99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5585

 

Introduced , by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/5
430 ILCS 66/10
430 ILCS 66/65
430 ILCS 66/75

    Amends the Firearm Concealed Carry Act. Changes the definition of "concealed firearm" to include a stun gun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. Provides that if the applicant seeks a license for carrying a stun gun, the applicant must have instruction in the use of stun guns. Defines "stun gun".


LRB099 18669 RLC 45027 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5585LRB099 18669 RLC 45027 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 5, 10, 65, and 75 as follows:
 
6    (430 ILCS 66/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Applicant" means a person who is applying for a license to
9carry a concealed firearm under this Act.
10    "Board" means the Concealed Carry Licensing Review Board.
11    "Concealed firearm" means a loaded or unloaded handgun or a
12stun gun carried on or about a person completely or mostly
13concealed from view of the public or on or about a person
14within a vehicle.
15    "Department" means the Department of State Police.
16    "Director" means the Director of State Police.
17    "Handgun" means any device which is designed to expel a
18projectile or projectiles by the action of an explosion,
19expansion of gas, or escape of gas that is designed to be held
20and fired by the use of a single hand. "Handgun" does not
21include:
22        (1) a stun gun or taser;
23        (2) a machine gun as defined in item (i) of paragraph

 

 

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1    (7) of subsection (a) of Section 24-1 of the Criminal Code
2    of 2012;
3        (3) a short-barreled rifle or shotgun as defined in
4    item (ii) of paragraph (7) of subsection (a) of Section
5    24-1 of the Criminal Code of 2012; or
6        (4) any pneumatic gun, spring gun, paint ball gun, or
7    B-B gun which expels a single globular projectile not
8    exceeding .18 inch in diameter, or which has a maximum
9    muzzle velocity of less than 700 feet per second, or which
10    expels breakable paint balls containing washable marking
11    colors.
12    "Law enforcement agency" means any federal, State, or local
13law enforcement agency, including offices of State's Attorneys
14and the Office of the Attorney General.
15    "License" means a license issued by the Department of State
16Police to carry a concealed handgun.
17    "Licensee" means a person issued a license to carry a
18concealed handgun.
19    "Municipality" has the meaning ascribed to it in Section 1
20of Article VII of the Illinois Constitution.
21    "Stun gun" means any device which is powered by electrical
22charging units, such as batteries, and which, upon contact with
23a human or clothing worn by a human, can send out current
24capable of disrupting the person's nervous system in such a
25manner as to render him or her incapable of normal functioning.
26    "Unit of local government" has the meaning ascribed to it

 

 

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1in Section 1 of Article VII of the Illinois Constitution.
2(Source: P.A. 98-63, eff. 7-9-13.)
 
3    (430 ILCS 66/10)
4    Sec. 10. Issuance of licenses to carry a concealed firearm.
5    (a) The Department shall issue a license to carry a
6concealed firearm under this Act to an applicant who:
7        (1) meets the qualifications of Section 25 of this Act;
8        (2) has provided the application and documentation
9    required in Section 30 of this Act;
10        (3) has submitted the requisite fees; and
11        (4) does not pose a danger to himself, herself, or
12    others, or a threat to public safety as determined by the
13    Concealed Carry Licensing Review Board in accordance with
14    Section 20.
15    (b) The Department shall issue a renewal, corrected, or
16duplicate license as provided in this Act.
17    (c) A license shall be valid throughout the State for a
18period of 5 years from the date of issuance. A license shall
19permit the licensee to:
20        (1) carry a loaded or unloaded concealed firearm, fully
21    concealed or partially concealed, on or about his or her
22    person; and
23        (2) keep or carry a loaded or unloaded concealed
24    firearm on or about his or her person within a vehicle.
25    (d) The Department shall make applications for a license

 

 

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1available no later than 180 days after the effective date of
2this Act. The Department shall establish rules for the
3availability and submission of applications in accordance with
4this Act.
5    (e) An application for a license submitted to the
6Department that contains all the information and materials
7required by this Act, including the requisite fee, shall be
8deemed completed. Except as otherwise provided in this Act, no
9later than 90 days after receipt of a completed application,
10the Department shall issue or deny the applicant a license.
11    (f) The Department shall deny the applicant a license if
12the applicant fails to meet the requirements under this Act or
13the Department receives a determination from the Board that the
14applicant is ineligible for a license. The Department must
15notify the applicant stating the grounds for the denial. The
16notice of denial must inform the applicant of his or her right
17to an appeal through administrative and judicial review.
18    (g) A licensee shall possess a license at all times the
19licensee carries a concealed firearm except:
20        (1) when the licensee is carrying or possessing a
21    concealed firearm on his or her land or in his or her
22    abode, legal dwelling, or fixed place of business, or on
23    the land or in the legal dwelling of another person as an
24    invitee with that person's permission;
25        (2) when the person is authorized to carry a firearm
26    under Section 24-2 of the Criminal Code of 2012, except

 

 

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1    subsection (a-5) of that Section; or
2        (3) when the handgun is broken down in a
3    non-functioning state, is not immediately accessible, or
4    is unloaded and enclosed in a case.
5    (h) If an officer of a law enforcement agency initiates an
6investigative stop, including but not limited to a traffic
7stop, of a licensee or a non-resident carrying a concealed
8firearm under subsection (e) of Section 40 of this Act, upon
9the request of the officer the licensee or non-resident shall
10disclose to the officer that he or she is in possession of a
11concealed firearm under this Act, or present the license upon
12the request of the officer if he or she is a licensee or
13present upon the request of the officer evidence under
14paragraph (2) of subsection (e) of Section 40 of this Act that
15he or she is a non-resident qualified to carry under that
16subsection. The disclosure requirement under this subsection
17(h) is satisfied if the licensee presents his or her license to
18the officer or the non-resident presents to the officer
19evidence under paragraph (2) of subsection (e) of Section 40 of
20this Act that he or she is qualified to carry under that
21subsection. Upon the request of the officer, the licensee or
22non-resident shall also identify the location of the concealed
23firearm and permit the officer to safely secure the firearm for
24the duration of the investigative stop. During a traffic stop,
25any passenger within the vehicle who is a licensee or a
26non-resident carrying under subsection (e) of Section 40 of

 

 

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1this Act must comply with the requirements of this subsection
2(h).
3    (h-1) If a licensee carrying a firearm or stun gun or a
4non-resident carrying a firearm in a vehicle under subsection
5(e) of Section 40 of this Act is contacted by a law enforcement
6officer or emergency services personnel, the law enforcement
7officer or emergency services personnel may secure the firearm
8or stun gun or direct that it be secured during the duration of
9the contact if the law enforcement officer or emergency
10services personnel determines that it is necessary for the
11safety of any person present, including the law enforcement
12officer or emergency services personnel. The licensee or
13nonresident shall submit to the order to secure the firearm or
14stun gun. When the law enforcement officer or emergency
15services personnel have determined that the licensee or
16non-resident is not a threat to the safety of any person
17present, including the law enforcement officer or emergency
18services personnel, and if the licensee or non-resident is
19physically and mentally capable of possessing the firearm or
20stun gun, the law enforcement officer or emergency services
21personnel shall return the firearm or stun gun to the licensee
22or non-resident before releasing him or her from the scene and
23breaking contact. If the licensee or non-resident is
24transported for treatment to another location, the firearm or
25stun gun shall be turned over to any peace officer. The peace
26officer shall provide a receipt which includes the make, model,

 

 

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1caliber, and serial number of the firearm or stun gun.
2    (i) The Department shall maintain a database of license
3applicants and licensees. The database shall be available to
4all federal, State, and local law enforcement agencies, State's
5Attorneys, the Attorney General, and authorized court
6personnel. Within 180 days after the effective date of this
7Act, the database shall be searchable and provide all
8information included in the application, including the
9applicant's previous addresses within the 10 years prior to the
10license application and any information related to violations
11of this Act. No law enforcement agency, State's Attorney,
12Attorney General, or member or staff of the judiciary shall
13provide any information to a requester who is not entitled to
14it by law.
15    (j) No later than 10 days after receipt of a completed
16application, the Department shall enter the relevant
17information about the applicant into the database under
18subsection (i) of this Section which is accessible by law
19enforcement agencies.
20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
21eff. 7-10-15.)
 
22    (430 ILCS 66/65)
23    Sec. 65. Prohibited areas.
24    (a) A licensee under this Act shall not knowingly carry a
25firearm or stun gun on or into:

 

 

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1        (1) Any building, real property, and parking area under
2    the control of a public or private elementary or secondary
3    school.
4        (2) Any building, real property, and parking area under
5    the control of a pre-school or child care facility,
6    including any room or portion of a building under the
7    control of a pre-school or child care facility. Nothing in
8    this paragraph shall prevent the operator of a child care
9    facility in a family home from owning or possessing a
10    firearm or stun gun in the home or license under this Act,
11    if no child under child care at the home is present in the
12    home or the firearm or stun gun in the home is stored in a
13    locked container when a child under child care at the home
14    is present in the home.
15        (3) Any building, parking area, or portion of a
16    building under the control of an officer of the executive
17    or legislative branch of government, provided that nothing
18    in this paragraph shall prohibit a licensee from carrying a
19    concealed firearm onto the real property, bikeway, or trail
20    in a park regulated by the Department of Natural Resources
21    or any other designated public hunting area or building
22    where firearm possession is permitted as established by the
23    Department of Natural Resources under Section 1.8 of the
24    Wildlife Code.
25        (4) Any building designated for matters before a
26    circuit court, appellate court, or the Supreme Court, or

 

 

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1    any building or portion of a building under the control of
2    the Supreme Court.
3        (5) Any building or portion of a building under the
4    control of a unit of local government.
5        (6) Any building, real property, and parking area under
6    the control of an adult or juvenile detention or
7    correctional institution, prison, or jail.
8        (7) Any building, real property, and parking area under
9    the control of a public or private hospital or hospital
10    affiliate, mental health facility, or nursing home.
11        (8) Any bus, train, or form of transportation paid for
12    in whole or in part with public funds, and any building,
13    real property, and parking area under the control of a
14    public transportation facility paid for in whole or in part
15    with public funds.
16        (9) Any building, real property, and parking area under
17    the control of an establishment that serves alcohol on its
18    premises, if more than 50% of the establishment's gross
19    receipts within the prior 3 months is from the sale of
20    alcohol. The owner of an establishment who knowingly fails
21    to prohibit concealed firearms on its premises as provided
22    in this paragraph or who knowingly makes a false statement
23    or record to avoid the prohibition on concealed firearms
24    under this paragraph is subject to the penalty under
25    subsection (c-5) of Section 10-1 of the Liquor Control Act
26    of 1934.

 

 

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1        (10) Any public gathering or special event conducted on
2    property open to the public that requires the issuance of a
3    permit from the unit of local government, provided this
4    prohibition shall not apply to a licensee who must walk
5    through a public gathering in order to access his or her
6    residence, place of business, or vehicle.
7        (11) Any building or real property that has been issued
8    a Special Event Retailer's license as defined in Section
9    1-3.17.1 of the Liquor Control Act during the time
10    designated for the sale of alcohol by the Special Event
11    Retailer's license, or a Special use permit license as
12    defined in subsection (q) of Section 5-1 of the Liquor
13    Control Act during the time designated for the sale of
14    alcohol by the Special use permit license.
15        (12) Any public playground.
16        (13) Any public park, athletic area, or athletic
17    facility under the control of a municipality or park
18    district, provided nothing in this Section shall prohibit a
19    licensee from carrying a concealed firearm while on a trail
20    or bikeway if only a portion of the trail or bikeway
21    includes a public park.
22        (14) Any real property under the control of the Cook
23    County Forest Preserve District.
24        (15) Any building, classroom, laboratory, medical
25    clinic, hospital, artistic venue, athletic venue,
26    entertainment venue, officially recognized

 

 

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1    university-related organization property, whether owned or
2    leased, and any real property, including parking areas,
3    sidewalks, and common areas under the control of a public
4    or private community college, college, or university.
5        (16) Any building, real property, or parking area under
6    the control of a gaming facility licensed under the
7    Riverboat Gambling Act or the Illinois Horse Racing Act of
8    1975, including an inter-track wagering location licensee.
9        (17) Any stadium, arena, or the real property or
10    parking area under the control of a stadium, arena, or any
11    collegiate or professional sporting event.
12        (18) Any building, real property, or parking area under
13    the control of a public library.
14        (19) Any building, real property, or parking area under
15    the control of an airport.
16        (20) Any building, real property, or parking area under
17    the control of an amusement park.
18        (21) Any building, real property, or parking area under
19    the control of a zoo or museum.
20        (22) Any street, driveway, parking area, property,
21    building, or facility, owned, leased, controlled, or used
22    by a nuclear energy, storage, weapons, or development site
23    or facility regulated by the federal Nuclear Regulatory
24    Commission. The licensee shall not under any circumstance
25    store a firearm or ammunition or stun gun in his or her
26    vehicle or in a compartment or container within a vehicle

 

 

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1    located anywhere in or on the street, driveway, parking
2    area, property, building, or facility described in this
3    paragraph.
4        (23) Any area where firearms are prohibited under
5    federal law.
6    (a-5) Nothing in this Act shall prohibit a public or
7private community college, college, or university from:
8        (1) prohibiting persons from carrying a firearm within
9    a vehicle owned, leased, or controlled by the college or
10    university;
11        (2) developing resolutions, regulations, or policies
12    regarding student, employee, or visitor misconduct and
13    discipline, including suspension and expulsion;
14        (3) developing resolutions, regulations, or policies
15    regarding the storage or maintenance of firearms, which
16    must include designated areas where persons can park
17    vehicles that carry firearms; and
18        (4) permitting the carrying or use of firearms or stun
19    guns for the purpose of instruction and curriculum of
20    officially recognized programs, including but not limited
21    to military science and law enforcement training programs,
22    or in any designated area used for hunting purposes or
23    target shooting.
24    (a-10) The owner of private real property of any type may
25prohibit the carrying of concealed firearms on the property
26under his or her control. The owner must post a sign in

 

 

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

 

 

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1licensee in accordance with all other applicable provisions of
2law.
3    (d) Signs stating that the carrying of firearms or stun
4guns is prohibited shall be clearly and conspicuously posted at
5the entrance of a building, premises, or real property
6specified in this Section as a prohibited area, unless the
7building or premises is a private residence. Signs shall be of
8a uniform design as established by the Department and shall be
94 inches by 6 inches in size. The Department shall adopt rules
10for standardized signs to be used under this subsection.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
12    (430 ILCS 66/75)
13    Sec. 75. Applicant firearm training.
14    (a) Within 60 days of the effective date of this Act, the
15Department shall begin approval of firearm training courses and
16shall make a list of approved courses available on the
17Department's website.
18    (b) An applicant for a new license shall provide proof of
19completion of a firearms training course or combination of
20courses approved by the Department of at least 16 hours, which
21includes range qualification time under subsection (c) of this
22Section, that covers the following:
23        (1) firearm safety;
24        (2) the basic principles of marksmanship;
25        (3) care, cleaning, loading, and unloading of a

 

 

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1    concealable firearm;
2        (4) all applicable State and federal laws relating to
3    the ownership, storage, carry, and transportation of a
4    firearm; and
5        (5) instruction on the appropriate and lawful
6    interaction with law enforcement while transporting or
7    carrying a concealed firearm; and
8        (6) if the applicant seeks a license for carrying a
9    stun gun, instruction in the use of stun guns.
10    (c) An applicant for a new license shall provide proof of
11certification by a certified instructor that the applicant
12passed a live fire exercise with a concealable firearm
13consisting of:
14        (1) a minimum of 30 rounds; and
15        (2) 10 rounds from a distance of 5 yards; 10 rounds
16    from a distance of 7 yards; and 10 rounds from a distance
17    of 10 yards at a B-27 silhouette target approved by the
18    Department.
19    (d) An applicant for renewal of a license shall provide
20proof of completion of a firearms training course or
21combination of courses approved by the Department of at least 3
22hours.
23    (e) A certificate of completion for an applicant's firearm
24training course shall not be issued to a student who:
25        (1) does not follow the orders of the certified
26    firearms instructor;

 

 

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1        (2) in the judgment of the certified instructor,
2    handles a firearm in a manner that poses a danger to the
3    student or to others; or
4        (3) during the range firing portion of testing fails to
5    hit the target with 70% of the rounds fired.
6    (f) An instructor shall maintain a record of each student's
7performance for at least 5 years, and shall make all records
8available upon demand of authorized personnel of the
9Department.
10    (g) The Department and certified firearms instructors
11shall recognize up to 8 hours of training already completed
12toward the 16 hour training requirement under this Section if
13the training course is submitted to and approved by the
14Department. Any remaining hours that the applicant completes
15must at least cover the classroom subject matter of paragraph
16(4) of subsection (b) of this Section, and the range
17qualification in subsection (c) of this Section.
18    (h) A person who has qualified to carry a firearm or stun
19gun as an active law enforcement or corrections officer, who
20has successfully completed firearms or stun gun training as
21required by his or her law enforcement agency and is authorized
22by his or her agency to carry a firearm or stun gun; a person
23currently certified as a firearms instructor by this Act or by
24the Illinois Law Enforcement Training Standards Board; or a
25person who has completed the required training and has been
26issued a firearm control card by the Department of Financial

 

 

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1and Professional Regulation shall be exempt from the
2requirements of this Section.
3    (i) The Department and certified firearms instructors
4shall recognize 8 hours of training as completed toward the 16
5hour training requirement under this Section, if the applicant
6is an active, retired, or honorably discharged member of the
7United States Armed Forces. Any remaining hours that the
8applicant completes must at least cover the classroom subject
9matter of paragraph (4) of subsection (b) of this Section, and
10the range qualification in subsection (c) of this Section.
11    (j) The Department and certified firearms instructors
12shall recognize up to 8 hours of training already completed
13toward the 16 hour training requirement under this Section if
14the training course is approved by the Department and was
15completed in connection with the applicant's previous
16employment as a law enforcement or corrections officer. Any
17remaining hours that the applicant completes must at least
18cover the classroom subject matter of paragraph (4) of
19subsection (b) of this Section, and the range qualification in
20subsection (c) of this Section. A former law enforcement or
21corrections officer seeking credit under this subsection (j)
22shall provide evidence that he or she separated from employment
23in good standing from each law enforcement agency where he or
24she was employed. An applicant who was discharged from a law
25enforcement agency for misconduct or disciplinary reasons is
26not eligible for credit under this subsection (j).

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)