | such as schools and government buildings . . . We repeat those | ||||||
26 | assurances here." Further, the federal 7th Circuit Court of |
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| |||||||
1 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
2 | cited the "sensitive place" statement of the Supreme Court in | ||||||
3 | both the Heller and McDonald decisions and concluded: "That a | ||||||
4 | legislature can forbid the carrying of firearms in schools and | ||||||
5 | government buildings means that any right to possess a gun for | ||||||
6 | self-defense outside the home is not absolute, and it is not | ||||||
7 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
8 | General Assembly finds that the place or location set forth in | ||||||
9 | subsection (a) of this Section is a sensitive place and the | ||||||
10 | prohibition on the carrying of firearms will promote public | ||||||
11 | safety in this sensitive place. | ||||||
12 | Section 100. Firearm carry prohibition; State and local | ||||||
13 | government. | ||||||
14 | (a) No person may knowingly carry a firearm into any | ||||||
15 | building under the control of the State, General Assembly, | ||||||
16 | General Assembly support service agency, including a building | ||||||
17 | in which a committee of the General Assembly convenes for the | ||||||
18 | purpose of conducting meetings of committees, joint | ||||||
19 | committees, legislative commissions, and any property or | ||||||
20 | parking lot area under control of the General Assembly that is | ||||||
21 | adjacent to or near a prohibited building in this Section. | ||||||
22 | (b) No person may knowingly carry a firearm into any | ||||||
23 | building owned or occupied by a governing body of a unit of | ||||||
24 | local government, or any property or parking lot area adjacent | ||||||
25 | to or near a local government building. For the purposes of |
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1 | this Section, "unit of local government" means a county, | ||||||
2 | municipality, township, special district, and unit, designated | ||||||
3 | as a unit of local government by law, which exercises limited | ||||||
4 | governmental powers or powers in respect to limited | ||||||
5 | governmental subjects, but does not include a school district. | ||||||
6 | (c) No person may knowingly carry a firearm into any | ||||||
7 | building under control of the Governor, Lieutenant Governor, | ||||||
8 | Attorney General, Secretary of State, Comptroller, or | ||||||
9 | Treasurer, and any property or parking lot area adjacent to or | ||||||
10 | near a prohibited building in this Section. | ||||||
11 | (d) No person may knowingly carry a firearm into any | ||||||
12 | police, sheriff, State Police, or firefighting office or | ||||||
13 | station, or onto any adjacent property or parking lot areas | ||||||
14 | under the control of a police, sheriff, State Police, or | ||||||
15 | firefighting office or station, without the consent of the | ||||||
16 | chief law enforcement officer or chief firefighting officer in | ||||||
17 | charge of that office or station, unless employed by the | ||||||
18 | police, sheriff, State Police, or firefighting office or | ||||||
19 | station and authorized by the chief law enforcement officer or | ||||||
20 | chief firefighting officer to carry a firearm. | ||||||
21 | (e) No person may knowingly carry a firearm into any adult | ||||||
22 | or juvenile detention or correctional institution, prison, or | ||||||
23 | jail, or onto any adjacent property or parking lot area under | ||||||
24 | the control of an adult or juvenile detention or correctional | ||||||
25 | institution, prison, or jail, unless employed there and | ||||||
26 | otherwise authorized to carry a firearm. |
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1 | (f) No person may knowingly carry a firearm into any | ||||||
2 | courthouse or part of a building that is occupied by the | ||||||
3 | Circuit, Appellate, or Supreme Court, any room designated for | ||||||
4 | court proceedings by any of these courts, and any property or | ||||||
5 | parking lot area adjacent to or near courthouses and court | ||||||
6 | buildings. | ||||||
7 | (g) The exemptions and provisions in subsections (a), (b), | ||||||
8 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
9 | Criminal Code of 2012 apply to this Section.
| ||||||
10 | (h) The United States Supreme Court in District of Columbia | ||||||
11 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
12 | that the Second Amendment to the United States Constitution | ||||||
13 | does not confer an unlimited right and that states may prohibit | ||||||
14 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
15 | stated in the Heller decision: "Although we do not undertake an | ||||||
16 | exhaustive historical analysis today of the full scope of the | ||||||
17 | Second Amendment, nothing in our opinion should be taken to | ||||||
18 | cast doubt on longstanding prohibitions on the possession of | ||||||
19 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
20 | carrying of firearms in sensitive places such as schools and | ||||||
21 | government buildings . . ." The Supreme Court also noted in a | ||||||
22 | footnote referencing this statement in the Heller decision | ||||||
23 | that: "We identify these presumptively lawful regulatory | ||||||
24 | measures only as examples; our list does not purport to be | ||||||
25 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
26 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. |
| |||||||
| |||||||
1 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
2 | Amendment against state action. The Supreme Court again stated: | ||||||
3 | "We made it clear in Heller that our holding did not cast doubt | ||||||
4 | on such longstanding regulatory measures as "prohibitions on | ||||||
5 | the possession of firearms by felons and the mentally ill," | ||||||
6 | "laws forbidding the carrying of firearms in sensitive places | ||||||
7 | such as schools and government buildings . . . We repeat those | ||||||
8 | assurances here." Further, the federal 7th Circuit Court of | ||||||
9 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
10 | cited the "sensitive place" statement of the Supreme Court in | ||||||
11 | both the Heller and McDonald decisions and concluded: "That a | ||||||
12 | legislature can forbid the carrying of firearms in schools and | ||||||
13 | government buildings means that any right to possess a gun for | ||||||
14 | self-defense outside the home is not absolute, and it is not | ||||||
15 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
16 | General Assembly finds that the places or locations set forth | ||||||
17 | in this Section are sensitive places and the prohibition on the | ||||||
18 | carrying of firearms will promote public safety in these | ||||||
19 | sensitive places. | ||||||
20 | Section 123. Firearm carry prohibition; restaurants with | ||||||
21 | liquor license. No person may knowingly carry a firearm | ||||||
22 | into any establishment that maintains a retail liquor license | ||||||
23 | as provided in subsection (d) of Section 5-1 of the Liquor | ||||||
24 | Control Act of 1934 and allows for the sale and consumption of | ||||||
25 | alcoholic beverages on its premises as an on premise |
| |||||||
| |||||||
1 | consumption retailer. | ||||||
2 | Section 130. Firearm carry prohibition; child care | ||||||
3 | facility. | ||||||
4 | (a) No person may knowingly carry a firearm into any | ||||||
5 | portion of a building used as a child care facility, or any | ||||||
6 | adjacent property or parking lot area under control of or owned | ||||||
7 | by a child care facility. | ||||||
8 | (b) Nothing in this Section shall prevent the owner or | ||||||
9 | operator of a child care facility in a family home from owning | ||||||
10 | or possessing a firearm or license, so long as the firearm is | ||||||
11 | stored unloaded in a locked container. | ||||||
12 | (c) The exemptions and provisions in subsections (a), (b), | ||||||
13 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
14 | Criminal Code of 2012 apply to this Section. | ||||||
15 | (d) The United States Supreme Court in District of Columbia | ||||||
16 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
17 | that the Second Amendment to the United States Constitution | ||||||
18 | does not confer an unlimited right and that states may prohibit | ||||||
19 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
20 | stated in the Heller decision: "Although we do not undertake an | ||||||
21 | exhaustive historical analysis today of the full scope of the | ||||||
22 | Second Amendment, nothing in our opinion should be taken to | ||||||
23 | cast doubt on longstanding prohibitions on the possession of | ||||||
24 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
25 | carrying of firearms in sensitive places such as schools and |
| |||||||
| |||||||
1 | government buildings . . ." The Supreme Court also noted in a | ||||||
2 | footnote referencing this statement in the Heller decision | ||||||
3 | that: "We identify these presumptively lawful regulatory | ||||||
4 | measures only as examples; our list does not purport to be | ||||||
5 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
6 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
7 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
8 | Amendment against state action. The Supreme Court again stated: | ||||||
9 | "We made it clear in Heller that our holding did not cast doubt | ||||||
10 | on such longstanding regulatory measures as "prohibitions on | ||||||
11 | the possession of firearms by felons and the mentally ill," | ||||||
12 | "laws forbidding the carrying of firearms in sensitive places | ||||||
13 | such as schools and government buildings . . . We repeat those | ||||||
14 | assurances here." Further, the federal 7th Circuit Court of | ||||||
15 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
16 | cited the "sensitive place" statement of the Supreme Court in | ||||||
17 | both the Heller and McDonald decisions and concluded: "That a | ||||||
18 | legislature can forbid the carrying of firearms in schools and | ||||||
19 | government buildings means that any right to possess a gun for | ||||||
20 | self-defense outside the home is not absolute, and it is not | ||||||
21 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
22 | General Assembly finds that the place or location set forth in | ||||||
23 | subsection (a) of this Section is a sensitive place and the | ||||||
24 | prohibition on the carrying of firearms will promote public | ||||||
25 | safety in this sensitive place. |
| |||||||
| |||||||
1 | Section 135. Firearm carry prohibition; gaming facility. | ||||||
2 | (a) No person may knowingly carry a firearm into any gaming | ||||||
3 | facility or any adjacent property or parking lot area under | ||||||
4 | control of or owned by a gaming facility licensed under the | ||||||
5 | Riverboat Gambling Act or the Horse Racing Act of 1975. | ||||||
6 | (b) No person may knowingly carry a firearm into any | ||||||
7 | licensed establishment, licensed truck stop establishment, | ||||||
8 | licensed fraternal establishment, or licensed veterans | ||||||
9 | establishment licensed under the Video Gaming Act or any | ||||||
10 | adjacent property or parking lot area under the control of or | ||||||
11 | owned by a licensed establishment, licensed truck stop | ||||||
12 | establishment, licensed fraternal establishment, or licensed | ||||||
13 | veterans establishment licensed under the Video Gaming Act. | ||||||
14 | (c) The exemptions and provisions in subsections (a), (b), | ||||||
15 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
16 | Criminal Code of 2012 apply to this Section. | ||||||
17 | (d) The United States Supreme Court in District of Columbia | ||||||
18 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
19 | that the Second Amendment to the United States Constitution | ||||||
20 | does not confer an unlimited right and that states may prohibit | ||||||
21 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
22 | stated in the Heller decision: "Although we do not undertake an | ||||||
23 | exhaustive historical analysis today of the full scope of the | ||||||
24 | Second Amendment, nothing in our opinion should be taken to | ||||||
25 | cast doubt on longstanding prohibitions on the possession of | ||||||
26 | firearms by felons and the mentally ill, or laws forbidding the |
| |||||||
| |||||||
1 | carrying of firearms in sensitive places such as schools and | ||||||
2 | government buildings . . ." The Supreme Court also noted in a | ||||||
3 | footnote referencing this statement in the Heller decision | ||||||
4 | that: "We identify these presumptively lawful regulatory | ||||||
5 | measures only as examples; our list does not purport to be | ||||||
6 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
7 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
8 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
9 | Amendment against state action. The Supreme Court again stated: | ||||||
10 | "We made it clear in Heller that our holding did not cast doubt | ||||||
11 | on such longstanding regulatory measures as "prohibitions on | ||||||
12 | the possession of firearms by felons and the mentally ill," | ||||||
13 | "laws forbidding the carrying of firearms in sensitive places | ||||||
14 | such as schools and government buildings . . . We repeat those | ||||||
15 | assurances here." Further, the federal 7th Circuit Court of | ||||||
16 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
17 | cited the "sensitive place" statement of the Supreme Court in | ||||||
18 | both the Heller and McDonald decisions and concluded: "That a | ||||||
19 | legislature can forbid the carrying of firearms in schools and | ||||||
20 | government buildings means that any right to possess a gun for | ||||||
21 | self-defense outside the home is not absolute, and it is not | ||||||
22 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
23 | General Assembly finds that the places or locations set forth | ||||||
24 | in subsections (a) and (b) of this Section are sensitive places | ||||||
25 | and the prohibition on the carrying of firearms will promote | ||||||
26 | public safety in these sensitive places. |
| |||||||
| |||||||
1 | Section 140. Firearm carry prohibition; amusement park. | ||||||
2 | (a) No person may knowingly carry a firearm into any gated | ||||||
3 | area of an amusement park, or any adjacent property or parking | ||||||
4 | lot area under control of or owned by an amusement park. | ||||||
5 | (b) The exemptions and provisions in subsections (a), (b), | ||||||
6 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
7 | Criminal Code of 2012 apply to this Section. | ||||||
8 | (c) The United States Supreme Court in District of Columbia | ||||||
9 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
10 | that the Second Amendment to the United States Constitution | ||||||
11 | does not confer an unlimited right and that states may prohibit | ||||||
12 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
13 | stated in the Heller decision: "Although we do not undertake an | ||||||
14 | exhaustive historical analysis today of the full scope of the | ||||||
15 | Second Amendment, nothing in our opinion should be taken to | ||||||
16 | cast doubt on longstanding prohibitions on the possession of | ||||||
17 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
18 | carrying of firearms in sensitive places such as schools and | ||||||
19 | government buildings . . ." The Supreme Court also noted in a | ||||||
20 | footnote referencing this statement in the Heller decision | ||||||
21 | that: "We identify these presumptively lawful regulatory | ||||||
22 | measures only as examples; our list does not purport to be | ||||||
23 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
24 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
25 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second |
| |||||||
| |||||||
1 | Amendment against state action. The Supreme Court again stated: | ||||||
2 | "We made it clear in Heller that our holding did not cast doubt | ||||||
3 | on such longstanding regulatory measures as "prohibitions on | ||||||
4 | the possession of firearms by felons and the mentally ill," | ||||||
5 | "laws forbidding the carrying of firearms in sensitive places | ||||||
6 | such as schools and government buildings . . . We repeat those | ||||||
7 | assurances here." Further, the federal 7th Circuit Court of | ||||||
8 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
9 | cited the "sensitive place" statement of the Supreme Court in | ||||||
10 | both the Heller and McDonald decisions and concluded: "That a | ||||||
11 | legislature can forbid the carrying of firearms in schools and | ||||||
12 | government buildings means that any right to possess a gun for | ||||||
13 | self-defense outside the home is not absolute, and it is not | ||||||
14 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
15 | General Assembly finds that the place or location set forth in | ||||||
16 | subsection (a) of this Section is a sensitive place and the | ||||||
17 | prohibition on the carrying of firearms will promote public | ||||||
18 | safety in this sensitive place. | ||||||
19 | Section 145. Firearm carry prohibition; stadium; arena. | ||||||
20 | (a) No person may knowingly carry a firearm into any | ||||||
21 | stadium, arena, or collegiate or professional sporting event, | ||||||
22 | or any adjacent property or parking lot area under the control | ||||||
23 | of or owned by a facility where carry is prohibited under this | ||||||
24 | Section. | ||||||
25 | (b) The exemptions and provisions in subsections (a), (b), |
| |||||||
| |||||||
1 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
2 | Criminal Code of 2012 apply to this Section. | ||||||
3 | (c) The United States Supreme Court in District of Columbia | ||||||
4 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
5 | that the Second Amendment to the United States Constitution | ||||||
6 | does not confer an unlimited right and that states may prohibit | ||||||
7 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
8 | stated in the Heller decision: "Although we do not undertake an | ||||||
9 | exhaustive historical analysis today of the full scope of the | ||||||
10 | Second Amendment, nothing in our opinion should be taken to | ||||||
11 | cast doubt on longstanding prohibitions on the possession of | ||||||
12 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
13 | carrying of firearms in sensitive places such as schools and | ||||||
14 | government buildings . . ." The Supreme Court also noted in a | ||||||
15 | footnote referencing this statement in the Heller decision | ||||||
16 | that: "We identify these presumptively lawful regulatory | ||||||
17 | measures only as examples; our list does not purport to be | ||||||
18 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
19 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
20 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
21 | Amendment against state action. The Supreme Court again stated: | ||||||
22 | "We made it clear in Heller that our holding did not cast doubt | ||||||
23 | on such longstanding regulatory measures as "prohibitions on | ||||||
24 | the possession of firearms by felons and the mentally ill," | ||||||
25 | "laws forbidding the carrying of firearms in sensitive places | ||||||
26 | such as schools and government buildings . . . We repeat those |
| |||||||
| |||||||
1 | assurances here." Further, the federal 7th Circuit Court of | ||||||
2 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
3 | cited the "sensitive place" statement of the Supreme Court in | ||||||
4 | both the Heller and McDonald decisions and concluded: "That a | ||||||
5 | legislature can forbid the carrying of firearms in schools and | ||||||
6 | government buildings means that any right to possess a gun for | ||||||
7 | self-defense outside the home is not absolute, and it is not | ||||||
8 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
9 | General Assembly finds that the place or location set forth in | ||||||
10 | subsection (a) of this Section is a sensitive place and the | ||||||
11 | prohibition on the carrying of firearms will promote public | ||||||
12 | safety in this sensitive place. | ||||||
13 | Section 150. Firearm carry prohibition; hospital; mental | ||||||
14 | health facility. | ||||||
15 | (a) No person may knowingly carry a firearm into any | ||||||
16 | hospital or mental health facility, or onto any adjacent | ||||||
17 | property or parking lot area under the control of or owned by a | ||||||
18 | hospital or mental health facility. | ||||||
19 | (b) The exemptions and provisions in subsections (a), (b), | ||||||
20 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
21 | Criminal Code of 2012 apply to this Section. | ||||||
22 | (c) The United States Supreme Court in District of Columbia | ||||||
23 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
24 | that the Second Amendment to the United States Constitution | ||||||
25 | does not confer an unlimited right and that states may prohibit |
| |||||||
| |||||||
1 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
2 | stated in the Heller decision: "Although we do not undertake an | ||||||
3 | exhaustive historical analysis today of the full scope of the | ||||||
4 | Second Amendment, nothing in our opinion should be taken to | ||||||
5 | cast doubt on longstanding prohibitions on the possession of | ||||||
6 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
7 | carrying of firearms in sensitive places such as schools and | ||||||
8 | government buildings . . ." The Supreme Court also noted in a | ||||||
9 | footnote referencing this statement in the Heller decision | ||||||
10 | that: "We identify these presumptively lawful regulatory | ||||||
11 | measures only as examples; our list does not purport to be | ||||||
12 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
13 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
14 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
15 | Amendment against state action. The Supreme Court again stated: | ||||||
16 | "We made it clear in Heller that our holding did not cast doubt | ||||||
17 | on such longstanding regulatory measures as "prohibitions on | ||||||
18 | the possession of firearms by felons and the mentally ill," | ||||||
19 | "laws forbidding the carrying of firearms in sensitive places | ||||||
20 | such as schools and government buildings . . . We repeat those | ||||||
21 | assurances here." Further, the federal 7th Circuit Court of | ||||||
22 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
23 | cited the "sensitive place" statement of the Supreme Court in | ||||||
24 | both the Heller and McDonald decisions and concluded: "That a | ||||||
25 | legislature can forbid the carrying of firearms in schools and | ||||||
26 | government buildings means that any right to possess a gun for |
| |||||||
| |||||||
1 | self-defense outside the home is not absolute, and it is not | ||||||
2 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
3 | General Assembly finds that the place or location set forth in | ||||||
4 | subsection (a) of this Section is a sensitive place and the | ||||||
5 | prohibition on the carrying of firearms will promote public | ||||||
6 | safety in this sensitive place. | ||||||
7 | Section 160. Firearm carry prohibition; library. | ||||||
8 | (a) No person may knowingly carry a firearm into any | ||||||
9 | library, or onto any adjacent property or parking lot area | ||||||
10 | under the control of or owned by a library. | ||||||
11 | (b) The exemptions and provisions in subsections (a), (b), | ||||||
12 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
13 | Criminal Code of 2012 apply to this Section. | ||||||
14 | (c) The United States Supreme Court in District of Columbia | ||||||
15 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
16 | that the Second Amendment to the United States Constitution | ||||||
17 | does not confer an unlimited right and that states may prohibit | ||||||
18 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
19 | stated in the Heller decision: "Although we do not undertake an | ||||||
20 | exhaustive historical analysis today of the full scope of the | ||||||
21 | Second Amendment, nothing in our opinion should be taken to | ||||||
22 | cast doubt on longstanding prohibitions on the possession of | ||||||
23 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
24 | carrying of firearms in sensitive places such as schools and | ||||||
25 | government buildings . . ." The Supreme Court also noted in a |
| |||||||
| |||||||
1 | footnote referencing this statement in the Heller decision | ||||||
2 | that: "We identify these presumptively lawful regulatory | ||||||
3 | measures only as examples; our list does not purport to be | ||||||
4 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
5 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
6 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | ||||||
7 | Amendment against state action. The Supreme Court again stated: | ||||||
8 | "We made it clear in Heller that our holding did not cast doubt | ||||||
9 | on such longstanding regulatory measures as "prohibitions on | ||||||
10 | the possession of firearms by felons and the mentally ill," | ||||||
11 | "laws forbidding the carrying of firearms in sensitive places | ||||||
12 | such as schools and government buildings . . . We repeat those | ||||||
13 | assurances here." Further, the federal 7th Circuit Court of | ||||||
14 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
15 | cited the "sensitive place" statement of the Supreme Court in | ||||||
16 | both the Heller and McDonald decisions and concluded: "That a | ||||||
17 | legislature can forbid the carrying of firearms in schools and | ||||||
18 | government buildings means that any right to possess a gun for | ||||||
19 | self-defense outside the home is not absolute, and it is not | ||||||
20 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
21 | General Assembly finds that the place or location set forth in | ||||||
22 | subsection (a) of this Section is a sensitive place and the | ||||||
23 | prohibition on the carrying of firearms will promote public | ||||||
24 | safety in this sensitive place. | ||||||
25 | Section 205. Firearm carry prohibition; public |
| |||||||
| |||||||
1 | transportation. | ||||||
2 | (a) No person may knowingly carry a firearm on buses, | ||||||
3 | trains, or any form of transportation paid for in part or whole | ||||||
4 | with public funds, and any transportation facility and the | ||||||
5 | surrounding premises under its control. | ||||||
6 | (b) The exemptions and provisions in subsections (a), (b), | ||||||
7 | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | ||||||
8 | Criminal Code of 2012 apply to this Section. | ||||||
9 | (c) The United States Supreme Court in District of Columbia | ||||||
10 | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | ||||||
11 | that the Second Amendment to the United States Constitution | ||||||
12 | does not confer an unlimited right and that states may prohibit | ||||||
13 | the carrying of firearms in sensitive places. The Supreme Court | ||||||
14 | stated in the Heller decision: "Although we do not undertake an | ||||||
15 | exhaustive historical analysis today of the full scope of the | ||||||
16 | Second Amendment, nothing in our opinion should be taken to | ||||||
17 | cast doubt on longstanding prohibitions on the possession of | ||||||
18 | firearms by felons and the mentally ill, or laws forbidding the | ||||||
19 | carrying of firearms in sensitive places such as schools and | ||||||
20 | government buildings . . ." The Supreme Court also noted in a | ||||||
21 | footnote referencing this statement in the Heller decision | ||||||
22 | that: "We identify these presumptively lawful regulatory | ||||||
23 | measures only as examples; our list does not purport to be | ||||||
24 | exhaustive."
This recognition was reiterated by the U. S. | ||||||
25 | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | ||||||
26 | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second |
| |||||||
| |||||||
1 | Amendment against state action. The Supreme Court again stated: | ||||||
2 | "We made it clear in Heller that our holding did not cast doubt | ||||||
3 | on such longstanding regulatory measures as "prohibitions on | ||||||
4 | the possession of firearms by felons and the mentally ill," | ||||||
5 | "laws forbidding the carrying of firearms in sensitive places | ||||||
6 | such as schools and government buildings . . . We repeat those | ||||||
7 | assurances here." Further, the federal 7th Circuit Court of | ||||||
8 | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | ||||||
9 | cited the "sensitive place" statement of the Supreme Court in | ||||||
10 | both the Heller and McDonald decisions and concluded: "That a | ||||||
11 | legislature can forbid the carrying of firearms in schools and | ||||||
12 | government buildings means that any right to possess a gun for | ||||||
13 | self-defense outside the home is not absolute, and it is not | ||||||
14 | absolute by the Supreme Court's own terms." Therefore, the | ||||||
15 | General Assembly finds that the place or location set forth in | ||||||
16 | subsection (a) of this Section is a sensitive place and the | ||||||
17 | prohibition on the carrying of firearms will promote public | ||||||
18 | safety in this sensitive place. | ||||||
19 | Section 250-10. Definitions. As used in this Act: | ||||||
20 | "Concealed firearm" means a loaded or unloaded handgun | ||||||
21 | carried on or about a person completely or mostly concealed | ||||||
22 | from view of the public, or carried in a vehicle in such a way | ||||||
23 | as it is concealed from view of the public. | ||||||
24 | "Department" means the Department of State Police. | ||||||
25 | "Director" means the Director of State Police. |
| |||||||
| |||||||
1 | "Fund" means the Citizen Safety and Self-Defense Trust | ||||||
2 | Fund. | ||||||
3 | "Handgun" means any device which is designed to expel a | ||||||
4 | projectile or projectiles by the action of an explosion, | ||||||
5 | expansion of gas, or escape of gas that is designed to be held | ||||||
6 | and fired by the use of a single hand, and includes a | ||||||
7 | combination of parts from which that firearm can be assembled. | ||||||
8 | "Handgun" includes, but is not limited, to magazines, | ||||||
9 | ammunition, laser sighting devices and other accessories | ||||||
10 | intrinsic to a handgun carried for defensive purposes. | ||||||
11 | "Handgun" does not include a stun gun or taser. | ||||||
12 | "License" means a license issued by the Department of State | ||||||
13 | Police to carry a loaded or unloaded handgun. | ||||||
14 | "Licensee" means a person issued a license to carry a | ||||||
15 | concealed firearm. | ||||||
16 | "Peace officer" means (i) any person who by virtue of his | ||||||
17 | or her office or public employment is vested by law with a duty | ||||||
18 | to maintain public order and to make arrests for offenses, | ||||||
19 | whether that duty extends to all offenses or is limited to | ||||||
20 | specific offenses, or (ii) any person who, by statute, is | ||||||
21 | granted and authorized to exercise powers similar to those | ||||||
22 | conferred upon any peace officer employed by a law enforcement | ||||||
23 | agency of this State.
The term "peace officer" does not apply | ||||||
24 | to an alderman acting as a conservator of the peace under | ||||||
25 | Section 3.1-15-25 of the Illinois Municipal Code. |
| |||||||
| |||||||
1 | Section 250-15. Citizen Safety and Self-Defense Trust | ||||||
2 | Fund.
Fees from applications for licenses shall be deposited | ||||||
3 | into the Citizen Safety and Self-Defense Trust Fund, a special | ||||||
4 | fund that is created in the State treasury. Moneys in the Fund | ||||||
5 | may be invested and any income from investments shall be | ||||||
6 | deposited into the Fund. Subject to appropriation, moneys in | ||||||
7 | the Fund shall exclusively be used to assist the Department | ||||||
8 | with the administrative costs associated with this Act.
| ||||||
9 | Section 250-20. Issuance of licenses to carry a concealed | ||||||
10 | firearm.
| ||||||
11 | (a) The Department shall issue a license to an applicant | ||||||
12 | who (i) meets the qualifications of Section 250-25 or Section | ||||||
13 | 250-65; (ii) has provided the application and documentation | ||||||
14 | required in Section 250-30; and (iii) has submitted the | ||||||
15 | requisite fees. The Department shall issue a renewal, | ||||||
16 | corrected, or duplicate license in accordance with this Act. | ||||||
17 | (a-5) The Department is authorized to issue licenses to | ||||||
18 | carry a handgun under this Act. A license shall permit the | ||||||
19 | licensee to: | ||||||
20 | (1) carry a loaded or unloaded handgun on or about his | ||||||
21 | or her person, concealed or otherwise; | ||||||
22 | (2) keep or carry a loaded or unloaded handgun on or | ||||||
23 | about his or her person when in a vehicle; and | ||||||
24 | (3) keep a loaded or unloaded handgun openly or | ||||||
25 | concealed in a vehicle.
|
| |||||||
| |||||||
1 | (a-10) A licensee shall possess a license at all times the | ||||||
2 | licensee carries a concealed firearm except (i) if the person | ||||||
3 | is carrying or possessing a concealed firearm and the person is | ||||||
4 | on his or her land, or in his or her abode or legal dwelling, or | ||||||
5 | in the abode or legal dwelling of another person as an invitee | ||||||
6 | with that person's permission; (ii) if the person is authorized | ||||||
7 | to carry a firearm under Section 24-2 of the Criminal Code of | ||||||
8 | 2012; or (iii) the handgun is broken down in a non-functioning | ||||||
9 | state, or is not immediately accessible, or is enclosed in a | ||||||
10 | case, firearm carrying box, shipping box or any other | ||||||
11 | container.
| ||||||
12 | (a-15) A licensee shall display the license upon the | ||||||
13 | request of a peace officer or person designated to enforce the | ||||||
14 | provisions of Section 250-70 when carrying a handgun under the | ||||||
15 | provisions of this Act.
| ||||||
16 | (b) The Department shall make applications for a license | ||||||
17 | available upon the effective date of this Act. Applications | ||||||
18 | shall be available at Department locations, on the Department's | ||||||
19 | official website, and any other location designated by the | ||||||
20 | Department. | ||||||
21 | (c) A completed application for a license shall be | ||||||
22 | submitted to the Department with all accompanying materials and | ||||||
23 | fees. The Department shall promptly return an incomplete | ||||||
24 | application to the applicant. Each
applicant for a license | ||||||
25 | shall submit an $80 application fee to the Department, $75 of | ||||||
26 | which shall be deposited into the State Police Firearm Services |
| |||||||
| |||||||
1 | Fund for use in administering the Firearm Owners Identification | ||||||
2 | Act and this Act, and $5 of which shall be used to ensure the | ||||||
3 | reporting of individuals prohibited from owning or possessing | ||||||
4 | firearms due to mental health disqualifiers to the Department | ||||||
5 | by the Department of Human Services. | ||||||
6 | (d) The Department may consider an objection to an | ||||||
7 | application,
provided the objection is in writing, includes | ||||||
8 | specific reasons
for the objection, and is submitted with the | ||||||
9 | application by a
municipal law enforcement agency or sheriff.
| ||||||
10 | Any objection submitted by a sheriff or a municipal law | ||||||
11 | enforcement
agency including reports submitted to the | ||||||
12 | Department
must be disclosed to the applicant unless
disclosure | ||||||
13 | would interfere with a criminal investigation. The Department | ||||||
14 | shall maintain a database of applicants searchable by county | ||||||
15 | that may be accessible by sheriffs for use in filing an | ||||||
16 | objection under this subsection.
| ||||||
17 | If an applicant has been arrested 5 times or more for any | ||||||
18 | reason within the past 7 years, or has been arrested 3 times or | ||||||
19 | more within the past 7 years for any combination of | ||||||
20 | gang-related offenses, then the Department shall notify the | ||||||
21 | municipal law enforcement agency and sheriff of the applicant's | ||||||
22 | application. In such a case, it is presumed that the municipal | ||||||
23 | law enforcement agency and sheriff object to the applicant's | ||||||
24 | application, unless the municipal law enforcement agency and | ||||||
25 | sheriff affirmatively state, in writing, that it does not | ||||||
26 | object to the application. For purposes of this subsection, |
| |||||||
| |||||||
1 | "gang-related offense" is an offense described in paragraph (1) | ||||||
2 | of subsection (a) of Section 12-6.2, Section 12-6.4, paragraph | ||||||
3 | (2) of subsection (b) of 16-30, Section 24-1.8, Section 25-5, | ||||||
4 | paragraph (2) of subsection (b) of Section 31-4, Section 33-4, | ||||||
5 | Section 33G-4, and subparagraph (iii) of paragraph (1.5) of | ||||||
6 | subsection (i) of Section 48-1 of the Criminal Code of 2012. | ||||||
7 | (e) Notwithstanding subsection (a), the Department may
| ||||||
8 | consider any objection or recommendation made by the sheriff or | ||||||
9 | a municipal law enforcement agency that demonstrates the | ||||||
10 | applicant is a danger to himself, herself, or others. Based | ||||||
11 | upon those objections, if the applicant is found by the | ||||||
12 | Department to be a danger to himself, herself, or others, the | ||||||
13 | Department shall deny the application and
notify the applicant | ||||||
14 | and the sheriff or the municipal law enforcement agency in | ||||||
15 | writing, stating the grounds for denial. The notice of denial | ||||||
16 | must inform the applicant that he or she may, within 90 days | ||||||
17 | for the first year after this Act takes effect and within 45 | ||||||
18 | days thereafter, appeal the denial and submit additional | ||||||
19 | materials relevant to the grounds for denial. Upon receiving | ||||||
20 | the additional documentation, the
Department shall reconsider | ||||||
21 | its decision and inform the
applicant within 30 days of the | ||||||
22 | result of the reconsideration.
If upon reconsideration the | ||||||
23 | Department denies the application,
the applicant must be | ||||||
24 | informed of the right to administrative
review.
| ||||||
25 | (f) During an administrative or judicial review of a denial | ||||||
26 | based on subsection (d) or (e) of this Section, the Department |
| |||||||
| |||||||
1 | shall have the burden of proving by clear and convincing | ||||||
2 | evidence that the applicant would pose a danger to the | ||||||
3 | applicant's self, another, or public safety, or would use a | ||||||
4 | firearm unlawfully, if granted a license to carry a concealed | ||||||
5 | firearm under this Act. | ||||||
6 | (g) The license shall be issued by the Department within 30 | ||||||
7 | days of receipt of a completed application. A license shall be | ||||||
8 | valid throughout the State for a period of 5 years. If the | ||||||
9 | Department does not act on the application within the time | ||||||
10 | period provided in subsection (e), the applicant may file, in | ||||||
11 | the circuit court of the judicial circuit in which the | ||||||
12 | applicant resides, a complaint for mandamus to compel a | ||||||
13 | decision on the application. If the applicant prevails, he or | ||||||
14 | she shall be entitled to all costs, fees, and damages. If the | ||||||
15 | court decides that the reason for the denial was
arbitrary, | ||||||
16 | capricious, malicious, or without merit, the court shall award | ||||||
17 | punitive damages.
| ||||||
18 | (h) Any Illinois resident who has a license or permit to | ||||||
19 | carry a handgun issued by another state shall be able to carry | ||||||
20 | a handgun in accordance with this Act using that license for | ||||||
21 | 365 days following the effective date of this Act. | ||||||
22 | (i) The Department shall adopt rules to implement the | ||||||
23 | provisions of this Section.
| ||||||
24 | Section 250-25. Qualifications of an applicant for a | ||||||
25 | license. The Department shall issue a license to an applicant |
| |||||||
| |||||||
1 | completing an application in accordance with Section 250-30 of | ||||||
2 | this Act if the person: | ||||||
3 | (a) is at least 21 years of age; | ||||||
4 | (b) has a valid Firearm Owner's Identification Card or, | ||||||
5 | if applying for a non-resident license, has a notarized | ||||||
6 | document stating that the applicant is eligible under | ||||||
7 | federal law and the laws of his or her home state to | ||||||
8 | possess a firearm; | ||||||
9 | (c) is not prohibited under the Firearm Owners | ||||||
10 | Identification Card Act or federal law from possessing or | ||||||
11 | receiving a firearm; | ||||||
12 | (d) is not the subject of a pending arrest warrant, | ||||||
13 | prosecution, or proceeding for an offense or action that | ||||||
14 | could lead to disqualification under subsection (c); | ||||||
15 | (e) does not chronically or habitually abuse alcoholic | ||||||
16 | beverages, as evidenced by either of the following within | ||||||
17 | the 3 years immediately preceding the application: | ||||||
18 | (1) residential or court-ordered treatment for | ||||||
19 | alcoholism or alcohol detoxification; or | ||||||
20 | (2) 2 or more convictions for driving while under | ||||||
21 | the influence or driving while intoxicated; and
| ||||||
22 | (f) has completed firearms training and any | ||||||
23 | educational component required in Section 250-85 of this | ||||||
24 | Act.
| ||||||
25 | Section 250-30. Contents of application.
|
| |||||||
| |||||||
1 | (a) The application shall be in writing, under oath and | ||||||
2 | penalty of perjury, on a standard form adopted by the | ||||||
3 | Department and shall be accompanied by the documentation | ||||||
4 | required in this Section and all applicable fees. | ||||||
5 | (b) The application shall contain the following | ||||||
6 | information: | ||||||
7 | (1) the applicant's name, current address, gender, | ||||||
8 | date and year of birth, place of birth, height, weight, | ||||||
9 | hair color, eye
color, maiden name or any other name the | ||||||
10 | applicant has used or identified with, and any address at | ||||||
11 | which the applicant
resided for more than 30 days within | ||||||
12 | the 5 years preceding the date of the application; | ||||||
13 | (2) the applicant's drivers license or state | ||||||
14 | identification card number and the last 4 digits of the | ||||||
15 | applicant's social
security number; | ||||||
16 | (3) questions to certify or demonstrate the applicant | ||||||
17 | has completed firearms training and any educational | ||||||
18 | component required in Section 250-85 of this Act; | ||||||
19 | (4) a statement that the applicant is a resident of the | ||||||
20 | State of Illinois, except persons applying under Section | ||||||
21 | 250-65 shall be instructed to submit the information | ||||||
22 | required in that Section; | ||||||
23 | (5) a waiver of privacy and confidentiality rights and | ||||||
24 | privileges enjoyed by the applicant under State and federal | ||||||
25 | law sufficient to obtain access to juvenile court, criminal | ||||||
26 | justice, psychological, or psychiatric records, or records |
| |||||||
| |||||||
1 | relating to the applicant's history, if any, of | ||||||
2 | institutionalization or inpatient treatment for alcoholism | ||||||
3 | or alcohol detoxification, as well as an affirmative | ||||||
4 | request that any person having custody of those records | ||||||
5 | provide copies of them or information concerning them to | ||||||
6 | the Department for the sole purpose of making a | ||||||
7 | determination of an applicant's eligibility under Section | ||||||
8 | 250-25; | ||||||
9 | (6) a conspicuous warning that false statements made by | ||||||
10 | the applicant will result in prosecution for perjury in | ||||||
11 | accordance with Section 32-2 of the Criminal Code of 2012; | ||||||
12 | (7) an affirmation that the applicant either possesses | ||||||
13 | a currently valid Illinois Firearm Owner's Identification | ||||||
14 | Card, in which case the application shall include the card | ||||||
15 | number, or is applying for the card in conjunction with the | ||||||
16 | application for a license, except persons applying under | ||||||
17 | Section 250-65 shall be instructed to submit a copy of a | ||||||
18 | valid license to carry a handgun issued by their home | ||||||
19 | state, if applicable, or submit a notarized document | ||||||
20 | stating the applicant is eligible under the laws of his or | ||||||
21 | her home state to possess a handgun; | ||||||
22 | (8) an affirmation that the applicant meets the | ||||||
23 | requirements of Section 250-25 and is not prohibited under | ||||||
24 | the Firearm Owners Identification Card Act or federal law | ||||||
25 | from possessing a firearm; and | ||||||
26 | (9) an affirmation that the applicant has read and |
| |||||||
| |||||||
1 | understands Article 7 of the Criminal Code of 2012 | ||||||
2 | (Justifiable Use of Force; Exoneration).
| ||||||
3 | (c) A person applying for a license shall provide a head | ||||||
4 | and shoulder color photograph in a size specified by the | ||||||
5 | Department that was taken within the 30
days preceding the date | ||||||
6 | of the application. The applicant shall consent to the | ||||||
7 | Department reviewing and using the
applicant's digital | ||||||
8 | driver's license or Illinois Identification Card photograph | ||||||
9 | and signature, if available. The Secretary of State shall allow | ||||||
10 | the Department access to the photograph and signature for the | ||||||
11 | purpose of identifying the applicant and issuing the applicant | ||||||
12 | a license. | ||||||
13 | (d) The Department may request a person applying for a | ||||||
14 | license to submit a full set of legible fingerprints if | ||||||
15 | necessary to determine the person's identity. Fingerprinting | ||||||
16 | may be administered by the Department or any other federal, | ||||||
17 | State, county, or municipal law enforcement agency or private | ||||||
18 | vendor or company. The cost of fingerprinting shall be paid by | ||||||
19 | the applicant, provided that the Department or law enforcement | ||||||
20 | agency may charge no more than $15 for a single set of | ||||||
21 | fingerprints. Each applicant for a license that the Department | ||||||
22 | requests to have his or her fingerprints submitted to the | ||||||
23 | Department shall submit them in an electronic format that | ||||||
24 | complies with the form and manner for requesting and furnishing | ||||||
25 | criminal history record information as prescribed by the | ||||||
26 | Department. These fingerprints shall be checked against the |
| |||||||
| |||||||
1 | Department and the Federal Bureau of Investigation criminal | ||||||
2 | history record databases. The Department shall charge | ||||||
3 | applicants a fee for conducting the criminal history records | ||||||
4 | check, which shall be deposited in the State Police Services | ||||||
5 | Fund and shall not exceed the actual cost of the criminal | ||||||
6 | history records check. | ||||||
7 | (e) A person applying for a license shall submit a | ||||||
8 | photocopy of a certificate or other evidence of completion of a | ||||||
9 | course to show compliance with Section 250-85 of this Act. | ||||||
10 | (f) The Department is authorized to establish a system for | ||||||
11 | electronically submitting applications, including applications | ||||||
12 | for renewal or a replacement license.
| ||||||
13 | Section 250-35. Database of applicants and licensees. Not | ||||||
14 | more than one year after the effective date of this Act: | ||||||
15 |
(a) The Department shall maintain a database of applicants | ||||||
16 | for a license and licenses. The database shall be available to | ||||||
17 | all Illinois law enforcement agencies, State's Attorneys, and | ||||||
18 | the Attorney General. Members and staff of the judiciary may | ||||||
19 | access the database for the purpose of determining whether to | ||||||
20 | confiscate a license or to ensure compliance with this Act or | ||||||
21 | any other law. The database shall be searchable and provide all | ||||||
22 | information included in the application, a photo of the | ||||||
23 | applicant or licensee, and any information related to | ||||||
24 | violations of this Act. | ||||||
25 | (a-5) Individual law enforcement agencies or any other |
| |||||||
| |||||||
1 | entity of local government shall not maintain any separate | ||||||
2 | records, lists, or searchable databases of applicants and | ||||||
3 | licensees containing information included in the Department's | ||||||
4 | database. Any law enforcement agency or other entity that | ||||||
5 | violates this Section shall be liable for all costs, fees, and | ||||||
6 | damages of not less than $5,000 per record or name kept in | ||||||
7 | violation of this Section. | ||||||
8 | (b) The Department shall make available on its website and | ||||||
9 | upon request under the Freedom of Information Act statistical | ||||||
10 | information about the number of licenses issued by county, age, | ||||||
11 | race, or gender. The report shall be updated monthly. Except as | ||||||
12 | provided in this subsection, applications and information in | ||||||
13 | the database shall be confidential and exempt from disclosure | ||||||
14 | under the Freedom of Information Act. The Department may answer | ||||||
15 | requests to confirm or deny whether a person has been issued a | ||||||
16 | license as part of inquiries dealing with a criminal | ||||||
17 | investigation. Individual law enforcement agencies, State's | ||||||
18 | Attorneys, the Attorney General, members of the judiciary, and | ||||||
19 | judicial staff shall sign a confidentiality agreement, | ||||||
20 | prepared by the Department, prior to receiving access to the | ||||||
21 | database. No law enforcement agency, State's Attorney, the | ||||||
22 | Attorney General, or member or staff of the judiciary, other | ||||||
23 | than the Department, shall provide any information to a | ||||||
24 | requester not entitled to it by law, except as required or | ||||||
25 | necessary for the conduct of a criminal investigation.
|
| |||||||
| |||||||
1 | Section 250-40. Suspension or revocation of a license. | ||||||
2 | (a) A license issued or renewed under this Act shall be | ||||||
3 | revoked if, at any time, the licensee is found ineligible for a | ||||||
4 | license based on the criteria set forth in Section 250-25 of | ||||||
5 | this Act or the licensee no longer possesses a Firearm Owner's | ||||||
6 | Identification Card or a non-resident licensee if his or her | ||||||
7 | home state has revoked a license to carry a firearm. A license | ||||||
8 | shall not be revoked unless the revocation is for reasons | ||||||
9 | specifically authorized by this Act. This subsection shall not | ||||||
10 | apply to a person who has filed an application with the State | ||||||
11 | Police for renewal of a Firearm Owner's Identification Card and | ||||||
12 | who is not otherwise ineligible to obtain a Firearm Owner's | ||||||
13 | Identification Card.
| ||||||
14 | (b) A license shall be suspended if an order of protection | ||||||
15 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
16 | or under Section 214 of the Illinois Domestic Violence Act of | ||||||
17 | 1986 is issued against a licensee. The license shall be | ||||||
18 | suspended for the duration of the order or until the order is | ||||||
19 | terminated by a court and the Department shall not reissue or | ||||||
20 | renew a license for the duration of the order or until the | ||||||
21 | order is terminated. If an order of protection is issued | ||||||
22 | against a licensee, the licensee shall surrender the license, | ||||||
23 | as applicable, to the court at the time the order is entered or | ||||||
24 | to the law enforcement agency or entity designated to serve | ||||||
25 | process at the time the licensee is served the order. The | ||||||
26 | court, law enforcement agency, or entity responsible for |
| |||||||
| |||||||
1 | serving the order shall transmit the license to the Department. | ||||||
2 | (c) The Department may suspend a license for a violation of | ||||||
3 | Section 250-70 of this Act in accordance with subsection (i) of | ||||||
4 | Section 250-70. | ||||||
5 | (d) A license shall be invalid upon expiration of the | ||||||
6 | license, unless the licensee has submitted an application to | ||||||
7 | renew the license. A person who fails to renew his or her | ||||||
8 | license within 6 months after its expiration must reapply for a | ||||||
9 | new license and pay the fee for a new application. | ||||||
10 | (e) The Department may suspend a license for up to 90 days | ||||||
11 | if a licensee fails to submit a change of address or name or | ||||||
12 | fails to report a lost or destroyed license to the Department | ||||||
13 | within 60 days of the discovery of the loss or destruction of | ||||||
14 | the license.
| ||||||
15 | Section 250-45. Renewal of license.
| ||||||
16 | (a) Not later than 120 days before the expiration of any | ||||||
17 | license issued under this Act, the Department shall notify the | ||||||
18 | licensee in writing of the expiration and furnish an | ||||||
19 | application for renewal of the license or make the application | ||||||
20 | available on-line. | ||||||
21 | (b) Applications for renewal of a license shall be made to | ||||||
22 | the Department. A license shall be renewed for a period of 5 | ||||||
23 | years upon receipt of a completed renewal application and a $25 | ||||||
24 | renewal fee. An applicant for a renewal shall submit, on a form | ||||||
25 | prescribed by the Department, proof that the applicant has: (i) |
| |||||||
| |||||||
1 | participated in at least one shooting competition with a
| ||||||
2 | handgun within 6 months of the application for renewal and | ||||||
3 | attested to by any instructor qualified under this Act; or
(ii) | ||||||
4 | completed an equivalent range exercise as prescribed in
Section | ||||||
5 | 250-85 and attested to by any instructor qualified under this | ||||||
6 | Act.
The Department shall make the range recertification form | ||||||
7 | available on its website or as part of a renewal application.
| ||||||
8 | Section 250-50. Change of address, change of name, or lost | ||||||
9 | or destroyed licenses.
| ||||||
10 | (a) The licensee shall notify the Department within 60 days | ||||||
11 | of: (i) moving or changing a residence or any change of name; | ||||||
12 | or (ii) the discovery of the loss or destruction of a license. | ||||||
13 | (b) If a licensee changes residence within this State or | ||||||
14 | changes his or her name, the licensee shall request a new | ||||||
15 | license. The licensee shall submit a $25 fee, a notarized | ||||||
16 | statement that the licensee has changed residence or his or her | ||||||
17 | name, and a photograph as required in Section 250-30 of this | ||||||
18 | Act. The statement must include the prior and current address | ||||||
19 | or name and the date the applicant moved or changed his or her | ||||||
20 | name. | ||||||
21 | (c) A lost or destroyed license shall be invalid. To | ||||||
22 | request a new license, the licensee shall submit (i) a $25 fee, | ||||||
23 | (ii) a notarized statement that the licensee no longer | ||||||
24 | possesses the license and that it was lost or destroyed, or | ||||||
25 | (iii) a copy of a police report stating that the license was |
| |||||||
| |||||||
1 | lost, destroyed, or stolen, and (iv) a photograph as required | ||||||
2 | in Section 250-30 of this Act.
| ||||||
3 | Section 250-65. Non-resident applications and reciprocity. | ||||||
4 | (a) A person from another state or territory of the United | ||||||
5 | States may apply for a non-resident license. The applicant | ||||||
6 | shall apply to the Department and must meet the qualifications | ||||||
7 | established in Section 250-25. The applicant shall submit: | ||||||
8 | (1) the application and documentation required in | ||||||
9 | Section 250-30; | ||||||
10 | (2) a notarized document stating the applicant: | ||||||
11 | (A) is eligible under federal law and the laws of | ||||||
12 | his or her home state to possess a firearm; | ||||||
13 | (B) if applicable, has a license or permit to carry | ||||||
14 | a firearm or concealed firearm issued by his or her | ||||||
15 | home state and that a copy is attached to the | ||||||
16 | application; | ||||||
17 | (C) is familiar with Illinois laws pertaining to | ||||||
18 | the possession and transport of firearms; and | ||||||
19 | (D) acknowledges that the applicant is subject to | ||||||
20 | the jurisdiction of the Department and Illinois courts | ||||||
21 | for any violation of this Act; and | ||||||
22 | (3) a $25 application fee. | ||||||
23 | In lieu of an Illinois State driver's license or | ||||||
24 | identification card, the person shall provide similar | ||||||
25 | documentation from his or her state or territory; a |
| |||||||
| |||||||
1 | non-resident shall not be required to have a Firearm Owner's | ||||||
2 | Identification Card. | ||||||
3 | (b)(1) Notwithstanding subsection (a) a nonresident of | ||||||
4 | Illinois may carry a handgun in accordance with this Act if the | ||||||
5 | nonresident: | ||||||
6 | (A) is 21 years of age or older; | ||||||
7 | (B) has in his or her immediate possession a valid | ||||||
8 | license that authorizes the individual to carry a concealed | ||||||
9 | firearm issued to him or her by his or her home state; and | ||||||
10 | (C) is a legal resident of the United States. | ||||||
11 | The Department shall recognize any other state's license or | ||||||
12 | permit whose requirements to obtain a license or permit is | ||||||
13 | substantially similar to those requirements contained in | ||||||
14 | Section 250-85. When required by another state, the Department | ||||||
15 | shall enter into a reciprocal agreement with that state. Those | ||||||
16 | states with substantially similar laws include, but are not | ||||||
17 | limited to: Arizona, California, Florida, Iowa, Kentucky, | ||||||
18 | Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, | ||||||
19 | Texas, and Wisconsin. | ||||||
20 | (2) A nonresident is subject to the same laws and | ||||||
21 | restrictions with respect to carrying a handgun as a resident | ||||||
22 | of Illinois who is licensed under this Act. | ||||||
23 | (3) If the resident of another state who is the holder of a | ||||||
24 | valid license to carry a concealed weapon or concealed firearm | ||||||
25 | issued in another state establishes legal residence in this | ||||||
26 | State the license shall remain in effect for 90 days following |
| |||||||
| |||||||
1 | the date on which the holder of the license establishes legal | ||||||
2 | residence in this State.
For the purposes of this paragraph, | ||||||
3 | the person may establish legal residence in this State by: (A) | ||||||
4 | registering to vote; or
(B) obtaining an Illinois driver's | ||||||
5 | license or state identification card; or
(C) filing for | ||||||
6 | homestead tax exemption on property in this State.
| ||||||
7 | Section 250-70. Restrictions.
| ||||||
8 | (a) No license issued under this Act shall authorize any | ||||||
9 | person to knowingly carry a concealed firearm into: | ||||||
10 | (1) Any building under control of the General Assembly | ||||||
11 | or any of its support service agencies, including the | ||||||
12 | portion of a building in which a committee of the General | ||||||
13 | Assembly convenes for the purpose of conducting meetings of | ||||||
14 | committees, joint committees, or legislative commissions; | ||||||
15 | except that nothing in this Section shall prevent a member | ||||||
16 | of the General Assembly from allowing licensees to carry a | ||||||
17 | firearm into his or her district office.
| ||||||
18 | (2) Any courthouse or part of that building that is | ||||||
19 | occupied by the Circuit, Appellate, or Supreme Court, or a | ||||||
20 | room designated for court proceedings by any of these | ||||||
21 | courts, except as provided in subsection (a-5). | ||||||
22 | (3) Any meeting of the governing body of a unit of | ||||||
23 | local government or special district. | ||||||
24 | (4) Any establishment licensed to dispense alcoholic | ||||||
25 | beverages for consumption on the premises if less than 50% |
| |||||||
| |||||||
1 | of its annual gross income comes from the sale of food. | ||||||
2 | (5) Any secure area of an airport to which access is | ||||||
3 | controlled by the inspection of persons and property. | ||||||
4 | (6) Any place where the carrying of a firearm is | ||||||
5 | prohibited by federal law. | ||||||
6 | (7) Any elementary or secondary school building | ||||||
7 | without the consent of school authorities. School | ||||||
8 | authorities shall inform the appropriate law enforcement | ||||||
9 | agency and any law enforcement personnel on site of that | ||||||
10 | consent. | ||||||
11 | (8) Any portion of a building used as a child care | ||||||
12 | facility without the consent of the owner or manager. | ||||||
13 | Nothing in this Section shall prevent the operator of a | ||||||
14 | child care facility in a family home from owning or | ||||||
15 | possessing a firearm or license. | ||||||
16 | (9) Any casino licensed under the Riverboat Gambling | ||||||
17 | Act. This shall not apply to any place of business that is | ||||||
18 | not a casino licensed for video gaming. | ||||||
19 | (10) Any gated area of an amusement park. | ||||||
20 | (11) Any stadium, arena, or collegiate or professional | ||||||
21 | sporting event. | ||||||
22 | (12) A residential mental health facility. | ||||||
23 | (13) Any community college, college, or university | ||||||
24 | building without consent of the school authorities. School | ||||||
25 | authorities shall inform the appropriate law enforcement | ||||||
26 | agency and any law enforcement personnel on site of that |
| |||||||
| |||||||
1 | consent. A community college, college, or university may | ||||||
2 | prohibit the carrying of a firearm on its campus. | ||||||
3 | (14) A public library building without the written | ||||||
4 | consent of the library's governing body. The governing body | ||||||
5 | shall inform the appropriate law enforcement agency of that | ||||||
6 | consent.
| ||||||
7 | (15) Any police, sheriff, or State Police office or | ||||||
8 | station without the consent of the chief law enforcement | ||||||
9 | officer in charge of that office or station. | ||||||
10 | (16) Any adult or juvenile detention or correctional | ||||||
11 | institution, prison, or jail. | ||||||
12 | (a-5) Judges, State's Attorneys and assistant State's | ||||||
13 | Attorneys with the permission of the State's Attorney, who | ||||||
14 | possess a valid license under this Act may possess a firearm in | ||||||
15 | any courthouse in which they are employed, but shall be | ||||||
16 | required to follow any rules applicable to sworn peace officers | ||||||
17 | to maintain facility security. | ||||||
18 | (b) A municipality, county, or school district may prohibit | ||||||
19 | or limit licensees from carrying a firearm into or within any | ||||||
20 | building or portion of any building owned, leased, or | ||||||
21 | controlled by the municipality, county, or school district by a | ||||||
22 | majority vote of the members of its legislative body or | ||||||
23 | governing board. The resolution, ordinance, or policy shall not | ||||||
24 | prohibit a licensee from carrying a concealed firearm into or | ||||||
25 | within any building used for public housing; into or within any | ||||||
26 | publicly-accessible restroom or rest stop; into, within, or on |
| |||||||
| |||||||
1 | any bridge, tunnel, overpass, underpass, elevated walkway, or | ||||||
2 | other structure used as a public right of way; or into or | ||||||
3 | within any publicly-accessible parking facility. The | ||||||
4 | resolution, ordinance, or policy shall not prohibit a licensee | ||||||
5 | from carrying a concealed firearm in a public transportation | ||||||
6 | facility or while accessing the services of a public | ||||||
7 | transportation agency, including while traveling via public | ||||||
8 | transportation. For purposes of this Section, "public | ||||||
9 | transportation agency" means a public or private agency, or any | ||||||
10 | combination thereof, that provides for the transportation or | ||||||
11 | conveyance of persons by means available to the general public, | ||||||
12 | except taxicabs, livery cabs, or limousines. Violators of the | ||||||
13 | resolution or ordinance may be removed from the premises and | ||||||
14 | assessed a civil fine of up to $100. | ||||||
15 | (c) The owner of a business or commercial lessee, or a | ||||||
16 | private business enterprise, or any other private | ||||||
17 | organization, entity, or person, may prohibit licensees from | ||||||
18 | carrying a concealed firearm on the premises under its control. | ||||||
19 | However, a private landlord of a residential or commercial | ||||||
20 | property shall not prohibit any lessee from possessing or | ||||||
21 | carrying a firearm in accordance with this Act in or on the | ||||||
22 | leased premises or during ingress or egress of the leased | ||||||
23 | premises. The owner, business or commercial lessee, or manager | ||||||
24 | of a private business enterprise or any other private | ||||||
25 | organization, entity, or person who allows the carrying of a | ||||||
26 | firearm by a licensee shall not be liable for any act of the |
| |||||||
| |||||||
1 | licensee that arises out of the licensee carrying a firearm. | ||||||
2 | (c-1) The Governor, Lieutenant Governor, Attorney General, | ||||||
3 | Secretary of State, Comptroller, or Treasurer may prohibit | ||||||
4 | licensees from carrying a handgun in buildings under their | ||||||
5 | control. | ||||||
6 | (d) Any person licensed under this Act who is prohibited | ||||||
7 | from carrying a concealed firearm into a building by the | ||||||
8 | provisions of subsection (a) or under an ordinance, resolution, | ||||||
9 | or policy adopted in accordance with subsection (b) or (c) | ||||||
10 | shall be permitted to store that firearm or ammunition out of | ||||||
11 | plain sight in his or her locked vehicle or in a locked | ||||||
12 | compartment or container within or securely affixed to the | ||||||
13 | outside of the vehicle. A licensee shall not be in violation of | ||||||
14 | this Section while he or she is traversing a public right of | ||||||
15 | way that touches or crosses any of the premises specified in | ||||||
16 | subsection (a) or from which firearms are prohibited under the | ||||||
17 | provisions of subsection (b) or (c), provided that the firearm | ||||||
18 | is carried on his or her person or in a vehicle in accordance | ||||||
19 | with this Act or is being transported in a case or container in | ||||||
20 | accordance with applicable law. A licensee shall not be in | ||||||
21 | violation of subsection (b) or (c) if the responsible party for | ||||||
22 | the premises fails to conspicuously post notice of the | ||||||
23 | prohibition at all public entrances to the building in | ||||||
24 | accordance with subsection (g). | ||||||
25 | (e) If a law enforcement officer initiates an investigative | ||||||
26 | stop, including but not limited to a traffic stop, of a |
| |||||||
| |||||||
1 | licensee who is carrying a concealed firearm under the | ||||||
2 | provisions of this Act, the licensee shall disclose as soon as | ||||||
3 | reasonably possible to the officer that he or she is in | ||||||
4 | possession of a concealed firearm under this Act. Disclosure | ||||||
5 | may be accomplished by oral notification or by providing or | ||||||
6 | displaying the license to carry a concealed firearm to the | ||||||
7 | officer. Any firearm that is removed from a licensee during an | ||||||
8 | investigative stop shall be returned immediately to the | ||||||
9 | licensee in its original condition upon conclusion of the stop | ||||||
10 | unless the licensee is placed under arrest. | ||||||
11 | (f) A licensee shall not carry a handgun under the | ||||||
12 | provisions of this Act while under the influence of illegal | ||||||
13 | drugs or hallucinogenic drugs or alcohol. For the purposes of | ||||||
14 | this subsection (f), under the influence of alcohol means a | ||||||
15 | blood alcohol content of .08 or greater. | ||||||
16 | (g) Signs stating that the carrying of a firearm is | ||||||
17 | prohibited shall be clearly and conspicuously posted at every | ||||||
18 | entrance
of a building or premises specified in subsection (a) | ||||||
19 | or designated in accordance with subsection (b) or (c). Signs | ||||||
20 | shall be of a uniform size and design, not smaller than 8 | ||||||
21 | inches by 10 inches as prescribed by the Department. The | ||||||
22 | Department shall adopt rules for standardized signs to be used | ||||||
23 | under this subsection.
| ||||||
24 | (h) A violation of subsection (a), (b), (c), (d), or (f), | ||||||
25 | shall not be a criminal offense, but the licensee may be denied | ||||||
26 | access to or removed from the premises by management, |
| |||||||
| |||||||
1 | administration, or an authorized agent of the facility. If the | ||||||
2 | licensee refuses to obey these requests, law enforcement may be | ||||||
3 | summoned and the licensee may be cited for a petty offense and | ||||||
4 | fined not more than $100 plus costs for the first offense. If a | ||||||
5 | second violation occurs within 6 months of the first, the fine | ||||||
6 | may be up to $200 plus costs and the license to carry a handgun | ||||||
7 | may be suspended for 30 days. If a third violation occurs | ||||||
8 | within a year of the first offense, the fine may be up to $500 | ||||||
9 | plus costs and the license may be suspended for 6 months. If a | ||||||
10 | licensee has more than 5 violations in 2 years for the above | ||||||
11 | offenses, the Department may revoke the license to carry a | ||||||
12 | handgun and the licensee shall not be eligible to receive | ||||||
13 | another license for a period of 3 years after the last | ||||||
14 | violation. After the revocation period expires, the licensee | ||||||
15 | shall file a new application with new documentation as | ||||||
16 | prescribed in Section 250-30 or Section 250-65 in order to | ||||||
17 | receive a new license. | ||||||
18 | (i) A violation of subsection (e) is a petty offense; the | ||||||
19 | licensee may be fined up to $200 plus costs plus a $50 fee to be | ||||||
20 | deposited in the Citizen Safety and Self-Defense Fund. A second | ||||||
21 | violation of subsection (e) may carry a fine of up to $500 plus | ||||||
22 | costs and $50 fee and suspension of the license for up to 6 | ||||||
23 | months. A licensee with 3 or more violations of subsection (e) | ||||||
24 | within 2 years may have his or her license revoked for up to 3 | ||||||
25 | years. After the revocation period expires, the licensee shall | ||||||
26 | file a new application with new documentation as prescribed in |
| |||||||
| |||||||
1 | Section 250-30 or Section 250-65 in order to receive a new | ||||||
2 | license. | ||||||
3 | Section 250-75. Immunity, employees, and agents. The | ||||||
4 | office of the county sheriff, or any employee or agent of the | ||||||
5 | county sheriff, or the Department of State Police shall not be | ||||||
6 | liable for damages in any civil action arising from alleged | ||||||
7 | wrongful or improper granting, renewing, or failure to revoke | ||||||
8 | licenses issued under this Act, except for willful or wanton | ||||||
9 | misconduct. The office of the county sheriff and any employees | ||||||
10 | or agents shall not be liable for submitting specific or | ||||||
11 | articulable reasons why an applicant should be denied a | ||||||
12 | license, unless the objection contains false, malicious, or | ||||||
13 | inaccurate information and the objection constituted willful | ||||||
14 | and wanton misconduct. Any owner, business or commercial | ||||||
15 | lessee, landlord, manager of a private business enterprise, | ||||||
16 | employer, or any other organization, entity, person, public or | ||||||
17 | private college, university, or post-secondary educational | ||||||
18 | institution that does not prohibit licensees from carrying | ||||||
19 | firearms on property it owns or occupies is immune from any | ||||||
20 | liability arising from its decision. | ||||||
21 | Section 250-80. Fees. | ||||||
22 | (a) Fees collected under this Act by the Department and | ||||||
23 | deposited into the Citizen Safety and Self-Defense Trust Fund | ||||||
24 | shall be appropriated for administration of this Act. |
| |||||||
| |||||||
1 | (b) Fees shall be: | ||||||
2 | New license: $80. | ||||||
3 | Renewal of license: $25. | ||||||
4 | Duplicate license due to lost or destroyed: $15. | ||||||
5 | Corrected license due to change of address or name: $15. | ||||||
6 | (c) By March 1 of each year, the Department shall submit a | ||||||
7 | statistical report to the Governor, the President of the | ||||||
8 | Senate, and the Speaker of the House of Representatives | ||||||
9 | indicating the number of licenses issued, revoked, suspended, | ||||||
10 | denied, and issued after appeal since the last report and in | ||||||
11 | total and also the number of licenses currently valid. The | ||||||
12 | report shall also include the number of arrests and convictions | ||||||
13 | and the types of crimes committed by licensees since the last | ||||||
14 | report. | ||||||
15 | (d) The Secretary of State shall conduct a study to | ||||||
16 | determine the cost and feasibility of creating a method of | ||||||
17 | adding an identifiable code, background, or other means to show | ||||||
18 | that an individual has been issued a license by the Department | ||||||
19 | on the person's driver's license or State-issued | ||||||
20 | identification card. | ||||||
21 | Section 250-85. Applicant training. | ||||||
22 | (a) Applicants shall provide proof of completion of at | ||||||
23 | least one of the following courses: | ||||||
24 | (1) National Rifle Association Basic Personal | ||||||
25 | Protection In The Home Course. |
| |||||||
| |||||||
1 | (2) National Rifle Association Basics of Personal | ||||||
2 | Protection Outside The Home Course. | ||||||
3 | (3) National Rifle Association Basic Pistol Shooting | ||||||
4 | Course. | ||||||
5 | (4) Any other firearms training course of at least 6 | ||||||
6 | hours that covers the following: | ||||||
7 | (A) handgun safety in the classroom, at home, on | ||||||
8 | the firing range, and while carrying the firearm; | ||||||
9 | (B) the basic principles of marksmanship; | ||||||
10 | (C) care and cleaning of handguns; | ||||||
11 | (D) laws relating to the justifiable use of force. | ||||||
12 | (b) Applicants shall provide proof of certification by a | ||||||
13 | certified instructor that the applicant passed a live fire | ||||||
14 | exercise with a handgun consisting of: | ||||||
15 | (1) a minimum of 30 rounds; and | ||||||
16 | (2) 10 rounds from a distance of 5 yards, 10 rounds | ||||||
17 | from a distance of 7 yards, and 10 rounds from a distance | ||||||
18 | of 10 yards at a B-27 silhouette or equivalent target as | ||||||
19 | approved by the Department. | ||||||
20 | (b-5) Students may provide their own safe, functional | ||||||
21 | handgun. The qualification shall be performed with | ||||||
22 | factory-loaded ammunition. | ||||||
23 | (b-6) Grades of "passing" shall not be given on range work | ||||||
24 | to an applicant who: | ||||||
25 | (1) does not follow the orders of the certified | ||||||
26 | firearms instructor; |
| |||||||
| |||||||
1 | (2) in the judgment of the certified firearms | ||||||
2 | instructor, handles a firearm in a manner that poses a | ||||||
3 | danger to the applicant or to others; or | ||||||
4 | (3) during the testing portion of the range work fails | ||||||
5 | to hit the silhouette portion of the target with 70% of the | ||||||
6 | 30 rounds fired. | ||||||
7 | (c) The classroom portion of the course may, at the | ||||||
8 | qualified firearms instructor's discretion, be divided into | ||||||
9 | segments of not less than 2 hours each. | ||||||
10 | (d) Instructors shall maintain all records for students' | ||||||
11 | performance for not less than 5 years. | ||||||
12 | (e) Certified firearms instructors shall: | ||||||
13 | (1) allow monitoring of their classes by officials of | ||||||
14 | any certifying agency; | ||||||
15 | (2) make all course records available upon demand to | ||||||
16 | authorized personnel of the Department; and | ||||||
17 | (3) not divulge course records except as authorized by | ||||||
18 | the certifying agency. | ||||||
19 | (f) Fees for applicant training courses shall be set by the | ||||||
20 | instructor. | ||||||
21 | (g) An applicant training course shall not have more than | ||||||
22 | 40 students in the classroom portion nor more than 5 students | ||||||
23 | per range officer engaged in range firing. | ||||||
24 | (h) Persons with the following training or certifications | ||||||
25 | are exempt from the requirements of subsection (a) of this | ||||||
26 | Section: |
| |||||||
| |||||||
1 | (1) An National Rifle Association certified | ||||||
2 | instructor. | ||||||
3 | (2) An individual who has qualified to carry a firearm | ||||||
4 | as a retired law enforcement officer. | ||||||
5 | (3) Any active, retired, or honorably discharged | ||||||
6 | member of the armed forces. | ||||||
7 | (4) An individual certified as a law enforcement | ||||||
8 | instructor by the Illinois Law Enforcement Training | ||||||
9 | Standards Board or other equivalent agency.
| ||||||
10 | Section 250-90. Firearms instructors training. | ||||||
11 | (a) Not later than 30 days after the effective date of this | ||||||
12 | Act, the Department shall establish a registry of instructors | ||||||
13 | who are eligible to teach courses or sign off on range | ||||||
14 | qualifications, or both, to meet the requirements of Section | ||||||
15 | 250-85 of this Act. | ||||||
16 | (b) Instructors who are eligible to teach courses and | ||||||
17 | certify range qualifications shall have one of the following | ||||||
18 | valid firearms instructor certifications: | ||||||
19 | (1) National Rifle Association Personal Protection | ||||||
20 | Instructor; | ||||||
21 | (2) National Rifle Association Basic Pistol | ||||||
22 | Instructor; | ||||||
23 | (3) National Rifle Association Law Enforcement Firearm | ||||||
24 | Instructor with a certification for handguns; | ||||||
25 | (4) Certification from a firearms instructor's course |
| |||||||
| |||||||
1 | offered by a State or federal governmental agency; or | ||||||
2 | (5) A similar firearms instructor qualifying
course | ||||||
3 | approved by the Illinois Law Enforcement Training | ||||||
4 | Standards Board. | ||||||
5 | (c) Instructors who are eligible to teach courses and | ||||||
6 | certify range qualifications shall be at least 21 years of age
| ||||||
7 | and possess at least a high school diploma or GED certificate. | ||||||
8 | (d) An applicant may have his or her instructor | ||||||
9 | qualification revoked if the applicant: | ||||||
10 | (1) does not meet the requirements of this Act to | ||||||
11 | possess a concealed firearms permit; | ||||||
12 | (2) provides false or misleading information to the | ||||||
13 | Board; or | ||||||
14 | (3) has had a prior instructor qualification revoked by | ||||||
15 | the Board or other certifying organization. | ||||||
16 | Section 250-95. Home Rule Preemption. The regulation and | ||||||
17 | licensing of firearms, including their possession, carrying, | ||||||
18 | transportation, or the issuance of licenses to carry concealed | ||||||
19 | firearms, is an exclusive power and function of the State. | ||||||
20 | Except as provided in subsection (b) of Section 250-70, a home | ||||||
21 | rule unit shall not regulate the possession, carrying, or | ||||||
22 | transportation of firearms, their components or accessories, | ||||||
23 | or ammunition. A home rule unit shall not require registration | ||||||
24 | of firearms, regulate the number of firearms, or make any other | ||||||
25 | requirements or regulations of a person licensed under this |
| |||||||
| |||||||
1 | Act. This Section is a limitation under subsection (i) of | ||||||
2 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
3 | exercise by home rule units of powers and functions exercised | ||||||
4 | by the State. Any unit of local government that violates this | ||||||
5 | Section shall be liable for all costs, fees, and damages to | ||||||
6 | anyone impacted by any rule or ordinance. | ||||||
7 | Section 250-100. Expedited appeal. A judgment of a circuit | ||||||
8 | court declaring this Act or any part of this Act | ||||||
9 | unconstitutional or unenforceable is appealable directly to | ||||||
10 | the Supreme Court. The notice of appeal shall be filed within | ||||||
11 | 30 days after the judgment of the circuit court declaring this | ||||||
12 | Act or any part of this Act unconstitutional or unenforceable. | ||||||
13 | The manner of appeal shall be as provided in Supreme Court | ||||||
14 | Rules. | ||||||
15 | Section 250-105. Severability. The provisions of this Act | ||||||
16 | are severable under Section 1.31 of the Statute on Statutes.
| ||||||
17 | Section 255-5. The Freedom of Information Act is amended by | ||||||
18 | changing Section 7.5 as follows: | ||||||
19 | (5 ILCS 140/7.5) | ||||||
20 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
21 | by the statutes referenced below, the following shall be exempt | ||||||
22 | from inspection and copying: |
| |||||||
| |||||||
1 | (a) All information determined to be confidential under | ||||||
2 | Section 4002 of the Technology Advancement and Development Act. | ||||||
3 | (b) Library circulation and order records identifying | ||||||
4 | library users with specific materials under the Library Records | ||||||
5 | Confidentiality Act. | ||||||
6 | (c) Applications, related documents, and medical records | ||||||
7 | received by the Experimental Organ Transplantation Procedures | ||||||
8 | Board and any and all documents or other records prepared by | ||||||
9 | the Experimental Organ Transplantation Procedures Board or its | ||||||
10 | staff relating to applications it has received. | ||||||
11 | (d) Information and records held by the Department of | ||||||
12 | Public Health and its authorized representatives relating to | ||||||
13 | known or suspected cases of sexually transmissible disease or | ||||||
14 | any information the disclosure of which is restricted under the | ||||||
15 | Illinois Sexually Transmissible Disease Control Act. | ||||||
16 | (e) Information the disclosure of which is exempted under | ||||||
17 | Section 30 of the Radon Industry Licensing Act. | ||||||
18 | (f) Firm performance evaluations under Section 55 of the | ||||||
19 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
20 | Based Selection Act. | ||||||
21 | (g) Information the disclosure of which is restricted and | ||||||
22 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
23 | (h) Information the disclosure of which is exempted under | ||||||
24 | the State Officials and Employees Ethics Act, and records of | ||||||
25 | any lawfully created State or local inspector general's office | ||||||
26 | that would be exempt if created or obtained by an Executive |
| |||||||
| |||||||
1 | Inspector General's office under that Act. | ||||||
2 | (i) Information contained in a local emergency energy plan | ||||||
3 | submitted to a municipality in accordance with a local | ||||||
4 | emergency energy plan ordinance that is adopted under Section | ||||||
5 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
6 | (j) Information and data concerning the distribution of | ||||||
7 | surcharge moneys collected and remitted by wireless carriers | ||||||
8 | under the Wireless Emergency Telephone Safety Act. | ||||||
9 | (k) Law enforcement officer identification information or | ||||||
10 | driver identification information compiled by a law | ||||||
11 | enforcement agency or the Department of Transportation under | ||||||
12 | Section 11-212 of the Illinois Vehicle Code. | ||||||
13 | (l) Records and information provided to a residential | ||||||
14 | health care facility resident sexual assault and death review | ||||||
15 | team or the Executive Council under the Abuse Prevention Review | ||||||
16 | Team Act. | ||||||
17 | (m) Information provided to the predatory lending database | ||||||
18 | created pursuant to Article 3 of the Residential Real Property | ||||||
19 | Disclosure Act, except to the extent authorized under that | ||||||
20 | Article. | ||||||
21 | (n) Defense budgets and petitions for certification of | ||||||
22 | compensation and expenses for court appointed trial counsel as | ||||||
23 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
24 | Litigation Act. This subsection (n) shall apply until the | ||||||
25 | conclusion of the trial of the case, even if the prosecution | ||||||
26 | chooses not to pursue the death penalty prior to trial or |
| |||||||
| |||||||
1 | sentencing. | ||||||
2 | (o) Information that is prohibited from being disclosed | ||||||
3 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
4 | Registry Act. | ||||||
5 | (p) Security portions of system safety program plans, | ||||||
6 | investigation reports, surveys, schedules, lists, data, or | ||||||
7 | information compiled, collected, or prepared by or for the | ||||||
8 | Regional Transportation Authority under Section 2.11 of the | ||||||
9 | Regional Transportation Authority Act or the St. Clair County | ||||||
10 | Transit District under the Bi-State Transit Safety Act. | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Records Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted under | ||||||
16 | Section 5-108 of the Public Utilities Act.
| ||||||
17 | (t) All identified or deidentified health information in | ||||||
18 | the form of health data or medical records contained in, stored | ||||||
19 | in, submitted to, transferred by, or released from the Illinois | ||||||
20 | Health Information Exchange, and identified or deidentified | ||||||
21 | health information in the form of health data and medical | ||||||
22 | records of the Illinois Health Information Exchange in the | ||||||
23 | possession of the Illinois Health Information Exchange | ||||||
24 | Authority due to its administration of the Illinois Health | ||||||
25 | Information Exchange. The terms "identified" and | ||||||
26 | "deidentified" shall be given the same meaning as in the Health |
| |||||||
| |||||||
1 | Insurance Accountability and Portability Act of 1996, Public | ||||||
2 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
3 | regulations promulgated thereunder. | ||||||
4 | (u) Records and information provided to an independent team | ||||||
5 | of experts under Brian's Law. | ||||||
6 | (v) Names and information of people who have applied for or | ||||||
7 | received Firearm Owner's Identification Cards under the | ||||||
8 | Firearm Owners Identification Card Act. | ||||||
9 | (w) Personally identifiable information which is exempted | ||||||
10 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
11 | Toll Highway Act. | ||||||
12 | (x) Information which is exempted from disclosure under | ||||||
13 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
14 | Illinois Municipal Code. | ||||||
15 | (y) Information maintained by the Department of State | ||||||
16 | Police in accordance with subsection (a) of Section 250-35 of | ||||||
17 | the Family and Personal Protection Act, except as authorized by | ||||||
18 | that Act. | ||||||
19 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
20 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
21 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
22 | eff. 1-1-13.) | ||||||
23 | Section 255-10. The Department of State Police Law of the | ||||||
24 | Civil Administrative Code of Illinois is amended by changing | ||||||
25 | Sections 2605-45 and 2605-300 and by adding Section 2605-595 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
3 | Sec. 2605-45. Division of Administration. The Division of
| ||||||
4 | Administration shall exercise the
following functions:
| ||||||
5 | (1) Exercise the rights, powers, and duties vested in | ||||||
6 | the
Department
by the
Governor's Office of Management and | ||||||
7 | Budget Act.
| ||||||
8 | (2) Pursue research and the publication of studies | ||||||
9 | pertaining
to local
law enforcement activities.
| ||||||
10 | (3) Exercise the rights, powers, and duties vested in | ||||||
11 | the
Department
by the Personnel Code.
| ||||||
12 | (4) Operate an electronic data processing and computer | ||||||
13 | center
for the
storage and retrieval of data pertaining to | ||||||
14 | criminal activity.
| ||||||
15 | (5) Exercise the rights, powers, and duties vested in
| ||||||
16 | the former Division of
State Troopers by Section 17 of the | ||||||
17 | State Police
Act.
| ||||||
18 | (6) Exercise the rights, powers, and duties vested in
| ||||||
19 | the Department
by "An Act relating to internal auditing in | ||||||
20 | State government", approved
August 11, 1967 (repealed; now | ||||||
21 | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| ||||||
22 | (6.5) Exercise the rights, powers, and duties vested in | ||||||
23 | the Department
by the Firearm Owners Identification Card | ||||||
24 | Act.
| ||||||
25 | (6.10) Exercise the rights, powers, and duties vested |
| |||||||
| |||||||
1 | in the Department
by the Family and Personal Protection | ||||||
2 | Act.
| ||||||
3 | (7) Exercise other duties that may be assigned
by the | ||||||
4 | Director to
fulfill the responsibilities and achieve the | ||||||
5 | purposes of the Department.
| ||||||
6 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
7 | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| ||||||
8 | Sec. 2605-300. Records; crime laboratories; personnel. To | ||||||
9 | do
the
following:
| ||||||
10 | (1) Be a central repository and custodian of criminal
| ||||||
11 | statistics for the State.
| ||||||
12 | (2) Be a central repository for criminal history
record | ||||||
13 | information.
| ||||||
14 | (3) Procure and file for record information that is
| ||||||
15 | necessary and helpful to plan programs of crime prevention, | ||||||
16 | law
enforcement,
and criminal justice.
| ||||||
17 | (4) Procure and file for record copies of
fingerprints | ||||||
18 | that may be required by law.
| ||||||
19 | (5) Establish general and field
crime laboratories.
| ||||||
20 | (6) Register and file for record information that
may | ||||||
21 | be required by law for the issuance of firearm owner's | ||||||
22 | identification
cards under the Firearm Owners | ||||||
23 | Identification Card Act and concealed carry licenses under | ||||||
24 | the Family and Personal Protection Act .
| ||||||
25 | (7) Employ polygraph operators, laboratory |
| |||||||
| |||||||
1 | technicians,
and
other
specially qualified persons to aid | ||||||
2 | in the identification of criminal
activity.
| ||||||
3 | (8) Undertake other identification, information,
| ||||||
4 | laboratory, statistical, or registration activities that | ||||||
5 | may be
required by law.
| ||||||
6 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
7 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
8 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
9 | (20 ILCS 2605/2605-595 new) | ||||||
10 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
11 | (a) There is created in the State treasury a special fund | ||||||
12 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
13 | receive revenue as provided under Section 5 of the Firearm | ||||||
14 | Owners Identification Card Act, and under the Family and | ||||||
15 | Personal Protection Act. The Fund may also receive revenue from | ||||||
16 | grants, pass-through grants, donations, appropriations, and | ||||||
17 | any other legal source. | ||||||
18 | (b) The Department of State Police may use moneys in the | ||||||
19 | Fund to finance any of its lawful purposes, mandates, | ||||||
20 | functions, and duties under the Firearm Owners Identification | ||||||
21 | Card Act or the Family and Personal Protection Act, including | ||||||
22 | the cost of sending notices of expiration of Firearm Owner's | ||||||
23 | Identification Cards and concealed carry licenses, the prompt | ||||||
24 | and efficient processing of applications under the Firearm | ||||||
25 | Owners Identification Card Act and the Family and Personal |
| |||||||
| |||||||
1 | Protection Act, and support for investigations required under | ||||||
2 | these Acts. | ||||||
3 | (c) Investment income that is attributable to the | ||||||
4 | investment of moneys in the Fund shall be retained in the Fund | ||||||
5 | for the uses specified in this Section. | ||||||
6 | (d) The State Police Firearm Services Fund shall not be | ||||||
7 | subject to fund sweeps or administrative chargebacks. | ||||||
8 | Section 255-15. The State Police Act is amended by adding | ||||||
9 | Section 25 as follows: | ||||||
10 | (20 ILCS 2610/25 new) | ||||||
11 | Sec. 25. Emergency procurement authorized. In order to | ||||||
12 | comply with recent court rulings regarding concealed carry in | ||||||
13 | Illinois, the provisions of this amendatory Act of the 98th | ||||||
14 | General Assembly, together with any procurements necessary for | ||||||
15 | the implementation of the Family and Personal Protection Act, | ||||||
16 | shall be eligible for emergency procurement for a period not | ||||||
17 | more than 180 days after the effective date of this amendatory | ||||||
18 | Act. | ||||||
19 | Section 255-20. The State Finance Act is amended by adding | ||||||
20 | Sections 5.826 and 5.827 as follows: | ||||||
21 | (30 ILCS 105/5.826 new) | ||||||
22 | Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund. |
| |||||||
| |||||||
1 | (30 ILCS 105/5.827 new) | ||||||
2 | Sec. 5.827. The State Police Firearm Services Fund. | ||||||
3 | (30 ILCS 105/5.206 rep.) | ||||||
4 | Section 255-25. The State Finance Act is amended by | ||||||
5 | repealing Section 5.206. | ||||||
6 | Section 255-30. The Firearm Owners Identification Card Act | ||||||
7 | is amended by changing Section 5 and by adding Section 5.1 as | ||||||
8 | follows:
| ||||||
9 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
10 | Sec. 5. The Department of State Police shall either approve | ||||||
11 | or
deny all applications within 30 days from the date they are | ||||||
12 | received,
and every applicant found qualified pursuant to | ||||||
13 | Section 8 of this Act by
the Department shall be entitled to a | ||||||
14 | Firearm Owner's Identification
Card upon the payment of a $10 | ||||||
15 | fee. Any applicant who is an active duty member of the Armed | ||||||
16 | Forces of the United States, a member of the Illinois National | ||||||
17 | Guard, or a member of the Reserve Forces of the United States | ||||||
18 | is exempt from the application fee. $6 of each fee derived from | ||||||
19 | the
issuance of Firearm Owner's Identification Cards, or | ||||||
20 | renewals thereof,
shall be deposited in the Wildlife and Fish | ||||||
21 | Fund in the State Treasury;
$1 of such fee shall be deposited | ||||||
22 | in the State Police Services Fund and $3 of such fee shall be |
| |||||||
| |||||||
1 | deposited in the
State Police Firearm Services Fund Firearm | ||||||
2 | Owner's Notification Fund . Monies in the State Police Firearm | ||||||
3 | Services Fund Firearm Owner's
Notification Fund shall be used | ||||||
4 | exclusively to pay for the cost of sending
notices of | ||||||
5 | expiration of Firearm Owner's Identification Cards under | ||||||
6 | Section
13.2 of this Act , and the purposes specified in Section | ||||||
7 | 2605-595 of the Department of State Police Law of the Civil | ||||||
8 | Administrative Code of Illinois .
Excess monies in the Firearm | ||||||
9 | Owner's Notification Fund shall be used to
ensure the prompt | ||||||
10 | and efficient processing of applications received under
| ||||||
11 | Section 4 of this Act.
| ||||||
12 | (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
| ||||||
13 | (430 ILCS 65/5.1 new) | ||||||
14 | Sec. 5.1. State Police Firearm Services Fund. All moneys | ||||||
15 | remaining in the Firearm Owner's Notification Fund on the | ||||||
16 | effective date of this amendatory Act of the 98th General | ||||||
17 | Assembly shall be transferred into the State Police Firearm | ||||||
18 | Services Fund, a special fund created in the State treasury, to | ||||||
19 | be expended by the Department of State Police, for the purposes | ||||||
20 | specified in Section 5. | ||||||
21 | Section 255-35. The Criminal Code of 2012 is amended by | ||||||
22 | changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
| ||||||
23 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
|
| |||||||
| |||||||
1 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
2 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
3 | Section 33A-1
in any building or on land supported in whole or | ||||||
4 | in part with public
funds or in any building on such land | ||||||
5 | without
prior written permission from the chief security | ||||||
6 | officer for that such land or
building commits a Class A | ||||||
7 | misdemeanor.
| ||||||
8 | (b) The chief security officer must grant any reasonable | ||||||
9 | request for
permission under paragraph (a). | ||||||
10 | (c) This Section shall not apply to a person acting | ||||||
11 | lawfully under the Family and Personal Protection Act. | ||||||
12 | (d) Subsection (a) shall not apply to any tenant or | ||||||
13 | resident of any public housing.
| ||||||
14 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
15 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
16 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
17 | (a) A person commits the offense of unlawful use of weapons | ||||||
18 | when
he knowingly:
| ||||||
19 | (1) Sells, manufactures, purchases, possesses or | ||||||
20 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
21 | sand-bag, metal knuckles or other knuckle weapon | ||||||
22 | regardless of its composition, throwing star,
or any knife, | ||||||
23 | commonly referred to as a switchblade knife, which has a
| ||||||
24 | blade that opens automatically by hand pressure applied to | ||||||
25 | a button,
spring or other device in the handle of the |
| |||||||
| |||||||
1 | knife, or a ballistic knife,
which is a device that propels | ||||||
2 | a knifelike blade as a projectile by means
of a coil | ||||||
3 | spring, elastic material or compressed gas; or
| ||||||
4 | (2) Carries or possesses with intent to use the same | ||||||
5 | unlawfully
against another, a dagger, dirk, billy, | ||||||
6 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
7 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
8 | deadly weapon or instrument of like character; or
| ||||||
9 | (3) Carries on or about his person or in any vehicle, a | ||||||
10 | tear gas gun
projector or bomb or any object containing | ||||||
11 | noxious liquid gas or
substance, other than an object | ||||||
12 | containing a non-lethal noxious liquid gas
or substance | ||||||
13 | designed solely for personal defense carried by a person 18
| ||||||
14 | years of age or older; or
| ||||||
15 | (4) Carries or possesses in any vehicle or concealed on | ||||||
16 | or about his
person except when on his land or in his own | ||||||
17 | abode, legal dwelling, or fixed place of
business, or on | ||||||
18 | the land or in the legal dwelling of another person as an | ||||||
19 | invitee with that person's permission, any pistol, | ||||||
20 | revolver, stun gun or taser or other firearm, except
that
| ||||||
21 | this subsection (a) (4) does not apply to or affect | ||||||
22 | transportation of weapons
that meet one of the following | ||||||
23 | conditions:
| ||||||
24 | (i) are broken down in a non-functioning state; or
| ||||||
25 | (ii) are not immediately accessible; or
| ||||||
26 | (iii) are unloaded and enclosed in a case, firearm |
| |||||||
| |||||||
1 | carrying box,
shipping box, or other container by a | ||||||
2 | person who is not otherwise prohibited from owning or | ||||||
3 | possessing a firearm under State or federal law has | ||||||
4 | been issued a currently
valid Firearm Owner's
| ||||||
5 | Identification Card ; or
| ||||||
6 | (5) Sets a spring gun; or
| ||||||
7 | (6) Possesses any device or attachment of any kind | ||||||
8 | designed, used or
intended for use in silencing the report | ||||||
9 | of any firearm; or
| ||||||
10 | (7) Sells, manufactures, purchases, possesses or | ||||||
11 | carries:
| ||||||
12 | (i) a machine gun, which shall be defined for the | ||||||
13 | purposes of this
subsection as any weapon,
which | ||||||
14 | shoots, is designed to shoot, or can be readily | ||||||
15 | restored to shoot,
automatically more than one shot | ||||||
16 | without manually reloading by a single
function of the | ||||||
17 | trigger, including the frame or receiver
of any such | ||||||
18 | weapon, or sells, manufactures, purchases, possesses, | ||||||
19 | or
carries any combination of parts designed or | ||||||
20 | intended for
use in converting any weapon into a | ||||||
21 | machine gun, or any combination or
parts from which a | ||||||
22 | machine gun can be assembled if such parts are in the
| ||||||
23 | possession or under the control of a person;
| ||||||
24 | (ii) any rifle having one or
more barrels less than | ||||||
25 | 16 inches in length or a shotgun having one or more
| ||||||
26 | barrels less than 18 inches in length or any weapon |
| |||||||
| |||||||
1 | made from a rifle or
shotgun, whether by alteration, | ||||||
2 | modification, or otherwise, if such a weapon
as | ||||||
3 | modified has an overall length of less than 26 inches; | ||||||
4 | or
| ||||||
5 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
6 | other container containing an
explosive substance of | ||||||
7 | over one-quarter ounce for like purposes, such
as, but | ||||||
8 | not limited to, black powder bombs and Molotov | ||||||
9 | cocktails or
artillery projectiles; or
| ||||||
10 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
11 | or other
deadly weapon in any place which is licensed to | ||||||
12 | sell intoxicating
beverages for consumption on the | ||||||
13 | premises , or at any public gathering held pursuant to a | ||||||
14 | license issued
by any governmental body or any public | ||||||
15 | gathering at which an admission
is charged, excluding a | ||||||
16 | place where a showing, demonstration or lecture
involving | ||||||
17 | the exhibition of unloaded firearms is conducted .
| ||||||
18 | This subsection (a)(8) does not apply to any auction or | ||||||
19 | raffle of a firearm
held pursuant to
a license or permit | ||||||
20 | issued by a governmental body, nor does it apply to persons
| ||||||
21 | engaged
in firearm safety training courses or acting in | ||||||
22 | accordance with the Family and Personal Protection Act ; or
| ||||||
23 | (9) Carries or possesses in a vehicle or on or about | ||||||
24 | his person any
pistol, revolver, stun gun or taser or | ||||||
25 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
26 | masked in such manner as to conceal his identity; or
|
| |||||||
| |||||||
1 | (10) Carries or possesses on or about his person, upon | ||||||
2 | any public street,
alley, or other public lands within the | ||||||
3 | corporate limits of a city, village
or incorporated town, | ||||||
4 | except when an invitee thereon or therein, for the
purpose | ||||||
5 | of the display of such weapon or the lawful commerce in | ||||||
6 | weapons, or
except when on his land or in his own abode, | ||||||
7 | legal dwelling, or fixed place of business, or on the land | ||||||
8 | or in the legal dwelling of another person as an invitee | ||||||
9 | with that person's permission, any
pistol, revolver, stun | ||||||
10 | gun or taser or other firearm, except that this
subsection | ||||||
11 | (a) (10) does not apply to or affect transportation of | ||||||
12 | weapons that
meet one of the following conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who is not otherwise prohibited from owning or | ||||||
18 | possessing a firearm under State or federal law has | ||||||
19 | been issued a currently
valid Firearm Owner's
| ||||||
20 | Identification Card .
| ||||||
21 | A "stun gun or taser", as used in this paragraph (a) | ||||||
22 | means (i) any device
which is powered by electrical | ||||||
23 | charging units, such as, batteries, and
which fires one or | ||||||
24 | several barbs attached to a length of wire and
which, upon | ||||||
25 | hitting a human, can send out a current capable of | ||||||
26 | disrupting
the person's nervous system in such a manner as |
| |||||||
| |||||||
1 | to render him incapable of
normal functioning or (ii) any | ||||||
2 | device which is powered by electrical
charging units, such | ||||||
3 | as batteries, and which, upon contact with a human or
| ||||||
4 | clothing worn by a human, can send out current capable of | ||||||
5 | disrupting
the person's nervous system in such a manner as | ||||||
6 | to render him incapable
of normal functioning; or
| ||||||
7 | (11) Sells, manufactures or purchases any explosive | ||||||
8 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
9 | bullet" means the projectile portion of
an ammunition | ||||||
10 | cartridge which contains or carries an explosive charge | ||||||
11 | which
will explode upon contact with the flesh of a human | ||||||
12 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
13 | a projectile affixed at the
front thereof and a cap or | ||||||
14 | primer at the rear end thereof, with the
propellant | ||||||
15 | contained in such tube between the projectile and the cap; | ||||||
16 | or
| ||||||
17 | (12) (Blank); or
| ||||||
18 | (13) Carries or possesses on or about his or her person | ||||||
19 | while in a building occupied by a unit of government, a | ||||||
20 | billy club, other weapon of like character, or other | ||||||
21 | instrument of like character intended for use as a weapon. | ||||||
22 | For the purposes of this Section, "billy club" means a | ||||||
23 | short stick or club commonly carried by police officers | ||||||
24 | which is either telescopic or constructed of a solid piece | ||||||
25 | of wood or other man-made material. | ||||||
26 | (b) Sentence. A person convicted of a violation of |
| |||||||
| |||||||
1 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
2 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
3 | Class A
misdemeanor. A person convicted of a violation | ||||||
4 | subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible | ||||||
5 | to obtain a license under the Family and Personal Protection | ||||||
6 | Act except for the completion of Section 250-85 of the Act is | ||||||
7 | guilty of a Class C misdemeanor.
A person convicted of a | ||||||
8 | violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
| ||||||
9 | Class 4 felony; a person
convicted of a violation of subsection | ||||||
10 | 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. | ||||||
11 | A person convicted of a violation of subsection
24-1(a)(7)(i) | ||||||
12 | commits a Class 2 felony and shall be sentenced to a term of | ||||||
13 | imprisonment of not less than 3 years and not more than 7 | ||||||
14 | years, unless the weapon is possessed in the
passenger | ||||||
15 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
16 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
17 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
18 | convicted of a
second or subsequent violation of subsection | ||||||
19 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
20 | Class 3 felony. The possession of each weapon in violation of | ||||||
21 | this Section constitutes a single and separate violation.
| ||||||
22 | (c) Violations in specific places.
| ||||||
23 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
24 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
25 | the time of year, in residential
property owned, operated | ||||||
26 | or managed by a public housing agency or
leased by
a public |
| |||||||
| |||||||
1 | housing agency as part of a scattered site or mixed-income
| ||||||
2 | development, in a
public park, in a courthouse, on the real | ||||||
3 | property comprising any school,
regardless of the
time of | ||||||
4 | day or the time of year, on residential property owned, | ||||||
5 | operated
or
managed by a public housing agency
or leased by | ||||||
6 | a public housing agency as part of a scattered site or
| ||||||
7 | mixed-income development,
on the real property comprising | ||||||
8 | any
public park, on the real property comprising any | ||||||
9 | courthouse, in any conveyance
owned, leased or contracted | ||||||
10 | by a school to
transport students to or from school or a | ||||||
11 | school related activity, in any conveyance
owned, leased, | ||||||
12 | or contracted by a public transportation agency, or on any
| ||||||
13 | public way within 1,000 feet of the real property | ||||||
14 | comprising any school,
public park, courthouse, public | ||||||
15 | transportation facility, or residential property owned, | ||||||
16 | operated, or managed
by a public housing agency
or leased | ||||||
17 | by a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development
commits a Class 2 felony and shall | ||||||
19 | be sentenced to a term of imprisonment of not less than 3 | ||||||
20 | years and not more than 7 years.
| ||||||
21 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
22 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
23 | time of day or the time of year,
in residential property | ||||||
24 | owned, operated, or managed by a public
housing
agency
or | ||||||
25 | leased by a public housing agency as part of a scattered | ||||||
26 | site or
mixed-income development,
in
a public
park, in a |
| |||||||
| |||||||
1 | courthouse, on the real property comprising any school, | ||||||
2 | regardless
of the time of day or the time of year, on | ||||||
3 | residential property owned,
operated, or managed by a | ||||||
4 | public housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development,
on | ||||||
6 | the real property
comprising any public park, on the real | ||||||
7 | property comprising any courthouse, in
any conveyance | ||||||
8 | owned, leased, or contracted by a school to transport | ||||||
9 | students
to or from school or a school related activity, in | ||||||
10 | any conveyance
owned, leased, or contracted by a public | ||||||
11 | transportation agency, or on any public way within
1,000 | ||||||
12 | feet of the real property comprising any school, public | ||||||
13 | park, courthouse,
public transportation facility, or | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency
or leased by a public housing agency | ||||||
16 | as part of a scattered site or
mixed-income development
| ||||||
17 | commits a Class 3 felony.
| ||||||
18 | (2) A person who violates subsection 24-1(a)(1), | ||||||
19 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
20 | time of day or the time of year, in
residential property | ||||||
21 | owned, operated or managed by a public housing
agency
or | ||||||
22 | leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development,
in
a public park, in a | ||||||
24 | courthouse, on the real property comprising any school,
| ||||||
25 | regardless of the time of day or the time of year, on | ||||||
26 | residential property
owned, operated or managed by a public |
| |||||||
| |||||||
1 | housing agency
or leased by a public housing agency as part | ||||||
2 | of a scattered site or
mixed-income development,
on the | ||||||
3 | real property
comprising any public park, on the real | ||||||
4 | property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, in | ||||||
7 | any conveyance
owned, leased, or contracted by a public | ||||||
8 | transportation agency, or on any public way within
1,000 | ||||||
9 | feet of the real property comprising any school, public | ||||||
10 | park, courthouse,
public transportation facility, or | ||||||
11 | residential property owned, operated, or managed by a | ||||||
12 | public
housing agency or leased by a public housing agency | ||||||
13 | as part of a scattered
site or mixed-income development | ||||||
14 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
15 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
16 | this State for the conduct of official business.
| ||||||
17 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
18 | (c) shall not
apply to law
enforcement officers or security | ||||||
19 | officers of such school, college, or
university or to | ||||||
20 | students carrying or possessing firearms for use in | ||||||
21 | training
courses, parades, hunting, target shooting on | ||||||
22 | school ranges, or otherwise with
the consent of school | ||||||
23 | authorities and which firearms are transported unloaded
| ||||||
24 | enclosed in a suitable case, box, or transportation | ||||||
25 | package.
| ||||||
26 | (4) For the purposes of this subsection (c), "school" |
| |||||||
| |||||||
1 | means any public or
private elementary or secondary school, | ||||||
2 | community college, college, or
university.
| ||||||
3 | (5) For the purposes of this subsection (c), "public | ||||||
4 | transportation agency" means a public or private agency | ||||||
5 | that provides for the transportation or conveyance of
| ||||||
6 | persons by means available to the general public, except | ||||||
7 | for transportation
by automobiles not used for conveyance | ||||||
8 | of the general public as passengers; and "public | ||||||
9 | transportation facility" means a terminal or other place
| ||||||
10 | where one may obtain public transportation.
| ||||||
11 | (d) The presence in an automobile other than a public | ||||||
12 | omnibus of any
weapon, instrument or substance referred to in | ||||||
13 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
14 | possession of, and is being
carried by, all persons occupying | ||||||
15 | such automobile at the time such
weapon, instrument or | ||||||
16 | substance is found, except under the following
circumstances: | ||||||
17 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
18 | the person of one of the occupants therein; or (ii) if such
| ||||||
19 | weapon, instrument or substance is found in an automobile | ||||||
20 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
21 | and proper pursuit of
his trade, then such presumption shall | ||||||
22 | not apply to the driver.
| ||||||
23 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
24 | Underwater
Spearguns are exempted from the definition of | ||||||
25 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
26 | of this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
2 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
3 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
4 | (720 ILCS 5/24-1.6) | ||||||
5 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
6 | (a) A person commits the offense of aggravated unlawful use | ||||||
7 | of a weapon when
he or she knowingly: | ||||||
8 | (1) Carries on or about his or her person or in any | ||||||
9 | vehicle or concealed
on or about his or her person except | ||||||
10 | when on his or her land or in his or her
abode, legal | ||||||
11 | dwelling, or fixed place of business, or on the land or in | ||||||
12 | the legal dwelling of another person as an invitee with | ||||||
13 | that person's permission, any pistol, revolver, stun gun or | ||||||
14 | taser or
other firearm; or | ||||||
15 | (2) Carries or possesses on or about his or her person, | ||||||
16 | upon any public
street, alley, or other public lands within | ||||||
17 | the corporate limits of a city,
village or incorporated | ||||||
18 | town, except when an invitee thereon or therein, for
the | ||||||
19 | purpose of the display of such weapon or the lawful | ||||||
20 | commerce in weapons, or
except when on his or her own land | ||||||
21 | or in his or her own abode, legal dwelling, or fixed place | ||||||
22 | of
business, or on the land or in the legal dwelling of | ||||||
23 | another person as an invitee with that person's permission, | ||||||
24 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
25 | and |
| |||||||
| |||||||
1 | (3) One of the following factors is present: | ||||||
2 | (A) the firearm possessed was uncased, loaded and | ||||||
3 | immediately accessible
at the time of the offense; or | ||||||
4 | (B) the firearm possessed was uncased, unloaded | ||||||
5 | and the ammunition for
the weapon was immediately | ||||||
6 | accessible at the time of the offense; or | ||||||
7 | (C) the person possessing the firearm has not been | ||||||
8 | issued a currently
valid Firearm Owner's | ||||||
9 | Identification Card; or | ||||||
10 | (D) the person possessing the weapon was | ||||||
11 | previously adjudicated
a delinquent minor under the | ||||||
12 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
13 | by an adult would be a felony; or | ||||||
14 | (E) the person possessing the weapon was engaged in | ||||||
15 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
16 | a misdemeanor violation of the Illinois Controlled | ||||||
17 | Substances
Act, or in a misdemeanor violation of the | ||||||
18 | Methamphetamine Control and Community Protection Act; | ||||||
19 | or | ||||||
20 | (F) (blank); or | ||||||
21 | (G) the person possessing the weapon had a order of | ||||||
22 | protection issued
against him or her within the | ||||||
23 | previous 2 years; or | ||||||
24 | (H) the person possessing the weapon was engaged in | ||||||
25 | the commission or
attempted commission of
a | ||||||
26 | misdemeanor involving the use or threat of violence |
| |||||||
| |||||||
1 | against
the person or property of another; or | ||||||
2 | (I) the person possessing the weapon was under 21 | ||||||
3 | years of age and in
possession of a handgun as defined | ||||||
4 | in Section 24-3, unless the person under 21
is engaged | ||||||
5 | in lawful activities under the Wildlife Code or | ||||||
6 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
7 | 24-2(f). | ||||||
8 | (b) "Stun gun or taser" as used in this Section has the | ||||||
9 | same definition
given to it in Section 24-1 of this Code. | ||||||
10 | (c) This Section does not apply to or affect the | ||||||
11 | transportation or
possession
of weapons that: | ||||||
12 | (i) are broken down in a non-functioning state; or | ||||||
13 | (ii) are not immediately accessible; or | ||||||
14 | (iii) are unloaded and enclosed in a case, firearm | ||||||
15 | carrying box,
shipping box, or other container by a | ||||||
16 | person who is not prohibited from owning or possessing | ||||||
17 | a firearm under State or federal law by a person who | ||||||
18 | has been issued a currently
valid Firearm Owner's
| ||||||
19 | Identification Card . | ||||||
20 | (d) Sentence. | ||||||
21 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
22 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
23 | for which the person shall be sentenced to a term of | ||||||
24 | imprisonment of not less than 3 years and not more than 7 | ||||||
25 | years. | ||||||
26 | (2) Except as otherwise provided in paragraphs (3) and |
| |||||||
| |||||||
1 | (4) of this subsection (d), a first offense of aggravated | ||||||
2 | unlawful use of a weapon committed with a firearm by a | ||||||
3 | person 18 years of age or older where the factors listed in | ||||||
4 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
5 | are present is a Class 4 felony, for which the person shall | ||||||
6 | be sentenced to a term of imprisonment of not less than one | ||||||
7 | year and not more than 3 years. | ||||||
8 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
9 | has been previously
convicted of a felony in this State or | ||||||
10 | another jurisdiction is a Class 2
felony for which the | ||||||
11 | person shall be sentenced to a term of imprisonment of not | ||||||
12 | less than 3 years and not more than 7 years. | ||||||
13 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
14 | or in possession of body armor as defined in Section 33F-1 | ||||||
15 | by a person who has not been issued a valid Firearms | ||||||
16 | Owner's Identification Card in accordance with Section 5 of | ||||||
17 | the Firearm Owners Identification Card Act is a Class X | ||||||
18 | felony.
| ||||||
19 | (e) The possession of each firearm in violation of this | ||||||
20 | Section constitutes a single and separate violation. | ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
22 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| ||||||
23 | (720 ILCS 5/24-2)
| ||||||
24 | Sec. 24-2. Exemptions.
| ||||||
25 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| |||||||
| |||||||
1 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
2 | the following:
| ||||||
3 | (1) Peace officers, and any person summoned by a peace | ||||||
4 | officer to
assist in making arrests or preserving the | ||||||
5 | peace, while actually engaged in
assisting such officer.
| ||||||
6 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
7 | penitentiaries, jails and other institutions for the | ||||||
8 | detention of persons
accused or convicted of an offense, | ||||||
9 | while in the performance of their
official duty, or while | ||||||
10 | commuting between their homes and places of employment.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard or the | ||||||
13 | Reserve Officers Training Corps,
while in the performance | ||||||
14 | of their official duty.
| ||||||
15 | (4) Special agents employed by a railroad or a public | ||||||
16 | utility to
perform police functions, and guards of armored | ||||||
17 | car companies, while
actually engaged in the performance of | ||||||
18 | the duties of their employment or
commuting between their | ||||||
19 | homes and places of employment; and watchmen
while actually | ||||||
20 | engaged in the performance of the duties of their | ||||||
21 | employment.
| ||||||
22 | (5) Persons licensed as private security contractors, | ||||||
23 | private
detectives, or private alarm contractors, or | ||||||
24 | employed by an agency
certified by the Department of | ||||||
25 | Financial and Professional Regulation, if their duties
| ||||||
26 | include the carrying of a weapon under the provisions of |
| |||||||
| |||||||
1 | the Private
Detective, Private Alarm,
Private Security, | ||||||
2 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
3 | actually
engaged in the performance of the duties of their | ||||||
4 | employment or commuting
between their homes and places of | ||||||
5 | employment, provided that such commuting
is accomplished | ||||||
6 | within one hour from departure from home or place of
| ||||||
7 | employment, as the case may be. A person shall be | ||||||
8 | considered eligible for this
exemption if he or she has | ||||||
9 | completed the required 20
hours of training for a private | ||||||
10 | security contractor, private
detective, or private alarm | ||||||
11 | contractor, or employee of a licensed agency and 20 hours | ||||||
12 | of required firearm
training, and has been issued a firearm | ||||||
13 | control card by
the Department of Financial and | ||||||
14 | Professional Regulation. Conditions for the renewal of
| ||||||
15 | firearm control cards issued under the provisions of this | ||||||
16 | Section
shall be the same as for those cards issued under | ||||||
17 | the provisions of the
Private Detective, Private Alarm,
| ||||||
18 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
19 | 2004. The
firearm control card shall be carried by the | ||||||
20 | private security contractor, private
detective, or private | ||||||
21 | alarm contractor, or employee of the licensed agency at all
| ||||||
22 | times when he or she is in possession of a concealable | ||||||
23 | weapon.
| ||||||
24 | (6) Any person regularly employed in a commercial or | ||||||
25 | industrial
operation as a security guard for the protection | ||||||
26 | of persons employed
and private property related to such |
| |||||||
| |||||||
1 | commercial or industrial
operation, while actually engaged | ||||||
2 | in the performance of his or her
duty or traveling between | ||||||
3 | sites or properties belonging to the
employer, and who, as | ||||||
4 | a security guard, is a member of a security force of
at | ||||||
5 | least 5 persons registered with the Department of Financial | ||||||
6 | and Professional
Regulation; provided that such security | ||||||
7 | guard has successfully completed a
course of study, | ||||||
8 | approved by and supervised by the Department of
Financial | ||||||
9 | and Professional Regulation, consisting of not less than 40 | ||||||
10 | hours of training
that includes the theory of law | ||||||
11 | enforcement, liability for acts, and the
handling of | ||||||
12 | weapons. A person shall be considered eligible for this
| ||||||
13 | exemption if he or she has completed the required 20
hours | ||||||
14 | of training for a security officer and 20 hours of required | ||||||
15 | firearm
training, and has been issued a firearm control | ||||||
16 | card by
the Department of Financial and Professional | ||||||
17 | Regulation. Conditions for the renewal of
firearm control | ||||||
18 | cards issued under the provisions of this Section
shall be | ||||||
19 | the same as for those cards issued under the provisions of | ||||||
20 | the
Private Detective, Private Alarm,
Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
22 | control card shall be carried by the security guard at all
| ||||||
23 | times when he or she is in possession of a concealable | ||||||
24 | weapon.
| ||||||
25 | (7) Agents and investigators of the Illinois | ||||||
26 | Legislative Investigating
Commission authorized by the |
| |||||||
| |||||||
1 | Commission to carry the weapons specified in
subsections | ||||||
2 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
3 | any investigation for the Commission.
| ||||||
4 | (8) Persons employed by a financial institution for the | ||||||
5 | protection of
other employees and property related to such | ||||||
6 | financial institution, while
actually engaged in the | ||||||
7 | performance of their duties, commuting between
their homes | ||||||
8 | and places of employment, or traveling between sites or
| ||||||
9 | properties owned or operated by such financial | ||||||
10 | institution, provided that
any person so employed has | ||||||
11 | successfully completed a course of study,
approved by and | ||||||
12 | supervised by the Department of Financial and Professional | ||||||
13 | Regulation,
consisting of not less than 40 hours of | ||||||
14 | training which includes theory of
law enforcement, | ||||||
15 | liability for acts, and the handling of weapons.
A person | ||||||
16 | shall be considered to be eligible for this exemption if he | ||||||
17 | or
she has completed the required 20 hours of training for | ||||||
18 | a security officer
and 20 hours of required firearm | ||||||
19 | training, and has been issued a
firearm control card by the | ||||||
20 | Department of Financial and Professional Regulation.
| ||||||
21 | Conditions for renewal of firearm control cards issued | ||||||
22 | under the
provisions of this Section shall be the same as | ||||||
23 | for those issued under the
provisions of the Private | ||||||
24 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
25 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
26 | card shall be carried by the person so
trained at all times |
| |||||||
| |||||||
1 | when such person is in possession of a concealable
weapon. | ||||||
2 | For purposes of this subsection, "financial institution" | ||||||
3 | means a
bank, savings and loan association, credit union or | ||||||
4 | company providing
armored car services.
| ||||||
5 | (9) Any person employed by an armored car company to | ||||||
6 | drive an armored
car, while actually engaged in the | ||||||
7 | performance of his duties.
| ||||||
8 | (10) Persons who have been classified as peace officers | ||||||
9 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
10 | (11) Investigators of the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
12 | governors of the Office of the
State's Attorneys Appellate | ||||||
13 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
14 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
15 | (12) Special investigators appointed by a State's | ||||||
16 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
17 | (12.5) Probation officers while in the performance of | ||||||
18 | their duties, or
while commuting between their homes, | ||||||
19 | places of employment or specific locations
that are part of | ||||||
20 | their assigned duties, with the consent of the chief judge | ||||||
21 | of
the circuit for which they are employed.
| ||||||
22 | (13) Court Security Officers while in the performance | ||||||
23 | of their official
duties, or while commuting between their | ||||||
24 | homes and places of employment, with
the
consent of the | ||||||
25 | Sheriff.
| ||||||
26 | (13.5) A person employed as an armed security guard at |
| |||||||
| |||||||
1 | a nuclear energy,
storage, weapons or development site or | ||||||
2 | facility regulated by the Nuclear
Regulatory Commission | ||||||
3 | who has completed the background screening and training
| ||||||
4 | mandated by the rules and regulations of the Nuclear | ||||||
5 | Regulatory Commission.
| ||||||
6 | (14) Manufacture, transportation, or sale of weapons | ||||||
7 | to
persons
authorized under subdivisions (1) through | ||||||
8 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
9 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
10 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
11 | (1) Members of any club or organization organized for | ||||||
12 | the purpose of
practicing shooting at targets upon | ||||||
13 | established target ranges, whether
public or private, and | ||||||
14 | patrons of such ranges, while such members
or patrons are | ||||||
15 | using their firearms on those target ranges.
| ||||||
16 | (2) Duly authorized military or civil organizations | ||||||
17 | while parading,
with the special permission of the | ||||||
18 | Governor.
| ||||||
19 | (3) Hunters, trappers or fishermen with a license or
| ||||||
20 | permit while engaged in hunting,
trapping or fishing.
| ||||||
21 | (4) Transportation of weapons that are broken down in a
| ||||||
22 | non-functioning state or are not immediately accessible.
| ||||||
23 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
24 | gun or taser or other firearm on the land or in the legal | ||||||
25 | dwelling of another person as an invitee with that person's | ||||||
26 | permission. |
| |||||||
| |||||||
1 | (6) A licensee under the Family and Personal Protection | ||||||
2 | Act, notwithstanding Section 250-70 of that Act, if the | ||||||
3 | licensee meets the requirements of the Family and Personal | ||||||
4 | Protection Act. | ||||||
5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
6 | of the
following:
| ||||||
7 | (1) Peace officers while in performance of their | ||||||
8 | official duties.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
10 | penitentiaries,
jails and other institutions for the | ||||||
11 | detention of persons accused or
convicted of an offense.
| ||||||
12 | (3) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United States
or the Illinois National Guard, while in | ||||||
14 | the performance of their official
duty.
| ||||||
15 | (4) Manufacture, transportation, or sale of machine | ||||||
16 | guns to persons
authorized under subdivisions (1) through | ||||||
17 | (3) of this subsection to
possess machine guns, if the | ||||||
18 | machine guns are broken down in a
non-functioning state or | ||||||
19 | are not immediately accessible.
| ||||||
20 | (5) Persons licensed under federal law to manufacture | ||||||
21 | any weapon from
which 8 or more shots or bullets can be | ||||||
22 | discharged by a
single function of the firing device, or | ||||||
23 | ammunition for such weapons, and
actually engaged in the | ||||||
24 | business of manufacturing such weapons or
ammunition, but | ||||||
25 | only with respect to activities which are within the lawful
| ||||||
26 | scope of such business, such as the manufacture, |
| |||||||
| |||||||
1 | transportation, or testing
of such weapons or ammunition. | ||||||
2 | This exemption does not authorize the
general private | ||||||
3 | possession of any weapon from which 8 or more
shots or | ||||||
4 | bullets can be discharged by a single function of the | ||||||
5 | firing
device, but only such possession and activities as | ||||||
6 | are within the lawful
scope of a licensed manufacturing | ||||||
7 | business described in this paragraph.
| ||||||
8 | During transportation, such weapons shall be broken | ||||||
9 | down in a
non-functioning state or not immediately | ||||||
10 | accessible.
| ||||||
11 | (6) The manufacture, transport, testing, delivery, | ||||||
12 | transfer or sale,
and all lawful commercial or experimental | ||||||
13 | activities necessary thereto, of
rifles, shotguns, and | ||||||
14 | weapons made from rifles or shotguns,
or ammunition for | ||||||
15 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
16 | person operating as a contractor or subcontractor pursuant | ||||||
17 | to a
contract or subcontract for the development and supply | ||||||
18 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
19 | United States government or any
branch of the Armed Forces | ||||||
20 | of the United States, when such activities are
necessary | ||||||
21 | and incident to fulfilling the terms of such contract.
| ||||||
22 | The exemption granted under this subdivision (c)(6)
| ||||||
23 | shall also apply to any authorized agent of any such | ||||||
24 | contractor or
subcontractor who is operating within the | ||||||
25 | scope of his employment, where
such activities involving | ||||||
26 | such weapon, weapons or ammunition are necessary
and |
| |||||||
| |||||||
1 | incident to fulfilling the terms of such contract.
| ||||||
2 | During transportation, any such weapon shall be broken | ||||||
3 | down in a
non-functioning state, or not immediately | ||||||
4 | accessible.
| ||||||
5 | (7) A person possessing a rifle with a barrel or | ||||||
6 | barrels less than 16 inches in length if: (A) the person | ||||||
7 | has been issued a Curios and Relics license from the U.S. | ||||||
8 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
9 | the person is an active member of a bona fide, nationally | ||||||
10 | recognized military re-enacting group and the modification | ||||||
11 | is required and necessary to accurately portray the weapon | ||||||
12 | for historical re-enactment purposes; the re-enactor is in | ||||||
13 | possession of a valid and current re-enacting group | ||||||
14 | membership credential; and the overall length of the weapon | ||||||
15 | as modified is not less than 26 inches. | ||||||
16 | During transportation, any such weapon shall be broken | ||||||
17 | down in a
non-functioning state, or not immediately | ||||||
18 | accessible.
| ||||||
19 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
20 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
21 | officer.
| ||||||
22 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
23 | manager or
authorized employee of any place specified in that | ||||||
24 | subsection nor to any
law enforcement officer or a licensee | ||||||
25 | under the Family and Personal Protection Act, notwithstanding | ||||||
26 | Section 250-70 of that Act .
|
| |||||||
| |||||||
1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
| ||||||
6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
| ||||||
8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
| ||||||
11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordinance.
| ||||||
13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordinance.
| ||||||
16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply of | ||||||
19 | those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
| ||||||
21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
| ||||||
25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device or |
| |||||||
| |||||||
1 | attachment of any kind designed,
used, or intended for use in | ||||||
2 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
3 | for those firearms equipped with those devices, and actually | ||||||
4 | engaged in the
business of manufacturing those devices, | ||||||
5 | firearms, or ammunition, but only with
respect to
activities | ||||||
6 | that are within the lawful scope of that business, such as the
| ||||||
7 | manufacture, transportation, or testing of those devices, | ||||||
8 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
9 | general private possession of any device or
attachment of any | ||||||
10 | kind designed, used, or intended for use in silencing the
| ||||||
11 | report of any firearm, but only such possession and activities | ||||||
12 | as are within
the
lawful scope of a licensed manufacturing | ||||||
13 | business described in this subsection
(g-5). During | ||||||
14 | transportation, these devices shall be detached from any weapon
| ||||||
15 | or
not immediately accessible.
| ||||||
16 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
18 | supervisor who meets the qualifications and conditions | ||||||
19 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
20 | Corrections. | ||||||
21 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
22 | officer while serving as a member of a tactical response team | ||||||
23 | or special operations team. A peace officer may not personally | ||||||
24 | own or apply for ownership of a device or attachment of any | ||||||
25 | kind designed, used, or intended for use in silencing the | ||||||
26 | report of any firearm. These devices shall be owned and |
| |||||||
| |||||||
1 | maintained by lawfully recognized units of government whose | ||||||
2 | duties include the investigation of criminal acts. | ||||||
3 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
4 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
5 | athlete's possession, transport on official Olympic and | ||||||
6 | Paralympic transit systems established for athletes, or use of | ||||||
7 | competition firearms sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting in | ||||||
10 | connection with such athlete's training for and participation | ||||||
11 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
12 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
13 | and Paralympic Games. | ||||||
14 | (h) An information or indictment based upon a violation of | ||||||
15 | any
subsection of this Article need not negative any exemptions | ||||||
16 | contained in
this Article. The defendant shall have the burden | ||||||
17 | of proving such an
exemption.
| ||||||
18 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
19 | affect
the transportation, carrying, or possession, of any | ||||||
20 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
21 | to a common carrier operating
under license of the State of | ||||||
22 | Illinois or the federal government, where
such transportation, | ||||||
23 | carrying, or possession is incident to the lawful
| ||||||
24 | transportation in which such common carrier is engaged; and | ||||||
25 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
26 | transportation, carrying,
or possession of any pistol, |
| |||||||
| |||||||
1 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
2 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
3 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
4 | carrying box, shipping box, or other container, by the | ||||||
5 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
6 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
7 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
8 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||
9 | revised 8-23-12.) | ||||||
10 | Section 800. The Freedom of Information Act is amended by | ||||||
11 | changing Section 7.5 as follows: | ||||||
12 | (5 ILCS 140/7.5) | ||||||
13 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
14 | by the statutes referenced below, the following shall be exempt | ||||||
15 | from inspection and copying: | ||||||
16 | (a) All information determined to be confidential under | ||||||
17 | Section 4002 of the Technology Advancement and Development Act. | ||||||
18 | (b) Library circulation and order records identifying | ||||||
19 | library users with specific materials under the Library Records | ||||||
20 | Confidentiality Act. | ||||||
21 | (c) Applications, related documents, and medical records | ||||||
22 | received by the Experimental Organ Transplantation Procedures | ||||||
23 | Board and any and all documents or other records prepared by | ||||||
24 | the Experimental Organ Transplantation Procedures Board or its |
| |||||||
| |||||||
1 | staff relating to applications it has received. | ||||||
2 | (d) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives relating to | ||||||
4 | known or suspected cases of sexually transmissible disease or | ||||||
5 | any information the disclosure of which is restricted under the | ||||||
6 | Illinois Sexually Transmissible Disease Control Act. | ||||||
7 | (e) Information the disclosure of which is exempted under | ||||||
8 | Section 30 of the Radon Industry Licensing Act. | ||||||
9 | (f) Firm performance evaluations under Section 55 of the | ||||||
10 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
11 | Based Selection Act. | ||||||
12 | (g) Information the disclosure of which is restricted and | ||||||
13 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
14 | (h) Information the disclosure of which is exempted under | ||||||
15 | the State Officials and Employees Ethics Act, and records of | ||||||
16 | any lawfully created State or local inspector general's office | ||||||
17 | that would be exempt if created or obtained by an Executive | ||||||
18 | Inspector General's office under that Act. | ||||||
19 | (i) Information contained in a local emergency energy plan | ||||||
20 | submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under Section | ||||||
22 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution of | ||||||
24 | surcharge moneys collected and remitted by wireless carriers | ||||||
25 | under the Wireless Emergency Telephone Safety Act. | ||||||
26 | (k) Law enforcement officer identification information or |
| |||||||
| |||||||
1 | driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation under | ||||||
3 | Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death review | ||||||
6 | team or the Executive Council under the Abuse Prevention Review | ||||||
7 | Team Act. | ||||||
8 | (m) Information provided to the predatory lending database | ||||||
9 | created pursuant to Article 3 of the Residential Real Property | ||||||
10 | Disclosure Act, except to the extent authorized under that | ||||||
11 | Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial counsel as | ||||||
14 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
15 | Litigation Act. This subsection (n) shall apply until the | ||||||
16 | conclusion of the trial of the case, even if the prosecution | ||||||
17 | chooses not to pursue the death penalty prior to trial or | ||||||
18 | sentencing. | ||||||
19 | (o) Information that is prohibited from being disclosed | ||||||
20 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
21 | Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Regional Transportation Authority under Section 2.11 of the | ||||||
26 | Regional Transportation Authority Act or the St. Clair County |
| |||||||
| |||||||
1 | Transit District under the Bi-State Transit Safety Act. | ||||||
2 | (q) Information prohibited from being disclosed by the | ||||||
3 | Personnel Records Review Act. | ||||||
4 | (r) Information prohibited from being disclosed by the | ||||||
5 | Illinois School Student Records Act. | ||||||
6 | (s) Information the disclosure of which is restricted under | ||||||
7 | Section 5-108 of the Public Utilities Act.
| ||||||
8 | (t) All identified or deidentified health information in | ||||||
9 | the form of health data or medical records contained in, stored | ||||||
10 | in, submitted to, transferred by, or released from the Illinois | ||||||
11 | Health Information Exchange, and identified or deidentified | ||||||
12 | health information in the form of health data and medical | ||||||
13 | records of the Illinois Health Information Exchange in the | ||||||
14 | possession of the Illinois Health Information Exchange | ||||||
15 | Authority due to its administration of the Illinois Health | ||||||
16 | Information Exchange. The terms "identified" and | ||||||
17 | "deidentified" shall be given the same meaning as in the Health | ||||||
18 | Insurance Accountability and Portability Act of 1996, Public | ||||||
19 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
20 | regulations promulgated thereunder. | ||||||
21 | (u) Records and information provided to an independent team | ||||||
22 | of experts under Brian's Law. | ||||||
23 | (v) Names and information of people who have applied for or | ||||||
24 | received Firearm Owner's Identification Cards or Certificates | ||||||
25 | of Handgun Registration under the Firearm Owners | ||||||
26 | Identification Card Act and the Family and Personal Protection |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (w) Personally identifiable information which is exempted | ||||||
3 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
4 | Toll Highway Act. | ||||||
5 | (x) Information which is exempted from disclosure under | ||||||
6 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
7 | Illinois Municipal Code. | ||||||
8 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
9 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
10 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
11 | eff. 1-1-13.) | ||||||
12 | Section 801. The Department of State Police Law of the
| ||||||
13 | Civil Administrative Code of Illinois is amended by changing | ||||||
14 | Sections 2605-45 and 2605-120 as follows:
| ||||||
15 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
16 | Sec. 2605-45. Division of Administration. The Division of
| ||||||
17 | Administration shall exercise the
following functions:
| ||||||
18 | (1) Exercise the rights, powers, and duties vested in | ||||||
19 | the
Department
by the
Governor's Office of Management and | ||||||
20 | Budget Act.
| ||||||
21 | (2) Pursue research and the publication of studies | ||||||
22 | pertaining
to local
law enforcement activities.
| ||||||
23 | (3) Exercise the rights, powers, and duties vested in | ||||||
24 | the
Department
by the Personnel Code.
|
| |||||||
| |||||||
1 | (4) Operate an electronic data processing and computer | ||||||
2 | center
for the
storage and retrieval of data pertaining to | ||||||
3 | criminal activity.
| ||||||
4 | (5) Exercise the rights, powers, and duties vested in
| ||||||
5 | the former Division of
State Troopers by Section 17 of the | ||||||
6 | State Police
Act.
| ||||||
7 | (6) Exercise the rights, powers, and duties vested in
| ||||||
8 | the Department
by "An Act relating to internal auditing in | ||||||
9 | State government", approved
August 11, 1967 (repealed; now | ||||||
10 | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| ||||||
11 | (6.5) Exercise the rights, powers, and duties vested in | ||||||
12 | the Department
by the Firearm Owners Identification Card | ||||||
13 | Act and the Family and Personal Protection Act.
| ||||||
14 | (7) Exercise other duties that may be assigned
by the | ||||||
15 | Director to
fulfill the responsibilities and achieve the | ||||||
16 | purposes of the Department.
| ||||||
17 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
18 | (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
| ||||||
19 | Sec. 2605-120. Firearm Owners Identification Card Act and | ||||||
20 | the Family and Personal Protection Act. To
exercise the rights, | ||||||
21 | powers, and duties that have been vested
in the Department of | ||||||
22 | Public Safety by the Firearm Owners Identification
Card Act and | ||||||
23 | the Family and Personal Protection Act.
| ||||||
24 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
25 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
| |||||||
| |||||||
1 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
2 | Section 802. The Criminal Identification Act is amended by | ||||||
3 | changing Section 2.2 as follows: | ||||||
4 | (20 ILCS 2630/2.2) | ||||||
5 | Sec. 2.2. Notification to the Department. Upon judgment of | ||||||
6 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
7 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 when the
defendant has been determined, pursuant | ||||||
9 | to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
| ||||||
10 | to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | ||||||
11 | circuit court clerk shall
include notification and a copy of | ||||||
12 | the written determination in a report
of the conviction to the | ||||||
13 | Department of State Police Firearm Owner's Identification Card | ||||||
14 | Office to
enable the office to perform its duties under | ||||||
15 | Sections 4 and 8 of the Firearm Owners Identification Card Act | ||||||
16 | and Section 5 of the Family and Personal Protection Act and to | ||||||
17 | report that determination to the Federal Bureau
of | ||||||
18 | Investigation to assist the Bureau in identifying persons | ||||||
19 | prohibited
from purchasing and possessing a firearm pursuant to | ||||||
20 | the provisions of
18 U.S.C. 922. The written determination | ||||||
21 | described in this Section shall be included in the defendant's | ||||||
22 | record of arrest and conviction in the manner and form | ||||||
23 | prescribed by the Department of State Police.
| ||||||
24 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
| |||||||
| |||||||
1 | Section 803. The State Finance Act is amended by adding | ||||||
2 | Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows: | ||||||
3 | (30 ILCS 105/5.826 new) | ||||||
4 | Sec. 5.826. The Handgun Certificate Administration Fund. | ||||||
5 | (30 ILCS 105/5.827 new) | ||||||
6 | Sec. 5.827. The National Instant Criminal Background Check | ||||||
7 | System Improvement Fund. | ||||||
8 | (30 ILCS 105/5.828 new) | ||||||
9 | Sec. 5.828. The Illinois LEADS Information and Technology | ||||||
10 | Improvement Fund. | ||||||
11 | (30 ILCS 105/6z-98 new) | ||||||
12 | Sec. 6z-98. National Instant Criminal Background Check | ||||||
13 | System Improvement Fund. | ||||||
14 | (a) There is created in the State treasury a special fund | ||||||
15 | known as National Instant Criminal Background Check System | ||||||
16 | Improvement Fund. The Fund shall receive revenue under Section | ||||||
17 | 5 of the Family and Personal Protection Act. The Fund may also | ||||||
18 | receive revenue from grants, donations, appropriations, and | ||||||
19 | any other legal source. | ||||||
20 | (b) The Department of State Police shall use moneys in the | ||||||
21 | Fund to perform its duties and responsibilities under |
| |||||||
| |||||||
1 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
2 | Identification Card Act and Section 5 of the Family and | ||||||
3 | Personal Protection Act. | ||||||
4 | (c) Expenditures may be made from the Fund only as | ||||||
5 | appropriated by the General Assembly by law. | ||||||
6 | (d) Investment income that is attributable to the | ||||||
7 | investment of moneys in the Fund shall be retained in the Fund | ||||||
8 | for the uses specified in this Section. | ||||||
9 | (e) The Fund shall not be subject to administrative | ||||||
10 | chargebacks. | ||||||
11 | (30 ILCS 105/6z-99 new) | ||||||
12 | Sec. 6z-99. Illinois LEADS Information and Technology | ||||||
13 | Improvement Fund. | ||||||
14 | (a) There is created in the State treasury a special fund | ||||||
15 | known as the Illinois LEADS Information and Technology | ||||||
16 | Improvement Fund. The Fund shall receive revenue under Section | ||||||
17 | 5 of the Family and Personal Protection Act. The Fund may also | ||||||
18 | receive revenue from grants, donations, appropriations, and | ||||||
19 | any other legal source. | ||||||
20 | (b) The Department of State Police shall use the moneys in | ||||||
21 | the Fund to update and improve the technology used for the Law | ||||||
22 | Enforcement Agencies Data System (LEADS) system. The Fund shall | ||||||
23 | also be used to support the Department's responsibilities in | ||||||
24 | managing background checks and public safety record-keeping. | ||||||
25 | (c) Moneys in the Fund shall also be used to fund grants |
| |||||||
| |||||||
1 | made available to local law enforcement to support their | ||||||
2 | technological infrastructure. | ||||||
3 | (d) Expenditures may be made from the Fund only as | ||||||
4 | appropriated by the General Assembly by law. | ||||||
5 | (e) Investment income that is attributable to the | ||||||
6 | investment of moneys in the Fund shall be retained in the Fund | ||||||
7 | for the uses specified in this Section. | ||||||
8 | (f) The Fund shall not be subject to administrative | ||||||
9 | chargebacks. | ||||||
10 | Section 804. The Firearm Owners Identification Card Act is | ||||||
11 | amended by changing Sections 3 and 3.1 as follows: | ||||||
12 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
13 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
14 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
15 | firearm ammunition, stun gun, or taser to any person within | ||||||
16 | this State unless the
transferee with whom he deals displays a | ||||||
17 | currently valid Firearm Owner's
Identification Card which has | ||||||
18 | previously been issued in his name by the
Department of State | ||||||
19 | Police under the provisions of this Act. In addition,
all | ||||||
20 | firearm, stun gun, and taser transfers by federally licensed | ||||||
21 | firearm dealers are subject
to Section 3.1. In addition, the | ||||||
22 | transferor and transferee of a handgun shall be subject to | ||||||
23 | Section 5 of the Family and Personal Protection Act regardless | ||||||
24 | of whether the transferor is a federally licensed firearm |
| |||||||
| |||||||
1 | dealer. | ||||||
2 | (a-5) Any person who is not a federally licensed firearm | ||||||
3 | dealer and who desires to transfer or sell a firearm while that | ||||||
4 | person is on the grounds of a gun show must, before selling or | ||||||
5 | transferring the firearm, request the Department of State | ||||||
6 | Police to conduct a background check on the prospective | ||||||
7 | recipient of the firearm in accordance with Section 3.1.
| ||||||
8 | Whenever a person who is exempt from Section 5 of the Family | ||||||
9 | and Personal Protection Act transfers a handgun to a person who | ||||||
10 | is not exempt, the transferor shall notify the Department of | ||||||
11 | State Police of the transfer, on a form or in a manner | ||||||
12 | prescribed by the Department, within 10 days after the | ||||||
13 | transfer. | ||||||
14 | (b) Any person within this State who transfers or causes to | ||||||
15 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
16 | record of such transfer for a period
of 10 years from the date | ||||||
17 | of transfer. Such record shall contain the date
of the | ||||||
18 | transfer; the description, serial number or other information
| ||||||
19 | identifying the firearm, stun gun, or taser if no serial number | ||||||
20 | is available; and, if the
transfer was completed within this | ||||||
21 | State, the transferee's Firearm Owner's
Identification Card | ||||||
22 | number. On or after January 1, 2006, the record shall contain | ||||||
23 | the date of application for transfer of the firearm. On demand | ||||||
24 | of a peace officer such transferor
shall produce for inspection | ||||||
25 | such record of transfer. If the transfer or sale took place at | ||||||
26 | a gun show, the record shall include the unique identification |
| |||||||
| |||||||
1 | number. Failure to record the unique identification number is a | ||||||
2 | petty offense.
| ||||||
3 | (b-5) Any resident may purchase ammunition from a person | ||||||
4 | within or outside of Illinois if shipment is by United States | ||||||
5 | mail or by a private express carrier authorized by federal law | ||||||
6 | to ship ammunition. Any resident purchasing ammunition within | ||||||
7 | or outside the State of Illinois must provide the seller with a | ||||||
8 | copy of his or her valid Firearm Owner's Identification Card | ||||||
9 | and either his or her Illinois driver's license or Illinois | ||||||
10 | State Identification Card prior to the shipment of the | ||||||
11 | ammunition. The ammunition may be shipped only to an address on | ||||||
12 | either of those 2 documents. | ||||||
13 | (c) The provisions of this Section regarding the transfer | ||||||
14 | of firearm
ammunition shall not apply to those persons | ||||||
15 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
16 | (Source: P.A. 97-1135, eff. 12-4-12.)
| ||||||
17 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
18 | Sec. 3.1. Dial up system. | ||||||
19 | (a) The Department of State Police shall provide
a dial up | ||||||
20 | telephone system or utilize other existing technology which | ||||||
21 | shall be used by any federally licensed
firearm dealer, gun | ||||||
22 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
23 | stun gun, or taser under the provisions of this
Act. The | ||||||
24 | Department of State Police may utilize existing technology | ||||||
25 | which
allows the caller to be charged a fee not to exceed $2. |
| |||||||
| |||||||
1 | Fees collected by the Department of
State Police shall be | ||||||
2 | deposited in the State Police Services Fund and used
to provide | ||||||
3 | the service.
| ||||||
4 | (b) Upon receiving a request from a federally licensed | ||||||
5 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
6 | Department of State Police shall immediately approve, or within | ||||||
7 | the time
period established by Section 24-3 of the Criminal | ||||||
8 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
9 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
10 | show vendor of any objection that
would disqualify the | ||||||
11 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
12 | taser. In
conducting the inquiry, the Department of State | ||||||
13 | Police shall initiate and
complete an automated search of its | ||||||
14 | criminal history record information
files and those of the | ||||||
15 | Federal Bureau of Investigation, including the
National | ||||||
16 | Instant Criminal Background Check System, and of the files of
| ||||||
17 | the Department of Human Services relating to mental health and
| ||||||
18 | developmental disabilities to obtain
any felony conviction or | ||||||
19 | patient hospitalization information which would
disqualify a | ||||||
20 | person from obtaining or require revocation of a currently
| ||||||
21 | valid Firearm Owner's Identification Card. | ||||||
22 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
23 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
24 | Department of State Police shall: | ||||||
25 | (1) assign a unique identification number to the | ||||||
26 | transfer; and |
| |||||||
| |||||||
1 | (2) provide the licensee, gun show promoter, or gun | ||||||
2 | show vendor with the number. | ||||||
3 | (d) Approvals issued by the Department of State Police for | ||||||
4 | the purchase of a firearm are valid for 30 days from the date | ||||||
5 | of issue.
| ||||||
6 | (e) (1) The Department of State Police must act as the | ||||||
7 | Illinois Point of Contact
for the National Instant Criminal | ||||||
8 | Background Check System. | ||||||
9 | (2) The Department of State Police and the Department of | ||||||
10 | Human Services shall, in accordance with State and federal law | ||||||
11 | regarding confidentiality, enter into a memorandum of | ||||||
12 | understanding with the Federal Bureau of Investigation for the | ||||||
13 | purpose of implementing the National Instant Criminal | ||||||
14 | Background Check System in the State. The Department of State | ||||||
15 | Police shall report the name, date of birth, and physical | ||||||
16 | description of any person prohibited from possessing a firearm | ||||||
17 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
18 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
19 | Background Check System Index, Denied Persons Files.
The | ||||||
20 | Department of State Police shall implement a program to | ||||||
21 | distribute grant moneys, with funds appropriated for that | ||||||
22 | purpose, to units of local government to facilitate | ||||||
23 | participation in the National Instant Criminal Background | ||||||
24 | Check System by their enforcement agencies.
| ||||||
25 | (f) The Department of State Police shall promulgate rules | ||||||
26 | not inconsistent with this Section to implement this
system.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1150, eff. 1-25-13.) | ||||||
2 | Section 805. The Criminal Code of 2012 is amended by | ||||||
3 | changing Sections 24-1.1 and 24-3.4 as follows:
| ||||||
4 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
5 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
6 | Felons or
Persons in the Custody of the
Department of | ||||||
7 | Corrections Facilities. | ||||||
8 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
9 | about his person or on his land or
in his own abode or fixed | ||||||
10 | place of business any weapon prohibited under
Section 24-1 of | ||||||
11 | this Act or any firearm or any firearm ammunition if the
person | ||||||
12 | has been convicted of a felony under the laws of this State or | ||||||
13 | any
other jurisdiction. This Section shall not apply if the | ||||||
14 | person has been
granted relief by the Director of the | ||||||
15 | Department of State Police
under Section 10 of the Firearm | ||||||
16 | Owners Identification
Card Act.
| ||||||
17 | (b) It is unlawful for any person confined in a penal | ||||||
18 | institution,
which is a facility of the Illinois Department of | ||||||
19 | Corrections, to possess
any weapon prohibited under Section | ||||||
20 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
21 | regardless of the intent with which he possesses it.
| ||||||
22 | (c) It shall be an affirmative defense to a violation of | ||||||
23 | subsection (b), that such possession was specifically | ||||||
24 | authorized by rule,
regulation, or directive of the Illinois |
| |||||||
| |||||||
1 | Department of Corrections or order
issued pursuant thereto.
| ||||||
2 | (d) The defense of necessity is not available to a person | ||||||
3 | who is charged
with a violation of subsection (b) of this | ||||||
4 | Section.
| ||||||
5 | (e) Sentence. Violation of this Section by a person not | ||||||
6 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
7 | which the person shall be sentenced to no less than 2 years and | ||||||
8 | no
more than 10 years and any second or subsequent violation | ||||||
9 | shall be a Class 2 felony for which the person shall be | ||||||
10 | sentenced to a term of imprisonment of not less than 3 years | ||||||
11 | and not more than 14 years. Violation of this Section by a | ||||||
12 | person not confined in a
penal institution who has been | ||||||
13 | convicted of a forcible felony, a felony
violation of Article | ||||||
14 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
15 | Act or of Section 5 of the Family and Personal Protection Act, | ||||||
16 | stalking or aggravated stalking, or a Class 2 or greater felony
| ||||||
17 | under the Illinois Controlled Substances Act, the Cannabis | ||||||
18 | Control Act, or the Methamphetamine Control and Community | ||||||
19 | Protection Act is a
Class 2 felony for which the person
shall | ||||||
20 | be sentenced to not less than 3 years and not more than 14 | ||||||
21 | years.
Violation of this Section by a person who is on parole | ||||||
22 | or mandatory supervised
release is a Class 2 felony for which | ||||||
23 | the person shall be sentenced to not less than 3 years and not | ||||||
24 | more than 14
years. Violation of this Section by a person not | ||||||
25 | confined in a penal
institution is a Class X felony when the | ||||||
26 | firearm possessed is a machine gun.
Any person who violates |
| |||||||
| |||||||
1 | this Section while confined in a penal
institution, which is a | ||||||
2 | facility of the Illinois Department of
Corrections, is guilty | ||||||
3 | of a Class 1
felony, if he possesses any weapon prohibited | ||||||
4 | under Section 24-1 of this
Code regardless of the intent with | ||||||
5 | which he possesses it, a Class X
felony if he possesses any | ||||||
6 | firearm, firearm ammunition or explosive, and a
Class X felony | ||||||
7 | for which the offender shall be sentenced to not less than 12
| ||||||
8 | years and not more than 50 years when the firearm possessed is | ||||||
9 | a machine
gun. A violation of this Section while wearing or in | ||||||
10 | possession of body armor as defined in Section 33F-1 is a Class | ||||||
11 | X felony punishable by a term of imprisonment of not less than | ||||||
12 | 10 years and not more than 40 years.
The possession of each | ||||||
13 | firearm or firearm ammunition in violation of this Section | ||||||
14 | constitutes a single and separate violation.
| ||||||
15 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
16 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
17 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
18 | (a) It shall be unlawful for any person who holds a license | ||||||
19 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
20 | Liquor Control
Commission or local liquor control commissioner | ||||||
21 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
22 | the licensee to sell or deliver to any
other person a firearm | ||||||
23 | in or on the real property of the establishment
where the | ||||||
24 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
25 | or
delivery of the firearm is otherwise lawful under this |
| |||||||
| |||||||
1 | Article and under the
Firearm Owners Identification Card Act | ||||||
2 | and Section 5 of the Family and Personal Protection Act.
| ||||||
3 | (b) Sentence. A violation of subsection (a) of this Section | ||||||
4 | is a
Class 4 felony.
| ||||||
5 | (Source: P.A. 87-591.)
| ||||||
6 | Section 806. The Unified Code of Corrections is amended by | ||||||
7 | changing Section 5-5-3.2 as follows:
| ||||||
8 | (730 ILCS 5/5-5-3.2)
| ||||||
9 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
10 | Sentencing.
| ||||||
11 | (a) The following factors shall be accorded weight in favor | ||||||
12 | of
imposing a term of imprisonment or may be considered by the | ||||||
13 | court as reasons
to impose a more severe sentence under Section | ||||||
14 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
15 | (1) the defendant's conduct caused or threatened | ||||||
16 | serious harm;
| ||||||
17 | (2) the defendant received compensation for committing | ||||||
18 | the offense;
| ||||||
19 | (3) the defendant has a history of prior delinquency or | ||||||
20 | criminal activity;
| ||||||
21 | (4) the defendant, by the duties of his office or by | ||||||
22 | his position,
was obliged to prevent the particular offense | ||||||
23 | committed or to bring
the offenders committing it to | ||||||
24 | justice;
|
| |||||||
| |||||||
1 | (5) the defendant held public office at the time of the | ||||||
2 | offense,
and the offense related to the conduct of that | ||||||
3 | office;
| ||||||
4 | (6) the defendant utilized his professional reputation | ||||||
5 | or
position in the community to commit the offense, or to | ||||||
6 | afford
him an easier means of committing it;
| ||||||
7 | (7) the sentence is necessary to deter others from | ||||||
8 | committing
the same crime;
| ||||||
9 | (8) the defendant committed the offense against a | ||||||
10 | person 60 years of age
or older or such person's property;
| ||||||
11 | (9) the defendant committed the offense against a | ||||||
12 | person who is
physically handicapped or such person's | ||||||
13 | property;
| ||||||
14 | (10) by reason of another individual's actual or | ||||||
15 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
16 | sexual orientation, physical or mental
disability, or | ||||||
17 | national origin, the defendant committed the offense | ||||||
18 | against (i)
the person or property
of that individual; (ii) | ||||||
19 | the person or property of a person who has an
association | ||||||
20 | with, is married to, or has a friendship with the other | ||||||
21 | individual;
or (iii) the person or property of a relative | ||||||
22 | (by blood or marriage) of a
person described in clause (i) | ||||||
23 | or (ii). For the purposes of this Section,
"sexual | ||||||
24 | orientation" means heterosexuality, homosexuality, or | ||||||
25 | bisexuality;
| ||||||
26 | (11) the offense took place in a place of worship or on |
| |||||||
| |||||||
1 | the
grounds of a place of worship, immediately prior to, | ||||||
2 | during or immediately
following worship services. For | ||||||
3 | purposes of this subparagraph, "place of
worship" shall | ||||||
4 | mean any church, synagogue or other building, structure or
| ||||||
5 | place used primarily for religious worship;
| ||||||
6 | (12) the defendant was convicted of a felony committed | ||||||
7 | while he was
released on bail or his own recognizance | ||||||
8 | pending trial for a prior felony
and was convicted of such | ||||||
9 | prior felony, or the defendant was convicted of a
felony | ||||||
10 | committed while he was serving a period of probation,
| ||||||
11 | conditional discharge, or mandatory supervised release | ||||||
12 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
13 | (13) the defendant committed or attempted to commit a | ||||||
14 | felony while he
was wearing a bulletproof vest. For the | ||||||
15 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
16 | device which is designed for the purpose of
protecting the | ||||||
17 | wearer from bullets, shot or other lethal projectiles;
| ||||||
18 | (14) the defendant held a position of trust or | ||||||
19 | supervision such as, but
not limited to, family member as | ||||||
20 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
21 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
22 | relation to a victim under 18 years of age, and the | ||||||
23 | defendant committed an
offense in violation of Section | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
25 | 11-14.4 except for an offense that involves keeping a place | ||||||
26 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
| |||||||
| |||||||
1 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
2 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012
against
that victim;
| ||||||
4 | (15) the defendant committed an offense related to the | ||||||
5 | activities of an
organized gang. For the purposes of this | ||||||
6 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
7 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
8 | Act;
| ||||||
9 | (16) the defendant committed an offense in violation of | ||||||
10 | one of the
following Sections while in a school, regardless | ||||||
11 | of the time of day or time of
year; on any conveyance | ||||||
12 | owned, leased, or contracted by a school to transport
| ||||||
13 | students to or from school or a school related activity; on | ||||||
14 | the real property
of a school; or on a public way within | ||||||
15 | 1,000 feet of the real property
comprising any school: | ||||||
16 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
17 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
18 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
19 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
20 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
21 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
22 | Criminal Code of 2012;
| ||||||
23 | (16.5) the defendant committed an offense in violation | ||||||
24 | of one of the
following Sections while in a day care | ||||||
25 | center, regardless of the time of day or
time of year; on | ||||||
26 | the real property of a day care center, regardless of the |
| |||||||
| |||||||
1 | time
of day or time of year; or on a public
way within | ||||||
2 | 1,000 feet of the real property comprising any day care | ||||||
3 | center,
regardless of the time of day or time of year:
| ||||||
4 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
5 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
6 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
7 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
8 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
9 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
10 | Criminal Code of 2012;
| ||||||
11 | (17) the defendant committed the offense by reason of | ||||||
12 | any person's
activity as a community policing volunteer or | ||||||
13 | to prevent any person from
engaging in activity as a | ||||||
14 | community policing volunteer. For the purpose of
this | ||||||
15 | Section, "community policing volunteer" has the meaning | ||||||
16 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
17 | 2012;
| ||||||
18 | (18) the defendant committed the offense in a nursing | ||||||
19 | home or on the
real
property comprising a nursing home. For | ||||||
20 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
21 | skilled nursing
or intermediate long term care facility | ||||||
22 | that is subject to license by the
Illinois Department of | ||||||
23 | Public Health under the Nursing Home Care
Act, the | ||||||
24 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
25 | Community Care Act;
| ||||||
26 | (19) the defendant was a federally licensed firearm |
| |||||||
| |||||||
1 | dealer
and
was
previously convicted of a violation of | ||||||
2 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
3 | Identification Card Act or Section 5 of the Family and | ||||||
4 | Personal Protection Act and has now committed either a | ||||||
5 | felony
violation
of the Firearm Owners Identification Card | ||||||
6 | Act or Section 5 of the Family and Personal Protection Act | ||||||
7 | or an act of armed violence while
armed
with a firearm; | ||||||
8 | (20) the defendant (i) committed the offense of | ||||||
9 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
11 | under the influence of alcohol, other drug or
drugs, | ||||||
12 | intoxicating compound or compounds or any combination | ||||||
13 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
14 | or a similar provision of a local ordinance and (ii) was | ||||||
15 | operating a motor vehicle in excess of 20 miles per hour | ||||||
16 | over the posted speed limit as provided in Article VI of | ||||||
17 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
18 | (21) the defendant (i) committed the offense of | ||||||
19 | reckless driving or aggravated reckless driving under | ||||||
20 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
21 | operating a motor vehicle in excess of 20 miles per hour | ||||||
22 | over the posted speed limit as provided in Article VI of | ||||||
23 | Chapter 11 of the Illinois Vehicle Code; | ||||||
24 | (22) the defendant committed the offense against a | ||||||
25 | person that the defendant knew, or reasonably should have | ||||||
26 | known, was a member of the Armed Forces of the United |
| |||||||
| |||||||
1 | States serving on active duty. For purposes of this clause | ||||||
2 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
3 | of the United States, including a member of any reserve | ||||||
4 | component thereof or National Guard unit called to active | ||||||
5 | duty;
| ||||||
6 | (23)
the defendant committed the offense against a | ||||||
7 | person who was elderly, disabled, or infirm by taking | ||||||
8 | advantage of a family or fiduciary relationship with the | ||||||
9 | elderly, disabled, or infirm person;
| ||||||
10 | (24)
the defendant committed any offense under Section | ||||||
11 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 and possessed 100 or more images;
| ||||||
13 | (25) the defendant committed the offense while the | ||||||
14 | defendant or the victim was in a train, bus, or other | ||||||
15 | vehicle used for public transportation; | ||||||
16 | (26) the defendant committed the offense of child | ||||||
17 | pornography or aggravated child pornography, specifically | ||||||
18 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
19 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
21 | solicited for, depicted in, or posed in any act of sexual | ||||||
22 | penetration or bound, fettered, or subject to sadistic, | ||||||
23 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
24 | and specifically including paragraph (1), (2), (3), (4), | ||||||
25 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
26 | Section 11-20.3 of the Criminal Code of 1961 where a child |
| |||||||
| |||||||
1 | engaged in, solicited for, depicted in, or posed in any act | ||||||
2 | of sexual penetration or bound, fettered, or subject to | ||||||
3 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
4 | sexual context; | ||||||
5 | (27) the defendant committed the offense of first | ||||||
6 | degree murder, assault, aggravated assault, battery, | ||||||
7 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
8 | robbery against a person who was a veteran and the | ||||||
9 | defendant knew, or reasonably should have known, that the | ||||||
10 | person was a veteran performing duties as a representative | ||||||
11 | of a veterans' organization. For the purposes of this | ||||||
12 | paragraph (27), "veteran" means an Illinois resident who | ||||||
13 | has served as a member of the United States Armed Forces, a | ||||||
14 | member of the Illinois National Guard, or a member of the | ||||||
15 | United States Reserve Forces; and "veterans' organization" | ||||||
16 | means an organization comprised of members of
which | ||||||
17 | substantially all are individuals who are veterans or | ||||||
18 | spouses,
widows, or widowers of veterans, the primary | ||||||
19 | purpose of which is to
promote the welfare of its members | ||||||
20 | and to provide assistance to the general
public in such a | ||||||
21 | way as to confer a public benefit; or | ||||||
22 | (28) the defendant committed the offense of assault, | ||||||
23 | aggravated assault, battery, aggravated battery, robbery, | ||||||
24 | armed robbery, or aggravated robbery against a person that | ||||||
25 | the defendant knew or reasonably should have known was a | ||||||
26 | letter carrier or postal worker while that person was |
| |||||||
| |||||||
1 | performing his or her duties delivering mail for the United | ||||||
2 | States Postal Service. | ||||||
3 | For the purposes of this Section:
| ||||||
4 | "School" is defined as a public or private
elementary or | ||||||
5 | secondary school, community college, college, or university.
| ||||||
6 | "Day care center" means a public or private State certified | ||||||
7 | and
licensed day care center as defined in Section 2.09 of the | ||||||
8 | Child Care Act of
1969 that displays a sign in plain view | ||||||
9 | stating that the
property is a day care center.
| ||||||
10 | "Public transportation" means the transportation
or | ||||||
11 | conveyance of persons by means available to the general public, | ||||||
12 | and includes paratransit services. | ||||||
13 | (b) The following factors, related to all felonies, may be | ||||||
14 | considered by the court as
reasons to impose an extended term | ||||||
15 | sentence under Section 5-8-2
upon any offender:
| ||||||
16 | (1) When a defendant is convicted of any felony, after | ||||||
17 | having
been previously convicted in Illinois or any other | ||||||
18 | jurisdiction of the
same or similar class felony or greater | ||||||
19 | class felony, when such conviction
has occurred within 10 | ||||||
20 | years after the
previous conviction, excluding time spent | ||||||
21 | in custody, and such charges are
separately brought and | ||||||
22 | tried and arise out of different series of acts; or
| ||||||
23 | (2) When a defendant is convicted of any felony and the | ||||||
24 | court
finds that the offense was accompanied by | ||||||
25 | exceptionally brutal
or heinous behavior indicative of | ||||||
26 | wanton cruelty; or
|
| |||||||
| |||||||
1 | (3) When a defendant is convicted of any felony | ||||||
2 | committed against:
| ||||||
3 | (i) a person under 12 years of age at the time of | ||||||
4 | the offense or such
person's property;
| ||||||
5 | (ii) a person 60 years of age or older at the time | ||||||
6 | of the offense or
such person's property; or
| ||||||
7 | (iii) a person physically handicapped at the time | ||||||
8 | of the offense or
such person's property; or
| ||||||
9 | (4) When a defendant is convicted of any felony and the | ||||||
10 | offense
involved any of the following types of specific | ||||||
11 | misconduct committed as
part of a ceremony, rite, | ||||||
12 | initiation, observance, performance, practice or
activity | ||||||
13 | of any actual or ostensible religious, fraternal, or social | ||||||
14 | group:
| ||||||
15 | (i) the brutalizing or torturing of humans or | ||||||
16 | animals;
| ||||||
17 | (ii) the theft of human corpses;
| ||||||
18 | (iii) the kidnapping of humans;
| ||||||
19 | (iv) the desecration of any cemetery, religious, | ||||||
20 | fraternal, business,
governmental, educational, or | ||||||
21 | other building or property; or
| ||||||
22 | (v) ritualized abuse of a child; or
| ||||||
23 | (5) When a defendant is convicted of a felony other | ||||||
24 | than conspiracy and
the court finds that
the felony was | ||||||
25 | committed under an agreement with 2 or more other persons
| ||||||
26 | to commit that offense and the defendant, with respect to |
| |||||||
| |||||||
1 | the other
individuals, occupied a position of organizer, | ||||||
2 | supervisor, financier, or any
other position of management | ||||||
3 | or leadership, and the court further finds that
the felony | ||||||
4 | committed was related to or in furtherance of the criminal
| ||||||
5 | activities of an organized gang or was motivated by the | ||||||
6 | defendant's leadership
in an organized gang; or
| ||||||
7 | (6) When a defendant is convicted of an offense | ||||||
8 | committed while using a firearm with a
laser sight attached | ||||||
9 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
10 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
11 | Code of
2012; or
| ||||||
12 | (7) When a defendant who was at least 17 years of age | ||||||
13 | at the
time of
the commission of the offense is convicted | ||||||
14 | of a felony and has been previously
adjudicated a | ||||||
15 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
16 | an act
that if committed by an adult would be a Class X or | ||||||
17 | Class 1 felony when the
conviction has occurred within 10 | ||||||
18 | years after the previous adjudication,
excluding time | ||||||
19 | spent in custody; or
| ||||||
20 | (8) When a defendant commits any felony and the | ||||||
21 | defendant used, possessed, exercised control over, or | ||||||
22 | otherwise directed an animal to assault a law enforcement | ||||||
23 | officer engaged in the execution of his or her official | ||||||
24 | duties or in furtherance of the criminal activities of an | ||||||
25 | organized gang in which the defendant is engaged.
| ||||||
26 | (c) The following factors may be considered by the court as |
| |||||||
| |||||||
1 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
2 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
3 | (1) When a defendant is convicted of first degree | ||||||
4 | murder, after having been previously convicted in Illinois | ||||||
5 | of any offense listed under paragraph (c)(2) of Section | ||||||
6 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
7 | within 10 years after the previous conviction, excluding | ||||||
8 | time spent in custody, and the charges are separately | ||||||
9 | brought and tried and arise out of different series of | ||||||
10 | acts. | ||||||
11 | (1.5) When a defendant is convicted of first degree | ||||||
12 | murder, after having been previously convicted of domestic | ||||||
13 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
14 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
15 | having been previously convicted of violation of an order | ||||||
16 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
17 | was the protected person. | ||||||
18 | (2) When a defendant is convicted of voluntary | ||||||
19 | manslaughter, second degree murder, involuntary | ||||||
20 | manslaughter, or reckless homicide in which the defendant | ||||||
21 | has been convicted of causing the death of more than one | ||||||
22 | individual. | ||||||
23 | (3) When a defendant is convicted of aggravated | ||||||
24 | criminal sexual assault or criminal sexual assault, when | ||||||
25 | there is a finding that aggravated criminal sexual assault | ||||||
26 | or criminal sexual assault was also committed on the same |
| |||||||
| |||||||
1 | victim by one or more other individuals, and the defendant | ||||||
2 | voluntarily participated in the crime with the knowledge of | ||||||
3 | the participation of the others in the crime, and the | ||||||
4 | commission of the crime was part of a single course of | ||||||
5 | conduct during which there was no substantial change in the | ||||||
6 | nature of the criminal objective. | ||||||
7 | (4) If the victim was under 18 years of age at the time | ||||||
8 | of the commission of the offense, when a defendant is | ||||||
9 | convicted of aggravated criminal sexual assault or | ||||||
10 | predatory criminal sexual assault of a child under | ||||||
11 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
12 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
14 | (5) When a defendant is convicted of a felony violation | ||||||
15 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
17 | finding that the defendant is a member of an organized | ||||||
18 | gang. | ||||||
19 | (6) When a defendant was convicted of unlawful use of | ||||||
20 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
22 | a weapon that is not readily distinguishable as one of the | ||||||
23 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
25 | (7) When a defendant is convicted of an offense | ||||||
26 | involving the illegal manufacture of a controlled |
| |||||||
| |||||||
1 | substance under Section 401 of the Illinois Controlled | ||||||
2 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
3 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
4 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
5 | the illegal possession of explosives and an emergency | ||||||
6 | response officer in the performance of his or her duties is | ||||||
7 | killed or injured at the scene of the offense while | ||||||
8 | responding to the emergency caused by the commission of the | ||||||
9 | offense. In this paragraph, "emergency" means a situation | ||||||
10 | in which a person's life, health, or safety is in jeopardy; | ||||||
11 | and "emergency response officer" means a peace officer, | ||||||
12 | community policing volunteer, fireman, emergency medical | ||||||
13 | technician-ambulance, emergency medical | ||||||
14 | technician-intermediate, emergency medical | ||||||
15 | technician-paramedic, ambulance driver, other medical | ||||||
16 | assistance or first aid personnel, or hospital emergency | ||||||
17 | room personnel.
| ||||||
18 | (d) For the purposes of this Section, "organized gang" has | ||||||
19 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
20 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
21 | (e) The court may impose an extended term sentence under | ||||||
22 | Article 4.5 of Chapter V upon an offender who has been | ||||||
23 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
24 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
25 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
26 | when the victim of the offense is under 18 years of age at the |
| |||||||
| |||||||
1 | time of the commission of the offense and, during the | ||||||
2 | commission of the offense, the victim was under the influence | ||||||
3 | of alcohol, regardless of whether or not the alcohol was | ||||||
4 | supplied by the offender; and the offender, at the time of the | ||||||
5 | commission of the offense, knew or should have known that the | ||||||
6 | victim had consumed alcohol. | ||||||
7 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
8 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
9 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
10 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
11 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
12 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||||||
13 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
14 | 1-25-13.) | ||||||
15 | Section 815. The Criminal Code of 2012 is amended by adding | ||||||
16 | Section 24-9.3 as follows: | ||||||
17 | (720 ILCS 5/24-9.3 new) | ||||||
18 | Sec. 24-9.3. Prohibited person firearm access violation. | ||||||
19 | (a) A person commits prohibited person firearm access when | ||||||
20 | he or she stores or leaves, within premises under his or her | ||||||
21 | control, a firearm if the person knows or has reason to know | ||||||
22 | that a person prohibited from possessing a firearm because of a | ||||||
23 | felony conviction, domestic battery conviction, an outstanding | ||||||
24 | order of protection or stalking no-contact order against him or |
| |||||||
| |||||||
1 | her, adjudication as a mental defective, having been a patient | ||||||
2 | in a mental institution within
the past 5 years, or because he | ||||||
3 | or she is otherwise prohibited from obtaining a Firearm Owner's | ||||||
4 | Identification Card is likely to gain access to the firearm, | ||||||
5 | and the firearm: | ||||||
6 | (1) is not secured by a device or mechanism, other than | ||||||
7 | the firearm safety, designed to render a firearm | ||||||
8 | temporarily inoperable; | ||||||
9 | (2) is not placed in a securely locked box or | ||||||
10 | container; or | ||||||
11 | (3) is not placed in some other location that a | ||||||
12 | reasonable person would believe to be secure from a person. | ||||||
13 | (b) This Section does not apply: | ||||||
14 | (1) if the prohibited person gains access to a
firearm | ||||||
15 | and uses it in a lawful act of self-defense or defense of | ||||||
16 | another; | ||||||
17 | (2) to any firearm obtained by a prohibited person | ||||||
18 | because of
an unlawful entry of the premises by the | ||||||
19 | prohibited person or another person; or | ||||||
20 | (3) when the firearm is in the immediate possession or | ||||||
21 | control of the owner. | ||||||
22 | (c) For the purposes of this Section, "firearm" has the | ||||||
23 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
24 | Identification Card Act. | ||||||
25 | (d) Sentence. A first violation of this Section is a Class | ||||||
26 | C misdemeanor and the person shall be fined not less than |
| |||||||
| |||||||
1 | $1,000. A second or subsequent violation is a Class A | ||||||
2 | misdemeanor. | ||||||
3 | Section 825. The Firearm Owners Identification Card Act is | ||||||
4 | amended by changing Section 8 as follows:
| ||||||
5 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
6 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
7 | Sec. 8. Grounds for denial and revocation. | ||||||
8 | (A) The Department of State Police has authority to deny an
| ||||||
9 | application for or to revoke and seize a Firearm Owner's | ||||||
10 | Identification
Card previously issued under this Act only if | ||||||
11 | the Department finds that the
applicant or the person to whom | ||||||
12 | such card was issued is or was at the time
of issuance:
| ||||||
13 | (a) A person under 21 years of age who has been convicted | ||||||
14 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
15 | delinquent;
| ||||||
16 | (b) A person under 21 years of age who does not have the | ||||||
17 | written consent
of his parent or guardian to acquire and | ||||||
18 | possess firearms and firearm
ammunition, or whose parent or | ||||||
19 | guardian has revoked such written consent,
or where such parent | ||||||
20 | or guardian does not qualify to have a Firearm Owner's
| ||||||
21 | Identification Card;
| ||||||
22 | (c) A person convicted of a felony under the laws of this | ||||||
23 | or any other
jurisdiction;
| ||||||
24 | (d) A person addicted to narcotics;
|
| |||||||
| |||||||
1 | (e) A person who has been a patient of a mental institution | ||||||
2 | within the
past 5 years or has been adjudicated as a mental | ||||||
3 | defective;
| ||||||
4 | (f) A person whose mental condition is of such a nature | ||||||
5 | that it poses
a clear and present danger to the applicant, any | ||||||
6 | other person or persons or
the community;
| ||||||
7 | For the purposes of this Section, "mental condition" means | ||||||
8 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
9 | assaultive behavior.
| ||||||
10 | (g) A person who is intellectually disabled;
| ||||||
11 | (h) A person who intentionally makes a false statement in | ||||||
12 | the Firearm
Owner's Identification Card application;
| ||||||
13 | (i) An alien who is unlawfully present in
the United States | ||||||
14 | under the laws of the United States;
| ||||||
15 | (i-5) An alien who has been admitted to the United States | ||||||
16 | under a
non-immigrant visa (as that term is defined in Section | ||||||
17 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
18 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
19 | to any alien who has been lawfully admitted to
the United | ||||||
20 | States under a non-immigrant visa if that alien is:
| ||||||
21 | (1) admitted to the United States for lawful hunting or | ||||||
22 | sporting purposes;
| ||||||
23 | (2) an official representative of a foreign government | ||||||
24 | who is:
| ||||||
25 | (A) accredited to the United States Government or | ||||||
26 | the Government's
mission to an international |
| |||||||
| |||||||
1 | organization having its headquarters in the United
| ||||||
2 | States; or
| ||||||
3 | (B) en route to or from another country to which | ||||||
4 | that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign visitor
who has been so designated by | ||||||
7 | the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a friendly | ||||||
9 | foreign government
entering the United States on official | ||||||
10 | business; or
| ||||||
11 | (5) one who has received a waiver from the Attorney | ||||||
12 | General of the United
States pursuant to 18 U.S.C. | ||||||
13 | 922(y)(3);
| ||||||
14 | (j) (Blank);
| ||||||
15 | (k) A person who has been convicted within the past 5 years | ||||||
16 | of battery,
assault, aggravated assault, violation of an order | ||||||
17 | of protection, or a
substantially similar offense in another | ||||||
18 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
19 | (l) A person who has been convicted of domestic battery, | ||||||
20 | aggravated domestic battery, or a substantially
similar | ||||||
21 | offense in another jurisdiction committed before, on or after | ||||||
22 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
23 | the applicant or person who has been previously issued a | ||||||
24 | Firearm Owner's Identification Card under this Act knowingly | ||||||
25 | and intelligently waives the right to have an offense described | ||||||
26 | in this paragraph (l) tried by a jury, and by guilty plea or |
| |||||||
| |||||||
1 | otherwise, results in a conviction for an offense in which a | ||||||
2 | domestic relationship is not a required element of the offense | ||||||
3 | but in which a determination of the applicability of 18 U.S.C. | ||||||
4 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
5 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
6 | of conviction for that offense shall be grounds for denying an | ||||||
7 | application for and for revoking and seizing a Firearm Owner's | ||||||
8 | Identification Card previously issued to the person under this | ||||||
9 | Act;
| ||||||
10 | (m) (Blank);
| ||||||
11 | (n) A person who is prohibited from acquiring or possessing
| ||||||
12 | firearms or firearm ammunition by any Illinois State statute or | ||||||
13 | by federal
law;
| ||||||
14 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
15 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
16 | delinquent minor for
the commission of an offense that if | ||||||
17 | committed by an adult would be a felony;
| ||||||
18 | (p) An adult who had been adjudicated a delinquent minor | ||||||
19 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
20 | offense that if committed by an
adult would be a felony; or
| ||||||
21 | (q) A person who is not a resident of the State of | ||||||
22 | Illinois, except as provided in subsection (a-10) of Section 4. | ||||||
23 | (B) The Department of State Police may revoke and seize a | ||||||
24 | Firearm Owner's Identification
Card previously issued under | ||||||
25 | this Act of a person who fails to report the loss or theft of a | ||||||
26 | firearm a second time to the local law enforcement agency |
| |||||||
| |||||||
1 | within 72 hours after obtaining knowledge of the second loss or | ||||||
2 | theft.
| ||||||
3 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
4 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
5 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
6 | Sec. 8. Grounds for denial and revocation. | ||||||
7 | (A) The Department of State Police has authority to deny an
| ||||||
8 | application for or to revoke and seize a Firearm Owner's | ||||||
9 | Identification
Card previously issued under this Act only if | ||||||
10 | the Department finds that the
applicant or the person to whom | ||||||
11 | such card was issued is or was at the time
of issuance:
| ||||||
12 | (a) A person under 21 years of age who has been convicted | ||||||
13 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
14 | delinquent;
| ||||||
15 | (b) A person under 21 years of age who does not have the | ||||||
16 | written consent
of his parent or guardian to acquire and | ||||||
17 | possess firearms and firearm
ammunition, or whose parent or | ||||||
18 | guardian has revoked such written consent,
or where such parent | ||||||
19 | or guardian does not qualify to have a Firearm Owner's
| ||||||
20 | Identification Card;
| ||||||
21 | (c) A person convicted of a felony under the laws of this | ||||||
22 | or any other
jurisdiction;
| ||||||
23 | (d) A person addicted to narcotics;
| ||||||
24 | (e) A person who has been a patient of a mental institution | ||||||
25 | within the
past 5 years. An active law enforcement officer |
| |||||||
| |||||||
1 | employed by a unit of government who is denied, revoked, or has | ||||||
2 | his or her Firearm Owner's Identification Card seized under | ||||||
3 | this subsection (e) may obtain relief as described in | ||||||
4 | subsection (c-5) of Section 10 of this Act if the officer did | ||||||
5 | not act in a manner threatening to the officer, another person, | ||||||
6 | or the public as determined by the treating clinical | ||||||
7 | psychologist or physician, and the officer seeks mental health | ||||||
8 | treatment;
| ||||||
9 | (f) A person whose mental condition is of such a nature | ||||||
10 | that it poses
a clear and present danger to the applicant, any | ||||||
11 | other person or persons or
the community;
| ||||||
12 | For the purposes of this Section, "mental condition" means | ||||||
13 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
14 | assaultive behavior.
| ||||||
15 | (g) A person who is intellectually disabled;
| ||||||
16 | (h) A person who intentionally makes a false statement in | ||||||
17 | the Firearm
Owner's Identification Card application;
| ||||||
18 | (i) An alien who is unlawfully present in
the United States | ||||||
19 | under the laws of the United States;
| ||||||
20 | (i-5) An alien who has been admitted to the United States | ||||||
21 | under a
non-immigrant visa (as that term is defined in Section | ||||||
22 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
23 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
24 | to any alien who has been lawfully admitted to
the United | ||||||
25 | States under a non-immigrant visa if that alien is:
| ||||||
26 | (1) admitted to the United States for lawful hunting or |
| |||||||
| |||||||
1 | sporting purposes;
| ||||||
2 | (2) an official representative of a foreign government | ||||||
3 | who is:
| ||||||
4 | (A) accredited to the United States Government or | ||||||
5 | the Government's
mission to an international | ||||||
6 | organization having its headquarters in the United
| ||||||
7 | States; or
| ||||||
8 | (B) en route to or from another country to which | ||||||
9 | that alien is
accredited;
| ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign visitor
who has been so designated by | ||||||
12 | the Department of State;
| ||||||
13 | (4) a foreign law enforcement officer of a friendly | ||||||
14 | foreign government
entering the United States on official | ||||||
15 | business; or
| ||||||
16 | (5) one who has received a waiver from the Attorney | ||||||
17 | General of the United
States pursuant to 18 U.S.C. | ||||||
18 | 922(y)(3);
| ||||||
19 | (j) (Blank);
| ||||||
20 | (k) A person who has been convicted within the past 5 years | ||||||
21 | of battery,
assault, aggravated assault, violation of an order | ||||||
22 | of protection, or a
substantially similar offense in another | ||||||
23 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
24 | (l) A person who has been convicted of domestic battery, | ||||||
25 | aggravated domestic battery, or a substantially
similar | ||||||
26 | offense in another jurisdiction committed before, on or after |
| |||||||
| |||||||
1 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
2 | the applicant or person who has been previously issued a | ||||||
3 | Firearm Owner's Identification Card under this Act knowingly | ||||||
4 | and intelligently waives the right to have an offense described | ||||||
5 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
6 | otherwise, results in a conviction for an offense in which a | ||||||
7 | domestic relationship is not a required element of the offense | ||||||
8 | but in which a determination of the applicability of 18 U.S.C. | ||||||
9 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
10 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
11 | of conviction for that offense shall be grounds for denying an | ||||||
12 | application for and for revoking and seizing a Firearm Owner's | ||||||
13 | Identification Card previously issued to the person under this | ||||||
14 | Act;
| ||||||
15 | (m) (Blank);
| ||||||
16 | (n) A person who is prohibited from acquiring or possessing
| ||||||
17 | firearms or firearm ammunition by any Illinois State statute or | ||||||
18 | by federal
law;
| ||||||
19 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
20 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
21 | delinquent minor for
the commission of an offense that if | ||||||
22 | committed by an adult would be a felony;
| ||||||
23 | (p) An adult who had been adjudicated a delinquent minor | ||||||
24 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
25 | offense that if committed by an
adult would be a felony;
| ||||||
26 | (q) A person who is not a resident of the State of |
| |||||||
| |||||||
1 | Illinois, except as provided in subsection (a-10) of Section 4; | ||||||
2 | or | ||||||
3 | (r) A person who has been adjudicated as a mental | ||||||
4 | defective. | ||||||
5 | (B) The Department of State Police may revoke and seize a | ||||||
6 | Firearm Owner's Identification
Card previously issued under | ||||||
7 | this Act of a person who fails to report the loss or theft of a | ||||||
8 | firearm a second time to the local law enforcement agency | ||||||
9 | within 72 hours after obtaining knowledge of the second loss or | ||||||
10 | theft.
| ||||||
11 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
12 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
13 | 97-1167, eff. 6-1-13.)
| ||||||
14 | Section 826. The Criminal Code of 2012 is amended by adding | ||||||
15 | Section 24-4.1 as follows: | ||||||
16 | (720 ILCS 5/24-4.1 new)
| ||||||
17 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
18 | (a) If a person who possesses a valid Firearm Owner's | ||||||
19 | Identification Card and who possesses or acquires a firearm | ||||||
20 | thereafter loses or misplaces the firearm, or if the firearm is | ||||||
21 | stolen from the person, the person must report the loss or | ||||||
22 | theft to the local law enforcement agency within 72 hours after | ||||||
23 | obtaining knowledge of the loss or theft. | ||||||
24 | (b) Sentence. A person who violates this Section is guilty |
| |||||||
| |||||||
1 | of a petty offense for a first violation. A second or | ||||||
2 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
3 | Section 827. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act.
| ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|