| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
1 | AN ACT concerning firearms.
| |||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||||||
5 | Illinois License to Carry Firearms for Self-Defense Act. | |||||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | |||||||||||||||||||||||||||||||
7 | "Board" means the Illinois Law Enforcement Training | |||||||||||||||||||||||||||||||
8 | Standards Board. | |||||||||||||||||||||||||||||||
9 | "Concealed firearm" means a handgun carried on or about a | |||||||||||||||||||||||||||||||
10 | person completely or mostly concealed from view of the public, | |||||||||||||||||||||||||||||||
11 | or carried in a vehicle in such a way as it is concealed from | |||||||||||||||||||||||||||||||
12 | view of the public. | |||||||||||||||||||||||||||||||
13 | "Fund" means the County License to Carry Firearms for | |||||||||||||||||||||||||||||||
14 | Self-Defense Trust Fund in each county. | |||||||||||||||||||||||||||||||
15 | "Handgun" has the meaning ascribed to it in paragraph (h) | |||||||||||||||||||||||||||||||
16 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | |||||||||||||||||||||||||||||||
17 | "License" means a license to carry a concealed firearm | |||||||||||||||||||||||||||||||
18 | issued by the county sheriff. | |||||||||||||||||||||||||||||||
19 | "Licensee" means a person who is issued a license to carry | |||||||||||||||||||||||||||||||
20 | a concealed firearm by the county sheriff.
| |||||||||||||||||||||||||||||||
21 | Section 10. Licensee for concealed firearms. The county | |||||||||||||||||||||||||||||||
22 | sheriff is authorized to issue licenses to carry concealed |
| |||||||
| |||||||
1 | firearms to persons qualified as provided in this Act. Licenses | ||||||
2 | to carry concealed firearms shall be valid throughout the State | ||||||
3 | for a period of 3 years from the date of issuance. Any person | ||||||
4 | in compliance with the terms of the license may carry concealed | ||||||
5 | firearms on or about his or her person. The licensee shall | ||||||
6 | carry the license at all times the licensee is carrying a | ||||||
7 | concealed firearm and shall display the license upon the | ||||||
8 | request of a law enforcement officer. | ||||||
9 | Section 15. Application for license and qualifications of | ||||||
10 | applicants. | ||||||
11 | (a) An applicant for a license shall obtain the application | ||||||
12 | from the sheriff of the county in which the applicant resides. | ||||||
13 | The completed application and all accompanying material plus an | ||||||
14 | application fee of $100 for a new license or $75 for a renewal | ||||||
15 | shall be presented to the office of the sheriff of the county | ||||||
16 | in which the applicant resides. | ||||||
17 | The sheriff shall evaluate the application and | ||||||
18 | accompanying material, and within 30 days, the sheriff shall | ||||||
19 | either issue or deny the license. | ||||||
20 | (b) The sheriff, upon a person's application for a | ||||||
21 | concealed firearms license, upon receipt of the appropriate | ||||||
22 | fees, and after compliance with the procedures set out in this | ||||||
23 | Section, shall issue the applicant a concealed firearms license | ||||||
24 | if the person: | ||||||
25 | (i) is at least 21 years of age; |
| |||||||
| |||||||
1 | (ii) resides within the State of Illinois and has been | ||||||
2 | a resident for the last 6 months (except the 6 months shall | ||||||
3 | be waived for members of the Armed Forces) and is a | ||||||
4 | permanent resident of the United States; | ||||||
5 | (iii) has a valid Firearm Owner's Identification Card; | ||||||
6 | (iv) has not been convicted of a crime punishable by | ||||||
7 | imprisonment for a term exceeding one year, or of a | ||||||
8 | misdemeanor evidencing violence, is not free on any form of | ||||||
9 | bond or pretrial release for a felony or a misdemeanor | ||||||
10 | evidencing violence, and has no outstanding warrants for | ||||||
11 | those crimes; | ||||||
12 | (v) has no record of mental disease or mental illness | ||||||
13 | on file that would evidence incapacity, or lack of proper | ||||||
14 | mental capacity; | ||||||
15 | (vi) has not been committed to a state or federal | ||||||
16 | facility for the abuse of a controlled substance, | ||||||
17 | methamphetamine, or cannabis and has not been convicted of | ||||||
18 | a misdemeanor violation of the Illinois Controlled | ||||||
19 | Substances Act or Cannabis Control Act or similar laws of | ||||||
20 | any other state relating to controlled substances or | ||||||
21 | cannabis within a 10 year period immediately preceding the | ||||||
22 | date on which the application is submitted; and | ||||||
23 | (vii) does not chronically and habitually use | ||||||
24 | alcoholic beverages as evidenced by the applicant having 2 | ||||||
25 | or more convictions for violating Section 11-501 of the | ||||||
26 | Illinois Vehicle Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance within 5 years preceding his or her application | ||||||
2 | or the applicant having elected treatment under the | ||||||
3 | supervision of a licensed program in accordance with the | ||||||
4 | Alcoholism and Other Drug Abuse and Dependency Act or | ||||||
5 | similar laws of any other state within a 5 year period | ||||||
6 | immediately preceding the date on which the application is | ||||||
7 | submitted.
| ||||||
8 | Section 20. Contents of application. The initial | ||||||
9 | application shall be in writing, under oath and under the | ||||||
10 | penalties of perjury, on a standard form promulgated by the | ||||||
11 | sheriff and shall be accompanied by the appropriate fees and | ||||||
12 | required documentation. The application shall only contain or | ||||||
13 | require the following information: | ||||||
14 | (i) the applicant's name, address, gender, race, date | ||||||
15 | and place of birth, and driver license or State | ||||||
16 | identification card number; | ||||||
17 | (ii) an affirmation that the applicant is at least 21 | ||||||
18 | years of age and that the applicant possesses a currently | ||||||
19 | valid Illinois Firearm Owner's Identification Card, | ||||||
20 | together with the card number and a photocopy of the | ||||||
21 | Firearm Owner's Identification Card; | ||||||
22 | (iii) a full set of legible fingerprints of the | ||||||
23 | applicant taken by any federal, State, county or municipal | ||||||
24 | law enforcement agency. The cost of fingerprinting shall be | ||||||
25 | paid by the applicant. The State, county or local law |
| |||||||
| |||||||
1 | enforcement agencies may not charge more than $10 to | ||||||
2 | fingerprint an applicant; | ||||||
3 | (iv) a head and shoulder color photograph taken within | ||||||
4 | 30 days preceding the date on which the application is | ||||||
5 | submitted; | ||||||
6 | (v) questions to certify or demonstrate that the | ||||||
7 | applicant has completed the firearms and deadly use of | ||||||
8 | force training and education prerequisites specified under | ||||||
9 | this Act and a photocopy of a certificate or other evidence | ||||||
10 | of completion of a course to show compliance; | ||||||
11 | (vi) a statement that the applicant is a resident of | ||||||
12 | the State of Illinois and has been a resident for the last | ||||||
13 | 6 months (except the 6 months shall be waived for members | ||||||
14 | of the Armed Forces) and is a permanent resident of the | ||||||
15 | United States; | ||||||
16 | (vii) a waiver of privacy and confidentiality rights | ||||||
17 | and privileges enjoyed by the applicant under all federal | ||||||
18 | and state laws governing justice, psychological, or | ||||||
19 | psychiatric records, or access to records relating to the | ||||||
20 | applicant's history of juvenile court, or criminal | ||||||
21 | institutionalization, and an affirmative request that any | ||||||
22 | person having custody of those records provide them or | ||||||
23 | information concerning them to the sheriff; | ||||||
24 | (viii) an affirmation that the applicant has never been | ||||||
25 | convicted of any felony or misdemeanor involving the use or | ||||||
26 | threat of physical force or violence to any person; and has |
| |||||||
| |||||||
1 | never been adjudicated a delinquent minor for an offense | ||||||
2 | which, had he or she been tried as an adult, would have | ||||||
3 | been such a felony or misdemeanor. The application shall | ||||||
4 | also contain the following statement along with a signature | ||||||
5 | line for use by the applicant, which statement the | ||||||
6 | applicant shall affirm under oath: "I, the undersigned, | ||||||
7 | state, under oath and subject to the penalty of perjury, | ||||||
8 | that I am not a streetgang member as defined in Section 10 | ||||||
9 | of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
10 | Act, and I will not join or become associated with a | ||||||
11 | criminal streetgang."; and | ||||||
12 | (ix) a conspicuous warning that false statements made | ||||||
13 | by the applicant will result in prosecution for perjury in | ||||||
14 | accordance with Section 32-2 of the Criminal Code of 2012.
| ||||||
15 | Section 25. Fees. Fees collected under this Act and | ||||||
16 | deposited into the County License to Carry Firearms for | ||||||
17 | Self-Defense Trust Fund shall be used exclusively by the | ||||||
18 | sheriff for administrating the provisions of this Act. Any | ||||||
19 | excess monies in the Fund may be used to ensure the prompt and | ||||||
20 | efficient processing of applications received under Section 20 | ||||||
21 | of this Act. The application fee shall be retained by the | ||||||
22 | office of the sheriff for official expenses of the office | ||||||
23 | associated with this Act. | ||||||
24 | Fees for a concealed firearms license shall be: | ||||||
25 | New license..$100 |
| |||||||
| |||||||
1 | Renewal..$75
| ||||||
2 | Duplicate of a lost or destroyed license..$25 | ||||||
3 | Corrected license due to change of address or name..$25 | ||||||
4 | Late renewal fee..$25
| ||||||
5 | Section 30. Approval of application. | ||||||
6 | (a) If the sheriff finds that the applicant possesses a | ||||||
7 | valid Firearm Owner's Identification Card, meets the training | ||||||
8 | requirements of this Act, and has provided the documentation | ||||||
9 | and paid the fees required for issuance of a concealed firearms | ||||||
10 | license, and that, as nearly as it is possible to determine, | ||||||
11 | nothing in the applicant's background or present circumstances | ||||||
12 | disqualify him or her from possessing a firearm in Illinois, | ||||||
13 | the Sheriff shall approve the application and issue the | ||||||
14 | applicant a wallet sized license bearing the photograph, name, | ||||||
15 | and address of the applicant and identifying the office issuing | ||||||
16 | the license within 30 days. | ||||||
17 | (b) The sheriff may consider an objection or recommendation | ||||||
18 | made by the sheriff or municipal police department supported by | ||||||
19 | specific and articulable reasons, in a written report, why the | ||||||
20 | applicant should be denied a license and may deny the license | ||||||
21 | based solely on those objections. If the objection contains | ||||||
22 | false, malicious, or inaccurate information, the sheriff or | ||||||
23 | municipal police department filing the objection shall bear all | ||||||
24 | of the applicant's costs if the applicant prevails in an | ||||||
25 | appeal. |
| |||||||
| |||||||
1 | (c) If the applicant is found to be ineligible, the sheriff | ||||||
2 | shall deny the application, and notify the applicant in | ||||||
3 | writing, stating the grounds for denial and informing the | ||||||
4 | applicant of the right to submit, within 30 days, any | ||||||
5 | additional documentation relating to the grounds of the denial. | ||||||
6 | Upon receiving the additional documentation, the sheriff shall | ||||||
7 | reconsider his or her decision and inform the applicant within | ||||||
8 | 30 days of the result of the reconsideration. The applicant | ||||||
9 | shall be informed of the right to appeal the denial in the | ||||||
10 | circuit court of his or her place of residence.
| ||||||
11 | Section 35. Revocation of a license. A license issued under | ||||||
12 | Section 30 shall be suspended or revoked if the license holder | ||||||
13 | becomes ineligible to be issued a license under the criteria | ||||||
14 | set forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or | ||||||
15 | (vii) of Section 20 or subsection (b) of Section 30 of this | ||||||
16 | Act. | ||||||
17 | When an order of protection is issued under Section 112A-14 | ||||||
18 | of the Code of Criminal Procedure of 1963 or under Section 214 | ||||||
19 | of the Illinois Domestic Violence Act of 1986 against a person | ||||||
20 | holding a license issued under this Act, the holder of the | ||||||
21 | license shall surrender the license to the court or to the | ||||||
22 | officer serving the order. The officer to whom the license is | ||||||
23 | surrendered shall forthwith transmit the license to the court | ||||||
24 | issuing the order. The license shall be suspended until the | ||||||
25 | order is terminated. |
| |||||||
| |||||||
1 | Section 40. Notification of renewal. Not later than 120 | ||||||
2 | days before the expiration of any license issued under this | ||||||
3 | Act, the sheriff shall notify the license holder in writing of | ||||||
4 | the expiration and furnish an application for renewal of the | ||||||
5 | license. | ||||||
6 | Section 45. Renewal of license. | ||||||
7 |
(a) The license shall be renewed for a qualified applicant | ||||||
8 | upon receipt of the properly completed renewal application and | ||||||
9 | required renewal fee. The renewal application shall contain the | ||||||
10 | same required information as set forth in paragraphs (i) | ||||||
11 | through (ix) of Section 20, except that in lieu of the firearm | ||||||
12 | education and use of deadly force training, the applicant need | ||||||
13 | only demonstrate previous issuance of and continued | ||||||
14 | eligibility for a concealed firearms license. | ||||||
15 | (b) A licensee who fails to file a renewal application on | ||||||
16 | or before its expiration date must pay an additional late fee | ||||||
17 | of $25. A person who fails to renew his or her application | ||||||
18 | within 6 months after its expiration must reapply for a new | ||||||
19 | license and pay the fee for a new application.
| ||||||
20 | Section 50. Change of address, change of name, and lost or | ||||||
21 | destroyed licenses. | ||||||
22 | (a) Within 30 days after changing his or her permanent | ||||||
23 | residence, and within 30 days after loss or destruction of a |
| |||||||
| |||||||
1 | concealed firearms license, the licensee shall notify the | ||||||
2 | sheriff and the Department of State Police of the loss, | ||||||
3 | destruction, change of name, or change of residence. Failure to | ||||||
4 | notify the Department of State Police shall constitute a | ||||||
5 | noncriminal violation with a penalty of $25 payable to the | ||||||
6 | Department of State Police. | ||||||
7 | (b) If a person issued a license to carry a concealed | ||||||
8 | firearm changes residence within this State, or changes his or | ||||||
9 | her name, the person to whom the license was issued may, upon | ||||||
10 | payment of $25 and presentation of their current license to the | ||||||
11 | sheriff, obtain a corrected concealed firearms license with a | ||||||
12 | change of address or change of name upon furnishing a notarized | ||||||
13 | statement to the sheriff that the licensee has changed | ||||||
14 | residence or his or her name, and upon submission of the | ||||||
15 | information as set forth in paragraph (i) of Section 20 and a | ||||||
16 | photograph as set forth in paragraph (iv) of Section 20. A | ||||||
17 | concealed firearms license shall be automatically invalid | ||||||
18 | after 30 days if the licensee has not notified the Department | ||||||
19 | of State Police of a change of residence. A license corrected | ||||||
20 | under this subsection shall be issued within 48 hours. | ||||||
21 | (c) If a license to carry a concealed firearm is lost or | ||||||
22 | destroyed, the license shall be automatically invalid, and the | ||||||
23 | person to whom the license was issued may obtain a duplicate, | ||||||
24 | upon payment of $25 to the sheriff and furnishing a notarized | ||||||
25 | statement to the sheriff that the license was lost or | ||||||
26 | destroyed, and submission of the information as set forth in |
| |||||||
| |||||||
1 | paragraph (i) of Section 20 and a photograph as set forth in | ||||||
2 | paragraph (iv) of Section 20.
| ||||||
3 | Section 55. Automated listing.
| ||||||
4 | (a) At least once per month, the sheriff shall transmit a | ||||||
5 | listing of all persons to whom the sheriff has issued or | ||||||
6 | revoked a license under this Act. That listing shall contain | ||||||
7 | the person's name, address, gender, race, date and place of | ||||||
8 | birth, and driver license or State identification card number. | ||||||
9 | (b) The Department of State Police shall maintain an | ||||||
10 | automated listing of license holders, and this information | ||||||
11 | shall be available on-line, upon request, at all times to all | ||||||
12 | Illinois law enforcement agencies. Except as provided in this | ||||||
13 | Act, information on applications for licenses, names and | ||||||
14 | addresses, or other identifying information relating to | ||||||
15 | license holders shall be confidential and shall not be made | ||||||
16 | available except to law enforcement agencies.
| ||||||
17 | Section 60. Privacy of license holders and applicants. | ||||||
18 | Except as provided in this Section, information on applications | ||||||
19 | for licenses, names and addresses, or other identifying | ||||||
20 | information relating to license holders shall be confidential, | ||||||
21 | not subject to the Freedom of Information Act, and shall not be | ||||||
22 | made available except to law enforcement agencies or as | ||||||
23 | otherwise provided in this Section. | ||||||
24 | Requests for information about any license holder or |
| |||||||
| |||||||
1 | applicant made by persons other than a bona fide law | ||||||
2 | enforcement agency shall be made in writing together with any | ||||||
3 | fee required for providing the information. | ||||||
4 | No State or local law enforcement agency shall provide a | ||||||
5 | list of names of any or all license holders or applicants in | ||||||
6 | the State of Illinois or a county, except that the Department | ||||||
7 | of State Police or sheriff may, upon proper application and the | ||||||
8 | payment of the required fee, provide to the requester, in | ||||||
9 | written form only, confirmation that an individual has or has | ||||||
10 | not been issued, applied for, or denied a license, or had a | ||||||
11 | license revoked under this Act. No identifying information | ||||||
12 | other than the name shall be provided. | ||||||
13 | Only the Department of State Police or sheriff may provide | ||||||
14 | statistical information on: | ||||||
15 | (i) the number of licenses or applications issued or | ||||||
16 | received; | ||||||
17 | (ii) the race, age, or gender of applicants or those | ||||||
18 | issued licenses;
| ||||||
19 | (iii) the county of residence of applicants or those | ||||||
20 | issued licenses; | ||||||
21 | (vi) the number of licenses revoked and the reason for | ||||||
22 | revocation. | ||||||
23 | Nothing in this Section shall prevent any law enforcement | ||||||
24 | agency from releasing information about an individual as part | ||||||
25 | of a criminal investigation. | ||||||
26 | The names of all persons, other than law enforcement |
| |||||||
| |||||||
1 | agencies and peace officers, requesting information under this | ||||||
2 | Section shall be public records. No other agency of government | ||||||
3 | other than the Department of State Police or sheriff shall | ||||||
4 | provide any information to a requester not entitled to it by | ||||||
5 | law.
| ||||||
6 | Section 65. Concealed firearms license.
| ||||||
7 | (a) A concealed firearm license shall authorize the person | ||||||
8 | in whose name the license is issued to carry concealed firearms | ||||||
9 | on or about his or her person or vehicle throughout the State. | ||||||
10 | No license issued under this Section shall authorize any person | ||||||
11 | to carry a concealed firearm into or upon: | ||||||
12 | (i) Any state or local police or sheriff's office or | ||||||
13 | station without the consent of the chief law enforcement | ||||||
14 | officer in charge of that office or station. | ||||||
15 | (ii) The facility of any adult or juvenile detention or | ||||||
16 | correctional institution, prison, or jail. | ||||||
17 | (iii) Any courthouse solely occupied by the Circuit, | ||||||
18 | Appellate, or Supreme Court or a courtroom of any of those | ||||||
19 | courts, or court proceeding. | ||||||
20 | (iv) Any meeting of the governing body of a unit of | ||||||
21 | local government; or any meeting of the General Assembly or | ||||||
22 | a committee of the General Assembly. | ||||||
23 | The General Assembly or a county or municipality may by | ||||||
24 | statute or ordinance prohibit or limit the carrying of | ||||||
25 | concealed firearms by license holders in that portion of a |
| |||||||
| |||||||
1 | building owned, leased, or controlled by that unit of | ||||||
2 | government. That portion of a building in which the | ||||||
3 | carrying of concealed firearms is prohibited or limited | ||||||
4 | shall be clearly identified by signs conspicuously posted | ||||||
5 | at each entrance to the restricted area. The statute or | ||||||
6 | ordinance shall exempt any building used for public housing | ||||||
7 | by private persons, highway rest areas, firing ranges, and | ||||||
8 | private dwellings owned, leased, or controlled by that unit | ||||||
9 | of government from any restriction on the carrying or of | ||||||
10 | possession of a firearm. The statute or ordinance shall not | ||||||
11 | specify any criminal penalty for its violation but may | ||||||
12 | specify that a person violating the statute or ordinance | ||||||
13 | may be denied entrance to the building, ordered to leave | ||||||
14 | the building and if an employee of the unit of government, | ||||||
15 | be subjected to disciplinary measures for violation of the | ||||||
16 | provisions of the statute or ordinance. The provisions of | ||||||
17 | this item (iv) shall not apply to any other unit of | ||||||
18 | government. | ||||||
19 | (v) Any portion of an establishment licensed to | ||||||
20 | dispense beer or alcoholic beverages for consumption on the | ||||||
21 | premises, if that portion of the establishment is primarily | ||||||
22 | devoted to that purpose. | ||||||
23 | This paragraph (v) does not apply to any bona fide | ||||||
24 | restaurant open to the general public having dining | ||||||
25 | facilities for at least 25 persons and that receives at | ||||||
26 | least 50% of its gross annual income from the dining |
| |||||||
| |||||||
1 | facilities by the sale of food. | ||||||
2 | (vi) Any area of an airport to which access is | ||||||
3 | controlled by the inspection of persons and property. | ||||||
4 | (vii) Any place where the carrying of a firearm is | ||||||
5 | prohibited by federal law. | ||||||
6 | (viii) Inside any elementary or secondary school | ||||||
7 | facility without the consent of school authorities. | ||||||
8 | (ix) Any portion of a building used as a child care | ||||||
9 | facility without the consent of the manager. Nothing in | ||||||
10 | this Section shall prevent the operator of a child care | ||||||
11 | facility in a family home from owning or possessing a | ||||||
12 | firearm or license. | ||||||
13 | (x) A riverboat gambling operation or horse racing | ||||||
14 | facility accessible by the public. | ||||||
15 | (xi) Any gated area of an amusement park. | ||||||
16 | (xii) Any stadium, arena, or collegiate or | ||||||
17 | professional sporting event. | ||||||
18 | (xiii) A church or other place of religious worship. | ||||||
19 | A violation of this subsection (a) is a Class A | ||||||
20 | misdemeanor. | ||||||
21 | (a-5) A concealed firearm license does not authorize the | ||||||
22 | concealed carrying or transportation of a stun gun or taser. | ||||||
23 | (b) The owner, business or commercial lessee, manager of a | ||||||
24 | private business enterprise, or any other organization, | ||||||
25 | entity, or person in control of a premises may: | ||||||
26 | (i) prohibit persons holding a license for concealed |
| |||||||
| |||||||
1 | firearms from carrying concealed firearms on the premises; | ||||||
2 | and | ||||||
3 | (ii) prohibit employees holding a license for | ||||||
4 | concealed firearms, not under a collective bargaining | ||||||
5 | agreement, who are not authorized by the employer, from | ||||||
6 | carrying concealed firearms on the property of the | ||||||
7 | employer. | ||||||
8 | If the building or the premises are open to the public, the | ||||||
9 | employer of the business enterprise shall post conspicuous | ||||||
10 | signs on or about the premises notifying the public that | ||||||
11 | carrying a concealed firearm is prohibited. Possession of a | ||||||
12 | firearm in a vehicle on the premises shall not be a criminal | ||||||
13 | offense if the firearm is not removed from the vehicle or | ||||||
14 | brandished while the vehicle is on the premises. An employer | ||||||
15 | may prohibit employees, not under a collective bargaining | ||||||
16 | agreement, or other persons holding a license for a concealed | ||||||
17 | firearm from carrying a concealed firearm in vehicles owned by | ||||||
18 | the employer. Carrying a concealed firearm in a location | ||||||
19 | specified in this subsection (b) by a license holder shall not | ||||||
20 | be a criminal offense but may subject the person to denial to | ||||||
21 | the premises or removal from the premises. | ||||||
22 | Section 70. Immunity of sheriff, employees, and agents. The | ||||||
23 | office of the sheriff, or any employee or agent of the sheriff, | ||||||
24 | shall not be liable for damages in any civil action arising | ||||||
25 | from alleged wrongful or improper granting, renewing, or |
| |||||||
| |||||||
1 | failure to revoke licenses issued under this Act. The office of | ||||||
2 | the sheriff or any employee or agent of the office of the | ||||||
3 | sheriff shall not be liable for submitting specific and | ||||||
4 | articulable reasons why an applicant should be denied a | ||||||
5 | license, unless the objection contains false, malicious, or | ||||||
6 | inaccurate information. | ||||||
7 | Section 75. Applicant training.
| ||||||
8 | (a) The applicant training course shall be the standardized | ||||||
9 | training course furnished by the Board and taught by a | ||||||
10 | qualified firearms instructor, consisting of: | ||||||
11 | (1) Eight hours of classroom instruction, covering at | ||||||
12 | least the following topics: | ||||||
13 | (i) handgun safety in the classroom, at home, on | ||||||
14 | the firing range and while carrying the firearm; | ||||||
15 | (ii) the basic principles of marksmanship; | ||||||
16 | (iii) care and cleaning of handguns; | ||||||
17 | (iv) by means of a videotape produced or approved | ||||||
18 | by the Board: | ||||||
19 | (A) the requirements for obtaining a concealed | ||||||
20 | firearms license in this State; | ||||||
21 | (B) laws relating to firearms as prescribed in | ||||||
22 | the Firearm Owners Identification Card Act, | ||||||
23 | Article 24 of the Criminal Code of 2012, and 18 | ||||||
24 | U.S.C. 921 through 930; and | ||||||
25 | (C) laws relating to the justifiable use of |
| |||||||
| |||||||
1 | force as prescribed in Article 7 of the Criminal | ||||||
2 | Code of 2012; | ||||||
3 | (v) a written exam not to exceed 100 questions | ||||||
4 | testing the knowledge of the applicant on the subject | ||||||
5 | matter covered in the course. | ||||||
6 | (2) Live firing exercises of sufficient duration for | ||||||
7 | each applicant to fire a handgun: | ||||||
8 | (i) from a standing position; | ||||||
9 | (ii) a minimum of 20 rounds; | ||||||
10 | (iii) at a distance of 7 yards from a B-21 | ||||||
11 | silhouette target, or an equivalent as approved by the | ||||||
12 | Board. | ||||||
13 | (b) The classroom portion of the course may be, at the | ||||||
14 | qualified firearms instructor's discretion, divided into | ||||||
15 | segments of not less than 2 hours each. | ||||||
16 | (c)(1) An applicant training course shall not be open to | ||||||
17 | persons who are less than 21 years of age. | ||||||
18 | (2) Applicant training course students shall complete a | ||||||
19 | course application form, which shall include a statement | ||||||
20 | acknowledging receipt of copies of pertinent statutory | ||||||
21 | provisions listed in clauses (A), (B), and (C) of subparagraph | ||||||
22 | (iv) of paragraph (1) of subsection (a) and a liability waiver. | ||||||
23 | (3) The course application form may be obtained from the | ||||||
24 | qualified firearms instructor at the time of the course.
| ||||||
25 | (d) At the conclusion of the classroom portion of the | ||||||
26 | applicant training course, the qualified firearms instructor |
| |||||||
| |||||||
1 | shall: | ||||||
2 | (1) distribute a standard course examination to the | ||||||
3 | students; | ||||||
4 | (2) not leave the room in which the examination is | ||||||
5 | being held while the examination is in progress; | ||||||
6 | (3) collect examination booklets and answer sheets | ||||||
7 | from each student at the end of the examination period; | ||||||
8 | (4) not grade the examinations in the presence of | ||||||
9 | students; and | ||||||
10 | (5) not divulge an applicant's numeric score on the day | ||||||
11 | of the examination, but the instructor may indicate whether | ||||||
12 | an applicant passed or failed the examination. | ||||||
13 | (e) A person shall not: | ||||||
14 | (1) Make an unauthorized copy of the applicant training | ||||||
15 | course examination, in whole or in part; | ||||||
16 | (2) Possess the applicant training course examination, | ||||||
17 | or questions from the examination, unless authorized by the | ||||||
18 | Board; or | ||||||
19 | (3) Divulge the contents of an applicant training | ||||||
20 | course examination question to another person.
| ||||||
21 | (f)(1) Students shall provide their own safe, functional | ||||||
22 | handgun and factory-loaded ammunition. | ||||||
23 | (2) Prior to conducting range firing, the certified | ||||||
24 | firearms instructor shall: | ||||||
25 | (i) inspect each applicant's firearm; and | ||||||
26 | (ii) not allow the firing of a handgun that is not in |
| |||||||
| |||||||
1 | sound mechanical condition or otherwise may pose a safety | ||||||
2 | hazard. | ||||||
3 | (g) Grades of "passing" shall not be given on range work to | ||||||
4 | an applicant who: | ||||||
5 | (1) does not follow the orders of the certified | ||||||
6 | firearms instructor; | ||||||
7 | (2) in the judgment of the certified firearms | ||||||
8 | instructor, handles a firearm in a manner that poses a | ||||||
9 | danger to the applicant or to others; or | ||||||
10 | (3) during the testing portion of the range work fails | ||||||
11 | to hit the silhouette portion of the target with a majority | ||||||
12 | of 20 rounds. | ||||||
13 | (h) Certified firearms instructors shall: | ||||||
14 | (1) allow monitoring of their classes by officials of | ||||||
15 | any certifying agency; | ||||||
16 | (2) make all course records available upon demand to | ||||||
17 | authorized personnel of the Board; and
| ||||||
18 | (3) not divulge course records except as authorized by | ||||||
19 | the certifying agency. | ||||||
20 | (i)(1) Fees for applicant training courses shall not exceed | ||||||
21 | $125 per student. | ||||||
22 | (2) Qualified firearms instructors shall collect the fee | ||||||
23 | and remit $25 of the fee to the Board. | ||||||
24 | (3) Fees shall not be refunded to students who fail or | ||||||
25 | otherwise do not complete the course.
| ||||||
26 | (j) An applicant training course shall not have more than |
| |||||||
| |||||||
1 | 40 students in the classroom portion or more than 5 students | ||||||
2 | per range officer engaged in range firing. | ||||||
3 | (k) Within 3 working days after the completion of the | ||||||
4 | course, the certified firearms instructor shall: | ||||||
5 | (1) grade the examinations; and | ||||||
6 | (2) mail to the Board: | ||||||
7 | (i) the completed course application form, showing | ||||||
8 | the student's score on the written examination and | ||||||
9 | indicating whether the student passed or failed the | ||||||
10 | range work, and | ||||||
11 | (ii) the graded examinations. | ||||||
12 | (l) Within 15 days after receipt of the material described | ||||||
13 | in subsection (k), the Board shall mail to the applicant:
| ||||||
14 | (i) a certificate of successful course completion; or | ||||||
15 | (ii) notification that the applicant has failed the | ||||||
16 | course and will not be certified. | ||||||
17 | (m) A student shall be issued a certificate of completion | ||||||
18 | if he or she: | ||||||
19 |
(i) answers at least 70% of the written examination | ||||||
20 | questions correctly; and | ||||||
21 | (ii) achieves a grade of "passing" on the range work. | ||||||
22 | (n)(i) Students who score below 70% on the written | ||||||
23 | examination may retake the examination one time without having | ||||||
24 | to retake the course. | ||||||
25 | (ii) Students who do not achieve a grade of "passing" on | ||||||
26 | the range work may repeat the range work twice without having |
| |||||||
| |||||||
1 | to retake the course. | ||||||
2 | (iii) Notices of failure will include information on | ||||||
3 | whether the student failed the written exam, the range firing, | ||||||
4 | or both. | ||||||
5 | Section 80. Firearms instructor certification.
The Board | ||||||
6 | shall certify instructors who have met the requirements of this | ||||||
7 | Section. | ||||||
8 | (a) Persons who are not certified firearms instructors | ||||||
9 | shall not teach applicant training courses. | ||||||
10 | (b) Persons who are not certified firearms instructors | ||||||
11 | shall not advertise or otherwise represent courses they teach | ||||||
12 | as qualifying their students to meet the requirements to | ||||||
13 | receive a license to carry concealed firearms in this State. | ||||||
14 | (c) Persons who are not certified instructor trainers shall | ||||||
15 | not teach instructor qualification courses. | ||||||
16 | (d) Persons wishing to become certified firearms | ||||||
17 | instructors shall: | ||||||
18 | (1) be at least 21 years of age; | ||||||
19 | (2) be a citizen of the United States; and | ||||||
20 | (3) meet the requirements of subsection (b) of Section | ||||||
21 | 15. Persons wishing to become instructor trainers, in | ||||||
22 | addition to the other requirements of this subsection (d), | ||||||
23 | shall: | ||||||
24 | (A) possess at least a high school diploma or GED | ||||||
25 | certificate, |
| |||||||
| |||||||
1 | (B) have at least one of the following valid | ||||||
2 | firearms instructor certifications: | ||||||
3 | (I) National Rifle Association Personal | ||||||
4 | Protection Instructor; | ||||||
5 | (II) National Rifle Association Pistol | ||||||
6 | Marksmanship Instructor; | ||||||
7 | (III) Certification from a firearms | ||||||
8 | instructor's course offered by a State or federal | ||||||
9 | governmental agency; or | ||||||
10 | (IV) A similar firearms instructor qualifying | ||||||
11 | course, approved by the Police Training Board. | ||||||
12 | (e)(1) Applicants shall agree to criminal history | ||||||
13 | background checks.
| ||||||
14 | (2) An applicant may be disqualified from becoming a | ||||||
15 | certified instructor, or have his or her instructor | ||||||
16 | qualification revoked if the applicant: | ||||||
17 | (A) does not meet the requirements of this Act to | ||||||
18 | possess a concealed firearms license; | ||||||
19 | (B) provides false or misleading information to the | ||||||
20 | Board; or | ||||||
21 | (C) has had a prior instructor qualification revoked by | ||||||
22 | the Board. | ||||||
23 | (f) The training course to certify firearms instructors and | ||||||
24 | instructor trainers shall include: | ||||||
25 | (1) 16 hours of classroom instruction covering at least | ||||||
26 | the following topics: |
| |||||||
| |||||||
1 | (i) By means of a videotape produced or approved by the | ||||||
2 | Board: | ||||||
3 | (A) the requirements for obtaining a concealed | ||||||
4 | firearms license in this State;
| ||||||
5 | (B) laws relating to firearms as contained in the | ||||||
6 | Firearm Owners Identification Card Act, Article 24 of | ||||||
7 | the Criminal Code of 2012, and 18 U.S.C. 921 through | ||||||
8 | 930; | ||||||
9 | (C) laws relating to the justifiable use of force | ||||||
10 | as contained in Article 7 of the Criminal Code of 2012; | ||||||
11 | (D) the conduct of applicant training courses; | ||||||
12 | (E) record-keeping requirements of this Act; | ||||||
13 | (F) the basic nomenclature of handguns; | ||||||
14 | (G) the basic principles of marksmanship; and | ||||||
15 | (H) the safe handling of handguns. | ||||||
16 | (2) A classroom demonstration, during which the | ||||||
17 | instructor candidate shall receive instruction on and | ||||||
18 | demonstrate competency in the ability to prepare and | ||||||
19 | deliver a classroom presentation using materials from the | ||||||
20 | applicant curriculum. | ||||||
21 | (3) Range instruction and firing of live ammunition, | ||||||
22 | during which the instructor candidate shall receive | ||||||
23 | instruction on and demonstrate competency in the ability | ||||||
24 | to: | ||||||
25 | (i) handle and fire a handgun safely and | ||||||
26 | accurately; |
| |||||||
| |||||||
1 | (ii) conduct a function test and safety inspection | ||||||
2 | of common types of handguns; | ||||||
3 | (iii) clean common types of handguns; and | ||||||
4 | (iv) supervise and conduct live firing exercises | ||||||
5 | in a safe and efficient manner. | ||||||
6 | (g) To qualify as a certified firearms instructor or | ||||||
7 | instructor trainer, instructor candidates shall achieve: | ||||||
8 | (1) A minimum score of 70% on a written examination | ||||||
9 | covering the material taught during the classroom portion | ||||||
10 | of the course; | ||||||
11 | (2) A minimum score of 80% on range firing of a handgun | ||||||
12 | from the standing position while aiming at a B-21 PC | ||||||
13 | silhouette target or an equivalent as approved by the | ||||||
14 | Board, with a minimum of: | ||||||
15 | (i) ten rounds from 7 yards; and | ||||||
16 | (ii) ten rounds from 15 yards; and | ||||||
17 | (iii) a score of "passing" from the course | ||||||
18 | instructor for demonstrating competency in each of the | ||||||
19 | following: | ||||||
20 | (A) Supervising and conducting live fire; | ||||||
21 | (B) Cleaning and inspecting handguns; and | ||||||
22 | (C) Preparing and delivering the classroom | ||||||
23 | lecture. | ||||||
24 | (h) Instructor candidates who fail to meet the minimum | ||||||
25 | requirements of subsection (g) of this Section may retake the | ||||||
26 | examination, range work, or classroom demonstration one time |
| |||||||
| |||||||
1 | without having to repeat the course. | ||||||
2 | (i) Qualified firearms instructor and instructor trainer | ||||||
3 | certificates shall be valid for 5 years from the date of | ||||||
4 | issuance. Qualified firearms instructors or instructor | ||||||
5 | trainers may renew their certification by successfully | ||||||
6 | completing a refresher course offered or approved by the Board. | ||||||
7 | (j) The fees for instructor trainer or refresher courses | ||||||
8 | shall be $100 per student. | ||||||
9 | (1) The fees for qualified instructor courses shall be | ||||||
10 | no more than $100 per student. The instructor trainer shall | ||||||
11 | remit $25 per student to the Board. | ||||||
12 | (2) Fees shall not be refunded to those who do not pass | ||||||
13 | or otherwise fail to complete a course. | ||||||
14 | (k) Course participants shall provide their own safe,
| ||||||
15 | functional handgun and factory-loaded ammunition. | ||||||
16 | (l) Prior to conducting range firing, the course instructor | ||||||
17 | shall: | ||||||
18 | (i) inspect each applicant's firearm; and | ||||||
19 | (ii) not allow the firing of a handgun which is not in | ||||||
20 | sound mechanical condition or otherwise may pose a safety | ||||||
21 | hazard.
| ||||||
22 | Section 85. Study. The Secretary of State shall conduct a | ||||||
23 | study, to determine the cost and feasibility of creating a | ||||||
24 | method of adding an identifiable code, background, or other | ||||||
25 | means to show that a person has been issued a license to carry |
| |||||||
| |||||||
1 | a concealed firearm by the sheriff on the person's driver's | ||||||
2 | license or State identification card. | ||||||
3 | Section 90. Report. By March 1 of each year, the | ||||||
4 | Department of State Police shall submit a statistical report to | ||||||
5 | the Governor, the President of the Senate, and the Speaker of | ||||||
6 | the House of Representatives, indicating the number of licenses | ||||||
7 | issued, revoked, suspended, denied, and issued after appeal in | ||||||
8 | the previous calendar year and in total and also the number of | ||||||
9 | licenses currently valid. The report shall also include the | ||||||
10 | number of arrests, convictions, and types of crimes in the | ||||||
11 | previous calendar year by individuals issued licenses to carry | ||||||
12 | a concealed firearm. | ||||||
13 | Section 95. Preemption.
The regulating of carrying | ||||||
14 | firearms being an exclusive function of the State under Section | ||||||
15 | 24-1 and 24-1.6 of the Criminal Code of 2012, an ordinance of a | ||||||
16 | unit of local government, including a home rule unit, is | ||||||
17 | invalid if it is inconsistent with the Illinois License to | ||||||
18 | Carry Firearms for Self-Defense Act. It is declared to be the | ||||||
19 | policy of this State that the regulation of the right to carry | ||||||
20 | concealed firearms and the issuance of licenses to carry | ||||||
21 | concealed firearms is an exclusive power and function of the | ||||||
22 | State. A home rule unit may not regulate the carrying of | ||||||
23 | concealed firearms. This Section is a denial and limitation of | ||||||
24 | home rule powers and functions under subsection (h) of Section |
| |||||||
| |||||||
1 | 6 of Article VII of the Illinois Constitution.
| ||||||
2 | Section 100. Severability. The provisions of this Act are | ||||||
3 | severable under Section 1.31 of the Statute on Statutes. | ||||||
4 | Section 105. The Illinois Police Training Act is amended by | ||||||
5 | adding Section 10.6 as follows: | ||||||
6 | (50 ILCS 705/10.6 new)
| ||||||
7 | Sec. 10.6. Illinois License to Carry Firearms for | ||||||
8 | Self-Defense Act training course. The Board shall initiate, | ||||||
9 | develop, and oversee a training course for the Illinois License | ||||||
10 | to Carry Firearms for Self-Defense Act under that Act. The | ||||||
11 | training course shall include all of the subjects enumerated in | ||||||
12 | the Illinois License to Carry Firearms for Self-Defense Act. | ||||||
13 | The Board shall issue a certificate to those persons | ||||||
14 | successfully completing the course according to that Act.
| ||||||
15 | Section 110. The Criminal Code of 2012 is amended by | ||||||
16 | changing Section 24-2 as follows:
| ||||||
17 | (720 ILCS 5/24-2)
| ||||||
18 | Sec. 24-2. Exemptions.
| ||||||
19 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
20 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
21 | the following:
|
| |||||||
| |||||||
1 | (1) Peace officers, and any person summoned by a peace | ||||||
2 | officer to
assist in making arrests or preserving the | ||||||
3 | peace, while actually engaged in
assisting such officer.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
5 | penitentiaries, jails and other institutions for the | ||||||
6 | detention of persons
accused or convicted of an offense, | ||||||
7 | while in the performance of their
official duty, or while | ||||||
8 | commuting between their homes and places of employment.
| ||||||
9 | (3) Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States
or the Illinois National Guard or the | ||||||
11 | Reserve Officers Training Corps,
while in the performance | ||||||
12 | of their official duty.
| ||||||
13 | (4) Special agents employed by a railroad or a public | ||||||
14 | utility to
perform police functions, and guards of armored | ||||||
15 | car companies, while
actually engaged in the performance of | ||||||
16 | the duties of their employment or
commuting between their | ||||||
17 | homes and places of employment; and watchmen
while actually | ||||||
18 | engaged in the performance of the duties of their | ||||||
19 | employment.
| ||||||
20 | (5) Persons licensed as private security contractors, | ||||||
21 | private
detectives, or private alarm contractors, or | ||||||
22 | employed by an agency
certified by the Department of | ||||||
23 | Financial and Professional Regulation, if their duties
| ||||||
24 | include the carrying of a weapon under the provisions of | ||||||
25 | the Private
Detective, Private Alarm,
Private Security, | ||||||
26 | Fingerprint Vendor, and Locksmith Act of 2004,
while |
| |||||||
| |||||||
1 | actually
engaged in the performance of the duties of their | ||||||
2 | employment or commuting
between their homes and places of | ||||||
3 | employment, provided that such commuting
is accomplished | ||||||
4 | within one hour from departure from home or place of
| ||||||
5 | employment, as the case may be. A person shall be | ||||||
6 | considered eligible for this
exemption if he or she has | ||||||
7 | completed the required 20
hours of training for a private | ||||||
8 | security contractor, private
detective, or private alarm | ||||||
9 | contractor, or employee of a licensed agency and 20 hours | ||||||
10 | of required firearm
training, and has been issued a firearm | ||||||
11 | control card by
the Department of Financial and | ||||||
12 | Professional Regulation. Conditions for the renewal of
| ||||||
13 | firearm control cards issued under the provisions of this | ||||||
14 | Section
shall be the same as for those cards issued under | ||||||
15 | the provisions of the
Private Detective, Private Alarm,
| ||||||
16 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
17 | 2004. The
firearm control card shall be carried by the | ||||||
18 | private security contractor, private
detective, or private | ||||||
19 | alarm contractor, or employee of the licensed agency at all
| ||||||
20 | times when he or she is in possession of a concealable | ||||||
21 | weapon.
| ||||||
22 | (6) Any person regularly employed in a commercial or | ||||||
23 | industrial
operation as a security guard for the protection | ||||||
24 | of persons employed
and private property related to such | ||||||
25 | commercial or industrial
operation, while actually engaged | ||||||
26 | in the performance of his or her
duty or traveling between |
| |||||||
| |||||||
1 | sites or properties belonging to the
employer, and who, as | ||||||
2 | a security guard, is a member of a security force of
at | ||||||
3 | least 5 persons registered with the Department of Financial | ||||||
4 | and Professional
Regulation; provided that such security | ||||||
5 | guard has successfully completed a
course of study, | ||||||
6 | approved by and supervised by the Department of
Financial | ||||||
7 | and Professional Regulation, consisting of not less than 40 | ||||||
8 | hours of training
that includes the theory of law | ||||||
9 | enforcement, liability for acts, and the
handling of | ||||||
10 | weapons. A person shall be considered eligible for this
| ||||||
11 | exemption if he or she has completed the required 20
hours | ||||||
12 | of training for a security officer and 20 hours of required | ||||||
13 | firearm
training, and has been issued a firearm control | ||||||
14 | card by
the Department of Financial and Professional | ||||||
15 | Regulation. Conditions for the renewal of
firearm control | ||||||
16 | cards issued under the provisions of this Section
shall be | ||||||
17 | the same as for those cards issued under the provisions of | ||||||
18 | the
Private Detective, Private Alarm,
Private Security, | ||||||
19 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
20 | control card shall be carried by the security guard at all
| ||||||
21 | times when he or she is in possession of a concealable | ||||||
22 | weapon.
| ||||||
23 | (7) Agents and investigators of the Illinois | ||||||
24 | Legislative Investigating
Commission authorized by the | ||||||
25 | Commission to carry the weapons specified in
subsections | ||||||
26 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
| |||||||
| |||||||
1 | any investigation for the Commission.
| ||||||
2 | (8) Persons employed by a financial institution for the | ||||||
3 | protection of
other employees and property related to such | ||||||
4 | financial institution, while
actually engaged in the | ||||||
5 | performance of their duties, commuting between
their homes | ||||||
6 | and places of employment, or traveling between sites or
| ||||||
7 | properties owned or operated by such financial | ||||||
8 | institution, provided that
any person so employed has | ||||||
9 | successfully completed a course of study,
approved by and | ||||||
10 | supervised by the Department of Financial and Professional | ||||||
11 | Regulation,
consisting of not less than 40 hours of | ||||||
12 | training which includes theory of
law enforcement, | ||||||
13 | liability for acts, and the handling of weapons.
A person | ||||||
14 | shall be considered to be eligible for this exemption if he | ||||||
15 | or
she has completed the required 20 hours of training for | ||||||
16 | a security officer
and 20 hours of required firearm | ||||||
17 | training, and has been issued a
firearm control card by the | ||||||
18 | Department of Financial and Professional Regulation.
| ||||||
19 | Conditions for renewal of firearm control cards issued | ||||||
20 | under the
provisions of this Section shall be the same as | ||||||
21 | for those issued under the
provisions of the Private | ||||||
22 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
23 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
24 | card shall be carried by the person so
trained at all times | ||||||
25 | when such person is in possession of a concealable
weapon. | ||||||
26 | For purposes of this subsection, "financial institution" |
| |||||||
| |||||||
1 | means a
bank, savings and loan association, credit union or | ||||||
2 | company providing
armored car services.
| ||||||
3 | (9) Any person employed by an armored car company to | ||||||
4 | drive an armored
car, while actually engaged in the | ||||||
5 | performance of his duties.
| ||||||
6 | (10) Persons who have been classified as peace officers | ||||||
7 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
8 | (11) Investigators of the Office of the State's | ||||||
9 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
10 | governors of the Office of the
State's Attorneys Appellate | ||||||
11 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
12 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
13 | (12) Special investigators appointed by a State's | ||||||
14 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
15 | (12.5) Probation officers while in the performance of | ||||||
16 | their duties, or
while commuting between their homes, | ||||||
17 | places of employment or specific locations
that are part of | ||||||
18 | their assigned duties, with the consent of the chief judge | ||||||
19 | of
the circuit for which they are employed.
| ||||||
20 | (13) Court Security Officers while in the performance | ||||||
21 | of their official
duties, or while commuting between their | ||||||
22 | homes and places of employment, with
the
consent of the | ||||||
23 | Sheriff.
| ||||||
24 | (13.5) A person employed as an armed security guard at | ||||||
25 | a nuclear energy,
storage, weapons or development site or | ||||||
26 | facility regulated by the Nuclear
Regulatory Commission |
| |||||||
| |||||||
1 | who has completed the background screening and training
| ||||||
2 | mandated by the rules and regulations of the Nuclear | ||||||
3 | Regulatory Commission.
| ||||||
4 | (14) Manufacture, transportation, or sale of weapons | ||||||
5 | to
persons
authorized under subdivisions (1) through | ||||||
6 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
7 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
8 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
9 | (1) Members of any club or organization organized for | ||||||
10 | the purpose of
practicing shooting at targets upon | ||||||
11 | established target ranges, whether
public or private, and | ||||||
12 | patrons of such ranges, while such members
or patrons are | ||||||
13 | using their firearms on those target ranges.
| ||||||
14 | (2) Duly authorized military or civil organizations | ||||||
15 | while parading,
with the special permission of the | ||||||
16 | Governor.
| ||||||
17 | (3) Hunters, trappers or fishermen with a license or
| ||||||
18 | permit while engaged in hunting,
trapping or fishing.
| ||||||
19 | (4) Transportation of weapons that are broken down in a
| ||||||
20 | non-functioning state or are not immediately accessible.
| ||||||
21 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
22 | gun or taser or other firearm on the land or in the legal | ||||||
23 | dwelling of another person as an invitee with that person's | ||||||
24 | permission. | ||||||
25 | (6) Carrying a concealed firearm by a licensee who (i) | ||||||
26 | has a valid license to carry a concealed firearm issued |
| |||||||
| |||||||
1 | under the Illinois License to Carry Firearms for | ||||||
2 | Self-Defense Act; or (ii) has an expired license to carry a | ||||||
3 | concealed firearm issued under the Illinois License to | ||||||
4 | Carry Firearms for Self-Defense Act, which has been expired | ||||||
5 | for 60 days or less and the person is otherwise eligible | ||||||
6 | for a license under the Act. | ||||||
7 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
8 | of the
following:
| ||||||
9 | (1) Peace officers while in performance of their | ||||||
10 | official duties.
| ||||||
11 | (2) Wardens, superintendents and keepers of prisons, | ||||||
12 | penitentiaries,
jails and other institutions for the | ||||||
13 | detention of persons accused or
convicted of an offense.
| ||||||
14 | (3) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United States
or the Illinois National Guard, while in | ||||||
16 | the performance of their official
duty.
| ||||||
17 | (4) Manufacture, transportation, or sale of machine | ||||||
18 | guns to persons
authorized under subdivisions (1) through | ||||||
19 | (3) of this subsection to
possess machine guns, if the | ||||||
20 | machine guns are broken down in a
non-functioning state or | ||||||
21 | are not immediately accessible.
| ||||||
22 | (5) Persons licensed under federal law to manufacture | ||||||
23 | any weapon from
which 8 or more shots or bullets can be | ||||||
24 | discharged by a
single function of the firing device, or | ||||||
25 | ammunition for such weapons, and
actually engaged in the | ||||||
26 | business of manufacturing such weapons or
ammunition, but |
| |||||||
| |||||||
1 | only with respect to activities which are within the lawful
| ||||||
2 | scope of such business, such as the manufacture, | ||||||
3 | transportation, or testing
of such weapons or ammunition. | ||||||
4 | This exemption does not authorize the
general private | ||||||
5 | possession of any weapon from which 8 or more
shots or | ||||||
6 | bullets can be discharged by a single function of the | ||||||
7 | firing
device, but only such possession and activities as | ||||||
8 | are within the lawful
scope of a licensed manufacturing | ||||||
9 | business described in this paragraph.
| ||||||
10 | During transportation, such weapons shall be broken | ||||||
11 | down in a
non-functioning state or not immediately | ||||||
12 | accessible.
| ||||||
13 | (6) The manufacture, transport, testing, delivery, | ||||||
14 | transfer or sale,
and all lawful commercial or experimental | ||||||
15 | activities necessary thereto, of
rifles, shotguns, and | ||||||
16 | weapons made from rifles or shotguns,
or ammunition for | ||||||
17 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
18 | person operating as a contractor or subcontractor pursuant | ||||||
19 | to a
contract or subcontract for the development and supply | ||||||
20 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
21 | United States government or any
branch of the Armed Forces | ||||||
22 | of the United States, when such activities are
necessary | ||||||
23 | and incident to fulfilling the terms of such contract.
| ||||||
24 | The exemption granted under this subdivision (c)(6)
| ||||||
25 | shall also apply to any authorized agent of any such | ||||||
26 | contractor or
subcontractor who is operating within the |
| |||||||
| |||||||
1 | scope of his employment, where
such activities involving | ||||||
2 | such weapon, weapons or ammunition are necessary
and | ||||||
3 | incident to fulfilling the terms of such contract.
| ||||||
4 | During transportation, any such weapon shall be broken | ||||||
5 | down in a
non-functioning state, or not immediately | ||||||
6 | accessible.
| ||||||
7 | (7) A person possessing a rifle with a barrel or | ||||||
8 | barrels less than 16 inches in length if: (A) the person | ||||||
9 | has been issued a Curios and Relics license from the U.S. | ||||||
10 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
11 | the person is an active member of a bona fide, nationally | ||||||
12 | recognized military re-enacting group and the modification | ||||||
13 | is required and necessary to accurately portray the weapon | ||||||
14 | for historical re-enactment purposes; the re-enactor is in | ||||||
15 | possession of a valid and current re-enacting group | ||||||
16 | membership credential; and the overall length of the weapon | ||||||
17 | as modified is not less than 26 inches. | ||||||
18 | During transportation, any such weapon shall be broken | ||||||
19 | down in a
non-functioning state, or not immediately | ||||||
20 | accessible.
| ||||||
21 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
22 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
23 | officer.
| ||||||
24 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
25 | manager or
authorized employee of any place specified in that | ||||||
26 | subsection nor to any
law enforcement officer.
|
| |||||||
| |||||||
1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
| ||||||
6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
| ||||||
8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
| ||||||
11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordinance.
| ||||||
13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordinance.
| ||||||
16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply of | ||||||
19 | those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
| ||||||
21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
| ||||||
25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device or |
| |||||||
| |||||||
1 | attachment of any kind designed,
used, or intended for use in | ||||||
2 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
3 | for those firearms equipped with those devices, and actually | ||||||
4 | engaged in the
business of manufacturing those devices, | ||||||
5 | firearms, or ammunition, but only with
respect to
activities | ||||||
6 | that are within the lawful scope of that business, such as the
| ||||||
7 | manufacture, transportation, or testing of those devices, | ||||||
8 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
9 | general private possession of any device or
attachment of any | ||||||
10 | kind designed, used, or intended for use in silencing the
| ||||||
11 | report of any firearm, but only such possession and activities | ||||||
12 | as are within
the
lawful scope of a licensed manufacturing | ||||||
13 | business described in this subsection
(g-5). During | ||||||
14 | transportation, these devices shall be detached from any weapon
| ||||||
15 | or
not immediately accessible.
| ||||||
16 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
18 | supervisor who meets the qualifications and conditions | ||||||
19 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
20 | Corrections. | ||||||
21 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
22 | officer while serving as a member of a tactical response team | ||||||
23 | or special operations team. A peace officer may not personally | ||||||
24 | own or apply for ownership of a device or attachment of any | ||||||
25 | kind designed, used, or intended for use in silencing the | ||||||
26 | report of any firearm. These devices shall be owned and |
| |||||||
| |||||||
1 | maintained by lawfully recognized units of government whose | ||||||
2 | duties include the investigation of criminal acts. | ||||||
3 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
4 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
5 | athlete's possession, transport on official Olympic and | ||||||
6 | Paralympic transit systems established for athletes, or use of | ||||||
7 | competition firearms sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting in | ||||||
10 | connection with such athlete's training for and participation | ||||||
11 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
12 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
13 | and Paralympic Games. | ||||||
14 | (h) An information or indictment based upon a violation of | ||||||
15 | any
subsection of this Article need not negative any exemptions | ||||||
16 | contained in
this Article. The defendant shall have the burden | ||||||
17 | of proving such an
exemption.
| ||||||
18 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
19 | affect
the transportation, carrying, or possession, of any | ||||||
20 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
21 | to a common carrier operating
under license of the State of | ||||||
22 | Illinois or the federal government, where
such transportation, | ||||||
23 | carrying, or possession is incident to the lawful
| ||||||
24 | transportation in which such common carrier is engaged; and | ||||||
25 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
26 | transportation, carrying,
or possession of any pistol, |
| |||||||
| |||||||
1 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
2 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
3 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
4 | carrying box, shipping box, or other container, by the | ||||||
5 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
6 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
7 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
8 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||
9 | revised 8-23-12.) | ||||||
10 | Section 999. Effective date. This Act takes effect January | ||||||
11 | 1, 2014.
|