HB1155ham019 98TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 2/25/2013

09800HB1155ham019 LRB098 08475 MRW 41488 a

AMENDMENT TO HOUSE BILL 1155

AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by inserting the following in its proper numeric sequence:

"Section 50. Firearm safety training.

(a) A person shall meet the firearm safety training requirements under this Act for licensure or authorization to carry a handgun under this Act when he or she:

(1) successfully completes 20 hours of classroom instruction in a firearm safety training course and 20 hours of live fire exercise with a handgun on a shooting range, in a training course and at a range administered and approved by the Department of State Police; and

(2) successfully completes 5 hours of classroom instruction in a firearm safety training course and 5 hours of live fire exercise with a handgun on a shooting range, in a training course and at a range administered and approved by the Department of State Police for renewal of a handgun carry license or retention of the authorization and privilege to carry a handgun under Section 20 of this Act.

(a-5) No private entity, association, or organization may conduct or approve firearm safety training or issue Firearm Safety Certificates to qualify a person to carry a handgun under this Act.

(b) The Department of State Police shall develop a firearm safety training course curriculum of 20 hours of instruction to be taught by Department certified instructors consisting of instruction on:

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

(2) safe handling and storage of firearms;

(3) care and cleaning of firearms;

(4) criminal and civil laws and penalties related to firearms, included areas in which carrying a handgun in the manner provided in this Act is prohibited;

(5) laws relating to the justifiable use of force in self-defense; and

(6) a written examination approved by the Department.

(c) The Department of State Police shall develop a live fire exercise and instruction of 20 hours for handguns to be conducted on a shooting range licensed by the Department and conducted by Department certified instructors consisting of instruction and exercise on:

(1) basic principles of marksmanship;

(2) a minimum of 30 rounds of live fire; and

(3) a minimum of 20 rounds live fire from a distance of 7 yards and a minimum of 10 rounds from a distance of 15 yards at target as approved by the Department.

(d) Firearm safety training students shall provide their own safe, functional handgun, and factory-loaded ammunition.

(e) A person shall not receive a grade of "passing" on course work or range work if the person:

(1) does not answer 70% of the written examination questions correctly;

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

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

(4) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the rounds fired.

(f) The Department of State Police may charge each student in a firearm safety training course a fee in an amount sufficient to cover the cost of conducting the training course and range exercise for the student and the course materials provided to the student.

(g) A person who receives a grade of "passing" on course and range work shall be issued a Firearm Safety Certificate by the Department of State Police indicating successful completion of the training. The Firearm Safety Certificate shall contain the calendar year in which it is issued.

(h) A person carrying a handgun under the authorization and privilege in Section 20 of this Act shall complete the training required for retention of the privilege after his or her initial training under paragraph (1) of subsection (a) of this Section within 5 years of the initial training and each 5 years thereafter. The person shall submit each Firearm Safety Certificate obtained to the Department of State Police. The Department of State Police shall revoke the privilege to carry a handgun under Section 20 of this Act of any person who does not successfully complete the firearm safety training required by this Act.

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

Section 55. Firearm instructor training and certification.

(a) The Department shall certify firearm safety instructors for the firearm safety training course. Qualifications for certified firearm instructors shall be set by rule.

(b) Persons who are not certified firearm safety instructors shall not teach the firearm safety training courses required under this Act.

(c) Persons who are not certified firearm safety instructors shall not advertise or otherwise represent courses they teach as qualifying their students to meet the requirements under this Act.

(d) An applicant for certification as a firearm safety instructor shall be at least 21 years of age and he or she shall:

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

(2) consent to a background check; and

(3) meet the instructor qualification requirements established by the Department of State Police.

(e) A firearm safety instructor certification applicant or certified firearm safety instructor may be disqualified from taking firearm instructor training or have his or her instructor certification revoked, if the applicant:

(1) does not meet the requirements to carry a handgun under this Act;

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

(3) has had a prior firearm safety instructor certification revoked by the Department.

(f) The Department of State Police shall provide the curriculum and range training for firearm safety instructors by rule.

(g) The Department shall adopt rules necessary to implement the provisions of this Section.".