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Public Act 098-0600 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Private Detective, Private Alarm, Private | ||||
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||
amended by changing Section 31-5 as follows: | ||||
(225 ILCS 447/31-5) | ||||
(Section scheduled to be repealed on January 1, 2024) | ||||
Sec. 31-5. Exemptions. | ||||
(a) The provisions of this Act regarding fingerprint | ||||
vendors do not apply to any of the following, if the person | ||||
performing the service does not hold himself or herself out as | ||||
a fingerprint vendor or fingerprint vendor agency: | ||||
(1) An employee of the United States, Illinois, or a | ||||
political subdivision, including public school districts, | ||||
of either while the employee is engaged in the performance | ||||
of his or her official duties within the scope of his or | ||||
her employment. However, any such person who offers his or | ||||
her services as a fingerprint vendor or uses a similar | ||||
title when these services are performed for compensation or | ||||
other consideration, whether received directly or | ||||
indirectly, is subject to this Act. | ||||
(2) A person employed exclusively by only one employer |
in connection with the exclusive activities of that | ||
employer, provided that person does not hold himself or | ||
herself out to the public as a fingerprint vendor.
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(3) Any Notwithstanding any other provisions of this | ||
Act, any member of local law enforcement in the performance | ||
of his or her duties for criminal justice purposes, | ||
notwithstanding whether the . Nothing in this Act shall | ||
prohibit local law enforcement agency charges agencies | ||
from charging a reasonable fee related to the cost of | ||
offering fingerprinting services. | ||
(b) The provisions of this Act regarding fingerprint | ||
vendors do not apply to any member of a local law enforcement | ||
agency, acting on behalf of the local law enforcement agency | ||
that is registered with the Department of State Police to | ||
provide fingerprinting services for non-criminal justice | ||
purposes, notwithstanding whether the local law enforcement | ||
agency charges a reasonable fee related to the cost of offering | ||
fingerprinting services. | ||
(Source: P.A. 98-294, eff. 8-9-13.) | ||
Section 10. The Firearm Owners Identification Card Act is | ||
amended by changing Section 8.1 as follows:
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(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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Sec. 8.1. Notifications to the Department of State Police.
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(a) The Circuit Clerk shall, in the form and manner |
required by the
Supreme Court, notify the Department of State | ||
Police of all final dispositions
of cases for which the | ||
Department has received information reported to it under
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Sections 2.1 and 2.2 of the Criminal Identification Act.
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(b) Upon adjudication of any individual as a mentally | ||
disabled person as defined in Section 1.1 of this Act or a | ||
finding that a person has been involuntarily admitted, the | ||
court shall direct the circuit court clerk to immediately | ||
notify the Department of State Police, Firearm Owner's | ||
Identification (FOID) department, and shall forward a copy of | ||
the court order to the Department. | ||
(c) The Department of Human Services shall, in the form and | ||
manner prescribed by the Department of State Police, report all | ||
information collected under subsection (b) of Section 12 of the | ||
Mental Health and Developmental Disabilities Confidentiality | ||
Act for the purpose of determining whether a person who may be | ||
or may have been a patient in a mental health facility is | ||
disqualified under State or federal law from receiving or | ||
retaining a Firearm Owner's Identification Card, or purchasing | ||
a weapon. | ||
(d) If a person is determined to pose a clear and present | ||
danger to himself, herself, or to others : | ||
(1) by a physician, clinical psychologist, or | ||
qualified examiner, law enforcement official, or school | ||
administrator, or is determined to be developmentally | ||
disabled by a physician, clinical psychologist, or |
qualified examiner, whether employed by the State or | ||
privately by a private mental health facility , then the | ||
physician, clinical psychologist, or qualified examiner | ||
shall, within 24 hours of making the determination, notify | ||
the Department of Human Services that the person poses a | ||
clear and present danger or is developmentally disabled; or | ||
(2) by a law enforcement official or school | ||
administrator, then the law enforcement official or school | ||
administrator shall, within 24 hours of making the | ||
determination, notify the Department of State Police that | ||
the person poses a clear and present danger . The Department | ||
of Human Services shall immediately update its records and | ||
information relating to mental health and developmental | ||
disabilities, and if appropriate, shall notify the | ||
Department of State Police in a form and manner prescribed | ||
by the Department of State Police. The Department of State | ||
Police shall determine whether to revoke the person's | ||
Firearm Owner's Identification Card under Section 8 of this | ||
Act. Any information disclosed under this subsection shall | ||
remain privileged and confidential, and shall not be | ||
redisclosed, except as required under subsection (e) of | ||
Section 3.1 of this Act, nor used for any other purpose. | ||
The method of providing this information shall guarantee | ||
that the information is not released beyond what is | ||
necessary for the purpose of this Section and shall be | ||
provided by rule by the Department of Human Services. The |
identity of the person reporting under this Section shall | ||
not be disclosed to the subject of the report. The | ||
physician, clinical psychologist, qualified examiner, law | ||
enforcement official, or school administrator making the | ||
determination and his or her employer shall not be held | ||
criminally, civilly, or professionally liable for making | ||
or not making the notification required under this | ||
subsection, except for willful or wanton misconduct. | ||
(e) The Department of State Police shall adopt rules to | ||
implement this Section. | ||
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
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Section 15. The Firearm Concealed Carry Act is amended by | ||
changing Sections 10, 15, 20, 40, 75, and 80 as follows: | ||
(430 ILCS 66/10)
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Sec. 10. Issuance of licenses to carry a concealed firearm. | ||
(a) The Department shall issue a license to carry a | ||
concealed firearm under this Act to an applicant who: | ||
(1) meets the qualifications of Section 25 of this Act; | ||
(2) has provided the application and documentation | ||
required in Section 30 of this Act; | ||
(3) has submitted the requisite fees; and | ||
(4) does not pose a danger to himself, herself, or | ||
others, or a threat to public safety as determined by the | ||
Concealed Carry Licensing Review Board in accordance with |
Section 20. | ||
(b) The Department shall issue a renewal, corrected, or | ||
duplicate license as provided in this Act. | ||
(c) A license shall be valid throughout the State for a | ||
period of 5 years from the date of issuance. A license shall | ||
permit the licensee to: | ||
(1) carry a loaded or unloaded concealed firearm, fully | ||
concealed or partially concealed, on or about his or her | ||
person; and
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(2) keep or carry a loaded or unloaded concealed | ||
firearm on or about his or her person within a vehicle. | ||
(d) The Department shall make applications for a license | ||
available no later than 180 days after the effective date of | ||
this Act. The Department shall establish rules for the | ||
availability and submission of applications in accordance with | ||
this Act. | ||
(e) An application for a license submitted to the | ||
Department that contains all the information and materials | ||
required by this Act, including the requisite fee, shall be | ||
deemed completed. Except as otherwise provided in this Act, no | ||
later than 90 days after receipt of a completed application, | ||
the Department shall issue or deny the applicant a license. | ||
(f) The Department shall deny the applicant a license if | ||
the applicant fails to meet the requirements under this Act or | ||
the Department receives a determination from the Board that the | ||
applicant is ineligible for a license. The Department must |
notify the applicant stating the grounds for the denial. The | ||
notice of denial must inform the applicant of his or her right | ||
to an appeal through administrative and judicial review. | ||
(g) A licensee shall possess a license at all times the | ||
licensee carries a concealed firearm except: | ||
(1) when the licensee is carrying or possessing a | ||
concealed firearm on his or her land or in his or her | ||
abode, legal dwelling, or fixed place of business, or on | ||
the land or in the legal dwelling of another person as an | ||
invitee with that person's permission; | ||
(2) when the person is authorized to carry a firearm | ||
under Section 24-2 of the Criminal Code of 2012, except | ||
subsection (a-5) of that Section; or | ||
(3) when the handgun is broken down in a | ||
non-functioning state, is not immediately accessible, or | ||
is unloaded and enclosed in a case. | ||
(h) If an officer of a law enforcement agency initiates an | ||
investigative stop, including but not limited to a traffic | ||
stop, of a licensee or a non-resident carrying a concealed | ||
firearm under subsection (e) of
Section 40 of this Act who is | ||
carrying a concealed firearm , upon the request of the officer | ||
the licensee or non-resident shall disclose to the officer that | ||
he or she is in possession of a concealed firearm under this | ||
Act, present the license upon the request of the officer if he | ||
or she is a licensee or present upon the request of the officer | ||
evidence
under paragraph (2) of subsection (e) of Section 40 of |
this Act that he or she is a non-resident qualified to carry
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under that subsection , and identify the location of the | ||
concealed firearm. During a traffic stop, any
passenger within | ||
the vehicle who is a licensee or a non-resident carrying under | ||
subsection (e) of
Section 40 of this Act must comply with the | ||
requirements of this subsection (h). | ||
(i) The Department shall maintain a database of license | ||
applicants and licensees. The database shall be available to | ||
all federal, State, and local law enforcement agencies, State's | ||
Attorneys, the Attorney General, and authorized court | ||
personnel. Within 180 days after the effective date of this | ||
Act, the database shall be searchable and provide all | ||
information included in the application, including the | ||
applicant's previous addresses within the 10 years prior to the | ||
license application and any information related to violations | ||
of this Act. No law enforcement agency, State's Attorney, | ||
Attorney General, or member or staff of the judiciary shall | ||
provide any information to a requester who is not entitled to | ||
it by law. | ||
(j) No later than 10 days after receipt of a completed | ||
application, the Department shall enter the relevant | ||
information about the applicant into the database under | ||
subsection (i) of this Section which is accessible by law | ||
enforcement agencies.
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(Source: P.A. 98-63, eff. 7-9-13.) |
(430 ILCS 66/15)
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Sec. 15. Objections by law enforcement agencies. | ||
(a) Any law enforcement agency may submit an objection to a | ||
license applicant based upon a reasonable suspicion that the | ||
applicant is a danger to himself or herself or others, or a | ||
threat to public safety. The objection shall be made by the | ||
chief law enforcement officer of the law enforcement agency, or | ||
his or her designee, and must include any information relevant | ||
to the objection. If a law enforcement agency submits an | ||
objection within 30 days after the entry of an applicant into | ||
the database, the Department shall submit the objection and all | ||
information available to the Board under State and federal law | ||
related to the application to the Board within 10 days of | ||
completing all necessary background checks. | ||
(b) If an applicant has 5 or more arrests for any reason, | ||
that have been entered into the Criminal History Records | ||
Information (CHRI) System, within the 7 years preceding the | ||
date of application for a license, or has 3 or more arrests | ||
within the 7 years preceding the date of application for a | ||
license for any combination of gang-related offenses, the | ||
Department shall object and submit the applicant's arrest | ||
record to the extent the Board is allowed to receive that | ||
information under State and federal law , the application | ||
materials, and any additional information submitted by a law | ||
enforcement agency to the Board. For purposes of this | ||
subsection, "gang-related offense" is an offense described in |
Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | ||
Section 33G-4, or in paragraph (1) of subsection (a) of Section | ||
12-6.2, paragraph (2) of subsection (b) of Section 16-30, | ||
paragraph (2) of subsection (b) of Section 31-4, or item (iii) | ||
of paragraph (1.5) of subsection (i) of Section 48-1 of the | ||
Criminal Code of 2012. | ||
(c) The referral of an objection under this Section to the | ||
Board shall toll the 90-day period for the Department to issue | ||
or deny the applicant a license under subsection (e) of Section | ||
10 of this Act, during the period of review and until the Board | ||
issues its decision. | ||
(d) If no objection is made by a law enforcement agency or | ||
the Department under this Section, the Department shall process | ||
the application in accordance with this Act.
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(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/20)
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Sec. 20. Concealed Carry Licensing Review Board. | ||
(a) There is hereby created within the Department of State | ||
Police a Concealed Carry Licensing Review Board to consider any | ||
objection to an applicant's eligibility to obtain a license | ||
under this Act submitted by a law enforcement agency or the | ||
Department under Section 15 of this Act. The Board shall | ||
consist of 7 commissioners to be appointed by the Governor, | ||
with the advice and consent of the Senate, with 3 commissioners | ||
residing within the First Judicial District and one |
commissioner residing within each of the 4 remaining Judicial | ||
Districts. No more than 4 commissioners shall be members of the | ||
same political party. The Governor shall designate one | ||
commissioner as the Chairperson. The Board shall consist of: | ||
(1) one commissioner with at least 5 years of service | ||
as a federal judge; | ||
(2) 2 commissioners with at least 5 years of experience | ||
serving as an attorney with the United States Department of | ||
Justice; | ||
(3) 3 commissioners with at least 5 years of experience | ||
as a federal agent or employee with investigative | ||
experience or duties related to criminal justice under the | ||
United States Department of Justice, Drug Enforcement | ||
Administration, Department of Homeland Security, or | ||
Federal Bureau of Investigation; and | ||
(4) one member with at least 5 years of experience as a | ||
licensed physician or clinical psychologist with expertise | ||
in the diagnosis and treatment of mental illness. | ||
(b) The initial terms of the commissioners shall end on | ||
January 12, 2015. Thereafter, the commissioners shall hold | ||
office for 4 years, with terms expiring on the second Monday in | ||
January of the fourth year. Commissioners may be reappointed. | ||
Vacancies in the office of commissioner shall be filled in the | ||
same manner as the original appointment, for the remainder of | ||
the unexpired term. The Governor may remove a commissioner for | ||
incompetence, neglect of duty, malfeasance, or inability to |
serve. Commissioners shall receive compensation in an amount | ||
equal to the compensation of members of the Executive Ethics | ||
Commission and may be reimbursed for reasonable expenses | ||
actually incurred in the performance of their Board duties, | ||
from funds appropriated for that purpose. | ||
(c) The Board shall meet at the call of the chairperson as | ||
often as necessary to consider objections to applications for a | ||
license under this Act. If necessary to ensure the | ||
participation of a commissioner, the Board shall allow a | ||
commissioner to participate in a Board meeting by electronic | ||
communication. Any commissioner participating electronically | ||
shall be deemed present for purposes of establishing a quorum | ||
and voting. | ||
(d) The Board shall adopt rules for the review of | ||
objections and the conduct of hearings. The Board shall | ||
maintain a record of its decisions and all materials considered | ||
in making its decisions. All Board decisions and voting records | ||
shall be kept confidential and all materials considered by the | ||
Board shall be exempt from inspection except upon order of a | ||
court. | ||
(e) In considering an objection of a law enforcement agency | ||
or the Department, the Board shall review the materials | ||
received with the objection from the law enforcement agency or | ||
the Department. By a vote of at least 4 commissioners, the | ||
Board may request additional information from the law | ||
enforcement agency, Department, or the applicant, or the |
testimony of the law enforcement agency, Department, or the | ||
applicant. The Board may require that the applicant submit | ||
electronic fingerprints to the Department for an updated | ||
background check where the Board determines it lacks sufficient | ||
information to determine eligibility. The Board may only | ||
consider information submitted by the Department, a law | ||
enforcement agency, or the applicant. The Board shall review | ||
each objection and determine by a majority of commissioners | ||
whether an applicant is eligible for a license. | ||
(f) The Board shall issue a decision within 30 days of | ||
receipt of the objection from the Department. However, the | ||
Board need not issue a decision within 30 days if: | ||
(1) the Board requests information from the applicant , | ||
including but not limited to electronic fingerprints to be | ||
submitted to the Department, in accordance with subsection | ||
(e) of this Section, in which case the Board shall make a | ||
decision within 30 days of receipt of the required | ||
information from the applicant; | ||
(2) the applicant agrees, in writing, to allow the | ||
Board additional time to consider an objection; or | ||
(3) the Board notifies the applicant and the Department | ||
that the Board needs an additional 30 days to issue a | ||
decision. | ||
(g) If the Board determines by a preponderance of the | ||
evidence that the applicant poses a danger to himself or | ||
herself or others, or is a threat to public safety, then the |
Board shall affirm the objection of the law enforcement agency | ||
or the Department and shall notify the Department that the | ||
applicant is ineligible for a license. If the Board does not | ||
determine by a preponderance of the evidence that the applicant | ||
poses a danger to himself or herself or others, or is a threat | ||
to public safety, then the Board shall notify the Department | ||
that the applicant is eligible for a license. | ||
(h) Meetings of the Board shall not be subject to the Open | ||
Meetings Act and records of the Board shall not be subject to | ||
the Freedom of Information Act. | ||
(i) The Board shall report monthly to the Governor and the | ||
General Assembly on the number of objections received and | ||
provide details of the circumstances in which the Board has | ||
determined to deny licensure based on law enforcement or | ||
Department objections under Section 15 of this Act. The report | ||
shall not contain any identifying information about the | ||
applicants.
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(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/40)
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Sec. 40. Non-resident license applications. | ||
(a) For the purposes of this Section, "non-resident" means | ||
a person who has not resided within this State for more than 30 | ||
days and resides in another state or territory. | ||
(b) The Department shall by rule allow for non-resident | ||
license applications from any state or territory of the United |
States with laws related to firearm ownership, possession, and | ||
carrying, that are substantially similar to the requirements to | ||
obtain a license under this Act. | ||
(c) A resident of a state or territory approved by the | ||
Department under subsection (b) of this Section may apply for a | ||
non-resident license. The applicant shall apply to the | ||
Department and must meet all of the qualifications established | ||
in Section 25 of this Act, except for the Illinois residency | ||
requirement in item (xiv) of paragraph (2) of subsection (a) of | ||
Section 4 of the Firearm Owners Identification Card Act. The | ||
applicant shall submit: | ||
(1) the application and documentation required under | ||
Section 30 of this Act and the applicable fee; | ||
(2) a notarized document stating that the applicant: | ||
(A) is eligible under federal law and the laws of | ||
his or her state or territory of residence to own or | ||
possess a firearm; | ||
(B) if applicable, has a license or permit to carry | ||
a firearm or concealed firearm issued by his or her | ||
state or territory of residence and attach a copy of | ||
the license or permit to the application; | ||
(C) understands Illinois laws pertaining to the | ||
possession and transport of firearms, and | ||
(D) acknowledges that the applicant is subject to | ||
the jurisdiction of the Department and Illinois courts | ||
for any violation of this Act; and |
(3) a photocopy of any certificates or other evidence | ||
of compliance with the training requirements under Section | ||
75 of this Act; and | ||
(4) a head and shoulder color photograph in a size | ||
specified by the Department taken within the 30 days | ||
preceding the date of the application. | ||
(d) In lieu of an Illinois driver's license or Illinois | ||
identification card, a non-resident applicant shall provide | ||
similar documentation from his or her state or territory of | ||
residence. In lieu of a valid Firearm Owner's Identification | ||
Card, the applicant shall submit documentation and information | ||
required by the Department to obtain a Firearm Owner's | ||
Identification Card, including an affidavit that the | ||
non-resident meets the mental health standards to obtain a | ||
firearm under Illinois law, and the Department shall ensure | ||
that the applicant would meet the eligibility criteria to | ||
obtain a Firearm Owner's Identification card if he or she was a | ||
resident of this State. | ||
(e) Nothing in this Act shall prohibit a non-resident from | ||
transporting a concealed firearm within his or her vehicle in | ||
Illinois, if the concealed firearm remains within his or her | ||
vehicle and the non-resident: | ||
(1) is not prohibited from owning or possessing a | ||
firearm under federal law; | ||
(2) is eligible to carry a firearm in public under the | ||
laws of his or her state or territory of residence , as
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evidenced by the possession of a concealed carry license or | ||
permit issued by his or her state of residence, if
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applicable ; and | ||
(3) is not in possession of a license under this Act. | ||
If the non-resident leaves his or her vehicle unattended, | ||
he or she shall store the firearm within a locked vehicle or | ||
locked container within the vehicle in accordance with | ||
subsection (b) of Section 65 of this Act.
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(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/75)
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Sec. 75. Applicant firearm training. | ||
(a) Within 60 days of the effective date of this Act, the | ||
Department shall begin approval of firearm training courses and | ||
shall make a list of approved courses available on the | ||
Department's website. | ||
(b) An applicant for a new license shall provide proof of | ||
completion of a firearms training course or combination of | ||
courses approved by the Department of at least 16 hours, which | ||
includes range qualification time under subsection (c) of this | ||
Section, that covers the following: | ||
(1) firearm safety; | ||
(2) the basic principles of marksmanship; | ||
(3) care, cleaning, loading, and unloading of a | ||
concealable firearm; | ||
(4) all applicable State and federal laws relating to |
the ownership, storage, carry, and transportation of a | ||
firearm; and | ||
(5) instruction on the appropriate and lawful | ||
interaction with law enforcement while transporting or | ||
carrying a concealed firearm. | ||
(c) An applicant for a new license shall provide proof of | ||
certification by a certified instructor that the applicant | ||
passed a live fire exercise with a concealable firearm | ||
consisting of: | ||
(1) a minimum of 30 rounds; and | ||
(2) 10 rounds from a distance of 5 yards; 10 rounds | ||
from a distance of 7 yards; and 10 rounds from a distance | ||
of 10 yards at a B-27 silhouette target approved by the | ||
Department. | ||
(d) An applicant for renewal of a license shall provide | ||
proof of completion of a firearms training course or | ||
combination of courses approved by the Department of at least 3 | ||
hours. | ||
(e) A certificate of completion for an applicant's firearm | ||
training course shall not be issued to a student who: | ||
(1) does not follow the orders of the certified | ||
firearms instructor;
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(2) in the judgment of the certified instructor, | ||
handles a firearm in a manner that poses a danger to the | ||
student or to others; or
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(3) during the range firing portion of testing fails to |
hit the target with 70% of the rounds fired. | ||
(f) An instructor shall maintain a record of each student's | ||
performance for at least 5 years, and shall make all records | ||
available upon demand of authorized personnel of the | ||
Department. | ||
(g) The Department and certified firearms instructors | ||
instructor shall recognize up to 8 hours of training already | ||
completed toward the 16 hour training requirement under this | ||
Section if the training course is submitted to and approved by | ||
the Department and recognized under the laws of another state . | ||
Any remaining hours that the applicant completes must at least | ||
cover the classroom subject matter of paragraph (4) of | ||
subsection (b) of this Section, and the range qualification in | ||
subsection (c) of this Section. | ||
(h) A person who has qualified to carry a firearm as an | ||
active law enforcement or corrections officer, who has | ||
successfully completed firearms training as required by his or | ||
her law enforcement agency and is authorized by his or her | ||
agency to carry a firearm; a person currently certified as a | ||
firearms instructor by this Act or by the Illinois Law | ||
Enforcement Training Standards Board ; , or a person who has | ||
completed the required training and has been issued a firearm | ||
control card by the Department of Financial and Professional | ||
Regulation shall be exempt from the requirements of this | ||
Section. | ||
(i) The Department and certified firearms instructors |
shall recognize accept 8 hours of training as completed toward | ||
the 16 hour training requirement under this Section, if the | ||
applicant is an active, retired, or honorably discharged member | ||
of the United States Armed Forces. Any remaining hours that the | ||
applicant completes must at least cover the classroom subject | ||
matter of paragraph (4) of subsection (b) of this Section, and | ||
the range qualification in subsection (c) of this Section.
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(j) The Department and certified firearms instructors | ||
shall recognize up to 8 hours of training already
completed | ||
toward the 16 hour training requirement under this Section if | ||
the training course is approved
by the Department and was | ||
completed in connection with the applicant's previous | ||
employment as a law
enforcement or corrections officer. Any | ||
remaining hours that the applicant completes must at least | ||
cover the classroom
subject matter of paragraph (4) of | ||
subsection (b) of this Section, and the range qualification in
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subsection (c) of this Section. A former law enforcement or | ||
corrections officer seeking credit under this subsection (j) | ||
shall provide evidence that he or she separated from employment | ||
in good standing from each law enforcement agency where he or | ||
she was employed. An applicant who was discharged from a law | ||
enforcement agency for misconduct or disciplinary reasons is | ||
not eligible for credit under this subsection (j). | ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/80)
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Sec. 80. Certified firearms instructors Firearms | ||
instructor training . | ||
(a) Within 60 days of the effective date of this Act, the | ||
Department shall begin approval of certified firearms | ||
instructors and enter certified firearms instructors into an | ||
online registry on the Department's website. | ||
(b) A person who is not a certified firearms instructor | ||
shall not teach applicant training courses or advertise or | ||
otherwise represent courses they teach as qualifying their | ||
students to meet the requirements to receive a license under | ||
this Act. Each violation of this subsection is a business | ||
offense with a fine of at least $1,000 per violation. | ||
(c) A person seeking to become a certified firearms | ||
instructor shall: | ||
(1) be at least 21 years of age; | ||
(2) be a legal resident of the United States; and | ||
(3) meet the requirements of Section 25 of this Act, | ||
except for the Illinois residency
requirement in item (xiv) | ||
of paragraph (2) of subsection (a) of Section 4 of the | ||
Firearm
Owners Identification Card Act; and any additional | ||
uniformly applied requirements established by the | ||
Department. | ||
(d) A person seeking to become a certified firearms | ||
instructor trainer , in addition to the requirements of | ||
subsection (c) of this Section, shall: | ||
(1) possess a high school diploma or GED certificate; |
and | ||
(2) have at least one of the following valid firearms | ||
instructor certifications: | ||
(A) certification from a law enforcement agency; | ||
(B) certification from a firearm instructor course | ||
offered by a State or federal governmental agency; | ||
(C) certification from a firearm instructor | ||
qualification course offered by the Illinois Law | ||
Enforcement Training Standards Board; or | ||
(D) certification from an entity approved by the | ||
Department that offers firearm instructor education | ||
and training in the use and safety of firearms. | ||
(e) A person may have his or her firearms instructor | ||
certification denied or revoked if he or she does not meet the | ||
requirements to obtain a license under this Act, provides false | ||
or misleading information to the Department, or has had a prior | ||
instructor certification revoked or denied by the Department.
| ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |