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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Family | |||||||||||||||||||||||||||
5 | and Personal Protection Act. | |||||||||||||||||||||||||||
6 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||||||||||
7 | "Concealed firearm" means a loaded or unloaded handgun | |||||||||||||||||||||||||||
8 | carried on or about a person completely or mostly concealed | |||||||||||||||||||||||||||
9 | from view of the public, or carried in a vehicle in such a way | |||||||||||||||||||||||||||
10 | as it is concealed from view of the public. | |||||||||||||||||||||||||||
11 | "Department" means the Department of State Police. | |||||||||||||||||||||||||||
12 | "Director" means the Director of State Police. | |||||||||||||||||||||||||||
13 | "Fund" means the Citizen Safety and Self-Defense Trust | |||||||||||||||||||||||||||
14 | Fund. | |||||||||||||||||||||||||||
15 | "Handgun" means any device which is designed to expel a | |||||||||||||||||||||||||||
16 | projectile or projectiles by the action of an explosion, | |||||||||||||||||||||||||||
17 | expansion of gas, or escape of gas that is designed to be held | |||||||||||||||||||||||||||
18 | and fired by the use of a single hand, and includes a | |||||||||||||||||||||||||||
19 | combination of parts from which that firearm can be assembled. | |||||||||||||||||||||||||||
20 | "Handgun" does not include a stun gun or taser. | |||||||||||||||||||||||||||
21 | "License" means a license issued by the Department of State | |||||||||||||||||||||||||||
22 | Police to carry a loaded or unloaded handgun. | |||||||||||||||||||||||||||
23 | "Licensee" means a person issued a license to carry a |
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1 | concealed firearm. | ||||||
2 | "Peace officer" means (i) any person who by virtue of his | ||||||
3 | or her office or public employment is vested by law with a duty | ||||||
4 | to maintain public order and to make arrests for offenses, | ||||||
5 | whether that duty extends to all offenses or is limited to | ||||||
6 | specific offenses, or (ii) any person who, by statute, is | ||||||
7 | granted and authorized to exercise powers similar to those | ||||||
8 | conferred upon any peace officer employed by a law enforcement | ||||||
9 | agency of this State.
The term "peace officer" does not apply | ||||||
10 | to an alderman acting as a conservator of the peace under | ||||||
11 | Section 3.1-15-25 of the Illinois Municipal Code. | ||||||
12 | Section 15. Citizen Safety and Self-Defense Trust Fund.
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13 | Fees from applications for licenses shall be deposited into the | ||||||
14 | Citizen Safety and Self-Defense Trust Fund, a special fund that | ||||||
15 | is created in the State treasury. Moneys in the Fund may be | ||||||
16 | invested and any income from investments shall be deposited | ||||||
17 | into the Fund. Subject to appropriation, moneys in the Fund | ||||||
18 | shall exclusively be used to assist the Department with the | ||||||
19 | administrative costs associated with this Act.
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20 | Section 20. Issuance of licenses to carry a concealed | ||||||
21 | firearm.
| ||||||
22 | (a) The Department shall issue a license to an applicant | ||||||
23 | who (i) meets the qualifications of Section 25; (ii) has | ||||||
24 | provided the application and documentation required in Section |
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1 | 30; and (iii) has submitted the requisite fees. The Department | ||||||
2 | shall issue a renewal, corrected, or duplicate license in | ||||||
3 | accordance with this Act. | ||||||
4 | (a-5) The Department is authorized to issue licenses to | ||||||
5 | carry a handgun under this Act. A license shall permit the | ||||||
6 | licensee to: | ||||||
7 | (1) carry a loaded or unloaded handgun on or about his | ||||||
8 | or her person, concealed or otherwise; | ||||||
9 | (2) keep or carry a loaded or unloaded handgun on or | ||||||
10 | about his or her person when in a vehicle; and | ||||||
11 | (3) keep a loaded or unloaded handgun openly or | ||||||
12 | concealed in a vehicle.
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13 | (a-10) A licensee shall possess a license at all times the | ||||||
14 | licensee carries a concealed firearm except (i) if the person | ||||||
15 | is carrying or possessing a concealed firearm and the person is | ||||||
16 | on his or her land or in his or her abode or legal dwelling or | ||||||
17 | in the abode or legal dwelling of another person as an invitee | ||||||
18 | with that person's permission; (ii) if the person is authorized | ||||||
19 | to carry a firearm under Section 24-2 of the Criminal Code of | ||||||
20 | 2012; or (iii) the handgun is broken down in a non-functioning | ||||||
21 | state, is not immediately accessible, or is enclosed in a case, | ||||||
22 | firearm carrying box, shipping box, or any other container.
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23 | (a-15) A licensee shall display the license upon the | ||||||
24 | request of a peace officer or person designated to enforce the | ||||||
25 | provisions of Section 70.
| ||||||
26 | (b) The Department shall make applications for a license |
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1 | available upon the effective date of this Act. Applications | ||||||
2 | shall be available at Department locations, on the Department's | ||||||
3 | official website, and any other location designated by the | ||||||
4 | Department. | ||||||
5 | (c) A completed application for a license shall be | ||||||
6 | submitted to the Department with all accompanying materials and | ||||||
7 | fees. The Department shall promptly return an incomplete | ||||||
8 | application to the applicant. Each
applicant for a license | ||||||
9 | shall submit a $25 application fee to the Department which | ||||||
10 | shall be deposited into the
Citizen Safety and Self-Defense | ||||||
11 | Trust Fund. | ||||||
12 | (d) The Department may consider an objection to an | ||||||
13 | application,
provided the objection is in writing, includes | ||||||
14 | specific reasons
for the objection, and is submitted with the | ||||||
15 | application by a
municipal law enforcement agency or sheriff.
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16 | Any objection submitted by a sheriff or a municipal law | ||||||
17 | enforcement
agency including reports submitted to the | ||||||
18 | Department
must be disclosed to the applicant unless
disclosure | ||||||
19 | would interfere with a criminal investigation.
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20 | (e) Notwithstanding subsection (a), the Department may
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21 | consider any objection or recommendation made by the sheriff or | ||||||
22 | a municipal law enforcement agency that demonstrates the | ||||||
23 | applicant is a danger to himself, herself, or others. Based | ||||||
24 | upon those objections, if the applicant is found by the | ||||||
25 | Department to be a danger to himself, herself, or others, the | ||||||
26 | Department shall deny the application and
notify the applicant |
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1 | and the sheriff or the municipal law enforcement agency in | ||||||
2 | writing, stating the grounds for denial. The notice of denial | ||||||
3 | must inform the applicant that he or she may, within 30 days, | ||||||
4 | appeal the denial and submit additional materials relevant to | ||||||
5 | the grounds for denial. Upon receiving the additional | ||||||
6 | documentation, the
Department shall reconsider its decision | ||||||
7 | and inform the
applicant within 30 days of the result of the | ||||||
8 | reconsideration.
If upon reconsideration the Department denies | ||||||
9 | the application,
the applicant must be informed of the right to | ||||||
10 | administrative
review.
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11 | (f) During an administrative or judicial review of a denial | ||||||
12 | based on subsection (d) or (e) of this Section, the Department | ||||||
13 | shall have the burden of proving by clear and convincing | ||||||
14 | evidence that the applicant would pose a danger to the | ||||||
15 | applicant's self, another, or public safety, or would use a | ||||||
16 | firearm unlawfully, if granted a license to carry a concealed | ||||||
17 | firearm under this Act. | ||||||
18 | (g) The license shall be issued by the Department within 30 | ||||||
19 | days of receipt of a completed application. A license shall be | ||||||
20 | valid throughout the State for a period of 5 years. If the | ||||||
21 | Department does not act on the application within the 30-day | ||||||
22 | period, the applicant may file, in the circuit court of the | ||||||
23 | judicial circuit in which the applicant resides, a complaint | ||||||
24 | for mandamus to compel a decision on the application. If the | ||||||
25 | applicant prevails, he or she shall be entitled to all costs, | ||||||
26 | fees, and damages. If the court decides that the reason for the |
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1 | denial was
arbitrary, capricious, malicious, or without merit, | ||||||
2 | the court shall award punitive damages.
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3 | (h) Any Illinois resident who has a license or permit to | ||||||
4 | carry a handgun issued by another state shall be able to carry | ||||||
5 | a handgun in accordance with this Act using that license for | ||||||
6 | 180 days following the effective date of this Act. | ||||||
7 | (i) The Department shall adopt rules to implement the | ||||||
8 | provisions of this Section.
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9 | Section 25. Qualifications of an applicant for a license. | ||||||
10 | The Department shall issue a license to an applicant completing | ||||||
11 | an application in accordance with Section 30 of this Act if the | ||||||
12 | person: | ||||||
13 | (a) is at least 21 years of age; | ||||||
14 | (b) has a valid Firearm Owner's Identification Card or, | ||||||
15 | if applying for a non-resident license, has a notarized | ||||||
16 | document stating that the applicant is eligible under | ||||||
17 | federal law and the laws of his or her home state to | ||||||
18 | possess a firearm; | ||||||
19 | (c) is not prohibited under the Firearm Owners | ||||||
20 | Identification Card Act or federal law from possessing or | ||||||
21 | receiving a firearm; | ||||||
22 | (d) is not the subject of a pending arrest warrant, | ||||||
23 | prosecution, or proceeding for an offense or action that | ||||||
24 | could lead to disqualification under subsection (c); | ||||||
25 | (e) does not chronically or habitually abuse alcoholic |
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1 | beverages, as evidenced by either of the following within | ||||||
2 | the 3 years immediately preceding the application: | ||||||
3 | (1) residential or court-ordered treatment for | ||||||
4 | alcoholism or alcohol detoxification; or | ||||||
5 | (2) 2 or more convictions for driving while under | ||||||
6 | the influence or driving while intoxicated; and
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7 | (f) has completed firearms training and any | ||||||
8 | educational component required in Section 85 of this Act.
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9 | Section 30. Contents of application.
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10 | (a) The application shall be in writing, under oath and | ||||||
11 | penalty of perjury, on a standard form adopted by the | ||||||
12 | Department and shall be accompanied by the documentation | ||||||
13 | required in this Section and all applicable fees. | ||||||
14 | (b) The application shall contain the following | ||||||
15 | information: | ||||||
16 | (1) the applicant's name, current address, gender, | ||||||
17 | date and year of birth, place of birth, height, weight, | ||||||
18 | hair color, eye
color, maiden name or any other name the | ||||||
19 | applicant has used or identified with, and any address at | ||||||
20 | which the applicant
resided for more than 30 days within | ||||||
21 | the 5 years preceding the date of the application; | ||||||
22 | (2) the applicant's drivers license or state | ||||||
23 | identification card number and the last 4 digits of the | ||||||
24 | applicant's social
security number; | ||||||
25 | (3) questions to certify or demonstrate the applicant |
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1 | has completed firearms training and any educational | ||||||
2 | component required in Section 85 of this Act; | ||||||
3 | (4) a statement that the applicant is a resident of the | ||||||
4 | State of Illinois, except persons applying under Section 65 | ||||||
5 | shall be instructed to submit the information required in | ||||||
6 | that Section; | ||||||
7 | (5) a waiver of privacy and confidentiality rights and | ||||||
8 | privileges enjoyed by the applicant under State and federal | ||||||
9 | law sufficient to obtain access to juvenile court, criminal | ||||||
10 | justice, psychological, or psychiatric records, or records | ||||||
11 | relating to the applicant's history, if any, of | ||||||
12 | institutionalization or inpatient treatment for alcoholism | ||||||
13 | or alcohol detoxification, as well as an affirmative | ||||||
14 | request that any person having custody of those records | ||||||
15 | provide copies of them or information concerning them to | ||||||
16 | the Department for the sole purpose of making a | ||||||
17 | determination of an applicant's eligibility under Section | ||||||
18 | 25; | ||||||
19 | (6) a conspicuous warning that false statements made by | ||||||
20 | the applicant will result in prosecution for perjury in | ||||||
21 | accordance with Section 32-2 of the Criminal Code of 2012; | ||||||
22 | (7) an affirmation that the applicant either possesses | ||||||
23 | a currently valid Illinois Firearm Owner's Identification | ||||||
24 | Card, in which case the application shall include the card | ||||||
25 | number, or is applying for the card in conjunction with the | ||||||
26 | application for a license, except persons applying under |
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1 | Section 65 shall be instructed to submit a copy of a valid | ||||||
2 | license to carry a handgun issued by their home state, if | ||||||
3 | applicable, or submit a notarized document stating the | ||||||
4 | applicant is eligible under the laws of his or her home | ||||||
5 | state to possess a handgun; and | ||||||
6 | (8) an affirmation that the applicant meets the | ||||||
7 | requirements of Section 25 and is not prohibited under the | ||||||
8 | Firearm Owners Identification Card Act or federal law from | ||||||
9 | possessing a firearm. | ||||||
10 | (c) A person applying for a license shall provide a head | ||||||
11 | and shoulder color photograph in a size specified by the | ||||||
12 | Department that was taken within the 30
days preceding the date | ||||||
13 | of the application. The applicant shall consent to the | ||||||
14 | Department reviewing and using the
applicant's digital | ||||||
15 | driver's license or Illinois Identification Card photograph | ||||||
16 | and signature, if available. The Secretary of State shall allow | ||||||
17 | the Department access to the photograph and signature for the | ||||||
18 | purpose of identifying the applicant and issuing the applicant | ||||||
19 | a license. | ||||||
20 | (d) The Department may request a person applying for a | ||||||
21 | license to submit a full set of legible fingerprints if | ||||||
22 | necessary to determine the person's identity. Fingerprinting | ||||||
23 | may be administered by the Department or any other federal, | ||||||
24 | State, county, or municipal law enforcement agency or private | ||||||
25 | vendor or company. The cost of fingerprinting shall be paid by | ||||||
26 | the applicant, provided that the Department or law enforcement |
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1 | agency may charge no more than $15 for a single set of | ||||||
2 | fingerprints. The Department shall accept a hard copy or | ||||||
3 | electronic version of the fingerprints. | ||||||
4 | (e) A person applying for a license shall submit a | ||||||
5 | photocopy of a certificate or other evidence of completion of a | ||||||
6 | course to show compliance with Section 85 of this Act. | ||||||
7 | (f) The Department is authorized to establish a system for | ||||||
8 | electronically submitting applications, including applications | ||||||
9 | for renewal or a replacement license.
| ||||||
10 | Section 35. Database of applicants and licensees. Not more | ||||||
11 | than one year after the effective date of this Act: | ||||||
12 |
(a) The Department shall maintain a database of applicants | ||||||
13 | for a license and licenses. The database shall be available to | ||||||
14 | all Illinois law enforcement agencies, State's Attorneys, and | ||||||
15 | the Attorney General. Members and staff of the judiciary may | ||||||
16 | access the database for the purpose of determining whether to | ||||||
17 | confiscate a license or to ensure compliance with this Act or | ||||||
18 | any other law. The database shall be searchable and provide all | ||||||
19 | information included in the application, a photo of the | ||||||
20 | applicant or licensee, and any information related to | ||||||
21 | violations of this Act. | ||||||
22 | (a-5) Individual law enforcement agencies or any other | ||||||
23 | entity of local government shall not maintain any separate | ||||||
24 | records, lists, or searchable databases of applicants and | ||||||
25 | licensees containing information included in the Department's |
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1 | database. Any law enforcement agency or other entity that | ||||||
2 | violates this Section shall be liable for all costs, fees, and | ||||||
3 | damages of not less than $5,000 per record or name kept in | ||||||
4 | violation of this Section. | ||||||
5 | (b) The Department shall make available on its website and | ||||||
6 | upon request under the Freedom of Information Act statistical | ||||||
7 | information about the number of licenses issued by county, age, | ||||||
8 | race, or gender. The report shall be updated monthly. Except as | ||||||
9 | provided in this subsection, applications and information in | ||||||
10 | the database shall be confidential and exempt from disclosure | ||||||
11 | under the Freedom of Information Act. The Department may answer | ||||||
12 | requests to confirm or deny whether a person has been issued a | ||||||
13 | license as part of inquiries dealing with a criminal | ||||||
14 | investigation. Individual law enforcement agencies, State's | ||||||
15 | Attorneys, the Attorney General, members of the judiciary, and | ||||||
16 | judicial staff shall sign a confidentiality agreement, | ||||||
17 | prepared by the Department, prior to receiving access to the | ||||||
18 | database. No law enforcement agency, State's Attorney, the | ||||||
19 | Attorney General, or member or staff of the judiciary, other | ||||||
20 | than the Department, shall provide any information to a | ||||||
21 | requester not entitled to it by law, except as required or | ||||||
22 | necessary for the conduct of a criminal investigation.
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23 | Section 40. Suspension or revocation of a license. | ||||||
24 | (a) A license issued or renewed under this Act shall be | ||||||
25 | revoked if, at any time, the licensee is found ineligible for a |
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1 | license based on the criteria set forth in Section 25 of this | ||||||
2 | Act or the licensee no longer possesses a Firearm Owner's | ||||||
3 | Identification Card or a non-resident licensee if his or her | ||||||
4 | home state has revoked a license to carry a firearm. A license | ||||||
5 | shall not be revoked unless the revocation is for reasons | ||||||
6 | specifically authorized by this Act. This subsection shall not | ||||||
7 | apply to a person who has filed an application with the State | ||||||
8 | Police for renewal of a Firearm Owner's Identification Card and | ||||||
9 | who is not otherwise ineligible to obtain a Firearm Owner's | ||||||
10 | Identification Card.
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11 | (b) A license shall be suspended if an order of protection | ||||||
12 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
13 | or under Section 214 of the Illinois Domestic Violence Act of | ||||||
14 | 1986 is issued against a licensee. The license shall be | ||||||
15 | suspended for the duration of the order or until the order is | ||||||
16 | terminated by a court and the Department shall not reissue or | ||||||
17 | renew a license for the duration of the order or until the | ||||||
18 | order is terminated. If an order of protection is issued | ||||||
19 | against a licensee, the licensee shall surrender the license, | ||||||
20 | as applicable, to the court at the time the order is entered or | ||||||
21 | to the law enforcement agency or entity designated to serve | ||||||
22 | process at the time the licensee is served the order. The | ||||||
23 | court, law enforcement agency, or entity responsible for | ||||||
24 | serving the order shall transmit the license to the Department. | ||||||
25 | (c) The Department may suspend a license for a violation of | ||||||
26 | Section 70 of this Act in accordance with subsection (i) of |
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1 | Section 70. | ||||||
2 | (d) A license shall be invalid upon expiration of the | ||||||
3 | license, unless the licensee has submitted an application to | ||||||
4 | renew the license. A person who fails to renew his or her | ||||||
5 | license within 6 months after its expiration must reapply for a | ||||||
6 | new license and pay the fee for a new application. | ||||||
7 | (e) The Department may suspend a license for up to 90 days | ||||||
8 | if a licensee fails to submit a change of address or name or | ||||||
9 | fails to report a lost or destroyed license to the Department | ||||||
10 | within 60 days of the discovery of the loss or destruction of | ||||||
11 | the license.
| ||||||
12 | Section 45. Renewal of license.
| ||||||
13 | (a) Not later than 120 days before the expiration of any | ||||||
14 | license issued under this Act, the Department shall notify the | ||||||
15 | licensee in writing of the expiration and furnish an | ||||||
16 | application for renewal of the license or make the application | ||||||
17 | available on-line. | ||||||
18 | (b) Applications for renewal of a license shall be made to | ||||||
19 | the Department. A license shall be renewed for a period of 5 | ||||||
20 | years upon receipt of a completed renewal application and a $25 | ||||||
21 | renewal fee. An applicant for a renewal shall submit, on a form | ||||||
22 | prescribed by the Department, proof that the applicant has: (i) | ||||||
23 | participated in at least one shooting competition with a
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24 | handgun within 6 months of the application for renewal and | ||||||
25 | attested to by any instructor qualified under this Act; or
(ii) |
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1 | completed an equivalent range exercise as prescribed in
Section | ||||||
2 | 85 and attested to by any instructor qualified under this Act.
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3 | The Department shall make the range recertification form | ||||||
4 | available on its website or as part of a renewal application.
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5 | Section 50. Change of address, change of name, or lost or | ||||||
6 | destroyed licenses.
| ||||||
7 | (a) The licensee shall notify the Department within 60 days | ||||||
8 | of: (i) moving or changing a residence or any change of name; | ||||||
9 | or (ii) the discovery of the loss or destruction of a license. | ||||||
10 | (b) If a licensee changes residence within this State or | ||||||
11 | changes his or her name, the licensee shall request a new | ||||||
12 | license. The licensee shall submit a $25 fee, a notarized | ||||||
13 | statement that the licensee has changed residence or his or her | ||||||
14 | name, and a photograph as required in Section 30 of this Act. | ||||||
15 | The statement must include the prior and current address or | ||||||
16 | name and the date the applicant moved or changed his or her | ||||||
17 | name. | ||||||
18 | (c) A lost or destroyed license shall be invalid. To | ||||||
19 | request a new license, the licensee shall submit (i) a $25 fee, | ||||||
20 | (ii) a notarized statement that the licensee no longer | ||||||
21 | possesses the license and that it was lost or destroyed, or | ||||||
22 | (iii) a copy of a police report stating that the license was | ||||||
23 | lost, destroyed, or stolen, and (iv) a photograph as required | ||||||
24 | in Section 30 of this Act.
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1 | Section 65. Non-resident applications and reciprocity. | ||||||
2 | (a) A person from another state or territory of the United | ||||||
3 | States may apply for a non-resident license. The applicant | ||||||
4 | shall apply to the Department and must meet the qualifications | ||||||
5 | established in Section 25. The applicant shall submit: | ||||||
6 | (1) the application and documentation required in | ||||||
7 | Section 30; | ||||||
8 | (2) a notarized document stating the applicant: | ||||||
9 | (A) is eligible under federal law and the laws of | ||||||
10 | his or her home state to possess a firearm; | ||||||
11 | (B) if applicable, has a license or permit to carry | ||||||
12 | a firearm or concealed firearm issued by his or her | ||||||
13 | home state and that a copy is attached to the | ||||||
14 | application; | ||||||
15 | (C) is familiar with Illinois laws pertaining to | ||||||
16 | the possession and transport of firearms; and | ||||||
17 | (D) acknowledges that the applicant is subject to | ||||||
18 | the jurisdiction of the Department and Illinois courts | ||||||
19 | for any violation of this Act; and | ||||||
20 | (3) a $25 application fee. | ||||||
21 | In lieu of an Illinois State driver's license or | ||||||
22 | identification card, the person shall provide similar | ||||||
23 | documentation from his or her state or territory. | ||||||
24 | (b)(1) Notwithstanding subsection (a) a nonresident of | ||||||
25 | Illinois may carry a handgun in accordance with this Act if the | ||||||
26 | nonresident: |
| |||||||
| |||||||
1 | (A) is 21 years of age or older; | ||||||
2 | (B) has in his or her immediate possession a valid | ||||||
3 | license that authorizes the individual to carry a concealed | ||||||
4 | firearm issued to him or her by another state; and | ||||||
5 | (C) is a legal resident of the United States. | ||||||
6 | The Department shall enter into reciprocal agreements with | ||||||
7 | any other state whose requirements to obtain a license or | ||||||
8 | permit is substantially similar to those requirements | ||||||
9 | contained in Section 85. | ||||||
10 | This paragraph (1) of subsection (b) applies only to | ||||||
11 | nonresident concealed weapon or concealed firearm license | ||||||
12 | holders from states that honor Illinois concealed weapon or | ||||||
13 | concealed firearm licenses. | ||||||
14 | (2) A nonresident is subject to the same laws and | ||||||
15 | restrictions with respect to carrying a handgun as a resident | ||||||
16 | of Illinois who is licensed under this Act. | ||||||
17 | (3) If the resident of another state who is the holder of a | ||||||
18 | valid license to carry a concealed weapon or concealed firearm | ||||||
19 | issued in another state establishes legal residence in this | ||||||
20 | State the license shall remain in effect for 90 days following | ||||||
21 | the date on which the holder of the license establishes legal | ||||||
22 | residence in this State.
For the purposes of this paragraph, | ||||||
23 | the person may establish legal residence in this State by: (A) | ||||||
24 | registering to vote; or
(B) obtaining an Illinois driver's | ||||||
25 | license or state identification card; or
(C) filing for | ||||||
26 | homestead tax exemption on property in this State.
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| |||||||
1 | Section 70. Restrictions.
| ||||||
2 | (a) No license issued under this Act shall authorize any | ||||||
3 | person to knowingly carry a concealed firearm into: | ||||||
4 | (1) Any building under control of the General Assembly | ||||||
5 | or any of its support service agencies, including the | ||||||
6 | portion of a building in which a committee of the General | ||||||
7 | Assembly convenes for the purpose of conducting meetings of | ||||||
8 | committees, joint committees, or legislative commissions; | ||||||
9 | except that nothing in this Section shall prevent a member | ||||||
10 | of the General Assembly from allowing licensees to carry a | ||||||
11 | firearm into his or her district office.
| ||||||
12 | (2) Any courthouse or part of that building that is | ||||||
13 | occupied by the Circuit, Appellate, or Supreme Court, or a | ||||||
14 | room designated for court proceedings by any of these | ||||||
15 | courts, except as provided in subsection (a-5). | ||||||
16 | (3) Any meeting of the governing body of a unit of | ||||||
17 | local government or special district. | ||||||
18 | (4) Any establishment licensed to dispense alcoholic | ||||||
19 | beverages for consumption on the premises if less than 50% | ||||||
20 | of its annual gross income comes from the sale of food. | ||||||
21 | (5) Any secure area of an airport to which access is | ||||||
22 | controlled by the inspection of persons and property. | ||||||
23 | (6) Any place where the carrying of a firearm is | ||||||
24 | prohibited by federal law. | ||||||
25 | (7) Any elementary or secondary school building |
| |||||||
| |||||||
1 | without the consent of school authorities. School | ||||||
2 | authorities shall inform the appropriate law enforcement | ||||||
3 | agency and any law enforcement personnel on site of that | ||||||
4 | consent. | ||||||
5 | (8) Any portion of a building used as a child care | ||||||
6 | facility without the consent of the owner or manager. | ||||||
7 | Nothing in this Section shall prevent the operator of a | ||||||
8 | child care facility in a family home from owning or | ||||||
9 | possessing a firearm or license. | ||||||
10 | (9) Any casino licensed under the Riverboat Gambling | ||||||
11 | Act. This shall not apply to any place of business that is | ||||||
12 | not a casino licensed for video gaming. | ||||||
13 | (10) Any gated area of an amusement park. | ||||||
14 | (11) Any stadium, arena, or collegiate or professional | ||||||
15 | sporting event. | ||||||
16 | (12) A residential mental health facility. | ||||||
17 | (13) Any community college, college, or university | ||||||
18 | building without consent of the school authorities. School | ||||||
19 | authorities shall inform the appropriate law enforcement | ||||||
20 | agency and any law enforcement personnel on site of that | ||||||
21 | consent. A community college, college, or university may | ||||||
22 | prohibit the carrying of a firearm on its campus. | ||||||
23 | (14) A public library building without the written | ||||||
24 | consent of the library's governing body. The governing body | ||||||
25 | shall inform the appropriate law enforcement agency of that | ||||||
26 | consent.
|
| |||||||
| |||||||
1 | (15) Any police, sheriff, or State Police office or | ||||||
2 | station without the consent of the chief law enforcement | ||||||
3 | officer in charge of that office or station. | ||||||
4 | (16) Any adult or juvenile detention or correctional | ||||||
5 | institution, prison, or jail. | ||||||
6 | (a-5) Judges, State's Attorneys and assistant State's | ||||||
7 | Attorneys with the permission of the State's Attorney, who | ||||||
8 | possess a valid license under this Act may possess a firearm in | ||||||
9 | any courthouse in which they are employed, but shall be | ||||||
10 | required to follow any rules applicable to sworn peace officers | ||||||
11 | to maintain facility security. | ||||||
12 | (b) A municipality or school district may prohibit or limit | ||||||
13 | licensees from carrying a firearm into or within any building | ||||||
14 | or portion of any building owned, leased, or controlled by the | ||||||
15 | municipality or school district by a majority vote of the | ||||||
16 | members of its legislative body or governing board. The | ||||||
17 | resolution, ordinance, or policy shall not prohibit a licensee | ||||||
18 | from carrying a concealed firearm into or within any building | ||||||
19 | used for public housing; into or within any publicly-accessible | ||||||
20 | restroom or rest stop; into, within, or on any bridge, tunnel, | ||||||
21 | overpass, underpass, elevated walkway, or other structure used | ||||||
22 | as a public right of way; or into or within any | ||||||
23 | publicly-accessible parking facility. The resolution, | ||||||
24 | ordinance, or policy shall not prohibit a licensee from | ||||||
25 | carrying a concealed firearm in a public transportation | ||||||
26 | facility or while accessing the services of a public |
| |||||||
| |||||||
1 | transportation agency, including while traveling via public | ||||||
2 | transportation. For purposes of this Section, "public | ||||||
3 | transportation agency" means a public or private agency, or any | ||||||
4 | combination thereof, that provides for the transportation or | ||||||
5 | conveyance of persons by means available to the general public, | ||||||
6 | except taxicabs, livery cabs, or limousines. Violators of the | ||||||
7 | resolution or ordinance may be removed from the premises and | ||||||
8 | assessed a civil fine of up to $100. | ||||||
9 | (c) The owner of a business or commercial lessee, or a | ||||||
10 | private business enterprise, or any other private | ||||||
11 | organization, entity, or person, may prohibit licensees from | ||||||
12 | carrying a concealed firearm on the premises under its control. | ||||||
13 | However, a private landlord of a residential or commercial | ||||||
14 | property shall not prohibit any lessee from possessing or | ||||||
15 | carrying a firearm in accordance with this Act in or on the | ||||||
16 | leased premises or during ingress or egress of the leased | ||||||
17 | premises. The owner, business or commercial lessee, or manager | ||||||
18 | of a private business enterprise or any other private | ||||||
19 | organization, entity, or person who allows the carrying of a | ||||||
20 | firearm by a licensee shall not be liable for any act of the | ||||||
21 | licensee that arises out of the licensee carrying a firearm. | ||||||
22 | (c-1) The Governor, Lieutenant Governor, Attorney General, | ||||||
23 | Secretary of State, Comptroller, or Treasurer may prohibit | ||||||
24 | licensees from carrying a handgun in buildings under their | ||||||
25 | control. | ||||||
26 | (d) Any person licensed under this Act who is prohibited |
| |||||||
| |||||||
1 | from carrying a concealed firearm into a building by the | ||||||
2 | provisions of subsection (a) or under an ordinance, resolution, | ||||||
3 | or policy adopted in accordance with subsection (b) or (c) | ||||||
4 | shall be permitted to store that firearm or ammunition out of | ||||||
5 | plain sight in his or her locked vehicle or in a locked | ||||||
6 | compartment or container within or securely affixed to the | ||||||
7 | outside of the vehicle. A licensee shall not be in violation of | ||||||
8 | this Section while he or she is traversing a public right of | ||||||
9 | way that touches or crosses any of the premises specified in | ||||||
10 | subsection (a) or from which firearms are prohibited under the | ||||||
11 | provisions of subsection (b) or (c), provided that the firearm | ||||||
12 | is carried on his or her person in accordance with this Act or | ||||||
13 | is being transported in a case or container in accordance with | ||||||
14 | applicable law. A licensee shall not be in violation of | ||||||
15 | subsection (b) or (c) if the responsible party for the premises | ||||||
16 | fails to conspicuously post notice of the prohibition at all | ||||||
17 | public entrances to the building in accordance with subsection | ||||||
18 | (g). | ||||||
19 | (e) If a law enforcement officer initiates an investigative | ||||||
20 | stop, including but not limited to a traffic stop, of a | ||||||
21 | licensee who is carrying a concealed firearm, the licensee | ||||||
22 | shall disclose as soon as reasonably possible to the officer | ||||||
23 | that he or she is in possession of a concealed firearm under | ||||||
24 | this Act. Disclosure may be accomplished by oral notification | ||||||
25 | or by providing or displaying the license to carry a concealed | ||||||
26 | firearm to the officer. |
| |||||||
| |||||||
1 | (f) A licensee shall not carry a handgun while under the | ||||||
2 | influence of illegal drugs or hallucinogenic drugs or alcohol. | ||||||
3 | For the purposes of this subsection (f), under the influence of | ||||||
4 | alcohol means a blood alcohol content of .08 or greater. | ||||||
5 | (g) Signs stating that the carrying of a firearm is | ||||||
6 | prohibited shall be clearly and conspicuously posted at every | ||||||
7 | entrance
of a building or premises specified in subsection (a) | ||||||
8 | or designated in accordance with subsection (b) or (c). Signs | ||||||
9 | shall be of a uniform size and design, not smaller than 6 | ||||||
10 | inches by 6 inches as prescribed by the Department. The | ||||||
11 | Department shall adopt rules for standardized signs to be used | ||||||
12 | under this subsection.
| ||||||
13 | (h) A violation of subsection (a), (b), (c), (d), (e), or | ||||||
14 | (f) is a petty offense. A willful violation of subsection (a), | ||||||
15 | (b), (c), (d), or (f) is
a Class B misdemeanor. The court may | ||||||
16 | require a licensee to pay a $50 fee, in addition to any other | ||||||
17 | fees or court costs,
for a violation of subsection (e) which | ||||||
18 | shall be deposited into the Citizen Safety and Self-Defense | ||||||
19 | Trust Fund. | ||||||
20 | (i) The Department may suspend a license for up to 30 days | ||||||
21 | for a second violation of subsection (a), (b), (c), (d), or (f) | ||||||
22 | or up to 90
days for a willful violation of subsection (a), | ||||||
23 | (b), (c), (d), or (f). The Department may permanently revoke a | ||||||
24 | license for 3 or
more violations of this Section. | ||||||
25 | Section 75. Immunity, employees, and agents. The office of |
| |||||||
| |||||||
1 | the county sheriff, or any employee or agent of the county | ||||||
2 | sheriff, or the Department of State Police shall not be liable | ||||||
3 | for damages in any civil action arising from alleged wrongful | ||||||
4 | or improper granting, renewing, or failure to revoke licenses | ||||||
5 | issued under this Act, except for willful or wanton misconduct. | ||||||
6 | The office of the county sheriff and any employees or agents | ||||||
7 | shall not be liable for submitting specific or articulable | ||||||
8 | reasons why an applicant should be denied a license, unless the | ||||||
9 | objection contains false, malicious, or inaccurate information | ||||||
10 | and the objection constituted willful and wanton misconduct. | ||||||
11 | Any owner, business or commercial lessee, landlord, manager of | ||||||
12 | a private business enterprise, employer, or any other | ||||||
13 | organization, entity, person, public or private college, | ||||||
14 | university, or post-secondary educational institution that | ||||||
15 | does not prohibit licensees from carrying firearms on property | ||||||
16 | it owns or occupies is immune from any liability arising from | ||||||
17 | its decision. | ||||||
18 | Section 80. Fees. | ||||||
19 | (a) Fees collected under this Act by the Department and | ||||||
20 | deposited into the Citizen Safety and Self-Defense Trust Fund | ||||||
21 | shall be appropriated for administration of this Act. | ||||||
22 | (b) Fees shall be: | ||||||
23 | New license: $25. | ||||||
24 | Renewal of license: $25. | ||||||
25 | Duplicate license due to lost or destroyed: $15. |
| |||||||
| |||||||
1 | Corrected license due to change of address or name: $15. | ||||||
2 | (c) By March 1 of each year, the Department shall submit a | ||||||
3 | statistical report to the Governor, the President of the | ||||||
4 | Senate, and the Speaker of the House of Representatives | ||||||
5 | indicating the number of licenses issued, revoked, suspended, | ||||||
6 | denied, and issued after appeal since the last report and in | ||||||
7 | total and also the number of licenses currently valid. The | ||||||
8 | report shall also include the number of arrests and convictions | ||||||
9 | and the types of crimes committed by licensees since the last | ||||||
10 | report. | ||||||
11 | (d) The Secretary of State shall conduct a study to | ||||||
12 | determine the cost and feasibility of creating a method of | ||||||
13 | adding an identifiable code, background, or other means to show | ||||||
14 | that an individual has been issued a license by the Department | ||||||
15 | on the person's driver's license. | ||||||
16 | Section 85. Applicant training. | ||||||
17 | (a) Applicants shall provide proof of completion of at | ||||||
18 | least one of the following courses: | ||||||
19 | (1) NRA Basic Personal Protection In The Home Course. | ||||||
20 | (2) NRA Basics of Personal Protection Outside The Home | ||||||
21 | Course. | ||||||
22 | (3) NRA Basic Pistol Shooting Course. | ||||||
23 | (4) Any other firearms training course of at least 4 | ||||||
24 | hours that covers the following: | ||||||
25 | (A) handgun safety in the classroom, at home, on |
| |||||||
| |||||||
1 | the firing range, and while carrying the firearm; | ||||||
2 | (B) the basic principles of marksmanship; | ||||||
3 | (C) care and cleaning of handguns; | ||||||
4 | (D) laws relating to the justifiable use of force. | ||||||
5 | (b) Applicants shall provide proof of certification by a | ||||||
6 | certified instructor that the applicant passed a live fire | ||||||
7 | exercise with a handgun consisting of: | ||||||
8 | (1) a minimum of 30 rounds; and | ||||||
9 | (2) 20 rounds from a distance of 7 yards and 10 rounds | ||||||
10 | from a distance of 15 yards at a B-21 silhouette or | ||||||
11 | equivalent target as approved by the Department. | ||||||
12 | (b-5) Students shall provide their own safe, functional | ||||||
13 | handgun and factory-loaded ammunition. | ||||||
14 | (b-6) Grades of "passing" shall not be given on range work | ||||||
15 | to an applicant who: | ||||||
16 | (1) does not follow the orders of the certified | ||||||
17 | firearms instructor; | ||||||
18 | (2) in the judgment of the certified firearms | ||||||
19 | instructor, handles a firearm in a manner that poses a | ||||||
20 | danger to the applicant or to others; or | ||||||
21 | (3) during the testing portion of the range work fails | ||||||
22 | to hit the silhouette portion of the target with 70% of the | ||||||
23 | 30 rounds fired. | ||||||
24 | (c) The classroom portion of the course may, at the | ||||||
25 | qualified firearms instructor's discretion, be divided into | ||||||
26 | segments of not less than 2 hours each. |
| |||||||
| |||||||
1 | (d) Applicant training courses shall not be open to anyone | ||||||
2 | under the age of 16 and no certificate of completion shall be | ||||||
3 | issued to persons less than 20 years of age. | ||||||
4 | (e) Instructors shall maintain all records for students' | ||||||
5 | performance for not less than 5 years. | ||||||
6 | (f) Certified firearms instructors shall: | ||||||
7 | (1) allow monitoring of their classes by officials of | ||||||
8 | any certifying agency; | ||||||
9 | (2) make all course records available upon demand to | ||||||
10 | authorized personnel of the Department; and | ||||||
11 | (3) not divulge course records except as authorized by | ||||||
12 | the certifying agency. | ||||||
13 | (g) Fees for applicant training courses shall be set by the | ||||||
14 | instructor. | ||||||
15 | (h) An applicant training course shall not have more than | ||||||
16 | 40 students in the classroom portion nor more than 5 students | ||||||
17 | per range officer engaged in range firing. | ||||||
18 | (i) Persons with the following training or certifications | ||||||
19 | are exempt from the requirements of subsection (a) of this | ||||||
20 | Section: | ||||||
21 | (1) An NRA certified instructor. | ||||||
22 | (2) An individual who has qualified to carry a firearm | ||||||
23 | as a retired law enforcement officer. | ||||||
24 | (3) Any active, retired, or honorably discharged | ||||||
25 | member of the armed forces who held a combat related | ||||||
26 | military occupation specialty (MOS). |
| |||||||
| |||||||
1 | (4) An individual certified as a law enforcement | ||||||
2 | instructor by the Illinois Law Enforcement Training | ||||||
3 | Standards Board or other equivalent agency.
| ||||||
4 | Section 90. Firearms instructors training. | ||||||
5 | (a) Not later than 30 days after the effective date of this | ||||||
6 | Act, the Department shall establish a registry of instructors | ||||||
7 | who are eligible to teach courses or sign off on range | ||||||
8 | qualifications, or both, to meet the requirements of Section 85 | ||||||
9 | of this Act. | ||||||
10 | (b) Instructors who are eligible to teach courses and | ||||||
11 | certify range qualifications shall have one of the following | ||||||
12 | valid firearms instructor certifications: | ||||||
13 | (1) National Rifle Association Personal Protection | ||||||
14 | Instructor; | ||||||
15 | (2) National Rifle Association Pistol Marksmanship | ||||||
16 | Instructor; | ||||||
17 | (3) National Rifle Association Law Enforcement Firearm | ||||||
18 | Instructor with a certification for handguns; | ||||||
19 | (4) Certification from a firearms instructor's course | ||||||
20 | offered by a State or federal governmental agency; or | ||||||
21 | (5) A similar firearms instructor qualifying
course | ||||||
22 | approved by the Illinois Law Enforcement Training | ||||||
23 | Standards Board. | ||||||
24 | (c) Instructors who are eligible to teach courses and | ||||||
25 | certify range qualifications shall be at least 21 years of age
|
| |||||||
| |||||||
1 | and possess at least a high school diploma or GED certificate. | ||||||
2 | (d) An applicant may have his or her instructor | ||||||
3 | qualification revoked if the applicant: | ||||||
4 | (1) does not meet the requirements of this Act to | ||||||
5 | possess a concealed firearms permit; | ||||||
6 | (2) provides false or misleading information to the | ||||||
7 | Board; or | ||||||
8 | (3) has had a prior instructor qualification revoked by | ||||||
9 | the Board or other certifying organization. | ||||||
10 | Section 95. Preemption. It is declared to be the policy of | ||||||
11 | this State that it is an exclusive power and function of the | ||||||
12 | State to regulate the possession, carrying, and transportation | ||||||
13 | of handguns and the issuance of licenses to carry a concealed | ||||||
14 | firearm. Except as provided in subsection (b) of Section 70, a | ||||||
15 | home rule unit shall not regulate the possession, carrying, or | ||||||
16 | transportation of handguns. A home rule unit shall not regulate | ||||||
17 | the number of handguns or require registration of handguns | ||||||
18 | possessed by a person licensed under this Act. This Section is | ||||||
19 | a denial of home rule powers and functions under subsection (i) | ||||||
20 | of Section 6 of Article VII of the Illinois Constitution. Any | ||||||
21 | unit of local government that violates this Section shall be | ||||||
22 | liable for all costs, fees, and damages to anyone impacted by | ||||||
23 | any rule or ordinance. In addition to any other awards of fees, | ||||||
24 | damages, or penalties, the unit of local government shall also | ||||||
25 | be liable for not less than $10,000 per incident per day in |
| |||||||
| |||||||
1 | punitive damages to each individual affected. | ||||||
2 | Section 100. Expedited appeal. A judgment of a circuit | ||||||
3 | court declaring this Act or any part of this Act | ||||||
4 | unconstitutional or unenforceable is appealable directly to | ||||||
5 | the Supreme Court. The notice of appeal shall be filed within | ||||||
6 | 30 days after the judgment of the circuit court declaring this | ||||||
7 | Act or any part of this Act unconstitutional or unenforceable. | ||||||
8 | The manner of appeal shall be as provided in Supreme Court | ||||||
9 | Rules. | ||||||
10 | Section 105. Severability. The provisions of this Act are | ||||||
11 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
12 | Section 900. The Freedom of Information Act is amended by | ||||||
13 | changing Section 7.5 as follows: | ||||||
14 | (5 ILCS 140/7.5) | ||||||
15 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
16 | by the statutes referenced below, the following shall be exempt | ||||||
17 | from inspection and copying: | ||||||
18 | (a) All information determined to be confidential under | ||||||
19 | Section 4002 of the Technology Advancement and Development Act. | ||||||
20 | (b) Library circulation and order records identifying | ||||||
21 | library users with specific materials under the Library Records | ||||||
22 | Confidentiality Act. |
| |||||||
| |||||||
1 | (c) Applications, related documents, and medical records | ||||||
2 | received by the Experimental Organ Transplantation Procedures | ||||||
3 | Board and any and all documents or other records prepared by | ||||||
4 | the Experimental Organ Transplantation Procedures Board or its | ||||||
5 | staff relating to applications it has received. | ||||||
6 | (d) Information and records held by the Department of | ||||||
7 | Public Health and its authorized representatives relating to | ||||||
8 | known or suspected cases of sexually transmissible disease or | ||||||
9 | any information the disclosure of which is restricted under the | ||||||
10 | Illinois Sexually Transmissible Disease Control Act. | ||||||
11 | (e) Information the disclosure of which is exempted under | ||||||
12 | Section 30 of the Radon Industry Licensing Act. | ||||||
13 | (f) Firm performance evaluations under Section 55 of the | ||||||
14 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
15 | Based Selection Act. | ||||||
16 | (g) Information the disclosure of which is restricted and | ||||||
17 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
18 | (h) Information the disclosure of which is exempted under | ||||||
19 | the State Officials and Employees Ethics Act, and records of | ||||||
20 | any lawfully created State or local inspector general's office | ||||||
21 | that would be exempt if created or obtained by an Executive | ||||||
22 | Inspector General's office under that Act. | ||||||
23 | (i) Information contained in a local emergency energy plan | ||||||
24 | submitted to a municipality in accordance with a local | ||||||
25 | emergency energy plan ordinance that is adopted under Section | ||||||
26 | 11-21.5-5 of the Illinois Municipal Code. |
| |||||||
| |||||||
1 | (j) Information and data concerning the distribution of | ||||||
2 | surcharge moneys collected and remitted by wireless carriers | ||||||
3 | under the Wireless Emergency Telephone Safety Act. | ||||||
4 | (k) Law enforcement officer identification information or | ||||||
5 | driver identification information compiled by a law | ||||||
6 | enforcement agency or the Department of Transportation under | ||||||
7 | Section 11-212 of the Illinois Vehicle Code. | ||||||
8 | (l) Records and information provided to a residential | ||||||
9 | health care facility resident sexual assault and death review | ||||||
10 | team or the Executive Council under the Abuse Prevention Review | ||||||
11 | Team Act. | ||||||
12 | (m) Information provided to the predatory lending database | ||||||
13 | created pursuant to Article 3 of the Residential Real Property | ||||||
14 | Disclosure Act, except to the extent authorized under that | ||||||
15 | Article. | ||||||
16 | (n) Defense budgets and petitions for certification of | ||||||
17 | compensation and expenses for court appointed trial counsel as | ||||||
18 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
19 | Litigation Act. This subsection (n) shall apply until the | ||||||
20 | conclusion of the trial of the case, even if the prosecution | ||||||
21 | chooses not to pursue the death penalty prior to trial or | ||||||
22 | sentencing. | ||||||
23 | (o) Information that is prohibited from being disclosed | ||||||
24 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
25 | Registry Act. | ||||||
26 | (p) Security portions of system safety program plans, |
| |||||||
| |||||||
1 | investigation reports, surveys, schedules, lists, data, or | ||||||
2 | information compiled, collected, or prepared by or for the | ||||||
3 | Regional Transportation Authority under Section 2.11 of the | ||||||
4 | Regional Transportation Authority Act or the St. Clair County | ||||||
5 | Transit District under the Bi-State Transit Safety Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Records Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted under | ||||||
11 | Section 5-108 of the Public Utilities Act.
| ||||||
12 | (t) All identified or deidentified health information in | ||||||
13 | the form of health data or medical records contained in, stored | ||||||
14 | in, submitted to, transferred by, or released from the Illinois | ||||||
15 | Health Information Exchange, and identified or deidentified | ||||||
16 | health information in the form of health data and medical | ||||||
17 | records of the Illinois Health Information Exchange in the | ||||||
18 | possession of the Illinois Health Information Exchange | ||||||
19 | Authority due to its administration of the Illinois Health | ||||||
20 | Information Exchange. The terms "identified" and | ||||||
21 | "deidentified" shall be given the same meaning as in the Health | ||||||
22 | Insurance Accountability and Portability Act of 1996, Public | ||||||
23 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
24 | regulations promulgated thereunder. | ||||||
25 | (u) Records and information provided to an independent team | ||||||
26 | of experts under Brian's Law. |
| |||||||
| |||||||
1 | (v) Names and information of people who have applied for or | ||||||
2 | received Firearm Owner's Identification Cards under the | ||||||
3 | Firearm Owners Identification Card Act. | ||||||
4 | (w) Personally identifiable information which is exempted | ||||||
5 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
6 | Toll Highway Act. | ||||||
7 | (x) Information which is exempted from disclosure under | ||||||
8 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
9 | Illinois Municipal Code. | ||||||
10 | (y) Information maintained by the Department of State | ||||||
11 | Police in accordance with subsection (a) of Section 35 of the | ||||||
12 | Family and Personal Protection Act, except as authorized by | ||||||
13 | that Act. | ||||||
14 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
15 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
16 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
17 | eff. 1-1-13.) | ||||||
18 | Section 905. The State Finance Act is amended by adding | ||||||
19 | Section 5.826 as follows: | ||||||
20 | (30 ILCS 105/5.826 new) | ||||||
21 | Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund. | ||||||
22 | Section 910. The Criminal Code of 2012 is amended by | ||||||
23 | changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
2 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
3 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
4 | Section 33A-1
in any building or on land supported in whole or | ||||||
5 | in part with public
funds or in any building on such land | ||||||
6 | without
prior written permission from the chief security | ||||||
7 | officer for that such land or
building commits a Class A | ||||||
8 | misdemeanor.
| ||||||
9 | (b) The chief security officer must grant any reasonable | ||||||
10 | request for
permission under paragraph (a). | ||||||
11 | (c) This Section shall not apply to a person acting | ||||||
12 | lawfully under the Family and Personal Protection Act. | ||||||
13 | (d) Subsection (a) shall not apply to any tenant or | ||||||
14 | resident of any public housing.
| ||||||
15 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
16 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
17 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
18 | (a) A person commits the offense of unlawful use of weapons | ||||||
19 | when
he knowingly:
| ||||||
20 | (1) Sells, manufactures, purchases, possesses or | ||||||
21 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
22 | sand-bag, metal knuckles or other knuckle weapon | ||||||
23 | regardless of its composition, throwing star,
or any knife, | ||||||
24 | commonly referred to as a switchblade knife, which has a
|
| |||||||
| |||||||
1 | blade that opens automatically by hand pressure applied to | ||||||
2 | a button,
spring or other device in the handle of the | ||||||
3 | knife, or a ballistic knife,
which is a device that propels | ||||||
4 | a knifelike blade as a projectile by means
of a coil | ||||||
5 | spring, elastic material or compressed gas; or
| ||||||
6 | (2) Carries or possesses with intent to use the same | ||||||
7 | unlawfully
against another, a dagger, dirk, billy, | ||||||
8 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
9 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
10 | deadly weapon or instrument of like character; or
| ||||||
11 | (3) Carries on or about his person or in any vehicle, a | ||||||
12 | tear gas gun
projector or bomb or any object containing | ||||||
13 | noxious liquid gas or
substance, other than an object | ||||||
14 | containing a non-lethal noxious liquid gas
or substance | ||||||
15 | designed solely for personal defense carried by a person 18
| ||||||
16 | years of age or older; or
| ||||||
17 | (4) Carries or possesses in any vehicle or concealed on | ||||||
18 | or about his
person except when on his land or in his own | ||||||
19 | abode, legal dwelling, or fixed place of
business, or on | ||||||
20 | the land or in the legal dwelling of another person as an | ||||||
21 | invitee with that person's permission, any pistol, | ||||||
22 | revolver, stun gun or taser or other firearm, except
that
| ||||||
23 | this subsection (a) (4) does not apply to or affect | ||||||
24 | transportation of weapons
that meet one of the following | ||||||
25 | conditions:
| ||||||
26 | (i) are broken down in a non-functioning state; or
|
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or
| ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who is not otherwise prohibited from owning or | ||||||
5 | possessing a firearm has been issued a currently
valid | ||||||
6 | Firearm Owner's
Identification Card ; or
| ||||||
7 | (5) Sets a spring gun; or
| ||||||
8 | (6) Possesses any device or attachment of any kind | ||||||
9 | designed, used or
intended for use in silencing the report | ||||||
10 | of any firearm; or
| ||||||
11 | (7) Sells, manufactures, purchases, possesses or | ||||||
12 | carries:
| ||||||
13 | (i) a machine gun, which shall be defined for the | ||||||
14 | purposes of this
subsection as any weapon,
which | ||||||
15 | shoots, is designed to shoot, or can be readily | ||||||
16 | restored to shoot,
automatically more than one shot | ||||||
17 | without manually reloading by a single
function of the | ||||||
18 | trigger, including the frame or receiver
of any such | ||||||
19 | weapon, or sells, manufactures, purchases, possesses, | ||||||
20 | or
carries any combination of parts designed or | ||||||
21 | intended for
use in converting any weapon into a | ||||||
22 | machine gun, or any combination or
parts from which a | ||||||
23 | machine gun can be assembled if such parts are in the
| ||||||
24 | possession or under the control of a person;
| ||||||
25 | (ii) any rifle having one or
more barrels less than | ||||||
26 | 16 inches in length or a shotgun having one or more
|
| |||||||
| |||||||
1 | barrels less than 18 inches in length or any weapon | ||||||
2 | made from a rifle or
shotgun, whether by alteration, | ||||||
3 | modification, or otherwise, if such a weapon
as | ||||||
4 | modified has an overall length of less than 26 inches; | ||||||
5 | or
| ||||||
6 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
7 | other container containing an
explosive substance of | ||||||
8 | over one-quarter ounce for like purposes, such
as, but | ||||||
9 | not limited to, black powder bombs and Molotov | ||||||
10 | cocktails or
artillery projectiles; or
| ||||||
11 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
12 | or other
deadly weapon in any place which is licensed to | ||||||
13 | sell intoxicating
beverages for consumption on the | ||||||
14 | premises , or at any public gathering held pursuant to a | ||||||
15 | license issued
by any governmental body or any public | ||||||
16 | gathering at which an admission
is charged, excluding a | ||||||
17 | place where a showing, demonstration or lecture
involving | ||||||
18 | the exhibition of unloaded firearms is conducted .
| ||||||
19 | This subsection (a)(8) does not apply to any auction or | ||||||
20 | raffle of a firearm
held pursuant to
a license or permit | ||||||
21 | issued by a governmental body, nor does it apply to persons
| ||||||
22 | engaged
in firearm safety training courses; 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 has been issued a currently
valid | ||||||
19 | Firearm Owner's
Identification Card .
| ||||||
20 | A "stun gun or taser", as used in this paragraph (a) | ||||||
21 | means (i) any device
which is powered by electrical | ||||||
22 | charging units, such as, batteries, and
which fires one or | ||||||
23 | several barbs attached to a length of wire and
which, upon | ||||||
24 | hitting a human, can send out a current capable of | ||||||
25 | disrupting
the person's nervous system in such a manner as | ||||||
26 | to render him incapable of
normal functioning or (ii) any |
| |||||||
| |||||||
1 | device which is powered by electrical
charging units, such | ||||||
2 | as batteries, and which, upon contact with a human or
| ||||||
3 | clothing worn by a human, can send out current capable of | ||||||
4 | disrupting
the person's nervous system in such a manner as | ||||||
5 | to render him incapable
of normal functioning; or
| ||||||
6 | (11) Sells, manufactures or purchases any explosive | ||||||
7 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
8 | bullet" means the projectile portion of
an ammunition | ||||||
9 | cartridge which contains or carries an explosive charge | ||||||
10 | which
will explode upon contact with the flesh of a human | ||||||
11 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
12 | a projectile affixed at the
front thereof and a cap or | ||||||
13 | primer at the rear end thereof, with the
propellant | ||||||
14 | contained in such tube between the projectile and the cap; | ||||||
15 | or
| ||||||
16 | (12) (Blank); or
| ||||||
17 | (13) Carries or possesses on or about his or her person | ||||||
18 | while in a building occupied by a unit of government, a | ||||||
19 | billy club, other weapon of like character, or other | ||||||
20 | instrument of like character intended for use as a weapon. | ||||||
21 | For the purposes of this Section, "billy club" means a | ||||||
22 | short stick or club commonly carried by police officers | ||||||
23 | which is either telescopic or constructed of a solid piece | ||||||
24 | of wood or other man-made material. | ||||||
25 | (b) Sentence. A person convicted of a violation of | ||||||
26 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
| |||||||
| |||||||
1 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
2 | Class A
misdemeanor. A person convicted of a violation | ||||||
3 | subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible | ||||||
4 | to obtain a license under the Family and Personal Protection | ||||||
5 | Act except for the completion of Section 85 of the Act is | ||||||
6 | guilty of a petty offense.
A person convicted of a violation of | ||||||
7 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
8 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
10 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
11 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
12 | of not less than 3 years and not more than 7 years, unless the | ||||||
13 | weapon is possessed in the
passenger compartment of a motor | ||||||
14 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
15 | Code, or on the person, while the weapon is loaded, in which
| ||||||
16 | case it shall be a Class X felony. A person convicted of a
| ||||||
17 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
18 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
19 | felony. The possession of each weapon in violation of this | ||||||
20 | Section constitutes a single and separate violation.
| ||||||
21 | (c) Violations in specific places.
| ||||||
22 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
23 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
24 | the time of year, in residential
property owned, operated | ||||||
25 | or managed by a public housing agency or
leased by
a public | ||||||
26 | housing agency as part of a scattered site or mixed-income
|
| |||||||
| |||||||
1 | development, in a
public park, in a courthouse, on the real | ||||||
2 | property comprising any school,
regardless of the
time of | ||||||
3 | day or the time of year, on residential property owned, | ||||||
4 | operated
or
managed by a public housing agency
or leased by | ||||||
5 | a public housing agency as part of a scattered site or
| ||||||
6 | mixed-income development,
on the real property comprising | ||||||
7 | any
public park, on the real property comprising any | ||||||
8 | courthouse, in any conveyance
owned, leased or contracted | ||||||
9 | by a school to
transport students to or from school or a | ||||||
10 | school related activity, in any conveyance
owned, leased, | ||||||
11 | or contracted by a public transportation agency, or on any
| ||||||
12 | public way within 1,000 feet of the real property | ||||||
13 | comprising any school,
public park, courthouse, public | ||||||
14 | transportation facility, or residential property owned, | ||||||
15 | operated, or managed
by a public housing agency
or leased | ||||||
16 | by a public housing agency as part of a scattered site or
| ||||||
17 | mixed-income development
commits a Class 2 felony and shall | ||||||
18 | be sentenced to a term of imprisonment of not less than 3 | ||||||
19 | years and not more than 7 years.
| ||||||
20 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
21 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
22 | time of day or the time of year,
in residential property | ||||||
23 | owned, operated, or managed by a public
housing
agency
or | ||||||
24 | leased by a public housing agency as part of a scattered | ||||||
25 | site or
mixed-income development,
in
a public
park, in a | ||||||
26 | courthouse, on the real property comprising any school, |
| |||||||
| |||||||
1 | regardless
of the time of day or the time of year, on | ||||||
2 | residential property owned,
operated, or managed by a | ||||||
3 | public housing agency
or leased by a public housing agency | ||||||
4 | as part of a scattered site or
mixed-income development,
on | ||||||
5 | the real property
comprising any public park, on the real | ||||||
6 | property comprising any courthouse, in
any conveyance | ||||||
7 | owned, leased, or contracted by a school to transport | ||||||
8 | students
to or from school or a school related activity, in | ||||||
9 | any conveyance
owned, leased, or contracted by a public | ||||||
10 | transportation agency, or on any public way within
1,000 | ||||||
11 | feet of the real property comprising any school, public | ||||||
12 | park, courthouse,
public transportation facility, or | ||||||
13 | residential property owned, operated, or managed by a | ||||||
14 | public
housing agency
or leased by a public housing agency | ||||||
15 | as part of a scattered site or
mixed-income development
| ||||||
16 | commits a Class 3 felony.
| ||||||
17 | (2) A person who violates subsection 24-1(a)(1), | ||||||
18 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
19 | time of day or the time of year, in
residential property | ||||||
20 | owned, operated or managed by a public housing
agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development,
in
a public park, in a | ||||||
23 | courthouse, on the real property comprising any school,
| ||||||
24 | regardless of the time of day or the time of year, on | ||||||
25 | residential property
owned, operated or managed by a public | ||||||
26 | housing agency
or leased by a public housing agency as part |
| |||||||
| |||||||
1 | of a scattered site or
mixed-income development,
on the | ||||||
2 | real property
comprising any public park, on the real | ||||||
3 | property comprising any courthouse, in
any conveyance | ||||||
4 | owned, leased or contracted by a school to transport | ||||||
5 | students
to or from school or a school related activity, in | ||||||
6 | any conveyance
owned, leased, or contracted by a public | ||||||
7 | transportation agency, or on any public way within
1,000 | ||||||
8 | feet of the real property comprising any school, public | ||||||
9 | park, courthouse,
public transportation facility, or | ||||||
10 | residential property owned, operated, or managed by a | ||||||
11 | public
housing agency or leased by a public housing agency | ||||||
12 | as part of a scattered
site or mixed-income development | ||||||
13 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
14 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
15 | this State for the conduct of official business.
| ||||||
16 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
17 | (c) shall not
apply to law
enforcement officers or security | ||||||
18 | officers of such school, college, or
university or to | ||||||
19 | students carrying or possessing firearms for use in | ||||||
20 | training
courses, parades, hunting, target shooting on | ||||||
21 | school ranges, or otherwise with
the consent of school | ||||||
22 | authorities and which firearms are transported unloaded
| ||||||
23 | enclosed in a suitable case, box, or transportation | ||||||
24 | package.
| ||||||
25 | (4) For the purposes of this subsection (c), "school" | ||||||
26 | means any public or
private elementary or secondary school, |
| |||||||
| |||||||
1 | community college, college, or
university.
| ||||||
2 | (5) For the purposes of this subsection (c), "public | ||||||
3 | transportation agency" means a public or private agency | ||||||
4 | that provides for the transportation or conveyance of
| ||||||
5 | persons by means available to the general public, except | ||||||
6 | for transportation
by automobiles not used for conveyance | ||||||
7 | of the general public as passengers; and "public | ||||||
8 | transportation facility" means a terminal or other place
| ||||||
9 | where one may obtain public transportation.
| ||||||
10 | (d) The presence in an automobile other than a public | ||||||
11 | omnibus of any
weapon, instrument or substance referred to in | ||||||
12 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
13 | possession of, and is being
carried by, all persons occupying | ||||||
14 | such automobile at the time such
weapon, instrument or | ||||||
15 | substance is found, except under the following
circumstances: | ||||||
16 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
17 | the person of one of the occupants therein; or (ii) if such
| ||||||
18 | weapon, instrument or substance is found in an automobile | ||||||
19 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
20 | and proper pursuit of
his trade, then such presumption shall | ||||||
21 | not apply to the driver.
| ||||||
22 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
23 | Underwater
Spearguns are exempted from the definition of | ||||||
24 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
25 | of this Section.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; |
| |||||||
| |||||||
1 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
2 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
3 | (720 ILCS 5/24-1.6) | ||||||
4 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
5 | (a) A person commits the offense of aggravated unlawful use | ||||||
6 | of a weapon when
he or she knowingly: | ||||||
7 | (1) Carries on or about his or her person or in any | ||||||
8 | vehicle or concealed
on or about his or her person except | ||||||
9 | when on his or her land or in his or her
abode, legal | ||||||
10 | dwelling, or fixed place of business, or on the land or in | ||||||
11 | the legal dwelling of another person as an invitee with | ||||||
12 | that person's permission, any pistol, revolver, stun gun or | ||||||
13 | taser or
other firearm; or | ||||||
14 | (2) Carries or possesses on or about his or her person, | ||||||
15 | upon any public
street, alley, or other public lands within | ||||||
16 | the corporate limits of a city,
village or incorporated | ||||||
17 | town, except when an invitee thereon or therein, for
the | ||||||
18 | purpose of the display of such weapon or the lawful | ||||||
19 | commerce in weapons, or
except when on his or her own land | ||||||
20 | or in his or her own abode, legal dwelling, or fixed place | ||||||
21 | of
business, or on the land or in the legal dwelling of | ||||||
22 | another person as an invitee with that person's permission, | ||||||
23 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
24 | and | ||||||
25 | (3) One of the following factors is present: |
| |||||||
| |||||||
1 | (A) the firearm possessed was uncased, loaded and | ||||||
2 | immediately accessible
at the time of the offense; or | ||||||
3 | (B) the firearm possessed was uncased, unloaded | ||||||
4 | and the ammunition for
the weapon was immediately | ||||||
5 | accessible at the time of the offense; or | ||||||
6 | (C) the person possessing the firearm has not been | ||||||
7 | issued a currently
valid Firearm Owner's | ||||||
8 | Identification Card; or | ||||||
9 | (D) the person possessing the weapon was | ||||||
10 | previously adjudicated
a delinquent minor under the | ||||||
11 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
12 | by an adult would be a felony; or | ||||||
13 | (E) the person possessing the weapon was engaged in | ||||||
14 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
15 | a misdemeanor violation of the Illinois Controlled | ||||||
16 | Substances
Act, or in a misdemeanor violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act; | ||||||
18 | or | ||||||
19 | (F) (blank); or | ||||||
20 | (G) the person possessing the weapon had a order of | ||||||
21 | protection issued
against him or her within the | ||||||
22 | previous 2 years; or | ||||||
23 | (H) the person possessing the weapon was engaged in | ||||||
24 | the commission or
attempted commission of
a | ||||||
25 | misdemeanor involving the use or threat of violence | ||||||
26 | against
the person or property of another; or |
| |||||||
| |||||||
1 | (I) the person possessing the weapon was under 21 | ||||||
2 | years of age and in
possession of a handgun as defined | ||||||
3 | in Section 24-3, unless the person under 21
is engaged | ||||||
4 | in lawful activities under the Wildlife Code or | ||||||
5 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
6 | 24-2(f). | ||||||
7 | (b) "Stun gun or taser" as used in this Section has the | ||||||
8 | same definition
given to it in Section 24-1 of this Code. | ||||||
9 | (c) This Section does not apply to or affect the | ||||||
10 | transportation or
possession
of weapons that: | ||||||
11 | (i) are broken down in a non-functioning state; or | ||||||
12 | (ii) are not immediately accessible; or | ||||||
13 | (iii) are unloaded and enclosed in a case, firearm | ||||||
14 | carrying box,
shipping box, or other container by a | ||||||
15 | person who has been issued a currently
valid Firearm | ||||||
16 | Owner's
Identification Card . | ||||||
17 | (d) Sentence. | ||||||
18 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
19 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
20 | for which the person shall be sentenced to a term of | ||||||
21 | imprisonment of not less than 3 years and not more than 7 | ||||||
22 | years. | ||||||
23 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
24 | (4) of this subsection (d), a first offense of aggravated | ||||||
25 | unlawful use of a weapon committed with a firearm by a | ||||||
26 | person 18 years of age or older where the factors listed in |
| |||||||
| |||||||
1 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
2 | are present is a Class 4 felony, for which the person shall | ||||||
3 | be sentenced to a term of imprisonment of not less than one | ||||||
4 | year and not more than 3 years. | ||||||
5 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
6 | has been previously
convicted of a felony in this State or | ||||||
7 | another jurisdiction is a Class 2
felony for which the | ||||||
8 | person shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 3 years and not more than 7 years. | ||||||
10 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
11 | or in possession of body armor as defined in Section 33F-1 | ||||||
12 | by a person who has not been issued a valid Firearms | ||||||
13 | Owner's Identification Card in accordance with Section 5 of | ||||||
14 | the Firearm Owners Identification Card Act is a Class X | ||||||
15 | felony.
| ||||||
16 | (e) The possession of each firearm in violation of this | ||||||
17 | Section constitutes a single and separate violation. | ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
19 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| ||||||
20 | (720 ILCS 5/24-2)
| ||||||
21 | Sec. 24-2. Exemptions.
| ||||||
22 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
23 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
24 | the following:
| ||||||
25 | (1) Peace officers, and any person summoned by a peace |
| |||||||
| |||||||
1 | officer to
assist in making arrests or preserving the | ||||||
2 | peace, while actually engaged in
assisting such officer.
| ||||||
3 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
4 | penitentiaries, jails and other institutions for the | ||||||
5 | detention of persons
accused or convicted of an offense, | ||||||
6 | while in the performance of their
official duty, or while | ||||||
7 | commuting between their homes and places of employment.
| ||||||
8 | (3) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United States
or the Illinois National Guard or the | ||||||
10 | Reserve Officers Training Corps,
while in the performance | ||||||
11 | of their official duty.
| ||||||
12 | (4) Special agents employed by a railroad or a public | ||||||
13 | utility to
perform police functions, and guards of armored | ||||||
14 | car companies, while
actually engaged in the performance of | ||||||
15 | the duties of their employment or
commuting between their | ||||||
16 | homes and places of employment; and watchmen
while actually | ||||||
17 | engaged in the performance of the duties of their | ||||||
18 | employment.
| ||||||
19 | (5) Persons licensed as private security contractors, | ||||||
20 | private
detectives, or private alarm contractors, or | ||||||
21 | employed by an agency
certified by the Department of | ||||||
22 | Financial and Professional Regulation, if their duties
| ||||||
23 | include the carrying of a weapon under the provisions of | ||||||
24 | the Private
Detective, Private Alarm,
Private Security, | ||||||
25 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
26 | actually
engaged in the performance of the duties of their |
| |||||||
| |||||||
1 | employment or commuting
between their homes and places of | ||||||
2 | employment, provided that such commuting
is accomplished | ||||||
3 | within one hour from departure from home or place of
| ||||||
4 | employment, as the case may be. A person shall be | ||||||
5 | considered eligible for this
exemption if he or she has | ||||||
6 | completed the required 20
hours of training for a private | ||||||
7 | security contractor, private
detective, or private alarm | ||||||
8 | contractor, or employee of a licensed agency and 20 hours | ||||||
9 | of required firearm
training, and has been issued a firearm | ||||||
10 | control card by
the Department of Financial and | ||||||
11 | Professional Regulation. Conditions for the renewal of
| ||||||
12 | firearm control cards issued under the provisions of this | ||||||
13 | Section
shall be the same as for those cards issued under | ||||||
14 | the provisions of the
Private Detective, Private Alarm,
| ||||||
15 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
16 | 2004. The
firearm control card shall be carried by the | ||||||
17 | private security contractor, private
detective, or private | ||||||
18 | alarm contractor, or employee of the licensed agency at all
| ||||||
19 | times when he or she is in possession of a concealable | ||||||
20 | weapon.
| ||||||
21 | (6) Any person regularly employed in a commercial or | ||||||
22 | industrial
operation as a security guard for the protection | ||||||
23 | of persons employed
and private property related to such | ||||||
24 | commercial or industrial
operation, while actually engaged | ||||||
25 | in the performance of his or her
duty or traveling between | ||||||
26 | sites or properties belonging to the
employer, and who, as |
| |||||||
| |||||||
1 | a security guard, is a member of a security force of
at | ||||||
2 | least 5 persons registered with the Department of Financial | ||||||
3 | and Professional
Regulation; provided that such security | ||||||
4 | guard has successfully completed a
course of study, | ||||||
5 | approved by and supervised by the Department of
Financial | ||||||
6 | and Professional Regulation, consisting of not less than 40 | ||||||
7 | hours of training
that includes the theory of law | ||||||
8 | enforcement, liability for acts, and the
handling of | ||||||
9 | weapons. A person shall be considered eligible for this
| ||||||
10 | exemption if he or she has completed the required 20
hours | ||||||
11 | of training for a security officer and 20 hours of required | ||||||
12 | firearm
training, and has been issued a firearm control | ||||||
13 | card by
the Department of Financial and Professional | ||||||
14 | Regulation. Conditions for the renewal of
firearm control | ||||||
15 | cards issued under the provisions of this Section
shall be | ||||||
16 | the same as for those cards issued under the provisions of | ||||||
17 | the
Private Detective, Private Alarm,
Private Security, | ||||||
18 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
19 | control card shall be carried by the security guard at all
| ||||||
20 | times when he or she is in possession of a concealable | ||||||
21 | weapon.
| ||||||
22 | (7) Agents and investigators of the Illinois | ||||||
23 | Legislative Investigating
Commission authorized by the | ||||||
24 | Commission to carry the weapons specified in
subsections | ||||||
25 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
26 | any investigation for the Commission.
|
| |||||||
| |||||||
1 | (8) Persons employed by a financial institution for the | ||||||
2 | protection of
other employees and property related to such | ||||||
3 | financial institution, while
actually engaged in the | ||||||
4 | performance of their duties, commuting between
their homes | ||||||
5 | and places of employment, or traveling between sites or
| ||||||
6 | properties owned or operated by such financial | ||||||
7 | institution, provided that
any person so employed has | ||||||
8 | successfully completed a course of study,
approved by and | ||||||
9 | supervised by the Department of Financial and Professional | ||||||
10 | Regulation,
consisting of not less than 40 hours of | ||||||
11 | training which includes theory of
law enforcement, | ||||||
12 | liability for acts, and the handling of weapons.
A person | ||||||
13 | shall be considered to be eligible for this exemption if he | ||||||
14 | or
she has completed the required 20 hours of training for | ||||||
15 | a security officer
and 20 hours of required firearm | ||||||
16 | training, and has been issued a
firearm control card by the | ||||||
17 | Department of Financial and Professional Regulation.
| ||||||
18 | Conditions for renewal of firearm control cards issued | ||||||
19 | under the
provisions of this Section shall be the same as | ||||||
20 | for those issued under the
provisions of the Private | ||||||
21 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
22 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
23 | card shall be carried by the person so
trained at all times | ||||||
24 | when such person is in possession of a concealable
weapon. | ||||||
25 | For purposes of this subsection, "financial institution" | ||||||
26 | means a
bank, savings and loan association, credit union or |
| |||||||
| |||||||
1 | company providing
armored car services.
| ||||||
2 | (9) Any person employed by an armored car company to | ||||||
3 | drive an armored
car, while actually engaged in the | ||||||
4 | performance of his duties.
| ||||||
5 | (10) Persons who have been classified as peace officers | ||||||
6 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
7 | (11) Investigators of the Office of the State's | ||||||
8 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
9 | governors of the Office of the
State's Attorneys Appellate | ||||||
10 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
11 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
12 | (12) Special investigators appointed by a State's | ||||||
13 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
14 | (12.5) Probation officers while in the performance of | ||||||
15 | their duties, or
while commuting between their homes, | ||||||
16 | places of employment or specific locations
that are part of | ||||||
17 | their assigned duties, with the consent of the chief judge | ||||||
18 | of
the circuit for which they are employed.
| ||||||
19 | (13) Court Security Officers while in the performance | ||||||
20 | of their official
duties, or while commuting between their | ||||||
21 | homes and places of employment, with
the
consent of the | ||||||
22 | Sheriff.
| ||||||
23 | (13.5) A person employed as an armed security guard at | ||||||
24 | a nuclear energy,
storage, weapons or development site or | ||||||
25 | facility regulated by the Nuclear
Regulatory Commission | ||||||
26 | who has completed the background screening and training
|
| |||||||
| |||||||
1 | mandated by the rules and regulations of the Nuclear | ||||||
2 | Regulatory Commission.
| ||||||
3 | (14) Manufacture, transportation, or sale of weapons | ||||||
4 | to
persons
authorized under subdivisions (1) through | ||||||
5 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
6 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
7 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
8 | (1) Members of any club or organization organized for | ||||||
9 | the purpose of
practicing shooting at targets upon | ||||||
10 | established target ranges, whether
public or private, and | ||||||
11 | patrons of such ranges, while such members
or patrons are | ||||||
12 | using their firearms on those target ranges.
| ||||||
13 | (2) Duly authorized military or civil organizations | ||||||
14 | while parading,
with the special permission of the | ||||||
15 | Governor.
| ||||||
16 | (3) Hunters, trappers or fishermen with a license or
| ||||||
17 | permit while engaged in hunting,
trapping or fishing.
| ||||||
18 | (4) Transportation of weapons that are broken down in a
| ||||||
19 | non-functioning state or are not immediately accessible.
| ||||||
20 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
21 | gun or taser or other firearm on the land or in the legal | ||||||
22 | dwelling of another person as an invitee with that person's | ||||||
23 | permission. | ||||||
24 | (6) A licensee under the Family and Personal Protection | ||||||
25 | Act, notwithstanding Section 70 of that Act, if the | ||||||
26 | licensee meets the requirements of the Family and Personal |
| |||||||
| |||||||
1 | Protection Act. | ||||||
2 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
3 | of the
following:
| ||||||
4 | (1) Peace officers while in performance of their | ||||||
5 | official duties.
| ||||||
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 | (3) Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States
or the Illinois National Guard, while in | ||||||
11 | the performance of their official
duty.
| ||||||
12 | (4) Manufacture, transportation, or sale of machine | ||||||
13 | guns to persons
authorized under subdivisions (1) through | ||||||
14 | (3) of this subsection to
possess machine guns, if the | ||||||
15 | machine guns are broken down in a
non-functioning state or | ||||||
16 | are not immediately accessible.
| ||||||
17 | (5) Persons licensed under federal law to manufacture | ||||||
18 | any weapon from
which 8 or more shots or bullets can be | ||||||
19 | discharged by a
single function of the firing device, or | ||||||
20 | ammunition for such weapons, and
actually engaged in the | ||||||
21 | business of manufacturing such weapons or
ammunition, but | ||||||
22 | only with respect to activities which are within the lawful
| ||||||
23 | scope of such business, such as the manufacture, | ||||||
24 | transportation, or testing
of such weapons or ammunition. | ||||||
25 | This exemption does not authorize the
general private | ||||||
26 | possession of any weapon from which 8 or more
shots or |
| |||||||
| |||||||
1 | bullets can be discharged by a single function of the | ||||||
2 | firing
device, but only such possession and activities as | ||||||
3 | are within the lawful
scope of a licensed manufacturing | ||||||
4 | business described in this paragraph.
| ||||||
5 | During transportation, such weapons shall be broken | ||||||
6 | down in a
non-functioning state or not immediately | ||||||
7 | accessible.
| ||||||
8 | (6) The manufacture, transport, testing, delivery, | ||||||
9 | transfer or sale,
and all lawful commercial or experimental | ||||||
10 | activities necessary thereto, of
rifles, shotguns, and | ||||||
11 | weapons made from rifles or shotguns,
or ammunition for | ||||||
12 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
13 | person operating as a contractor or subcontractor pursuant | ||||||
14 | to a
contract or subcontract for the development and supply | ||||||
15 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
16 | United States government or any
branch of the Armed Forces | ||||||
17 | of the United States, when such activities are
necessary | ||||||
18 | and incident to fulfilling the terms of such contract.
| ||||||
19 | The exemption granted under this subdivision (c)(6)
| ||||||
20 | shall also apply to any authorized agent of any such | ||||||
21 | contractor or
subcontractor who is operating within the | ||||||
22 | scope of his employment, where
such activities involving | ||||||
23 | such weapon, weapons or ammunition are necessary
and | ||||||
24 | incident to fulfilling the terms of such contract.
| ||||||
25 | During transportation, any such weapon shall be broken | ||||||
26 | down in a
non-functioning state, or not immediately |
| |||||||
| |||||||
1 | accessible.
| ||||||
2 | (7) A person possessing a rifle with a barrel or | ||||||
3 | barrels less than 16 inches in length if: (A) the person | ||||||
4 | has been issued a Curios and Relics license from the U.S. | ||||||
5 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
6 | the person is an active member of a bona fide, nationally | ||||||
7 | recognized military re-enacting group and the modification | ||||||
8 | is required and necessary to accurately portray the weapon | ||||||
9 | for historical re-enactment purposes; the re-enactor is in | ||||||
10 | possession of a valid and current re-enacting group | ||||||
11 | membership credential; and the overall length of the weapon | ||||||
12 | as modified is not less than 26 inches. | ||||||
13 | During transportation, any such weapon shall be broken | ||||||
14 | down in a
non-functioning state, or not immediately | ||||||
15 | accessible.
| ||||||
16 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
17 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
18 | officer.
| ||||||
19 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
20 | manager or
authorized employee of any place specified in that | ||||||
21 | subsection nor to any
law enforcement officer or a licensee | ||||||
22 | under the Family and Personal Protection Act, notwithstanding | ||||||
23 | Section 70 of that Act .
| ||||||
24 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
25 | Section 24-1.6
do not apply
to members of any club or | ||||||
26 | organization organized for the purpose of practicing
shooting |
| |||||||
| |||||||
1 | at targets upon established target ranges, whether public or | ||||||
2 | private,
while using their firearms on those target ranges.
| ||||||
3 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
4 | to:
| ||||||
5 | (1) Members of the Armed Services or Reserve Forces of | ||||||
6 | the United
States or the Illinois National Guard, while in | ||||||
7 | the performance of their
official duty.
| ||||||
8 | (2) Bonafide collectors of antique or surplus military | ||||||
9 | ordinance.
| ||||||
10 | (3) Laboratories having a department of forensic | ||||||
11 | ballistics, or
specializing in the development of | ||||||
12 | ammunition or explosive ordinance.
| ||||||
13 | (4) Commerce, preparation, assembly or possession of | ||||||
14 | explosive
bullets by manufacturers of ammunition licensed | ||||||
15 | by the federal government,
in connection with the supply of | ||||||
16 | those organizations and persons exempted
by subdivision | ||||||
17 | (g)(1) of this Section, or like organizations and persons
| ||||||
18 | outside this State, or the transportation of explosive | ||||||
19 | bullets to any
organization or person exempted in this | ||||||
20 | Section by a common carrier or by a
vehicle owned or leased | ||||||
21 | by an exempted manufacturer.
| ||||||
22 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
23 | persons licensed
under federal law to manufacture any device or | ||||||
24 | attachment of any kind designed,
used, or intended for use in | ||||||
25 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
26 | for those firearms equipped with those devices, and actually |
| |||||||
| |||||||
1 | engaged in the
business of manufacturing those devices, | ||||||
2 | firearms, or ammunition, but only with
respect to
activities | ||||||
3 | that are within the lawful scope of that business, such as the
| ||||||
4 | manufacture, transportation, or testing of those devices, | ||||||
5 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
6 | general private possession of any device or
attachment of any | ||||||
7 | kind designed, used, or intended for use in silencing the
| ||||||
8 | report of any firearm, but only such possession and activities | ||||||
9 | as are within
the
lawful scope of a licensed manufacturing | ||||||
10 | business described in this subsection
(g-5). During | ||||||
11 | transportation, these devices shall be detached from any weapon
| ||||||
12 | or
not immediately accessible.
| ||||||
13 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
14 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
15 | supervisor who meets the qualifications and conditions | ||||||
16 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
17 | Corrections. | ||||||
18 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
19 | officer while serving as a member of a tactical response team | ||||||
20 | or special operations team. A peace officer may not personally | ||||||
21 | own or apply for ownership of a device or attachment of any | ||||||
22 | kind designed, used, or intended for use in silencing the | ||||||
23 | report of any firearm. These devices shall be owned and | ||||||
24 | maintained by lawfully recognized units of government whose | ||||||
25 | duties include the investigation of criminal acts. | ||||||
26 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
| |||||||
| |||||||
1 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
2 | athlete's possession, transport on official Olympic and | ||||||
3 | Paralympic transit systems established for athletes, or use of | ||||||
4 | competition firearms sanctioned by the International Olympic | ||||||
5 | Committee, the International Paralympic Committee, the | ||||||
6 | International Shooting Sport Federation, or USA Shooting in | ||||||
7 | connection with such athlete's training for and participation | ||||||
8 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
9 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
10 | and Paralympic Games. | ||||||
11 | (h) An information or indictment based upon a violation of | ||||||
12 | any
subsection of this Article need not negative any exemptions | ||||||
13 | contained in
this Article. The defendant shall have the burden | ||||||
14 | of proving such an
exemption.
| ||||||
15 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
16 | affect
the transportation, carrying, or possession, of any | ||||||
17 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
18 | to a common carrier operating
under license of the State of | ||||||
19 | Illinois or the federal government, where
such transportation, | ||||||
20 | carrying, or possession is incident to the lawful
| ||||||
21 | transportation in which such common carrier is engaged; and | ||||||
22 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
23 | transportation, carrying,
or possession of any pistol, | ||||||
24 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
25 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
26 | this Article, which is unloaded and enclosed in a case, firearm
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | carrying box, shipping box, or other container, by the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | possessor of a valid
Firearm Owners Identification Card.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | revised 8-23-12.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||