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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||
5 | Family and Personal
Protection Act.
| |||||||||||||||||||||||||||
6 | Section 5. Legislative declaration. The General Assembly | |||||||||||||||||||||||||||
7 | finds that as a
matter of public policy it is
necessary to | |||||||||||||||||||||||||||
8 | provide statewide uniform standards for issuing permits to | |||||||||||||||||||||||||||
9 | carry
concealed firearms
and that no person who does not | |||||||||||||||||||||||||||
10 | qualify under the provisions
of this Act receives a permit to | |||||||||||||||||||||||||||
11 | carry concealed firearms.
The General Assembly recognizes that | |||||||||||||||||||||||||||
12 | it already regulates the use and
possession
of concealed | |||||||||||||||||||||||||||
13 | firearms under Sections 24-1 and 24-1.6 of the Criminal Code of
| |||||||||||||||||||||||||||
14 | 1961 and that
the regulation of concealed firearms is an | |||||||||||||||||||||||||||
15 | exclusive Statewide function.
The General Assembly
does not | |||||||||||||||||||||||||||
16 | delegate to the county sheriff the authority to regulate
or | |||||||||||||||||||||||||||
17 | restrict the issuing of concealed firearms permits provided for | |||||||||||||||||||||||||||
18 | in this
Act beyond those provisions contained in this Act.
| |||||||||||||||||||||||||||
19 | Section 10. Definitions. As used in this Act:
| |||||||||||||||||||||||||||
20 | "Concealed firearm" means a handgun carried on or about a | |||||||||||||||||||||||||||
21 | person completely
or mostly concealed from
view of the public, | |||||||||||||||||||||||||||
22 | or carried in a vehicle in such a way as it is concealed
from |
| |||||||
| |||||||
1 | view of the public.
| ||||||
2 | "Fund" means the Citizen Safety and Self-Defense Trust Fund | ||||||
3 | in each county.
| ||||||
4 | "Handgun" has the meaning ascribed to it in subsection (h) | ||||||
5 | of Section 24-3 of
the Criminal Code of 1961.
| ||||||
6 | "Permit" means a permit to carry a concealed firearm issued | ||||||
7 | by the county sheriff.
| ||||||
8 | "Permittee" means a person who is issued a permit to carry | ||||||
9 | a concealed
firearm by the county sheriff.
| ||||||
10 | Section 15. Permit for concealed firearms.
The county | ||||||
11 | sheriff is authorized to issue permits to carry
concealed | ||||||
12 | firearms to persons
qualified as provided in this Act. Permits | ||||||
13 | to carry concealed firearms
shall be valid throughout the State | ||||||
14 | for a period of 3 years from the
date of issuance. Any person | ||||||
15 | in compliance with the terms of the permit may
carry concealed | ||||||
16 | firearms on or about his or her person.
The permittee shall | ||||||
17 | carry the permit at all times the permittee is carrying a
| ||||||
18 | concealed firearm and shall display the permit upon the request | ||||||
19 | of a law
enforcement officer.
| ||||||
20 | Section 20. Application for permit and qualifications of | ||||||
21 | applicants.
| ||||||
22 | (a) An applicant for a permit shall obtain the application | ||||||
23 | from the
county sheriff. If the applicant resides
in a county | ||||||
24 | of less than 3,000,000 inhabitants
(or if the applicant resides |
| |||||||
| |||||||
1 | in a county of 3,000,000 or more inhabitants but
not within any | ||||||
2 | municipality), the application for a
permit or renewal of a | ||||||
3 | permit to carry a
concealed firearm shall be submitted to the | ||||||
4 | office of the sheriff of the
county in which the applicant | ||||||
5 | resides. The completed application and all
accompanying | ||||||
6 | material plus an application fee
of $100 for a new permit or | ||||||
7 | $75 for a renewal
shall be presented to the office of the | ||||||
8 | sheriff of the county in which the
applicant resides.
| ||||||
9 | The sheriff shall evaluate the application, accompanying | ||||||
10 | material and any
objections to the application within 10
| ||||||
11 | working days. The
application fee shall be retained by the | ||||||
12 | office of the sheriff for official
expenses of the office.
| ||||||
13 | The sheriff may state specific and articulable reasons to | ||||||
14 | deny an application for a concealed firearms permit. He or she | ||||||
15 | shall
articulate the reasons for denial in a written report and | ||||||
16 | maintain that
report in his or her office along with the | ||||||
17 | completed application
which shall be available
to the applicant | ||||||
18 | for a concealed firearms permit.
Within 10 working days, the | ||||||
19 | sheriff shall either issue or deny the permit.
| ||||||
20 | (b) The
county sheriff, upon a person's application for a
| ||||||
21 | concealed firearms permit, 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 permit | ||||||
24 | if the person:
| ||||||
25 | (i) Is at least 21 years of age;
| ||||||
26 | (ii) Resides within the State of Illinois and has been |
| |||||||
| |||||||
1 | a resident for the
last
6 months and is a permanent
| ||||||
2 | resident of the United States;
| ||||||
3 | (iii) Has not been convicted of a crime punishable by | ||||||
4 | imprisonment for a
term
exceeding one year, or of a
| ||||||
5 | misdemeanor evidencing violence, is not free on any form of | ||||||
6 | bond or pretrial
release, and has no
outstanding warrants | ||||||
7 | for those crimes;
| ||||||
8 | (iv) Has no record of mental disease or mental illness | ||||||
9 | on file that would
evidence incapacity, or lack of proper | ||||||
10 | mental capacity;
| ||||||
11 | (v) Has not been committed to a state or federal | ||||||
12 | facility for the abuse of
a
controlled substance or | ||||||
13 | cannabis and has not been
convicted of a misdemeanor | ||||||
14 | violation of the Illinois Controlled Substances Act
or | ||||||
15 | Cannabis Control Act or similar laws of any other
state | ||||||
16 | relating to controlled
substances or cannabis within a 10 | ||||||
17 | year period immediately preceding the date
on
which the | ||||||
18 | application is submitted; and
| ||||||
19 | (vi) Does not chronically and habitually use alcoholic | ||||||
20 | beverages as
evidenced
by the applicant having 2 or more | ||||||
21 | convictions for violating Section 11-501 of
the Illinois | ||||||
22 | Vehicle Code or a similar provision of a local ordinance | ||||||
23 | within 5
years preceding his or her application or the | ||||||
24 | applicant having elected
treatment under
the supervision | ||||||
25 | of a licensed program in accordance with the Alcoholism and
| ||||||
26 | Other Drug Abuse and Dependency Act
or similar laws of any |
| |||||||
| |||||||
1 | other
state within a 5
year period immediately preceding | ||||||
2 | the date on which the
application is submitted.
| ||||||
3 | Section 25. Contents of application.
The initial | ||||||
4 | application shall be in writing, under oath and under the | ||||||
5 | penalties
of perjury, on a standard form
promulgated by the | ||||||
6 | county sheriff and shall be accompanied by the
appropriate fees | ||||||
7 | and required documentation. The application shall contain only
| ||||||
8 | the following information:
| ||||||
9 | (i) the applicant's name, address, gender, and date and | ||||||
10 | place of birth;
| ||||||
11 | (ii) a head and shoulder color photograph taken within | ||||||
12 | 30 days preceding
the
date on which the
application is | ||||||
13 | submitted;
| ||||||
14 | (iii) questions to certify or demonstrate that the | ||||||
15 | applicant has completed the
firearms and deadly use of | ||||||
16 | force
training and education prerequisites specified under | ||||||
17 | this Act;
| ||||||
18 | (iv) a statement that the applicant is a resident of | ||||||
19 | the State of Illinois
and
has been a resident for the last
| ||||||
20 | 6 months and is a permanent resident of the United States;
| ||||||
21 | (v) a waiver of privacy and confidentiality rights and | ||||||
22 | privileges enjoyed
by
the applicant under all federal
and | ||||||
23 | state laws governing access to juvenile court, criminal | ||||||
24 | justice,
psychological, or psychiatric records, or
records | ||||||
25 | relating to the applicant's history of |
| |||||||
| |||||||
1 | institutionalization, and an
affirmative request that any | ||||||
2 | person
having custody of any such record provide it or | ||||||
3 | information concerning it to
the sheriff;
| ||||||
4 | (vi) a conspicuous warning that false statements made | ||||||
5 | by the applicant
will
result in prosecution for perjury
in | ||||||
6 | accordance with Section 32-2 of the Criminal Code of 1961;
| ||||||
7 | (vii) an affirmation that the applicant is at least 21 | ||||||
8 | years of age, that
the
applicant possesses a currently | ||||||
9 | valid
Illinois Firearm Owner's Identification Card, | ||||||
10 | together with the card number, or
is applying for the card | ||||||
11 | in
conjunction with the concealed firearms permit | ||||||
12 | application;
| ||||||
13 | (viii) an affirmation that the applicant has never been | ||||||
14 | convicted of any
felony
or of a misdemeanor involving
the | ||||||
15 | use or threat of physical force or violence to any person; | ||||||
16 | and has never
been adjudicated a delinquent
minor for an | ||||||
17 | offense which, had he or she been tried as an adult, would | ||||||
18 | have
been such
a felony or misdemeanor.
| ||||||
19 | The application shall also contain the following statement | ||||||
20 | along with
a
signature line for use by the applicant, which | ||||||
21 | statement the applicant shall
affirm under oath: "I, the | ||||||
22 | undersigned, state, under oath and subject to the
penalty of | ||||||
23 | perjury, that I am not a streetgang member as defined in | ||||||
24 | Section 10
of the Illinois Streetgang Terrorism Omnibus | ||||||
25 | Prevention Act, and I will not
join or become associated with a | ||||||
26 | criminal
streetgang.".
|
| |||||||
| |||||||
1 | Section 30. Submission of identifying information; fee.
In | ||||||
2 | addition to the completed application, the applicant must also | ||||||
3 | submit the
following to the sheriff of the county in which the | ||||||
4 | applicant resides:
| ||||||
5 | (i) A head and shoulder color photograph as required by | ||||||
6 | Section 25 in a
size
specified by the sheriff taken within | ||||||
7 | 30 days
preceding the date on which the application is | ||||||
8 | submitted.
| ||||||
9 | (ii) A non-refundable permit fee of $100 if he or she | ||||||
10 | has not previously
been
issued such a permit by the county | ||||||
11 | sheriff, or a non-refundable
permit fee of $75 for each | ||||||
12 | renewal of a permit.
| ||||||
13 | (iii) A photocopy of a certificate or other evidence of | ||||||
14 | completion of a
course
to show compliance with Section 80 | ||||||
15 | of this Act.
| ||||||
16 | Section 35. Approval of application.
| ||||||
17 | (a) If the sheriff finds that the applicant possesses a
| ||||||
18 | valid
Firearm Owner's Identification
Card, meets the training | ||||||
19 | requirements of this Act and has provided the
documentation and | ||||||
20 | paid the fees required for issuance of a concealed firearms
| ||||||
21 | permit, and that, as nearly as it is possible to determine, | ||||||
22 | nothing in the
applicant's background or present circumstances | ||||||
23 | disqualify him or her from
possessing a firearm in Illinois, he | ||||||
24 | or she shall approve the application and issue
the applicant a |
| |||||||
| |||||||
1 | wallet sized permit bearing the photograph of the applicant
| ||||||
2 | within 90 days.
| ||||||
3 | (b) The sheriff may consider any objection or | ||||||
4 | recommendation supported by specific and articulable
reasons, | ||||||
5 | in a written report, why
the applicant should be denied a | ||||||
6 | permit and may deny the permit based solely on
those | ||||||
7 | objections.
| ||||||
8 | (c) If the applicant is found to be ineligible, the sheriff
| ||||||
9 | shall deny the application and notify the applicant in writing, | ||||||
10 | stating the
grounds for denial and informing the applicant of | ||||||
11 | the right to submit, within
30 days, any additional | ||||||
12 | documentation relating to the grounds of the denial.
Upon | ||||||
13 | receiving any additional documentation, the sheriff shall | ||||||
14 | reconsider his or her decision and inform the applicant within | ||||||
15 | 30 days of the
result of the reconsideration. The applicant | ||||||
16 | shall further be informed of the
right to appeal the denial in | ||||||
17 | the circuit court of his or her place of
residence.
| ||||||
18 | (d) The sheriff shall maintain an automated listing of
| ||||||
19 | permit holders and pertinent information, and this information | ||||||
20 | shall be
available on-line, upon request, at all times to all | ||||||
21 | Illinois law enforcement
agencies. Except as provided in this | ||||||
22 | subsection, information on applications
for permits, names and | ||||||
23 | addresses, or other identifying information relating to
permit | ||||||
24 | holders shall be confidential and shall not be made available | ||||||
25 | except to
law enforcement agencies. Requests for information | ||||||
26 | about any permit holder
made by persons other than a bona fide |
| |||||||
| |||||||
1 | law enforcement agency shall be made to
the sheriff together | ||||||
2 | with any fee required for the providing
of information. The | ||||||
3 | sheriff shall, upon proper application
and the payment of the | ||||||
4 | required fee, provide to the requester in written form
only, a | ||||||
5 | list of names of any holders in the county permitted
to carry a | ||||||
6 | concealed firearm. No identifying information other than the | ||||||
7 | name
shall be provided, and information for geographic areas or | ||||||
8 | other subdivisions
of any type from the list shall not be | ||||||
9 | provided, except to a bona fide law
enforcement agency, and | ||||||
10 | shall be
confidential. No requests for lists of local or | ||||||
11 | statewide permit holders shall
be made to any State or local | ||||||
12 | law enforcement agency. No other agency of
government other | ||||||
13 | than the sheriff shall provide any
information to a requester
| ||||||
14 | not entitled to it by law. The names of all persons, other than
| ||||||
15 | law enforcement agencies and peace officers, requesting | ||||||
16 | information under this
Section shall be public records.
| ||||||
17 | Section 40. Revocation of a permit.
A permit issued under | ||||||
18 | Section 35 shall be suspended or revoked if the permit
holder | ||||||
19 | becomes ineligible to be issued a permit under the criteria set | ||||||
20 | forth in
paragraphs (i), (ii), (iii), (iv), (v), and (vi) of | ||||||
21 | subsection (b) of Section 20 or subsection
(b) of
Section 35 of | ||||||
22 | this Act. When an order of protection is issued under
Section | ||||||
23 | 112A-14 of the Code of Criminal Procedure of 1963 or under | ||||||
24 | Section 214
of the
Illinois Domestic Violence Act of 1986 | ||||||
25 | against a person holding a permit issued
under this Act, the
|
| |||||||
| |||||||
1 | holder of the permit shall surrender the permit to the court or | ||||||
2 | to the officer
serving
the order. The officer to whom the | ||||||
3 | permit is surrendered shall forthwith
transmit the permit to | ||||||
4 | the court issuing the order. The permit shall be
suspended | ||||||
5 | until the order is terminated.
| ||||||
6 | Section 45. Notification of renewal.
Not later than 120 | ||||||
7 | days before the expiration of any permit issued under this
Act, | ||||||
8 | the sheriff shall notify the permit holder in writing
of the | ||||||
9 | expiration and furnish an application for renewal of the | ||||||
10 | permit.
| ||||||
11 | Section 50. Renewal of permit.
| ||||||
12 | (a) The permit shall be renewed for a qualified applicant | ||||||
13 | upon receipt of
the
properly completed renewal
application and | ||||||
14 | required renewal fee. The renewal application shall contain the
| ||||||
15 | same required information as set forth in paragraphs (i) | ||||||
16 | through (ix) of
Section 25, except
that in lieu of the firearm | ||||||
17 | education and use of deadly force training, the
applicant need | ||||||
18 | only demonstrate previous issuance of and continued | ||||||
19 | eligibility
for a concealed firearms permit.
| ||||||
20 | (b) A permittee who fails to file a renewal application on | ||||||
21 | or before the permit's
expiration date must pay an additional | ||||||
22 | late fee of $25. A person who fails to
renew his or her permit | ||||||
23 | within 6 months after its expiration must reapply
for a new | ||||||
24 | permit and pay the fee for a new application.
|
| |||||||
| |||||||
1 | Section 55. Change of address, change of name, or lost or | ||||||
2 | destroyed permits.
| ||||||
3 | (a) Within 30 days after the changing of a permanent | ||||||
4 | residence, or within 30
days
after loss
or destruction of a | ||||||
5 | concealed
firearms permit, the permittee shall notify the | ||||||
6 | sheriff of
the loss, destruction, change of name, or change of | ||||||
7 | residence. Failure to
notify
the sheriff shall constitute a | ||||||
8 | noncriminal
violation with a penalty of $25 payable to the | ||||||
9 | sheriff.
| ||||||
10 | (b) If a person issued a permit to carry a concealed | ||||||
11 | firearm changes
residence within this State, or changes his or | ||||||
12 | her name, the person to whom the
permit was
issued may upon | ||||||
13 | payment of $25 to the sheriff obtain a
corrected concealed | ||||||
14 | firearms permit with a change of address or change of name
upon | ||||||
15 | furnishing a notarized statement to the sheriff that
the | ||||||
16 | permittee has changed residence or his or her name and upon | ||||||
17 | submission of
an
application as set forth in Section 20 and a | ||||||
18 | photograph as set forth in
paragraph (ii) of Section 25 of this | ||||||
19 | Act. A concealed firearms permit shall be
automatically invalid | ||||||
20 | after 30 days if the permittee has not notified the
sheriff of | ||||||
21 | a change of residence.
| ||||||
22 | (c) If a permit to carry a concealed firearm is lost or | ||||||
23 | destroyed, the
permit
shall be automatically invalid, and the | ||||||
24 | person to whom the permit was issued
may
upon payment of $25 to | ||||||
25 | the sheriff obtain a duplicate, and
upon furnishing a notarized |
| |||||||
| |||||||
1 | statement to the sheriff that
the permit was lost or destroyed, | ||||||
2 | and submission of an application as set forth
in Section 20 and | ||||||
3 | a photograph as set forth in paragraph (ii) of Section 25 of
| ||||||
4 | this Act.
| ||||||
5 | Section 60. Reciprocity. A person who holds a valid permit | ||||||
6 | or license
issued
by another state of
the United States whose | ||||||
7 | home state permits Illinois residents to obtain a
permit
or | ||||||
8 | license to carry a concealed firearm in that state may apply | ||||||
9 | directly to the
sheriff for a permit to carry a concealed | ||||||
10 | firearm in
Illinois. The sheriff shall take whatever steps are
| ||||||
11 | necessary to verify that the person applying has a valid permit | ||||||
12 | or license to
carry a concealed firearm issued by his or her | ||||||
13 | home state.
| ||||||
14 | Section 65. Concealed firearms permit.
| ||||||
15 | (a) A concealed firearm permit shall
authorize the person | ||||||
16 | in whose
name the permit is issued to
carry concealed firearms | ||||||
17 | on or about his or her person or vehicle throughout
the State. | ||||||
18 | No permit issued
under this Section shall authorize any person | ||||||
19 | to carry a concealed
firearm into or upon:
| ||||||
20 | (i) Any police, sheriff, or highway patrol
office or | ||||||
21 | station without the consent of the chief law enforcement | ||||||
22 | officer in
charge of
that office or station.
| ||||||
23 | (ii) The facility of any adult or juvenile detention or
| ||||||
24 | correctional institution, prison, or jail.
|
| |||||||
| |||||||
1 | (iii) Any courthouse, solely occupied by the Circuit, | ||||||
2 | Appellate, or
Supreme
Court or a courtroom of any of those | ||||||
3 | courts, or court proceeding, except that
nothing in this | ||||||
4 | Section shall preclude a judge, holding a concealed firearm
| ||||||
5 | permit, from carrying a
concealed firearm within a | ||||||
6 | courthouse.
| ||||||
7 | (iv) Any meeting of the governing body of a unit of | ||||||
8 | local government; or
any
meeting of the General Assembly or | ||||||
9 | a committee of the General
Assembly, except that nothing in | ||||||
10 | this Section shall preclude a member of the
body holding a | ||||||
11 | concealed firearms permit from carrying a concealed | ||||||
12 | firearm at
a
meeting of the body of which he or she is a | ||||||
13 | member.
| ||||||
14 | The General Assembly or a county or municipality may by
| ||||||
15 | statute or ordinance prohibit or limit the
carrying of | ||||||
16 | concealed firearms by permit holders in that portion of a | ||||||
17 | building
owned, leased or controlled by that unit of | ||||||
18 | government. That portion of a
building in which the | ||||||
19 | carrying of concealed firearms is prohibited or limited
| ||||||
20 | shall be clearly identified by signs posted at the
entrance | ||||||
21 | to the restricted area. The statute or ordinance shall | ||||||
22 | exempt any
building used for public housing
by private | ||||||
23 | persons, highways or rest areas, firing ranges, and private
| ||||||
24 | dwellings
owned, leased, or controlled by that unit of | ||||||
25 | government from any restriction on
the carrying or | ||||||
26 | possession of a firearm. The statute or ordinance shall not
|
| |||||||
| |||||||
1 | specify any
criminal penalty for its violation but may | ||||||
2 | specify that persons violating the
statute or ordinance may | ||||||
3 | be denied entrance to the building, be ordered to leave
the | ||||||
4 | building, and, if employees of the unit of government, be | ||||||
5 | subjected to
disciplinary measures for violation of the | ||||||
6 | provisions of the statute or
ordinance. The provisions of | ||||||
7 | this Section shall not apply to any other unit of
| ||||||
8 | government.
| ||||||
9 | (v) Any portion of an establishment licensed to | ||||||
10 | dispense beer or
alcoholic
beverages for consumption on the | ||||||
11 | premises, which portion of the establishment
is primarily | ||||||
12 | devoted to that purpose.
| ||||||
13 | This paragraph (v) does not apply to any bona fide | ||||||
14 | restaurant open to the
general public having dining | ||||||
15 | facilities
for not less than 50 persons and that receives | ||||||
16 | at least 50% of its
gross annual income from the
dining | ||||||
17 | facilities by the sale of food.
| ||||||
18 | (vi) Any area of an airport to which access is | ||||||
19 | controlled by the
inspection
of
persons and property.
| ||||||
20 | (vii) Any place where the carrying of a firearm is | ||||||
21 | prohibited by federal
law.
| ||||||
22 | (viii) Any elementary or secondary school facility | ||||||
23 | without the consent of
school
authorities.
| ||||||
24 | (ix) Any portion of a building used as a child care | ||||||
25 | facility without the
consent
of the manager. Nothing in | ||||||
26 | this Section shall prevent the operator of a
child care |
| |||||||
| |||||||
1 | facility in a family home from owning or possessing a | ||||||
2 | firearm or
permit.
| ||||||
3 | (x) A riverboat gambling operation or horse racing | ||||||
4 | facility accessible by
the public.
| ||||||
5 | (xi) Any gated area of an amusement park.
| ||||||
6 | (xii) Any stadium, arena, or collegiate or | ||||||
7 | professional sporting event.
| ||||||
8 | (xiii) A church or other place of religious worship.
| ||||||
9 | A violation of this subsection (a) is a Class A | ||||||
10 | misdemeanor.
| ||||||
11 | A concealed firearm permit does not authorize the concealed | ||||||
12 | carrying or
transportation of a stun gun or taser.
| ||||||
13 | (b) The owner, business or commercial lessee, manager of a | ||||||
14 | private
business enterprise, or any other organization, | ||||||
15 | entity,
or person
may prohibit persons holding a permit for | ||||||
16 | concealed firearms
from carrying concealed firearms on the | ||||||
17 | premises and may prohibit employees,
not authorized by the | ||||||
18 | employer, holding a permit for concealed firearms from
carrying | ||||||
19 | concealed firearms on the property of the employer. If the | ||||||
20 | building
or the premises are open to the public, the employer | ||||||
21 | of the business enterprise
shall post signs on or about the | ||||||
22 | premises if carrying a concealed firearm is
prohibited. | ||||||
23 | Possession of a firearm in a vehicle on the premises shall not | ||||||
24 | be
a criminal offense so long as the firearm is not removed | ||||||
25 | from the vehicle or
brandished while the vehicle is on the | ||||||
26 | premises. An employer may prohibit
employees or other persons |
| |||||||
| |||||||
1 | holding a permit for a concealed firearm from
carrying a | ||||||
2 | concealed firearm in vehicles owned by the employer. Carrying | ||||||
3 | of a
concealed firearm in a location specified in this | ||||||
4 | subsection by a permit holder
shall not be a criminal act but | ||||||
5 | may subject the person to denial to the
premises or removal | ||||||
6 | from the premises.
| ||||||
7 | Section 70. Immunity of sheriff
and his or her employees | ||||||
8 | and
agents.
The sheriff or office of the county sheriff or any
| ||||||
9 | employee or agent of the sheriff shall
not be liable for
| ||||||
10 | damages in any civil action arising from alleged wrongful or | ||||||
11 | improper granting,
renewing, or failure to revoke permits | ||||||
12 | issued under this Act.
The office of the county sheriff or any | ||||||
13 | employee
or agent of the office of the
county sheriff shall not | ||||||
14 | be liable for
stating specific and articulable
reasons why an | ||||||
15 | applicant should be denied a permit.
| ||||||
16 | Section 75. Fees.
Fees collected under this Act and | ||||||
17 | deposited into the Citizen Safety and
Self-Defense Trust Fund | ||||||
18 | of each county shall be used exclusively for administering the
| ||||||
19 | provisions
of this Act; except that, commencing January 1, | ||||||
20 | 2010, any excess monies in
the Fund may be used to ensure the | ||||||
21 | prompt and efficient processing of
applications received under | ||||||
22 | Section 20 of this Act.
| ||||||
23 | (i) Fees for a concealed firearms permit shall be:
| ||||||
24 | New permit..$100
|
| |||||||
| |||||||
1 | Renewal..$75
| ||||||
2 | Duplicate if permit is lost or destroyed..$25
| ||||||
3 | Corrected permit due to change of address or name..$25
| ||||||
4 | Late renewal fee..$25
| ||||||
5 | (ii) The Secretary of State shall conduct a study to | ||||||
6 | determine the cost and
feasibility of creating a method of | ||||||
7 | adding an identifiable code, background,
or other means to show | ||||||
8 | that an individual has been issued a permit to carry a
| ||||||
9 | concealed firearm by the sheriff on the person's driver's
| ||||||
10 | license.
By March 1 of each year, the sheriff
shall
submit a | ||||||
11 | statistical report to the Governor, the President of the | ||||||
12 | Senate, and
the Speaker of the House of Representatives, | ||||||
13 | indicating the number of permits
issued, revoked, suspended, | ||||||
14 | denied, and issued after appeal since the last
report and in | ||||||
15 | total and also the number of permits currently valid. The | ||||||
16 | report
shall also include the number of arrests, convictions, | ||||||
17 | and types of crimes
since the last report by individuals issued | ||||||
18 | permits to carry a concealed
firearm.
| ||||||
19 | Section 80. Applicant training.
| ||||||
20 | (a) The applicant training course shall be the standardized | ||||||
21 | training course
furnished by the sheriff and taught by a | ||||||
22 | qualified firearms instructor,
consisting of:
| ||||||
23 | (1) Twelve hours of classroom instruction, covering at | ||||||
24 | least the following
topics:
| ||||||
25 | (i) handgun safety in the classroom, at home, on |
| |||||||
| |||||||
1 | the firing range or
while carrying the firearm;
| ||||||
2 | (ii) the basic principles of marksmanship;
| ||||||
3 | (iii) care and cleaning of handguns; and
| ||||||
4 | (iv) by means of a videotape produced or approved | ||||||
5 | by the sheriff:
| ||||||
6 | (A) the requirements for obtaining a concealed | ||||||
7 | firearms permit
in this State;
| ||||||
8 | (B) laws relating to firearms as prescribed in | ||||||
9 | the Firearm Owners
Identification Card Act, | ||||||
10 | Article 24 of the Criminal Code of 1961, and 18 | ||||||
11 | U.S.C.
921 through 930;
| ||||||
12 | (C) laws relating to the justifiable use of | ||||||
13 | force as prescribed in
Article 7 of the Criminal | ||||||
14 | Code of 1961.
| ||||||
15 | (2) Live firing exercises of sufficient duration for | ||||||
16 | each applicant to
fire a handgun:
| ||||||
17 | (i) from a standing position;
| ||||||
18 | (ii) a minimum of 20 rounds;
| ||||||
19 | (iii) at a distance from a B-21 silhouette target, | ||||||
20 | or an equivalent as
approved by the sheriff, of 7 | ||||||
21 | yards.
| ||||||
22 | (b) The classroom portion of the course may be, at the | ||||||
23 | qualified firearms
instructor's discretion, divided into
| ||||||
24 | segments of not less than 2 hours each.
| ||||||
25 | (c) (1) An applicant training course shall not be open to | ||||||
26 | persons who are
less
than 21 years of age.
|
| |||||||
| |||||||
1 | (2) An applicant training course student shall | ||||||
2 | complete a course
application
form, which shall include a | ||||||
3 | statement acknowledging receipt of copies of
pertinent | ||||||
4 | statutory provisions listed in clauses (A), (B), and (C) of
| ||||||
5 | subparagraph (iv) of paragraph (1) of subsection (a) and a
| ||||||
6 | liability waiver.
| ||||||
7 | (3) The course application form may be obtained from | ||||||
8 | the
qualified firearms instructor at the time of the | ||||||
9 | course.
| ||||||
10 | (d) Qualified firearms instructors shall not discuss the | ||||||
11 | content of the
video tape or the content of the statutory | ||||||
12 | provisions listed in clauses (A),
(B), and (C) of subparagraph | ||||||
13 | (iv) of paragraph (1) of subsection (a) with
students, either
| ||||||
14 | individually or as a class.
| ||||||
15 | (e) At the conclusion of the classroom portion of the | ||||||
16 | applicant training
course, the qualified firearms instructor | ||||||
17 | shall:
| ||||||
18 | (1) distribute a standard course examination to the | ||||||
19 | students;
| ||||||
20 | (2) not leave the room in which the examination is | ||||||
21 | being held while the
examination is in progress;
| ||||||
22 | (3) collect examination booklets and answer sheets | ||||||
23 | from each student at
the end of the examination period;
| ||||||
24 | (4) not grade the examinations in the presence of | ||||||
25 | students; and
| ||||||
26 | (5) not divulge an applicant's numeric score on the day |
| |||||||
| |||||||
1 | of the
examination, but may indicate whether an applicant | ||||||
2 | passed or failed the
examination.
| ||||||
3 | (f) A person shall not:
| ||||||
4 | (1) Make an unauthorized copy of the applicant training | ||||||
5 | course
examination, in whole or in part;
| ||||||
6 | (2) Possess the applicant training course examination, | ||||||
7 | or questions from
the examination, unless authorized by the | ||||||
8 | sheriff; or
| ||||||
9 | (3) Divulge the contents of an applicant training | ||||||
10 | course examination
question to another person.
| ||||||
11 | (g) (1) Students shall provide their own safe, functional | ||||||
12 | handguns and
factory-loaded ammunition.
| ||||||
13 | (2) Prior to conducting range firing, the certified | ||||||
14 | firearms instructor
shall:
| ||||||
15 | (i) inspect each applicant's firearm; and
| ||||||
16 | (ii) not allow the firing of a handgun that is not | ||||||
17 | in sound mechanical
condition or otherwise may pose a | ||||||
18 | safety hazard.
| ||||||
19 | (h) Grades of "passing" shall not be given on range work to | ||||||
20 | an applicant
who:
| ||||||
21 | (1) does not follow the orders of the certified | ||||||
22 | firearms instructor;
| ||||||
23 | (2) in the judgment of the certified firearms | ||||||
24 | instructor, handles a
firearm
in a manner that poses a | ||||||
25 | danger to the applicant or to others; or
| ||||||
26 | (3) during the testing portion of the range work fails |
| |||||||
| |||||||
1 | to hit the
silhouette portion of the target with a majority | ||||||
2 | of
20 rounds.
| ||||||
3 | (i) Certified firearms instructors shall:
| ||||||
4 | (1) allow monitoring of their classes by officials of | ||||||
5 | any certifying
agency;
| ||||||
6 | (2) make all course records available upon demand to | ||||||
7 | authorized
personnel of the sheriff; and
| ||||||
8 | (3) not divulge course records except as authorized by | ||||||
9 | the certifying
agency.
| ||||||
10 | (j) (1) Fees for applicant training courses shall not | ||||||
11 | exceed $75 per
student.
| ||||||
12 | (2) Qualified firearms instructors shall collect the | ||||||
13 | fee and remit $25 of
the fee to the sheriff.
| ||||||
14 | (3) Fees shall not be refunded to students who fail or | ||||||
15 | otherwise do not
complete the course.
| ||||||
16 | (k) An applicant training course shall not have more than | ||||||
17 | 40 students in
the
classroom portion or more than 5 students | ||||||
18 | per range officer engaged in range
firing.
| ||||||
19 | (l) Within 3 working days after the completion of the | ||||||
20 | course, the
certified
firearms instructor shall:
| ||||||
21 | (1) grade the examinations; and
| ||||||
22 | (2) mail to the sheriff:
| ||||||
23 | (i) the completed course application form, | ||||||
24 | showing each student's
score on
the written | ||||||
25 | examination and indicating whether the student | ||||||
26 | passed or failed the
range work; and
|
| |||||||
| |||||||
1 | (ii) the graded examinations.
| ||||||
2 | (m) Within 15 days after receipt of the material described | ||||||
3 | in subsection (1),
the sheriff shall mail to the applicant:
| ||||||
4 | (i) A certificate of successful course completion; or
| ||||||
5 | (ii) Notification that the applicant has failed the | ||||||
6 | course and will not be
certified.
| ||||||
7 | (n) A student shall be issued a certificate of completion | ||||||
8 | if he or she:
| ||||||
9 | (i) answers at least 70% of the written examination | ||||||
10 | questions correctly;
and
| ||||||
11 | (ii) achieves a grade of "passing" on the range work.
| ||||||
12 | (o) (i) Students who score below 70% on the written | ||||||
13 | examination may
retake
the examination one time without having | ||||||
14 | to retake the course.
| ||||||
15 | (ii) Students who do not achieve a grade of "passing" | ||||||
16 | on the range work
may
repeat the range work one time | ||||||
17 | without having to retake the course.
| ||||||
18 | (iii) Notices of failure must include information on | ||||||
19 | whether the student
failed the written exam, the range | ||||||
20 | firing, or both.
| ||||||
21 | Section 85. Firearms instructors training.
| ||||||
22 | (a) Persons who are not qualified firearms instructors | ||||||
23 | shall not teach
applicant training courses.
| ||||||
24 | (b) Persons who are not qualified firearms instructors | ||||||
25 | shall not advertise
or otherwise represent courses they teach |
| |||||||
| |||||||
1 | as qualifying their students to meet
the requirements to | ||||||
2 | receive a permit to carry concealed firearms in this State.
| ||||||
3 | (c) Persons who are not certified instructor trainers shall | ||||||
4 | not teach
instructor qualification courses.
| ||||||
5 | (d) Persons wishing to become qualified firearms | ||||||
6 | instructors shall:
| ||||||
7 | (1) be at least 21 years of age;
| ||||||
8 | (2) be a citizen of the United States; and
| ||||||
9 | (3) meet the requirements of subsection (b) of Section | ||||||
10 | 25.
| ||||||
11 | (e) Persons wishing to become instructor trainers, in | ||||||
12 | addition to the
requirements of subsection (d) of this Section, | ||||||
13 | shall:
| ||||||
14 | (1) possess a high school diploma or GED certificate; | ||||||
15 | and
| ||||||
16 | (2) have at least one of the following valid firearms | ||||||
17 | instructor
certifications:
| ||||||
18 | (I) National Rifle Association Personal Protection | ||||||
19 | Instructor;
| ||||||
20 | (II) National Rifle Association Pistol | ||||||
21 | Marksmanship Instructor;
| ||||||
22 | (III) Certification from a firearms instructor's | ||||||
23 | course offered by a
State
or federal governmental | ||||||
24 | agency; or
| ||||||
25 | (IV) A similar firearms instructor qualifying | ||||||
26 | course, approved by the
Director
of State Police or his |
| |||||||
| |||||||
1 | or her designee.
| ||||||
2 | (f) (1) Applicants shall agree to background checks.
| ||||||
3 | (2) An applicant may be disqualified from taking | ||||||
4 | firearms instructor
training, or have his or her instructor | ||||||
5 | qualification revoked, if the applicant:
| ||||||
6 | (A) does not meet the requirements of this Act to | ||||||
7 | possess a
concealed firearms permit;
| ||||||
8 | (B) provides false or misleading information on | ||||||
9 | the application; or
| ||||||
10 | (C) has had a prior instructor qualification | ||||||
11 | revoked by the sheriff.
| ||||||
12 | (g) The training course to certify firearms instructors and | ||||||
13 | instructor
trainers shall include:
| ||||||
14 | (1) Sixteen hours of classroom instruction covering at | ||||||
15 | least the following
topics:
| ||||||
16 | (i) By means of a videotape produced or approved by | ||||||
17 | the sheriff:
| ||||||
18 | (A) the requirements for obtaining a concealed | ||||||
19 | firearms permit in this
State;
| ||||||
20 | (B) laws relating to firearms as contained in the | ||||||
21 | Firearm Owners
Identification Card Act, Article 24 of | ||||||
22 | the Criminal Code of 1961, and 18 U.S.C.
921 through | ||||||
23 | 930;
| ||||||
24 | (C) laws relating to the justifiable use of force | ||||||
25 | as contained in
Article 7
of the Criminal Code of 1961;
| ||||||
26 | (D) the conduct of applicant training courses;
|
| |||||||
| |||||||
1 | (E) record-keeping requirements of this Act;
| ||||||
2 | (F) the basic nomenclature of handguns;
| ||||||
3 | (G) the basic principles of marksmanship; and
| ||||||
4 | (H) the safe handling of handguns.
| ||||||
5 | (2) A classroom demonstration, during which the | ||||||
6 | instructor candidate shall
receive instruction on and | ||||||
7 | demonstrate competency in the ability to prepare and
| ||||||
8 | deliver a classroom presentation using materials from the | ||||||
9 | applicant curriculum.
| ||||||
10 | (3) Range instruction and firing of live ammunition, | ||||||
11 | during which the
instructor candidate shall receive | ||||||
12 | instruction on and demonstrate competency in
the ability | ||||||
13 | to:
| ||||||
14 | (i) handle and fire a handgun safely and | ||||||
15 | accurately;
| ||||||
16 | (ii) conduct a function test and safety inspection | ||||||
17 | of common types of
handguns;
| ||||||
18 | (iii) clean common types of handguns; and
| ||||||
19 | (iv) supervise and conduct live firing exercises | ||||||
20 | in a safe and efficient
manner.
| ||||||
21 | (h) To qualify as a certified firearms instructor or | ||||||
22 | instructor trainer,
instructor candidates shall achieve:
| ||||||
23 | (1) A minimum score of 70% on a written examination | ||||||
24 | covering the
material taught during the classroom portion | ||||||
25 | of the course;
| ||||||
26 | (2) A minimum score of 80% on range firing of a handgun |
| |||||||
| |||||||
1 | from the
standing position while aiming at a B-21 PC | ||||||
2 | silhouette target or an equivalent
as approved by the | ||||||
3 | sheriff, with a minimum of:
| ||||||
4 | (i) ten rounds from 7 yards; and
| ||||||
5 | (ii) ten rounds from 15 yards; and
| ||||||
6 | (iii) a score of "passing" from the course | ||||||
7 | instructor for
demonstrating competency in each of | ||||||
8 | the following:
| ||||||
9 | (A) Supervising and conducting live fire;
| ||||||
10 | (B) Cleaning and inspecting handguns; and
| ||||||
11 | (C) Preparing and delivering the classroom | ||||||
12 | lecture.
| ||||||
13 | (i) Instructor candidates who fail to meet the minimum | ||||||
14 | requirements of
subsection (h) of this Section may retake the | ||||||
15 | examination, range work, or
classroom demonstration one time | ||||||
16 | without having to repeat the course.
| ||||||
17 | (j) Qualified firearms instructor and instructor trainer | ||||||
18 | certificates
shall be valid for 3 years from the date of | ||||||
19 | issuance.
Qualified firearms instructors or instructor | ||||||
20 | trainers may renew their
certification by successfully | ||||||
21 | completing a refresher course offered or
approved by the | ||||||
22 | sheriff.
| ||||||
23 | (k) The fees for instructor trainer or refresher courses | ||||||
24 | shall be $100 per
student.
The fees for qualified instructor | ||||||
25 | courses shall be no more than $100
per student.
| ||||||
26 | (1) The instructor trainer shall remit $50 per student |
| |||||||
| |||||||
1 | to the
sheriff.
| ||||||
2 | (2) Fees shall not be refunded to those who do not pass | ||||||
3 | or otherwise fail
to complete a course.
| ||||||
4 | (l) Course participants shall provide their own safe, | ||||||
5 | functional handguns and
factory-loaded ammunition.
| ||||||
6 | (m) Prior to conducting range firing, the course instructor | ||||||
7 | shall:
| ||||||
8 | (i) inspect each applicant's firearm; and
| ||||||
9 | (ii) not allow the firing of a handgun which is not in | ||||||
10 | sound
mechanical condition or otherwise may pose a safety | ||||||
11 | hazard.
| ||||||
12 | Section 90. Home rule preemption. An ordinance of a unit of | ||||||
13 | local government, including a home
rule unit, is invalid if it | ||||||
14 | is inconsistent with this Act. It is declared to be the policy | ||||||
15 | of this State that the
regulation of the
right to carry | ||||||
16 | concealed firearms is an exclusive power and function of the
| ||||||
17 | State. A home rule unit may not regulate the issuance of | ||||||
18 | permits to carry
concealed firearms. This Section is a denial | ||||||
19 | and limitation of home rule
powers and functions under | ||||||
20 | subsection (h) of Section 6 of Article VII of the
Illinois | ||||||
21 | Constitution. | ||||||
22 | Section 95. Severability.
The provisions of this Act are | ||||||
23 | severable under Section 1.31 of the Statute on
Statutes.
|
| |||||||
| |||||||
1 | Section 905. The Firearm Owners Identification Card Act is | ||||||
2 | amended by
changing Section 13.1 as follows:
| ||||||
3 | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| ||||||
4 | Sec. 13.1.
The provisions of any ordinance enacted by any | ||||||
5 | municipality which
requires registration or imposes greater | ||||||
6 | restrictions or limitations on the
acquisition, possession and | ||||||
7 | transfer of firearms than are imposed by this
Act, are not | ||||||
8 | invalidated or affected by this Act , except that
an ordinance | ||||||
9 | of a unit of local government, including a home
rule unit, is | ||||||
10 | invalid if it is inconsistent with the Family and Personal
| ||||||
11 | Protection Act. It is declared to be the policy of this State | ||||||
12 | that the
regulation of the
right to carry concealed firearms is | ||||||
13 | an exclusive power and function of the
State. A home rule unit | ||||||
14 | may not regulate the issuance of permits to carry
concealed | ||||||
15 | firearms. This Section is a denial and limitation of home rule
| ||||||
16 | powers and functions under subsection (h) of Section 6 of | ||||||
17 | Article VII of the
Illinois Constitution .
| ||||||
18 | (Source: P.A. 76-1939.)
| ||||||
19 | Section 910. The Criminal Code of 1961 is amended by | ||||||
20 | changing
Section 24-2 as follows:
| ||||||
21 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
22 | Sec. 24-2. Exemptions.
| ||||||
23 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| |||||||
| |||||||
1 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
2 | the following:
| ||||||
3 | (1) Peace officers, and any person summoned by a peace | ||||||
4 | officer to
assist in making arrests or preserving the | ||||||
5 | peace, while actually engaged in
assisting such officer.
| ||||||
6 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
7 | penitentiaries, jails and other institutions for the | ||||||
8 | detention of persons
accused or convicted of an offense, | ||||||
9 | while in the performance of their
official duty, or while | ||||||
10 | commuting between their homes and places of employment.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard or the | ||||||
13 | Reserve Officers Training Corps,
while in the performance | ||||||
14 | of their official duty.
| ||||||
15 | (4) Special agents employed by a railroad or a public | ||||||
16 | utility to
perform police functions, and guards of armored | ||||||
17 | car companies, while
actually engaged in the performance of | ||||||
18 | the duties of their employment or
commuting between their | ||||||
19 | homes and places of employment; and watchmen
while actually | ||||||
20 | engaged in the performance of the duties of their | ||||||
21 | employment.
| ||||||
22 | (5) Persons licensed as private security contractors, | ||||||
23 | private
detectives, or private alarm contractors, or | ||||||
24 | employed by an agency
certified by the Department of | ||||||
25 | Professional Regulation, if their duties
include the | ||||||
26 | carrying of a weapon under the provisions of the Private
|
| |||||||
| |||||||
1 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
3 | in the performance of the duties of their employment or | ||||||
4 | commuting
between their homes and places of employment, | ||||||
5 | provided that such commuting
is accomplished within one | ||||||
6 | hour from departure from home or place of
employment, as | ||||||
7 | the case may be. Persons exempted under this subdivision
| ||||||
8 | (a)(5) shall be required to have completed a course of
| ||||||
9 | study in firearms handling and training approved and | ||||||
10 | supervised by the
Department of Professional Regulation as | ||||||
11 | prescribed by Section 28 of the
Private Detective, Private | ||||||
12 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
13 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
14 | The Department of Professional
Regulation shall provide | ||||||
15 | suitable documentation demonstrating the
successful | ||||||
16 | completion of the prescribed firearms training. Such
| ||||||
17 | documentation shall be carried at all times when such | ||||||
18 | persons are in
possession of a concealable weapon.
| ||||||
19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the protection | ||||||
21 | of persons employed
and private property related to such | ||||||
22 | commercial or industrial
operation, while actually engaged | ||||||
23 | in the performance of his or her
duty or traveling between | ||||||
24 | sites or properties belonging to the
employer, and who, as | ||||||
25 | a security guard, is a member of a security force of
at | ||||||
26 | least 5 persons registered with the Department of |
| |||||||
| |||||||
1 | Professional
Regulation; provided that such security guard | ||||||
2 | has successfully completed a
course of study, approved by | ||||||
3 | and supervised by the Department of
Professional | ||||||
4 | Regulation, consisting of not less than 40 hours of | ||||||
5 | training
that includes the theory of law enforcement, | ||||||
6 | liability for acts, and the
handling of weapons. A person | ||||||
7 | shall be considered eligible for this
exemption if he or | ||||||
8 | she has completed the required 20
hours of training for a | ||||||
9 | security officer and 20 hours of required firearm
training, | ||||||
10 | and has been issued a firearm control card by
the | ||||||
11 | Department of Professional Regulation. Conditions for the | ||||||
12 | renewal of
firearm control cards issued under the | ||||||
13 | provisions of this Section
shall be the same as for those | ||||||
14 | cards issued under the provisions of the
Private Detective, | ||||||
15 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
16 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
17 | carried by the security guard at all
times when he or she | ||||||
18 | is in possession of a concealable weapon.
| ||||||
19 | (7) Agents and investigators of the Illinois | ||||||
20 | Legislative Investigating
Commission authorized by the | ||||||
21 | Commission to carry the weapons specified in
subsections | ||||||
22 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
23 | any investigation for the Commission.
| ||||||
24 | (8) Persons employed by a financial institution for the | ||||||
25 | protection of
other employees and property related to such | ||||||
26 | financial institution, while
actually engaged in the |
| |||||||
| |||||||
1 | performance of their duties, commuting between
their homes | ||||||
2 | and places of employment, or traveling between sites or
| ||||||
3 | properties owned or operated by such financial | ||||||
4 | institution, provided that
any person so employed has | ||||||
5 | successfully completed a course of study,
approved by and | ||||||
6 | supervised by the Department of Professional Regulation,
| ||||||
7 | consisting of not less than 40 hours of training which | ||||||
8 | includes theory of
law enforcement, liability for acts, and | ||||||
9 | the handling of weapons.
A person shall be considered to be | ||||||
10 | eligible for this exemption if he or
she has completed the | ||||||
11 | required 20 hours of training for a security officer
and 20 | ||||||
12 | hours of required firearm training, and has been issued a
| ||||||
13 | firearm control card by the Department of Professional | ||||||
14 | Regulation.
Conditions for renewal of firearm control | ||||||
15 | cards issued under the
provisions of this Section shall be | ||||||
16 | the same as for those issued under the
provisions of the | ||||||
17 | Private Detective, Private Alarm,
Private Security, | ||||||
18 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
19 | control card shall be carried by the person so
trained at | ||||||
20 | all times when such person is in possession of a | ||||||
21 | concealable
weapon. For purposes of this subsection, | ||||||
22 | "financial institution" means a
bank, savings and loan | ||||||
23 | association, credit union or company providing
armored car | ||||||
24 | services.
| ||||||
25 | (9) Any person employed by an armored car company to | ||||||
26 | drive an armored
car, while actually engaged in the |
| |||||||
| |||||||
1 | performance of his duties.
| ||||||
2 | (10) Persons who have been classified as peace officers | ||||||
3 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
4 | (11) Investigators of the Office of the State's | ||||||
5 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
6 | governors of the Office of the
State's Attorneys Appellate | ||||||
7 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
8 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
9 | (12) Special investigators appointed by a State's | ||||||
10 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
11 | (12.5) Probation officers while in the performance of | ||||||
12 | their duties, or
while commuting between their homes, | ||||||
13 | places of employment or specific locations
that are part of | ||||||
14 | their assigned duties, with the consent of the chief judge | ||||||
15 | of
the circuit for which they are employed.
| ||||||
16 | (13) Court Security Officers while in the performance | ||||||
17 | of their official
duties, or while commuting between their | ||||||
18 | homes and places of employment, with
the
consent of the | ||||||
19 | Sheriff.
| ||||||
20 | (13.5) A person employed as an armed security guard at | ||||||
21 | a nuclear energy,
storage, weapons or development site or | ||||||
22 | facility regulated by the Nuclear
Regulatory Commission | ||||||
23 | who has completed the background screening and training
| ||||||
24 | mandated by the rules and regulations of the Nuclear | ||||||
25 | Regulatory Commission.
| ||||||
26 | (14) Manufacture, transportation, or sale of weapons |
| |||||||
| |||||||
1 | to
persons
authorized under subdivisions (1) through | ||||||
2 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
3 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
4 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
5 | (1) Members of any club or organization organized for | ||||||
6 | the purpose of
practicing shooting at targets upon | ||||||
7 | established target ranges, whether
public or private, and | ||||||
8 | patrons of such ranges, while such members
or patrons are | ||||||
9 | using their firearms on those target ranges.
| ||||||
10 | (2) Duly authorized military or civil organizations | ||||||
11 | while parading,
with the special permission of the | ||||||
12 | Governor.
| ||||||
13 | (3) Hunters, trappers or fishermen with a license or
| ||||||
14 | permit while engaged in hunting,
trapping or fishing.
| ||||||
15 | (4) Transportation of weapons that are broken down in a
| ||||||
16 | non-functioning state or are not immediately accessible.
| ||||||
17 | (5) Carrying a concealed firearm by a permittee who has | ||||||
18 | been issued a
permit to carry a concealed firearm under the | ||||||
19 | Family and Personal Protection
Act.
| ||||||
20 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
21 | of the
following:
| ||||||
22 | (1) Peace officers while in performance of their | ||||||
23 | official duties.
| ||||||
24 | (2) Wardens, superintendents and keepers of prisons, | ||||||
25 | penitentiaries,
jails and other institutions for the | ||||||
26 | detention of persons accused or
convicted of an offense.
|
| |||||||
| |||||||
1 | (3) Members of the Armed Services or Reserve Forces of | ||||||
2 | the United States
or the Illinois National Guard, while in | ||||||
3 | the performance of their official
duty.
| ||||||
4 | (4) Manufacture, transportation, or sale of machine | ||||||
5 | guns to persons
authorized under subdivisions (1) through | ||||||
6 | (3) of this subsection to
possess machine guns, if the | ||||||
7 | machine guns are broken down in a
non-functioning state or | ||||||
8 | are not immediately accessible.
| ||||||
9 | (5) Persons licensed under federal law to manufacture | ||||||
10 | any weapon from
which 8 or more shots or bullets can be | ||||||
11 | discharged by a
single function of the firing device, or | ||||||
12 | ammunition for such weapons, and
actually engaged in the | ||||||
13 | business of manufacturing such weapons or
ammunition, but | ||||||
14 | only with respect to activities which are within the lawful
| ||||||
15 | scope of such business, such as the manufacture, | ||||||
16 | transportation, or testing
of such weapons or ammunition. | ||||||
17 | This exemption does not authorize the
general private | ||||||
18 | possession of any weapon from which 8 or more
shots or | ||||||
19 | bullets can be discharged by a single function of the | ||||||
20 | firing
device, but only such possession and activities as | ||||||
21 | are within the lawful
scope of a licensed manufacturing | ||||||
22 | business described in this paragraph.
| ||||||
23 | During transportation, such weapons shall be broken | ||||||
24 | down in a
non-functioning state or not immediately | ||||||
25 | accessible.
| ||||||
26 | (6) The manufacture, transport, testing, delivery, |
| |||||||
| |||||||
1 | transfer or sale,
and all lawful commercial or experimental | ||||||
2 | activities necessary thereto, of
rifles, shotguns, and | ||||||
3 | weapons made from rifles or shotguns,
or ammunition for | ||||||
4 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
5 | person operating as a contractor or subcontractor pursuant | ||||||
6 | to a
contract or subcontract for the development and supply | ||||||
7 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
8 | United States government or any
branch of the Armed Forces | ||||||
9 | of the United States, when such activities are
necessary | ||||||
10 | and incident to fulfilling the terms of such contract.
| ||||||
11 | The exemption granted under this subdivision (c)(6)
| ||||||
12 | shall also apply to any authorized agent of any such | ||||||
13 | contractor or
subcontractor who is operating within the | ||||||
14 | scope of his employment, where
such activities involving | ||||||
15 | such weapon, weapons or ammunition are necessary
and | ||||||
16 | incident to fulfilling the terms of such contract.
| ||||||
17 | During transportation, any such weapon shall be broken | ||||||
18 | down in a
non-functioning state, or not immediately | ||||||
19 | accessible.
| ||||||
20 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
21 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
22 | officer.
| ||||||
23 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
24 | manager or
authorized employee of any place specified in that | ||||||
25 | subsection nor to any
law enforcement officer.
| ||||||
26 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| |||||||
| |||||||
1 | Section 24-1.6
do not apply
to members of any club or | ||||||
2 | organization organized for the purpose of practicing
shooting | ||||||
3 | at targets upon established target ranges, whether public or | ||||||
4 | private,
while using their firearms on those target ranges.
| ||||||
5 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
6 | to:
| ||||||
7 | (1) Members of the Armed Services or Reserve Forces of | ||||||
8 | the United
States or the Illinois National Guard, while in | ||||||
9 | the performance of their
official duty.
| ||||||
10 | (2) Bonafide collectors of antique or surplus military | ||||||
11 | ordinance.
| ||||||
12 | (3) Laboratories having a department of forensic | ||||||
13 | ballistics, or
specializing in the development of | ||||||
14 | ammunition or explosive ordinance.
| ||||||
15 | (4) Commerce, preparation, assembly or possession of | ||||||
16 | explosive
bullets by manufacturers of ammunition licensed | ||||||
17 | by the federal government,
in connection with the supply of | ||||||
18 | those organizations and persons exempted
by subdivision | ||||||
19 | (g)(1) of this Section, or like organizations and persons
| ||||||
20 | outside this State, or the transportation of explosive | ||||||
21 | bullets to any
organization or person exempted in this | ||||||
22 | Section by a common carrier or by a
vehicle owned or leased | ||||||
23 | by an exempted manufacturer.
| ||||||
24 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
25 | persons licensed
under federal law to manufacture any device or | ||||||
26 | attachment of any kind designed,
used, or intended for use in |
| |||||||
| |||||||
1 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
2 | for those firearms equipped with those devices, and actually | ||||||
3 | engaged in the
business of manufacturing those devices, | ||||||
4 | firearms, or ammunition, but only with
respect to
activities | ||||||
5 | that are within the lawful scope of that business, such as the
| ||||||
6 | manufacture, transportation, or testing of those devices, | ||||||
7 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
8 | general private possession of any device or
attachment of any | ||||||
9 | kind designed, used, or intended for use in silencing the
| ||||||
10 | report of any firearm, but only such possession and activities | ||||||
11 | as are within
the
lawful scope of a licensed manufacturing | ||||||
12 | business described in this subsection
(g-5). During | ||||||
13 | transportation, those devices shall be detached from any weapon
| ||||||
14 | or
not immediately accessible.
| ||||||
15 | (h) An information or indictment based upon a violation of | ||||||
16 | any
subsection of this Article need not negative any exemptions | ||||||
17 | contained in
this Article. The defendant shall have the burden | ||||||
18 | of proving such an
exemption.
| ||||||
19 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
20 | affect
the transportation, carrying, or possession, of any | ||||||
21 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
22 | to a common carrier operating
under license of the State of | ||||||
23 | Illinois or the federal government, where
such transportation, | ||||||
24 | carrying, or possession is incident to the lawful
| ||||||
25 | transportation in which such common carrier is engaged; and | ||||||
26 | nothing in this
Article shall prohibit, apply to, or affect the |
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
1 | transportation, carrying,
or possession of any pistol, | ||||||||||||||||||||||||||||||||||||||||
2 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||||||||||||||||||||||||||||||||||||
3 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||||||||||||||||||||||||||||||||||||
4 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||||||||||||||||||||||||||||||||||||
5 | carrying box, shipping box, or other container, by the | ||||||||||||||||||||||||||||||||||||||||
6 | possessor of a valid
Firearm Owners Identification Card.
| ||||||||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||||||||||||||||||||||||||||||||||||
8 | 95-885, eff. 1-1-09.)
| ||||||||||||||||||||||||||||||||||||||||
9 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||
10 | becoming law. | ||||||||||||||||||||||||||||||||||||||||
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