HB1155ham024 98TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 2/25/2013

09800HB1155ham024 LRB098 08475 MRW 41479 a

AMENDMENT TO HOUSE BILL 1155

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

"Section 10. Handgun carry licensing.

(a) For the purposes of this Act:

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:

(1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second;

(2) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors;

(3) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;

(4) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and

(5) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

"Handgun" means a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which that type of firearm can be assembled.

(b) Except as provided in subsection (c) of this Section, the Department of State Police shall issue or renew a handgun carry license to a resident of this State or non-resident who:

(1) is at least 21 years of age;

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

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

(4) is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that will lead to disqualification under subparagraph (3) of this subsection (b);

(5) does not chronically or habitually abuse alcoholic beverages, which means that within the 5 years immediately preceding the application the applicant:

(A) has been in residential or court-ordered treatment for alcoholism or alcohol detoxification; or

(B) has one or more convictions or supervision dispositions for driving while under the influence or driving while intoxicated as defined in Section 11-501 of the Illinois Vehicle Code or similar law; and

(6) has completed firearms safety training and any educational component required in this Act;

(7) has submitted a complete application and any other documentation required by this Act; and

(8) has submitted the required fees.

(c) The Department of State Police shall provide the sheriff of the county where the applicant resides with a copy of the applicant's handgun carry application within 3 days of receipt of the application. The sheriff may, within 14 days of receiving the application file an objection to the issuance of a handgun carry license to the applicant. The sheriff's objection must be in writing and state specific reasons for denial of the application. The Department of State Police may consider an objection to an application by the sheriff, if the objection and any reports submitted to the Department by the sheriff are disclosed to the applicant unless disclosure would interfere with a criminal investigation, or as determined by the Department, disclosure may threaten the safety or welfare of the sheriff. If the Department of State Police determines, based on the sheriff's objections, to deny the application, the Department shall notify the applicant and the sheriff in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 30 days, appeal the denial and submit additional materials and documentation relevant to the grounds for denial to the Department. Upon receiving the additional materials and documentation, the Department of State Police shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the Department denies the application, the applicant must be informed of the his or her right to administrative review of the denial.

(d) A handgun carry licensee shall possess and carry the license at all times the licensee carries a handgun, in the manner provided in this Act, except when he or she:

(1) is on his or her land or in his or her abode or legal dwelling or in the abode or legal dwelling of another person as an invitee with that person's permission;

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

(3) the handgun is broken down in a non-functioning state, is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box, or any other container.

(e) Upon being stopped or detained by a peace officer, the licensee shall inform the officer that he or she is carrying a handgun under the provisions of this Act and provide the license to the officer. If requested by the officer, the licensee shall in a safe manner turn the handgun over to the officer for the remainder of the stop or detention.

(f) A handgun carry license does not authorize the carrying of any other non-handgun firearm.

(g) Handgun carry license exemption.

(1) This Section does not apply to or affect any of the following:

(A) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting the officer.

(B) Wardens, superintendents and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(C) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(D) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(E) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that the commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.

(F) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to that commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation; provided this security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(G) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4) of the Criminal Code of 2012, while on duty in the course of any investigation for the Commission.

(H) Persons employed by a financial institution for the protection of other employees and property related to that financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by the financial institution, provided the person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this subparagraph shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. This firearm control card shall be carried by the person so trained at all times when the person is in possession of a concealable weapon. For purposes of this subparagraph, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(I) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his or her duties.

(J) Persons who have been classified as peace officers under the Peace Officer Fire Investigation Act.

(K) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons under Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

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

(M) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(N) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(O) A person employed as an armed security guard at a nuclear energy, storage, weapons, or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(P) Manufacture, transportation, or sale of weapons to persons authorized under subparagraphs (A) through (O) of this subsection to possess those weapons.

(Q) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of these ranges, while the members or patrons are using their firearms on those target ranges.

(R) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(S) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(T) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(U) Carrying or possessing any pistol, revolver, or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(V) Any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(W) An athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with this athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(2) An information or indictment based upon any violation of this Act need not negative any exemptions contained in this subsection. The defendant shall have the burden of proving that exemption.

(3) Nothing in this Section shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, or other firearm consigned to a common carrier operating under license of this State or the federal government, where the transportation, carrying, or possession is incident to the lawful transportation in which the common carrier is engaged; and nothing in this Act shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of the Criminal Code of 2012, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owner's Identification Card.

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