Rep. Brandon W. Phelps
Filed: 12/2/2013
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1 | AMENDMENT TO SENATE BILL 114
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2 | AMENDMENT NO. ______. Amend Senate Bill 114, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Private Detective, Private Alarm, Private | ||||||
6 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
7 | amended by changing Section 31-5 as follows: | ||||||
8 | (225 ILCS 447/31-5) | ||||||
9 | (Section scheduled to be repealed on January 1, 2024) | ||||||
10 | Sec. 31-5. Exemptions. | ||||||
11 | (a) The provisions of this Act regarding fingerprint | ||||||
12 | vendors do not apply to any of the following, if the person | ||||||
13 | performing the service does not hold himself or herself out as | ||||||
14 | a fingerprint vendor or fingerprint vendor agency: | ||||||
15 | (1) An employee of the United States, Illinois, or a | ||||||
16 | political subdivision, including public school districts, |
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1 | of either while the employee is engaged in the performance | ||||||
2 | of his or her official duties within the scope of his or | ||||||
3 | her employment. However, any such person who offers his or | ||||||
4 | her services as a fingerprint vendor or uses a similar | ||||||
5 | title when these services are performed for compensation or | ||||||
6 | other consideration, whether received directly or | ||||||
7 | indirectly, is subject to this Act. | ||||||
8 | (2) A person employed exclusively by only one employer | ||||||
9 | in connection with the exclusive activities of that | ||||||
10 | employer, provided that person does not hold himself or | ||||||
11 | herself out to the public as a fingerprint vendor.
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12 | (3) Any Notwithstanding any other provisions of this | ||||||
13 | Act, any member of local law enforcement in the performance | ||||||
14 | of his or her duties for criminal justice purposes, | ||||||
15 | notwithstanding whether the . Nothing in this Act shall | ||||||
16 | prohibit local law enforcement agency charges agencies | ||||||
17 | from charging a reasonable fee related to the cost of | ||||||
18 | offering fingerprinting services. | ||||||
19 | (b) The provisions of this Act regarding fingerprint | ||||||
20 | vendors do not apply to any member of a local law enforcement | ||||||
21 | agency, acting on behalf of the local law enforcement agency | ||||||
22 | that is registered with the Department of State Police to | ||||||
23 | provide fingerprinting services for non-criminal justice | ||||||
24 | purposes, notwithstanding whether the local law enforcement | ||||||
25 | agency charges a reasonable fee related to the cost of offering | ||||||
26 | fingerprinting services. |
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1 | (Source: P.A. 98-294, eff. 8-9-13.) | ||||||
2 | Section 10. The Firearm Owners Identification Card Act is | ||||||
3 | amended by changing Section 8.1 as follows:
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4 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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5 | Sec. 8.1. Notifications to the Department of State Police.
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6 | (a) The Circuit Clerk shall, in the form and manner | ||||||
7 | required by the
Supreme Court, notify the Department of State | ||||||
8 | Police of all final dispositions
of cases for which the | ||||||
9 | Department has received information reported to it under
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10 | Sections 2.1 and 2.2 of the Criminal Identification Act.
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11 | (b) Upon adjudication of any individual as a mentally | ||||||
12 | disabled person as defined in Section 1.1 of this Act or a | ||||||
13 | finding that a person has been involuntarily admitted, the | ||||||
14 | court shall direct the circuit court clerk to immediately | ||||||
15 | notify the Department of State Police, Firearm Owner's | ||||||
16 | Identification (FOID) department, and shall forward a copy of | ||||||
17 | the court order to the Department. | ||||||
18 | (c) The Department of Human Services shall, in the form and | ||||||
19 | manner prescribed by the Department of State Police, report all | ||||||
20 | information collected under subsection (b) of Section 12 of the | ||||||
21 | Mental Health and Developmental Disabilities Confidentiality | ||||||
22 | Act for the purpose of determining whether a person who may be | ||||||
23 | or may have been a patient in a mental health facility is | ||||||
24 | disqualified under State or federal law from receiving or |
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1 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
2 | a weapon. | ||||||
3 | (d) If a person is determined to pose a clear and present | ||||||
4 | danger to himself, herself, or to others : | ||||||
5 | (1) by a physician, clinical psychologist, or | ||||||
6 | qualified examiner, law enforcement official, or school | ||||||
7 | administrator, or is determined to be developmentally | ||||||
8 | disabled by a physician, clinical psychologist, or | ||||||
9 | qualified examiner, whether employed by the State or | ||||||
10 | privately by a private mental health facility , then the | ||||||
11 | physician, clinical psychologist, or qualified examiner | ||||||
12 | shall, within 24 hours of making the determination, notify | ||||||
13 | the Department of Human Services that the person poses a | ||||||
14 | clear and present danger or is developmentally disabled; or | ||||||
15 | (2) by a law enforcement official or school | ||||||
16 | administrator, then the law enforcement official or school | ||||||
17 | administrator shall, within 24 hours of making the | ||||||
18 | determination, notify the Department of State Police that | ||||||
19 | the person poses a clear and present danger . The Department | ||||||
20 | of Human Services shall immediately update its records and | ||||||
21 | information relating to mental health and developmental | ||||||
22 | disabilities, and if appropriate, shall notify the | ||||||
23 | Department of State Police in a form and manner prescribed | ||||||
24 | by the Department of State Police. The Department of State | ||||||
25 | Police shall determine whether to revoke the person's | ||||||
26 | Firearm Owner's Identification Card under Section 8 of this |
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1 | Act. Any information disclosed under this subsection shall | ||||||
2 | remain privileged and confidential, and shall not be | ||||||
3 | redisclosed, except as required under subsection (e) of | ||||||
4 | Section 3.1 of this Act, nor used for any other purpose. | ||||||
5 | The method of providing this information shall guarantee | ||||||
6 | that the information is not released beyond what is | ||||||
7 | necessary for the purpose of this Section and shall be | ||||||
8 | provided by rule by the Department of Human Services. The | ||||||
9 | identity of the person reporting under this Section shall | ||||||
10 | not be disclosed to the subject of the report. The | ||||||
11 | physician, clinical psychologist, qualified examiner, law | ||||||
12 | enforcement official, or school administrator making the | ||||||
13 | determination and his or her employer shall not be held | ||||||
14 | criminally, civilly, or professionally liable for making | ||||||
15 | or not making the notification required under this | ||||||
16 | subsection, except for willful or wanton misconduct. | ||||||
17 | (e) The Department of State Police shall adopt rules to | ||||||
18 | implement this Section. | ||||||
19 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
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20 | Section 15. The Firearm Concealed Carry Act is amended by | ||||||
21 | changing Sections 10, 15, 20, 40, 75, and 80 as follows: | ||||||
22 | (430 ILCS 66/10)
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23 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
24 | (a) The Department shall issue a license to carry a |
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1 | concealed firearm under this Act to an applicant who: | ||||||
2 | (1) meets the qualifications of Section 25 of this Act; | ||||||
3 | (2) has provided the application and documentation | ||||||
4 | required in Section 30 of this Act; | ||||||
5 | (3) has submitted the requisite fees; and | ||||||
6 | (4) does not pose a danger to himself, herself, or | ||||||
7 | others, or a threat to public safety as determined by the | ||||||
8 | Concealed Carry Licensing Review Board in accordance with | ||||||
9 | Section 20. | ||||||
10 | (b) The Department shall issue a renewal, corrected, or | ||||||
11 | duplicate license as provided in this Act. | ||||||
12 | (c) A license shall be valid throughout the State for a | ||||||
13 | period of 5 years from the date of issuance. A license shall | ||||||
14 | permit the licensee to: | ||||||
15 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
16 | concealed or partially concealed, on or about his or her | ||||||
17 | person; and
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18 | (2) keep or carry a loaded or unloaded concealed | ||||||
19 | firearm on or about his or her person within a vehicle. | ||||||
20 | (d) The Department shall make applications for a license | ||||||
21 | available no later than 180 days after the effective date of | ||||||
22 | this Act. The Department shall establish rules for the | ||||||
23 | availability and submission of applications in accordance with | ||||||
24 | this Act. | ||||||
25 | (e) An application for a license submitted to the | ||||||
26 | Department that contains all the information and materials |
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1 | required by this Act, including the requisite fee, shall be | ||||||
2 | deemed completed. Except as otherwise provided in this Act, no | ||||||
3 | later than 90 days after receipt of a completed application, | ||||||
4 | the Department shall issue or deny the applicant a license. | ||||||
5 | (f) The Department shall deny the applicant a license if | ||||||
6 | the applicant fails to meet the requirements under this Act or | ||||||
7 | the Department receives a determination from the Board that the | ||||||
8 | applicant is ineligible for a license. The Department must | ||||||
9 | notify the applicant stating the grounds for the denial. The | ||||||
10 | notice of denial must inform the applicant of his or her right | ||||||
11 | to an appeal through administrative and judicial review. | ||||||
12 | (g) A licensee shall possess a license at all times the | ||||||
13 | licensee carries a concealed firearm except: | ||||||
14 | (1) when the licensee is carrying or possessing a | ||||||
15 | concealed firearm on his or her land or in his or her | ||||||
16 | abode, legal dwelling, or fixed place of business, or on | ||||||
17 | the land or in the legal dwelling of another person as an | ||||||
18 | invitee with that person's permission; | ||||||
19 | (2) when the person is authorized to carry a firearm | ||||||
20 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
21 | subsection (a-5) of that Section; or | ||||||
22 | (3) when the handgun is broken down in a | ||||||
23 | non-functioning state, is not immediately accessible, or | ||||||
24 | is unloaded and enclosed in a case. | ||||||
25 | (h) If an officer of a law enforcement agency initiates an | ||||||
26 | investigative stop, including but not limited to a traffic |
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1 | stop, of a licensee or a non-resident carrying a concealed | ||||||
2 | firearm under subsection (e) of
Section 40 of this Act who is | ||||||
3 | carrying a concealed firearm , upon the request of the officer | ||||||
4 | the licensee or non-resident shall disclose to the officer that | ||||||
5 | he or she is in possession of a concealed firearm under this | ||||||
6 | Act, present the license upon the request of the officer if he | ||||||
7 | or she is a licensee or present upon the request of the officer | ||||||
8 | evidence
under paragraph (2) of subsection (e) of Section 40 of | ||||||
9 | this Act that he or she is a non-resident qualified to carry
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10 | under that subsection , and identify the location of the | ||||||
11 | concealed firearm. During a traffic stop, any
passenger within | ||||||
12 | the vehicle who is a licensee or a non-resident carrying under | ||||||
13 | subsection (e) of
Section 40 of this Act must comply with the | ||||||
14 | requirements of this subsection (h). | ||||||
15 | (i) The Department shall maintain a database of license | ||||||
16 | applicants and licensees. The database shall be available to | ||||||
17 | all federal, State, and local law enforcement agencies, State's | ||||||
18 | Attorneys, the Attorney General, and authorized court | ||||||
19 | personnel. Within 180 days after the effective date of this | ||||||
20 | Act, the database shall be searchable and provide all | ||||||
21 | information included in the application, including the | ||||||
22 | applicant's previous addresses within the 10 years prior to the | ||||||
23 | license application and any information related to violations | ||||||
24 | of this Act. No law enforcement agency, State's Attorney, | ||||||
25 | Attorney General, or member or staff of the judiciary shall | ||||||
26 | provide any information to a requester who is not entitled to |
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1 | it by law. | ||||||
2 | (j) No later than 10 days after receipt of a completed | ||||||
3 | application, the Department shall enter the relevant | ||||||
4 | information about the applicant into the database under | ||||||
5 | subsection (i) of this Section which is accessible by law | ||||||
6 | enforcement agencies.
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7 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
8 | (430 ILCS 66/15)
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9 | Sec. 15. Objections by law enforcement agencies. | ||||||
10 | (a) Any law enforcement agency may submit an objection to a | ||||||
11 | license applicant based upon a reasonable suspicion that the | ||||||
12 | applicant is a danger to himself or herself or others, or a | ||||||
13 | threat to public safety. The objection shall be made by the | ||||||
14 | chief law enforcement officer of the law enforcement agency, or | ||||||
15 | his or her designee, and must include any information relevant | ||||||
16 | to the objection. If a law enforcement agency submits an | ||||||
17 | objection within 30 days after the entry of an applicant into | ||||||
18 | the database, the Department shall submit the objection and all | ||||||
19 | information available to the Board under State and federal law | ||||||
20 | related to the application to the Board within 10 days of | ||||||
21 | completing all necessary background checks. | ||||||
22 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
23 | that have been entered into the Criminal History Records | ||||||
24 | Information (CHRI) System, within the 7 years preceding the | ||||||
25 | date of application for a license, or has 3 or more arrests |
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1 | within the 7 years preceding the date of application for a | ||||||
2 | license for any combination of gang-related offenses, the | ||||||
3 | Department shall object and submit the applicant's arrest | ||||||
4 | record to the extent the Board is allowed to receive that | ||||||
5 | information under State and federal law , the application | ||||||
6 | materials, and any additional information submitted by a law | ||||||
7 | enforcement agency to the Board. For purposes of this | ||||||
8 | subsection, "gang-related offense" is an offense described in | ||||||
9 | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | ||||||
10 | Section 33G-4, or in paragraph (1) of subsection (a) of Section | ||||||
11 | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | ||||||
12 | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | ||||||
13 | of paragraph (1.5) of subsection (i) of Section 48-1 of the | ||||||
14 | Criminal Code of 2012. | ||||||
15 | (c) The referral of an objection under this Section to the | ||||||
16 | Board shall toll the 90-day period for the Department to issue | ||||||
17 | or deny the applicant a license under subsection (e) of Section | ||||||
18 | 10 of this Act, during the period of review and until the Board | ||||||
19 | issues its decision. | ||||||
20 | (d) If no objection is made by a law enforcement agency or | ||||||
21 | the Department under this Section, the Department shall process | ||||||
22 | the application in accordance with this Act.
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23 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
24 | (430 ILCS 66/20)
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25 | Sec. 20. Concealed Carry Licensing Review Board. |
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1 | (a) There is hereby created within the Department of State | ||||||
2 | Police a Concealed Carry Licensing Review Board to consider any | ||||||
3 | objection to an applicant's eligibility to obtain a license | ||||||
4 | under this Act submitted by a law enforcement agency or the | ||||||
5 | Department under Section 15 of this Act. The Board shall | ||||||
6 | consist of 7 commissioners to be appointed by the Governor, | ||||||
7 | with the advice and consent of the Senate, with 3 commissioners | ||||||
8 | residing within the First Judicial District and one | ||||||
9 | commissioner residing within each of the 4 remaining Judicial | ||||||
10 | Districts. No more than 4 commissioners shall be members of the | ||||||
11 | same political party. The Governor shall designate one | ||||||
12 | commissioner as the Chairperson. The Board shall consist of: | ||||||
13 | (1) one commissioner with at least 5 years of service | ||||||
14 | as a federal judge; | ||||||
15 | (2) 2 commissioners with at least 5 years of experience | ||||||
16 | serving as an attorney with the United States Department of | ||||||
17 | Justice; | ||||||
18 | (3) 3 commissioners with at least 5 years of experience | ||||||
19 | as a federal agent or employee with investigative | ||||||
20 | experience or duties related to criminal justice under the | ||||||
21 | United States Department of Justice, Drug Enforcement | ||||||
22 | Administration, Department of Homeland Security, or | ||||||
23 | Federal Bureau of Investigation; and | ||||||
24 | (4) one member with at least 5 years of experience as a | ||||||
25 | licensed physician or clinical psychologist with expertise | ||||||
26 | in the diagnosis and treatment of mental illness. |
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1 | (b) The initial terms of the commissioners shall end on | ||||||
2 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
3 | office for 4 years, with terms expiring on the second Monday in | ||||||
4 | January of the fourth year. Commissioners may be reappointed. | ||||||
5 | Vacancies in the office of commissioner shall be filled in the | ||||||
6 | same manner as the original appointment, for the remainder of | ||||||
7 | the unexpired term. The Governor may remove a commissioner for | ||||||
8 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
9 | serve. Commissioners shall receive compensation in an amount | ||||||
10 | equal to the compensation of members of the Executive Ethics | ||||||
11 | Commission and may be reimbursed for reasonable expenses | ||||||
12 | actually incurred in the performance of their Board duties, | ||||||
13 | from funds appropriated for that purpose. | ||||||
14 | (c) The Board shall meet at the call of the chairperson as | ||||||
15 | often as necessary to consider objections to applications for a | ||||||
16 | license under this Act. If necessary to ensure the | ||||||
17 | participation of a commissioner, the Board shall allow a | ||||||
18 | commissioner to participate in a Board meeting by electronic | ||||||
19 | communication. Any commissioner participating electronically | ||||||
20 | shall be deemed present for purposes of establishing a quorum | ||||||
21 | and voting. | ||||||
22 | (d) The Board shall adopt rules for the review of | ||||||
23 | objections and the conduct of hearings. The Board shall | ||||||
24 | maintain a record of its decisions and all materials considered | ||||||
25 | in making its decisions. All Board decisions and voting records | ||||||
26 | shall be kept confidential and all materials considered by the |
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1 | Board shall be exempt from inspection except upon order of a | ||||||
2 | court. | ||||||
3 | (e) In considering an objection of a law enforcement agency | ||||||
4 | or the Department, the Board shall review the materials | ||||||
5 | received with the objection from the law enforcement agency or | ||||||
6 | the Department. By a vote of at least 4 commissioners, the | ||||||
7 | Board may request additional information from the law | ||||||
8 | enforcement agency, Department, or the applicant, or the | ||||||
9 | testimony of the law enforcement agency, Department, or the | ||||||
10 | applicant. The Board may require that the applicant submit | ||||||
11 | electronic fingerprints to the Department for an updated | ||||||
12 | background check where the Board determines it lacks sufficient | ||||||
13 | information to determine eligibility. The Board may only | ||||||
14 | consider information submitted by the Department, a law | ||||||
15 | enforcement agency, or the applicant. The Board shall review | ||||||
16 | each objection and determine by a majority of commissioners | ||||||
17 | whether an applicant is eligible for a license. | ||||||
18 | (f) The Board shall issue a decision within 30 days of | ||||||
19 | receipt of the objection from the Department. However, the | ||||||
20 | Board need not issue a decision within 30 days if: | ||||||
21 | (1) the Board requests information from the applicant , | ||||||
22 | including but not limited to electronic fingerprints to be | ||||||
23 | submitted to the Department, in accordance with subsection | ||||||
24 | (e) of this Section, in which case the Board shall make a | ||||||
25 | decision within 30 days of receipt of the required | ||||||
26 | information from the applicant; |
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1 | (2) the applicant agrees, in writing, to allow the | ||||||
2 | Board additional time to consider an objection; or | ||||||
3 | (3) the Board notifies the applicant and the Department | ||||||
4 | that the Board needs an additional 30 days to issue a | ||||||
5 | decision. | ||||||
6 | (g) If the Board determines by a preponderance of the | ||||||
7 | evidence that the applicant poses a danger to himself or | ||||||
8 | herself or others, or is a threat to public safety, then the | ||||||
9 | Board shall affirm the objection of the law enforcement agency | ||||||
10 | or the Department and shall notify the Department that the | ||||||
11 | applicant is ineligible for a license. If the Board does not | ||||||
12 | determine by a preponderance of the evidence that the applicant | ||||||
13 | poses a danger to himself or herself or others, or is a threat | ||||||
14 | to public safety, then the Board shall notify the Department | ||||||
15 | that the applicant is eligible for a license. | ||||||
16 | (h) Meetings of the Board shall not be subject to the Open | ||||||
17 | Meetings Act and records of the Board shall not be subject to | ||||||
18 | the Freedom of Information Act. | ||||||
19 | (i) The Board shall report monthly to the Governor and the | ||||||
20 | General Assembly on the number of objections received and | ||||||
21 | provide details of the circumstances in which the Board has | ||||||
22 | determined to deny licensure based on law enforcement or | ||||||
23 | Department objections under Section 15 of this Act. The report | ||||||
24 | shall not contain any identifying information about the | ||||||
25 | applicants.
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26 | (Source: P.A. 98-63, eff. 7-9-13.) |
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1 | (430 ILCS 66/40)
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2 | Sec. 40. Non-resident license applications. | ||||||
3 | (a) For the purposes of this Section, "non-resident" means | ||||||
4 | a person who has not resided within this State for more than 30 | ||||||
5 | days and resides in another state or territory. | ||||||
6 | (b) The Department shall by rule allow for non-resident | ||||||
7 | license applications from any state or territory of the United | ||||||
8 | States with laws related to firearm ownership, possession, and | ||||||
9 | carrying, that are substantially similar to the requirements to | ||||||
10 | obtain a license under this Act. | ||||||
11 | (c) A resident of a state or territory approved by the | ||||||
12 | Department under subsection (b) of this Section may apply for a | ||||||
13 | non-resident license. The applicant shall apply to the | ||||||
14 | Department and must meet all of the qualifications established | ||||||
15 | in Section 25 of this Act, except for the Illinois residency | ||||||
16 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
17 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
18 | applicant shall submit: | ||||||
19 | (1) the application and documentation required under | ||||||
20 | Section 30 of this Act and the applicable fee; | ||||||
21 | (2) a notarized document stating that the applicant: | ||||||
22 | (A) is eligible under federal law and the laws of | ||||||
23 | his or her state or territory of residence to own or | ||||||
24 | possess a firearm; | ||||||
25 | (B) if applicable, has a license or permit to carry |
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1 | a firearm or concealed firearm issued by his or her | ||||||
2 | state or territory of residence and attach a copy of | ||||||
3 | the license or permit to the application; | ||||||
4 | (C) understands Illinois laws pertaining to the | ||||||
5 | possession and transport of firearms, and | ||||||
6 | (D) acknowledges that the applicant is subject to | ||||||
7 | the jurisdiction of the Department and Illinois courts | ||||||
8 | for any violation of this Act; and | ||||||
9 | (3) a photocopy of any certificates or other evidence | ||||||
10 | of compliance with the training requirements under Section | ||||||
11 | 75 of this Act; and | ||||||
12 | (4) a head and shoulder color photograph in a size | ||||||
13 | specified by the Department taken within the 30 days | ||||||
14 | preceding the date of the application. | ||||||
15 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
16 | identification card, a non-resident applicant shall provide | ||||||
17 | similar documentation from his or her state or territory of | ||||||
18 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
19 | Card, the applicant shall submit documentation and information | ||||||
20 | required by the Department to obtain a Firearm Owner's | ||||||
21 | Identification Card, including an affidavit that the | ||||||
22 | non-resident meets the mental health standards to obtain a | ||||||
23 | firearm under Illinois law, and the Department shall ensure | ||||||
24 | that the applicant would meet the eligibility criteria to | ||||||
25 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
26 | resident of this State. |
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1 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
2 | transporting a concealed firearm within his or her vehicle in | ||||||
3 | Illinois, if the concealed firearm remains within his or her | ||||||
4 | vehicle and the non-resident: | ||||||
5 | (1) is not prohibited from owning or possessing a | ||||||
6 | firearm under federal law; | ||||||
7 | (2) is eligible to carry a firearm in public under the | ||||||
8 | laws of his or her state or territory of residence , as
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9 | evidenced by the possession of a concealed carry license or | ||||||
10 | permit issued by his or her state of residence, if
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11 | applicable ; and | ||||||
12 | (3) is not in possession of a license under this Act. | ||||||
13 | If the non-resident leaves his or her vehicle unattended, | ||||||
14 | he or she shall store the firearm within a locked vehicle or | ||||||
15 | locked container within the vehicle in accordance with | ||||||
16 | subsection (b) of Section 65 of this Act.
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17 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
18 | (430 ILCS 66/75)
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19 | Sec. 75. Applicant firearm training. | ||||||
20 | (a) Within 60 days of the effective date of this Act, the | ||||||
21 | Department shall begin approval of firearm training courses and | ||||||
22 | shall make a list of approved courses available on the | ||||||
23 | Department's website. | ||||||
24 | (b) An applicant for a new license shall provide proof of | ||||||
25 | completion of a firearms training course or combination of |
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1 | courses approved by the Department of at least 16 hours, which | ||||||
2 | includes range qualification time under subsection (c) of this | ||||||
3 | Section, that covers the following: | ||||||
4 | (1) firearm safety; | ||||||
5 | (2) the basic principles of marksmanship; | ||||||
6 | (3) care, cleaning, loading, and unloading of a | ||||||
7 | concealable firearm; | ||||||
8 | (4) all applicable State and federal laws relating to | ||||||
9 | the ownership, storage, carry, and transportation of a | ||||||
10 | firearm; and | ||||||
11 | (5) instruction on the appropriate and lawful | ||||||
12 | interaction with law enforcement while transporting or | ||||||
13 | carrying a concealed firearm. | ||||||
14 | (c) An applicant for a new license shall provide proof of | ||||||
15 | certification by a certified instructor that the applicant | ||||||
16 | passed a live fire exercise with a concealable firearm | ||||||
17 | consisting of: | ||||||
18 | (1) a minimum of 30 rounds; and | ||||||
19 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
20 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
21 | of 10 yards at a B-27 silhouette target approved by the | ||||||
22 | Department. | ||||||
23 | (d) An applicant for renewal of a license shall provide | ||||||
24 | proof of completion of a firearms training course or | ||||||
25 | combination of courses approved by the Department of at least 3 | ||||||
26 | hours. |
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1 | (e) A certificate of completion for an applicant's firearm | ||||||
2 | training course shall not be issued to a student who: | ||||||
3 | (1) does not follow the orders of the certified | ||||||
4 | firearms instructor;
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5 | (2) in the judgment of the certified instructor, | ||||||
6 | handles a firearm in a manner that poses a danger to the | ||||||
7 | student or to others; or
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8 | (3) during the range firing portion of testing fails to | ||||||
9 | hit the target with 70% of the rounds fired. | ||||||
10 | (f) An instructor shall maintain a record of each student's | ||||||
11 | performance for at least 5 years, and shall make all records | ||||||
12 | available upon demand of authorized personnel of the | ||||||
13 | Department. | ||||||
14 | (g) The Department and certified firearms instructors | ||||||
15 | instructor shall recognize up to 8 hours of training already | ||||||
16 | completed toward the 16 hour training requirement under this | ||||||
17 | Section if the training course is submitted to and approved by | ||||||
18 | the Department and recognized under the laws of another state . | ||||||
19 | Any remaining hours that the applicant completes must at least | ||||||
20 | cover the classroom subject matter of paragraph (4) of | ||||||
21 | subsection (b) of this Section, and the range qualification in | ||||||
22 | subsection (c) of this Section. | ||||||
23 | (h) A person who has qualified to carry a firearm as an | ||||||
24 | active law enforcement or corrections officer, who has | ||||||
25 | successfully completed firearms training as required by his or | ||||||
26 | her law enforcement agency and is authorized by his or her |
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1 | agency to carry a firearm; a person currently certified as a | ||||||
2 | firearms instructor by this Act or by the Illinois Law | ||||||
3 | Enforcement Training Standards Board ; , or a person who has | ||||||
4 | completed the required training and has been issued a firearm | ||||||
5 | control card by the Department of Financial and Professional | ||||||
6 | Regulation shall be exempt from the requirements of this | ||||||
7 | Section. | ||||||
8 | (i) The Department and certified firearms instructors | ||||||
9 | shall recognize accept 8 hours of training as completed toward | ||||||
10 | the 16 hour training requirement under this Section, if the | ||||||
11 | applicant is an active, retired, or honorably discharged member | ||||||
12 | of the United States Armed Forces. Any remaining hours that the | ||||||
13 | applicant completes must at least cover the classroom subject | ||||||
14 | matter of paragraph (4) of subsection (b) of this Section, and | ||||||
15 | the range qualification in subsection (c) of this Section.
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16 | (j) The Department and certified firearms instructors | ||||||
17 | shall recognize up to 8 hours of training already
completed | ||||||
18 | toward the 16 hour training requirement under this Section if | ||||||
19 | the training course is approved
by the Department and was | ||||||
20 | completed in connection with the applicant's previous | ||||||
21 | employment as a law
enforcement or corrections officer. Any | ||||||
22 | remaining hours that the applicant completes must at least | ||||||
23 | cover the classroom
subject matter of paragraph (4) of | ||||||
24 | subsection (b) of this Section, and the range qualification in
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25 | subsection (c) of this Section. A former law enforcement or | ||||||
26 | corrections officer seeking credit under this subsection (j) |
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1 | shall provide evidence that he or she separated from employment | ||||||
2 | in good standing from each law enforcement agency where he or | ||||||
3 | she was employed. An applicant who was discharged from a law | ||||||
4 | enforcement agency for misconduct or disciplinary reasons is | ||||||
5 | not eligible for credit under this subsection (j). | ||||||
6 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
7 | (430 ILCS 66/80)
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8 | Sec. 80. Certified firearms instructors Firearms | ||||||
9 | instructor training . | ||||||
10 | (a) Within 60 days of the effective date of this Act, the | ||||||
11 | Department shall begin approval of certified firearms | ||||||
12 | instructors and enter certified firearms instructors into an | ||||||
13 | online registry on the Department's website. | ||||||
14 | (b) A person who is not a certified firearms instructor | ||||||
15 | shall not teach applicant training courses or advertise or | ||||||
16 | otherwise represent courses they teach as qualifying their | ||||||
17 | students to meet the requirements to receive a license under | ||||||
18 | this Act. Each violation of this subsection is a business | ||||||
19 | offense with a fine of at least $1,000 per violation. | ||||||
20 | (c) A person seeking to become a certified firearms | ||||||
21 | instructor shall: | ||||||
22 | (1) be at least 21 years of age; | ||||||
23 | (2) be a legal resident of the United States; and | ||||||
24 | (3) meet the requirements of Section 25 of this Act, | ||||||
25 | except for the Illinois residency
requirement in item (xiv) |
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1 | of paragraph (2) of subsection (a) of Section 4 of the | ||||||
2 | Firearm
Owners Identification Card Act; and any additional | ||||||
3 | uniformly applied requirements established by the | ||||||
4 | Department. | ||||||
5 | (d) A person seeking to become a certified firearms | ||||||
6 | instructor trainer , in addition to the requirements of | ||||||
7 | subsection (c) of this Section, shall: | ||||||
8 | (1) possess a high school diploma or GED certificate; | ||||||
9 | and | ||||||
10 | (2) have at least one of the following valid firearms | ||||||
11 | instructor certifications: | ||||||
12 | (A) certification from a law enforcement agency; | ||||||
13 | (B) certification from a firearm instructor course | ||||||
14 | offered by a State or federal governmental agency; | ||||||
15 | (C) certification from a firearm instructor | ||||||
16 | qualification course offered by the Illinois Law | ||||||
17 | Enforcement Training Standards Board; or | ||||||
18 | (D) certification from an entity approved by the | ||||||
19 | Department that offers firearm instructor education | ||||||
20 | and training in the use and safety of firearms. | ||||||
21 | (e) A person may have his or her firearms instructor | ||||||
22 | certification denied or revoked if he or she does not meet the | ||||||
23 | requirements to obtain a license under this Act, provides false | ||||||
24 | or misleading information to the Department, or has had a prior | ||||||
25 | instructor certification revoked or denied by the Department.
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26 | (Source: P.A. 98-63, eff. 7-9-13.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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