98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4319

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm into any building, real property, or parking area under the control of (1) a licensed establishment as defined and licensed under the Video Gaming Act, or (2) a licensed fraternal establishment or licensed veterans establishment as defined and licensed under the Video Gaming Act, where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that a licensee under the Act shall not knowingly carry a firearm into any building under the control of a licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, as defined and licensed under the Video Gaming Act, and alcoholic liquor is not drawn, poured, mixed, or otherwise served for consumption on the premises. Provides that any person (rather than the owner) lawfully in possession and control of private real property of any type may prohibit the carrying of concealed firearms on the property (deletes under his or her control). Provides that if the property is a private residence no sign need be posted and it shall be presumed that the carrying of concealed firearms is prohibited in the residence and a violation of the Act. Effective immediately.


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A BILL FOR

 

HB4319LRB098 16888 RLC 51962 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area under
11    the control of a public or private elementary or secondary
12    school.
13        (2) Any building, real property, and parking area under
14    the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in
17    this paragraph shall prevent the operator of a child care
18    facility in a family home from owning or possessing a
19    firearm in the home or license under this Act, if no child
20    under child care at the home is present in the home or the
21    firearm in the home is stored in a locked container when a
22    child under child care at the home is present in the home.
23        (3) Any building, parking area, or portion of a

 

 

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1    building under the control of an officer of the executive
2    or legislative branch of government, provided that nothing
3    in this paragraph shall prohibit a licensee from carrying a
4    concealed firearm onto the real property, bikeway, or trail
5    in a park regulated by the Department of Natural Resources
6    or any other designated public hunting area or building
7    where firearm possession is permitted as established by the
8    Department of Natural Resources under Section 1.8 of the
9    Wildlife Code.
10        (4) Any building designated for matters before a
11    circuit court, appellate court, or the Supreme Court, or
12    any building or portion of a building under the control of
13    the Supreme Court.
14        (5) Any building or portion of a building under the
15    control of a unit of local government.
16        (6) Any building, real property, and parking area under
17    the control of an adult or juvenile detention or
18    correctional institution, prison, or jail.
19        (7) Any building, real property, and parking area under
20    the control of a public or private hospital or hospital
21    affiliate, mental health facility, or nursing home.
22        (8) Any bus, train, or form of transportation paid for
23    in whole or in part with public funds, and any building,
24    real property, and parking area under the control of a
25    public transportation facility paid for in whole or in part
26    with public funds.

 

 

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1        (9) Any building, real property, and parking area under
2    the control of an establishment that serves alcohol on its
3    premises, if more than 50% of the establishment's gross
4    receipts within the prior 3 months is from the sale of
5    alcohol. The owner of an establishment who knowingly fails
6    to prohibit concealed firearms on its premises as provided
7    in this paragraph or who knowingly makes a false statement
8    or record to avoid the prohibition on concealed firearms
9    under this paragraph is subject to the penalty under
10    subsection (c-5) of Section 10-1 of the Liquor Control Act
11    of 1934.
12        (10) Any public gathering or special event conducted on
13    property open to the public that requires the issuance of a
14    permit from the unit of local government, provided this
15    prohibition shall not apply to a licensee who must walk
16    through a public gathering in order to access his or her
17    residence, place of business, or vehicle.
18        (11) Any building or real property that has been issued
19    a Special Event Retailer's license as defined in Section
20    1-3.17.1 of the Liquor Control Act during the time
21    designated for the sale of alcohol by the Special Event
22    Retailer's license, or a Special use permit license as
23    defined in subsection (q) of Section 5-1 of the Liquor
24    Control Act during the time designated for the sale of
25    alcohol by the Special use permit license.
26        (12) Any public playground.

 

 

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1        (13) Any public park, athletic area, or athletic
2    facility under the control of a municipality or park
3    district, provided nothing in this Section shall prohibit a
4    licensee from carrying a concealed firearm while on a trail
5    or bikeway if only a portion of the trail or bikeway
6    includes a public park.
7        (14) Any real property under the control of the Cook
8    County Forest Preserve District.
9        (15) Any building, classroom, laboratory, medical
10    clinic, hospital, artistic venue, athletic venue,
11    entertainment venue, officially recognized
12    university-related organization property, whether owned or
13    leased, and any real property, including parking areas,
14    sidewalks, and common areas under the control of a public
15    or private community college, college, or university.
16        (16) Any building, real property, or parking area under
17    the control of (A) a gaming facility licensed under the
18    Riverboat Gambling Act or the Illinois Horse Racing Act of
19    1975, including an inter-track wagering location licensee,
20    or ((B) a licensed establishment as defined and licensed
21    under the Video Gaming Act, or (C) a licensed fraternal
22    establishment or licensed veterans establishment as
23    defined and licensed under the Video Gaming Act, where
24    alcoholic liquor is drawn, poured, mixed, or otherwise
25    served for consumption on the premises.
26        (16.1) Any building under the control of a licensed

 

 

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1    fraternal establishment, licensed veterans establishment,
2    or licensed truck stop establishment, as defined and
3    licensed under the Video Gaming Act, and alcoholic liquor
4    is not drawn, poured, mixed, or otherwise served for
5    consumption on the premises.
6        (17) Any stadium, arena, or the real property or
7    parking area under the control of a stadium, arena, or any
8    collegiate or professional sporting event.
9        (18) Any building, real property, or parking area under
10    the control of a public library.
11        (19) Any building, real property, or parking area under
12    the control of an airport.
13        (20) Any building, real property, or parking area under
14    the control of an amusement park.
15        (21) Any building, real property, or parking area under
16    the control of a zoo or museum.
17        (22) Any street, driveway, parking area, property,
18    building, or facility, owned, leased, controlled, or used
19    by a nuclear energy, storage, weapons, or development site
20    or facility regulated by the federal Nuclear Regulatory
21    Commission. The licensee shall not under any circumstance
22    store a firearm or ammunition in his or her vehicle or in a
23    compartment or container within a vehicle located anywhere
24    in or on the street, driveway, parking area, property,
25    building, or facility described in this paragraph.
26        (23) Any area where firearms are prohibited under

 

 

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1    federal law.
2    (a-5) Nothing in this Act shall prohibit a public or
3private community college, college, or university from:
4        (1) prohibiting persons from carrying a firearm within
5    a vehicle owned, leased, or controlled by the college or
6    university;
7        (2) developing resolutions, regulations, or policies
8    regarding student, employee, or visitor misconduct and
9    discipline, including suspension and expulsion;
10        (3) developing resolutions, regulations, or policies
11    regarding the storage or maintenance of firearms, which
12    must include designated areas where persons can park
13    vehicles that carry firearms; and
14        (4) permitting the carrying or use of firearms for the
15    purpose of instruction and curriculum of officially
16    recognized programs, including but not limited to military
17    science and law enforcement training programs, or in any
18    designated area used for hunting purposes or target
19    shooting.
20    (a-10) Any person lawfully in possession and control The
21owner of private real property of any type may prohibit the
22carrying of concealed firearms on the property under his or her
23control. The person owner must post a sign in accordance with
24subsection (d) of this Section indicating that firearms are
25prohibited on the property, unless the property is a private
26residence in which case no sign need be posted and it shall be

 

 

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1presumed that the carrying of concealed firearms is prohibited
2in the residence and a violation of this Act.
3    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
4this Section except under paragraph (22) or (23) of subsection
5(a), any licensee prohibited from carrying a concealed firearm
6into the parking area of a prohibited location specified in
7subsection (a), (a-5), or (a-10) of this Section shall be
8permitted to carry a concealed firearm on or about his or her
9person within a vehicle into the parking area and may store a
10firearm or ammunition concealed in a case within a locked
11vehicle or locked container out of plain view within the
12vehicle in the parking area. A licensee may carry a concealed
13firearm in the immediate area surrounding his or her vehicle
14within a prohibited parking lot area only for the limited
15purpose of storing or retrieving a firearm within the vehicle's
16trunk, provided the licensee ensures the concealed firearm is
17unloaded prior to exiting the vehicle. For purposes of this
18subsection, "case" includes a glove compartment or console that
19completely encloses the concealed firearm or ammunition, the
20trunk of the vehicle, or a firearm carrying box, shipping box,
21or other container.
22    (c) A licensee shall not be in violation of this Section
23while he or she is traveling along a public right of way that
24touches or crosses any of the premises under subsection (a),
25(a-5), or (a-10) of this Section if the concealed firearm is
26carried on his or her person in accordance with the provisions

 

 

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1of this Act or is being transported in a vehicle by the
2licensee in accordance with all other applicable provisions of
3law.
4    (d) Signs stating that the carrying of firearms is
5prohibited shall be clearly and conspicuously posted at the
6entrance of a building, premises, or real property specified in
7this Section as a prohibited area, unless the building or
8premises is a private residence. Signs shall be of a uniform
9design as established by the Department and shall be 4 inches
10by 6 inches in size. The Department shall adopt rules for
11standardized signs to be used under this subsection.
12(Source: P.A. 98-63, eff. 7-9-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.