|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning firearms.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 1. Short title. This Act may be cited as the Family | ||||||
5 | and Personal Protection Act. | ||||||
6 | Section 5. Legislative declaration. On June 26, 2008 the | ||||||
7 | United States Supreme Court issued an opinion in the case of | ||||||
8 | District of Columbia et al. v. Heller. In that decision, the | ||||||
9 | Court's majority stated "Putting all of these textual elements | ||||||
10 | together, we find that they guarantee the individual right to | ||||||
11 | possess and carry weapons in case of confrontation." | ||||||
12 | The General Assembly finds, in keeping with the Heller | ||||||
13 | decision, that as a matter of public policy it is necessary to | ||||||
14 | provide statewide uniform standards for issuing permits to | ||||||
15 | carry concealed firearms and that no person who does not | ||||||
16 | qualify under the provisions of this Act receives a permit to | ||||||
17 | carry concealed firearms. The General Assembly recognizes that | ||||||
18 | it already regulates the use and possession of concealed | ||||||
19 | firearms under Sections 24-1 and 24-1.6 of the Criminal Code of | ||||||
20 | 1961 and that the regulation of concealed firearms is an | ||||||
21 | exclusive Statewide function. The General Assembly does not | ||||||
22 | delegate to the county sheriff the authority to regulate or | ||||||
23 | restrict the issuing of concealed firearms permits provided for |
| |||||||
| |||||||
1 | in this Act beyond those provisions contained in this Act.
| ||||||
2 | Section 10. Definitions. As used in this Act: | ||||||
3 | "Board" means the Illinois Law Enforcement Training | ||||||
4 | Standards Board. | ||||||
5 | "Concealed firearm" means a handgun carried on or about a | ||||||
6 | person completely or mostly concealed from view of the public, | ||||||
7 | or carried in a vehicle in such a way as it is concealed from | ||||||
8 | view of the public. | ||||||
9 | "Fund" means the Citizen Safety and Self-Defense Trust Fund | ||||||
10 | in each county. | ||||||
11 | "Handgun" has the meaning ascribed to it in paragraph (h) | ||||||
12 | of subsection (A) of Section 24-3 of the Criminal Code of 1961. | ||||||
13 | "Permit" means a permit to carry a concealed firearm issued | ||||||
14 | by the county sheriff. | ||||||
15 | "Permittee" means a person who is issued a permit to carry | ||||||
16 | a concealed firearm by the county sheriff.
| ||||||
17 | Section 15. Permit for concealed firearms. The county | ||||||
18 | sheriff is authorized to issue permits to carry concealed | ||||||
19 | firearms to persons qualified as provided in this Act. Permits | ||||||
20 | to carry concealed firearms shall be valid throughout the State | ||||||
21 | for a period of 3 years from the date of issuance. Any person | ||||||
22 | in compliance with the terms of the permit may carry concealed | ||||||
23 | firearms on or about his or her person. The permittee shall | ||||||
24 | carry the permit at all times the permittee is carrying a |
| |||||||
| |||||||
1 | concealed firearm and shall display the permit upon the request | ||||||
2 | of a law enforcement officer. | ||||||
3 | Section 20. Application for permit and qualifications of | ||||||
4 | applicants. | ||||||
5 | (a) An applicant for a permit shall obtain the application | ||||||
6 | from the county sheriff of the county in which the applicant | ||||||
7 | resides. The completed application and all accompanying | ||||||
8 | material plus an application fee of $100 for a new permit or | ||||||
9 | $75 for a renewal shall be presented to the office of the | ||||||
10 | sheriff of the county in which the applicant resides. | ||||||
11 | The sheriff shall evaluate the application and | ||||||
12 | accompanying material, and within 30 days, the sheriff shall | ||||||
13 | either issue or deny the permit. | ||||||
14 | (b) The county sheriff, upon a person's application for a | ||||||
15 | concealed firearms permit, upon receipt of the appropriate | ||||||
16 | fees, and after compliance with the procedures set out in this | ||||||
17 | Section, shall issue the applicant a concealed firearms permit | ||||||
18 | if the person: | ||||||
19 | (i) is at least 21 years of age; | ||||||
20 | (ii) resides within the State of Illinois and has been | ||||||
21 | a resident for the last 6 months (except the 6 months shall | ||||||
22 | be waived for members of the Armed Forces) and is a | ||||||
23 | permanent resident of the United States; | ||||||
24 | (iii) has a valid Firearm Owner's Identification Card; | ||||||
25 | (iv) Has not been convicted of a crime punishable by |
| |||||||
| |||||||
1 | imprisonment for a term exceeding one year, or of a | ||||||
2 | misdemeanor evidencing violence, is not free on any form of | ||||||
3 | bond or pretrial release for a felony or a misdemeanor | ||||||
4 | evidencing violence, and has no outstanding warrants for | ||||||
5 | those crimes; | ||||||
6 | (v) Has no record of mental disease or mental illness | ||||||
7 | on file that would evidence incapacity, or lack of proper | ||||||
8 | mental capacity; | ||||||
9 | (vi) Has not been committed to a state or federal | ||||||
10 | facility for the abuse of a controlled substance or | ||||||
11 | cannabis and has not been convicted of a misdemeanor | ||||||
12 | violation of the Illinois Controlled Substances Act or | ||||||
13 | Cannabis Control Act or similar laws of any other state | ||||||
14 | relating to controlled substances or cannabis within a 10 | ||||||
15 | year period immediately preceding the date on which the | ||||||
16 | application is submitted; and | ||||||
17 | (vii) Does not chronically and habitually use | ||||||
18 | alcoholic beverages as evidenced by the applicant having 2 | ||||||
19 | or more convictions for violating Section 11-501 of the | ||||||
20 | Illinois Vehicle Code or a similar provision of a local | ||||||
21 | ordinance within 5 years preceding his or her application | ||||||
22 | or the applicant having elected treatment under the | ||||||
23 | supervision of a licensed program in accordance with the | ||||||
24 | Alcoholism and Other Drug Abuse and Dependency Act or | ||||||
25 | similar laws of any other state within a 5 year period | ||||||
26 | immediately preceding the date on which the application is |
| |||||||
| |||||||
1 | submitted.
| ||||||
2 | Section 25. Contents of application. The initial | ||||||
3 | application shall be in writing, under oath and under the | ||||||
4 | penalties of perjury, on a standard form promulgated by the | ||||||
5 | county sheriff and shall be accompanied by the appropriate fees | ||||||
6 | and required documentation. The application shall only contain | ||||||
7 | or require the following information: | ||||||
8 | (i) the applicant's name, address, gender, race, date | ||||||
9 | and place of birth, and driver's license or State | ||||||
10 | identification card number; | ||||||
11 | (ii) an affirmation that the applicant is at least 21 | ||||||
12 | years of age and that the applicant possesses a currently | ||||||
13 | valid Illinois Firearm Owner's Identification Card, | ||||||
14 | together with the card number and a photocopy of the | ||||||
15 | Firearm Owner's Identification Card; | ||||||
16 | (iii) a full set of legible fingerprints of the | ||||||
17 | applicant taken by any federal, State, county or municipal | ||||||
18 | law enforcement agency. Any cost of fingerprinting shall be | ||||||
19 | paid by the applicant. The State, county or local law | ||||||
20 | enforcement agencies may not charge more than $10 to | ||||||
21 | fingerprint an applicant; | ||||||
22 | (iv) a head and shoulder color photograph taken within | ||||||
23 | 30 days preceding the date on which the application is | ||||||
24 | submitted; | ||||||
25 | (v) questions to certify or demonstrate that the |
| |||||||
| |||||||
1 | applicant has completed the firearms and deadly use of | ||||||
2 | force training and education prerequisites specified under | ||||||
3 | this Act and a photocopy of a certificate or other evidence | ||||||
4 | of completion of a course to show compliance; | ||||||
5 | (vi) a statement that the applicant is a resident of | ||||||
6 | the State of Illinois and has been a resident for the last | ||||||
7 | 6 months (except the 6 months shall be waived for members | ||||||
8 | of the Armed Forces) and is a permanent resident of the | ||||||
9 | United States; | ||||||
10 | (vii) a waiver of privacy and confidentiality rights | ||||||
11 | and privileges enjoyed by the applicant under all federal | ||||||
12 | and state laws governing justice, psychological, or | ||||||
13 | psychiatric records, or access to records relating to the | ||||||
14 | applicant's history of juvenile court, or criminal | ||||||
15 | institutionalization, and an affirmative request that any | ||||||
16 | person having custody of any such record provide it or | ||||||
17 | information concerning it to the sheriff; | ||||||
18 | (viii) an affirmation that the applicant has never been | ||||||
19 | convicted of any felony or of a misdemeanor involving the | ||||||
20 | use or threat of physical force or violence to any person; | ||||||
21 | and has never been adjudicated a delinquent minor for an | ||||||
22 | offense which, had he or she been tried as an adult, would | ||||||
23 | have been such a felony or misdemeanor. The application | ||||||
24 | shall also contain the following statement along with a | ||||||
25 | signature line for use by the applicant, which statement | ||||||
26 | the applicant shall affirm under oath: "I, the undersigned, |
| |||||||
| |||||||
1 | state, under oath and subject to the penalty of perjury, | ||||||
2 | that I am not a streetgang member as defined in Section 10 | ||||||
3 | of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
4 | Act, and I will not join or become associated with a | ||||||
5 | criminal streetgang."; and | ||||||
6 | (ix) a conspicuous warning that false statements made | ||||||
7 | by the applicant will result in prosecution for perjury in | ||||||
8 | accordance with Section 32-2 of the Criminal Code of 1961.
| ||||||
9 | Section 30. Fees. Fees collected under this Act and | ||||||
10 | deposited into a Citizen Safety and Self-Defense Trust Fund | ||||||
11 | shall be used exclusively by the sheriff for administrating the | ||||||
12 | provisions of this Act. Any excess monies in the Fund may be | ||||||
13 | used to ensure the prompt and efficient processing of | ||||||
14 | applications received under Section 25 of this Act. The | ||||||
15 | application fee shall be retained by the office of the sheriff | ||||||
16 | for official expenses of the office associated with this Act. | ||||||
17 | Fees for a concealed firearms permit shall be: | ||||||
18 | New permit..$100 | ||||||
19 | Renewal..$75
| ||||||
20 | Duplicate of a lost or destroyed permit..$25 | ||||||
21 | Corrected permit due to change of address or name..$25 | ||||||
22 | Late renewal fee..$25
| ||||||
23 | Section 35. Approval of application. | ||||||
24 | (a) If the sheriff finds that the applicant possesses a |
| |||||||
| |||||||
1 | valid Firearm Owner's Identification Card, meets the training | ||||||
2 | requirements of this Act, and has provided the documentation | ||||||
3 | and paid the fees required for issuance of a concealed firearms | ||||||
4 | permit, and that, as nearly as it is possible to determine, | ||||||
5 | nothing in the applicant's background or present circumstances | ||||||
6 | disqualify him or her from possessing a firearm in Illinois, | ||||||
7 | the Sheriff shall approve the application and issue the | ||||||
8 | applicant a wallet sized permit bearing the photograph, name, | ||||||
9 | and address of the applicant and identifying the office issuing | ||||||
10 | the permit within 30 days. | ||||||
11 | (b) The sheriff may consider an objection or recommendation | ||||||
12 | made by the sheriff or municipal police department supported by | ||||||
13 | specific and articulable reasons, in a written report, why the | ||||||
14 | applicant should be denied a permit and may deny the permit | ||||||
15 | based solely on those objections. If the objection contains | ||||||
16 | false, malicious or inaccurate information, the sheriff or | ||||||
17 | municipal police department filing the objection shall bear all | ||||||
18 | of the applicant's costs if the applicant prevails in an | ||||||
19 | appeal. | ||||||
20 | (c) If the applicant is found to be ineligible, the sheriff | ||||||
21 | shall deny the application, and notify the applicant in | ||||||
22 | writing, stating the grounds for denial and informing the | ||||||
23 | applicant of the right to submit, within 30 days, any | ||||||
24 | additional documentation relating to the grounds of the denial. | ||||||
25 | Upon receiving any additional documentation, the sheriff shall | ||||||
26 | reconsider his decision and inform the applicant within 30 days |
| |||||||
| |||||||
1 | of the result of the reconsideration. The applicant shall | ||||||
2 | further be informed of the right to appeal the denial in the | ||||||
3 | circuit court of his or her place of residence.
| ||||||
4 | Section 40. Revocation of a permit. A permit issued under | ||||||
5 | Section 35 shall be suspended or revoked if the permit holder | ||||||
6 | becomes ineligible to be issued a permit under the criteria set | ||||||
7 | forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or (vii) | ||||||
8 | of Section 25 or subsection (b) of Section 35 of this Act. | ||||||
9 | When an order of protection is issued under Section 112A-14 | ||||||
10 | of the Code of Criminal Procedure of 1963 or under Section 214 | ||||||
11 | of the Illinois Domestic Violence Act of 1986 against a person | ||||||
12 | holding a permit issued under this Act, the holder of the | ||||||
13 | permit shall surrender the permit to the court or to the | ||||||
14 | officer serving the order. The officer to whom the permit is | ||||||
15 | surrendered shall forthwith transmit the permit to the court | ||||||
16 | issuing the order. The permit shall be suspended until the | ||||||
17 | order is terminated. | ||||||
18 | Section 45. Notification of renewal. Not later than 120 | ||||||
19 | days before the expiration of any permit issued under this Act, | ||||||
20 | the sheriff shall notify the permit holder in writing of the | ||||||
21 | expiration and furnish an application for renewal of the | ||||||
22 | permit. | ||||||
23 | Section 50. Renewal of permit. |
| |||||||
| |||||||
1 |
(a) The permit shall be renewed for a qualified applicant | ||||||
2 | upon receipt of the properly completed renewal application and | ||||||
3 | required renewal fee. The renewal application shall contain the | ||||||
4 | same required information as set forth in paragraphs (i) | ||||||
5 | through (ix) of Section 25, except that in lieu of the firearm | ||||||
6 | education and use of deadly force training, the applicant need | ||||||
7 | only demonstrate previous issuance of and continued | ||||||
8 | eligibility for a concealed firearms permit. | ||||||
9 | (b) A permittee who fails to file a renewal application on | ||||||
10 | or before its expiration date must pay an additional late fee | ||||||
11 | of $25. A person who fails to renew his or her application | ||||||
12 | within 6 months after its expiration must reapply for a new | ||||||
13 | permit and pay the fee for a new application.
| ||||||
14 | Section 55. Change of address, change of name, and lost or | ||||||
15 | destroyed permits. | ||||||
16 | (a) Within 30 days after changing his or her permanent | ||||||
17 | residence, and within 30 days after loss or destruction of a | ||||||
18 | concealed firearms permit, the permittee shall notify the | ||||||
19 | sheriff of the loss, destruction, change of name, or change of | ||||||
20 | residence. Failure to notify the Department of State Police | ||||||
21 | shall constitute a noncriminal violation with a penalty of $25 | ||||||
22 | payable to the Department of State Police. | ||||||
23 | (b) If a person issued a permit to carry a concealed | ||||||
24 | firearm changes residence within this State, or changes his or | ||||||
25 | her name, the person to whom the permit was issued may, upon |
| |||||||
| |||||||
1 | payment of $25 and presentation of their current permit to the | ||||||
2 | sheriff, obtain a corrected concealed firearms permit with a | ||||||
3 | change of address or change of name upon furnishing a notarized | ||||||
4 | statement to the sheriff that the permittee has changed | ||||||
5 | residence or his or her name, and upon submission of an | ||||||
6 | application as set forth in paragraph (i) of Section 25 and a | ||||||
7 | photograph as set forth in paragraph (iv) of Section 25. A | ||||||
8 | concealed firearms permit shall be automatically invalid after | ||||||
9 | 30 days if the permittee has not notified the Department of | ||||||
10 | State Police of a change of residence. A permit corrected under | ||||||
11 | this subsection shall be issued in 48 hours. | ||||||
12 | (c) If a permit to carry a concealed firearm is lost or | ||||||
13 | destroyed, the permit shall be automatically invalid, and the | ||||||
14 | person to whom the permit was issued may obtain a duplicate, | ||||||
15 | upon payment of $25 to the sheriff and furnishing a notarized | ||||||
16 | statement to the sheriff that the permit was lost or destroyed, | ||||||
17 | and submission of an application as set forth in paragraph (i) | ||||||
18 | of Section 25 and a photograph as set forth in paragraph (iv) | ||||||
19 | of Section 25.
| ||||||
20 | Section 60. Automated listing.
| ||||||
21 | (a) At least monthly, the sheriff shall transmit a listing | ||||||
22 | of all individuals to whom the Sheriff has issued or revoked a | ||||||
23 | permit under this Act. That listing shall contain the name, | ||||||
24 | address, gender, race, date and place of birth, and driver | ||||||
25 | license or State identification card number. |
| |||||||
| |||||||
1 | (b) The Department of State Police shall maintain an | ||||||
2 | automated listing of permit holders, and this information shall | ||||||
3 | be available on-line, upon request, at all times to all | ||||||
4 | Illinois law enforcement agencies. Except as provided in this | ||||||
5 | Act, information on applications for permits, names and | ||||||
6 | addresses, or other identifying information relating to permit | ||||||
7 | holders shall be confidential and shall not be made available | ||||||
8 | except to law enforcement agencies.
| ||||||
9 | Section 65. Privacy of permit holders and applicants. | ||||||
10 | Except as provided in this Section, information on applications | ||||||
11 | for permits, names and addresses, or other identifying | ||||||
12 | information relating to permit holders shall be confidential, | ||||||
13 | not subject to the Illinois Freedom of Information Act, and | ||||||
14 | shall not be made available except to law enforcement agencies. | ||||||
15 | Requests for information about any permit holder or | ||||||
16 | applicant made by persons other than a bona fide law | ||||||
17 | enforcement agency shall be made in writing together with any | ||||||
18 | fee required for providing the information. | ||||||
19 | No State or local law enforcement agency shall provide a | ||||||
20 | list of names of any or all holders or applicants in the State | ||||||
21 | of Illinois or a county licensed to carry a concealed firearm, | ||||||
22 | except that the Department of State Police or sheriff may, upon | ||||||
23 | proper application and the payment of the required fee, provide | ||||||
24 | to the requester, in written form only, confirmation that an | ||||||
25 | individual has or has not been issued, applied for, or denied a |
| |||||||
| |||||||
1 | permit, or had a permit revoked under this Act. No identifying | ||||||
2 | information other than the name shall be provided. | ||||||
3 | Only the Department of State Police or sheriff may provide | ||||||
4 | statistical information on: | ||||||
5 | (i) the number of permits or applicants issued or | ||||||
6 | received; | ||||||
7 | (ii) the race, age, or gender of those issued permits | ||||||
8 | or applicants;
| ||||||
9 | (iii) the county of residence of those issued permits | ||||||
10 | or applicants; | ||||||
11 | (iv) the number of permits revoked and for what reason. | ||||||
12 | Nothing in this Section shall prevent any law enforcement | ||||||
13 | agency from releasing information about an individual as part | ||||||
14 | of a criminal investigation. | ||||||
15 | The names of all persons, other than law enforcement | ||||||
16 | agencies and peace officers, requesting information under this | ||||||
17 | Section shall be public records. No other agency of government | ||||||
18 | other than the Department of State Police or sheriff shall | ||||||
19 | provide any information to a requester not entitled to it by | ||||||
20 | law.
| ||||||
21 | Section 70. Concealed firearms permit.
| ||||||
22 | (a) A concealed firearm permit shall authorize the person | ||||||
23 | in whose name the permit is issued to carry concealed firearms | ||||||
24 | on or about his or her person or vehicle throughout the State. | ||||||
25 | No permit issued under this Section shall authorize any person |
| |||||||
| |||||||
1 | to carry a concealed firearm into or upon: | ||||||
2 | (i) Any state or local police or sheriff's office or | ||||||
3 | station without the consent of the chief law enforcement | ||||||
4 | officer in charge of that office or station. | ||||||
5 | (ii) The facility of any adult or juvenile detention or | ||||||
6 | correctional institution, prison, or jail. | ||||||
7 | (iii) Any courthouse solely occupied by the Circuit, | ||||||
8 | Appellate, or Supreme Court or a courtroom of any of those | ||||||
9 | courts, or court proceeding, except that nothing in this | ||||||
10 | Section shall preclude a judge, holding a concealed firearm | ||||||
11 | permit, from carrying a concealed firearm within a | ||||||
12 | courthouse. | ||||||
13 | (iv) Any meeting of the governing body of a unit of | ||||||
14 | local government; or any meeting of the General Assembly or | ||||||
15 | a committee of the General Assembly, except that nothing in | ||||||
16 | this paragraph shall preclude a member of the body or | ||||||
17 | registered lobbyist holding a concealed firearms permit | ||||||
18 | from carrying a concealed firearm at a meeting of the body. | ||||||
19 | The General Assembly or a county or municipality may by | ||||||
20 | statute or ordinance prohibit or limit the carrying of | ||||||
21 | concealed firearms by permit holders, other than | ||||||
22 | permittees described in this paragraph (iv) in that portion | ||||||
23 | of a building owned, leased or controlled by that unit of | ||||||
24 | government. That portion of a building in which the | ||||||
25 | carrying of concealed firearms is prohibited or limited | ||||||
26 | shall be clearly identified by signs posted at the entrance |
| |||||||
| |||||||
1 | to the restricted area. The statute or ordinance shall | ||||||
2 | exempt any building used for public housing by private | ||||||
3 | persons, highways or rest areas, firing ranges, and private | ||||||
4 | dwellings owned, leased, or controlled by that unit of | ||||||
5 | government from any restriction on the carrying or of | ||||||
6 | possession of a firearm. The statute or ordinance shall not | ||||||
7 | specify any criminal penalty for its violation but may | ||||||
8 | specify that persons violating the statute or ordinance may | ||||||
9 | be denied entrance to the building, ordered to leave the | ||||||
10 | building and if the employees of the unit of government, be | ||||||
11 | subjected to disciplinary measures for violation of the | ||||||
12 | provisions of the statute or ordinance. The provisions of | ||||||
13 | this Section shall not apply to any other unit of | ||||||
14 | government. | ||||||
15 | (v) Any portion of an establishment licensed to | ||||||
16 | dispense beer or alcoholic beverages for consumption on the | ||||||
17 | premises, which portion of the establishment is primarily | ||||||
18 | devoted to that purpose. | ||||||
19 | This paragraph (v) does not apply to any bona fide | ||||||
20 | restaurant open to the general public having dining | ||||||
21 | facilities for at least 25 persons and that receives at | ||||||
22 | least 50% of its gross annual income from the dining | ||||||
23 | facilities by the sale of food. | ||||||
24 | (vi) Any area of an airport to which access is | ||||||
25 | controlled by the inspection of persons and property. | ||||||
26 | (vii) Any place where the carrying of a firearm is |
| |||||||
| |||||||
1 | prohibited by federal law. | ||||||
2 | (viii) Inside any elementary or secondary school | ||||||
3 | facility without the consent of school authorities. | ||||||
4 | (ix) Any portion of a building used as a child care | ||||||
5 | facility without the consent of the manager. Nothing in | ||||||
6 | this Section shall prevent the operator of a child care | ||||||
7 | facility in a family home from owning or possessing a | ||||||
8 | firearm or permit. | ||||||
9 | (x) A riverboat gambling operation or horse racing | ||||||
10 | facility accessible by the public. | ||||||
11 | (xi) Any gated area of an amusement park. | ||||||
12 | (xii) Any stadium, arena, or collegiate or | ||||||
13 | professional sporting event. | ||||||
14 | (xiii) A church or other place of religious worship. | ||||||
15 | A violation of this subsection (a) is a Class A | ||||||
16 | misdemeanor. | ||||||
17 | A concealed firearm permit does not authorize the concealed | ||||||
18 | carrying or transportation of a stun gun or taser. | ||||||
19 | (b) The owner, business or commercial lessee, manager of a | ||||||
20 | private business enterprise, or any other organization, | ||||||
21 | entity, or person may prohibit persons holding a permit for | ||||||
22 | concealed firearms from carrying concealed firearms on the | ||||||
23 | premises and may prohibit employees, not under a collective | ||||||
24 | bargaining agreement, not authorized by the employer, holding a | ||||||
25 | permit for concealed firearms from carrying concealed firearms | ||||||
26 | on the property of the employer. If the building or the |
| |||||||
| |||||||
1 | premises are open to the public, the employer of the business | ||||||
2 | enterprise shall post signs on or about the premises if | ||||||
3 | carrying a concealed firearm is prohibited. Possession of a | ||||||
4 | firearm in a vehicle on the premises shall not be a criminal | ||||||
5 | offense so long as the firearm is not removed from the vehicle | ||||||
6 | or brandished while the vehicle is on the premises. An employer | ||||||
7 | may prohibit employees, not under a collective bargaining | ||||||
8 | agreement, or other persons holding a permit for a concealed | ||||||
9 | firearm from carrying a concealed firearm in vehicles owned by | ||||||
10 | the employer. Carrying of a concealed firearm in a location | ||||||
11 | specified in this subsection by a permit holder shall not be a | ||||||
12 | criminal act but may subject the person to denial to the | ||||||
13 | premises or removal from the premises. | ||||||
14 | (c) Any owner, business or commercial lessee, manager of a | ||||||
15 | private business enterprise, or any other organization, | ||||||
16 | entity, or person that prohibits persons holding a permit for | ||||||
17 | concealed firearms from carrying concealed firearms on the | ||||||
18 | premises shall be civilly liable for any injury from a criminal | ||||||
19 | act upon a person holding a permit for carrying a concealed | ||||||
20 | firearm who was prohibited from carrying a concealed firearm on | ||||||
21 | the premises. | ||||||
22 | Section 75. Immunity of sheriff, employees, and agents. The | ||||||
23 | office of the county sheriff, or any employee or agent of the | ||||||
24 | county sheriff, shall not be liable for damages in any civil | ||||||
25 | action arising from alleged wrongful or improper granting, |
| |||||||
| |||||||
1 | renewing, or failure to revoke permits issued under this Act. | ||||||
2 | The office of the county sheriff or any employee or agent of | ||||||
3 | the office of the county sheriff shall not be liable for | ||||||
4 | submitting specific and articulable reasons why an applicant | ||||||
5 | should be denied a permit, unless the objection contains false, | ||||||
6 | malicious or inaccurate information. The sheriff or municipal | ||||||
7 | police department filing the objection shall bear all of the | ||||||
8 | applicant's costs if the applicant prevails in an appeal. | ||||||
9 | Section 80. Applicant training.
| ||||||
10 | (a) The applicant training course shall be the standardized | ||||||
11 | training course furnished by the Board and taught by a | ||||||
12 | qualified firearms instructor, consisting of: | ||||||
13 | (1) Eight hours of classroom instruction, covering at | ||||||
14 | least the following topics: | ||||||
15 | (i) handgun safety in the classroom, at home, on | ||||||
16 | the firing range and while carrying the firearm; | ||||||
17 | (ii) the basic principles of marksmanship; | ||||||
18 | (iii) care and cleaning of handguns; | ||||||
19 | (iv) by means of a videotape produced or approved | ||||||
20 | by the Board: | ||||||
21 | (A) the requirements for obtaining a concealed | ||||||
22 | firearms permit in this State; | ||||||
23 | (B) laws relating to firearms as prescribed in | ||||||
24 | the Firearm Owners Identification Card Act, | ||||||
25 | Article 24 of the Criminal Code of 1961, and 18 |
| |||||||
| |||||||
1 | U.S.C. 921 through 930; and | ||||||
2 | (C) laws relating to the justifiable use of | ||||||
3 | force as prescribed in Article 7 of the Criminal | ||||||
4 | Code of 1961; | ||||||
5 | (v) a written exam not to exceed 100 questions | ||||||
6 | testing the knowledge of the applicant on the subject | ||||||
7 | matter covered in the course. | ||||||
8 | (2) Live firing exercises of sufficient duration for | ||||||
9 | each applicant to fire a handgun: | ||||||
10 | (i) from a standing position; | ||||||
11 | (ii) a minimum of 20 rounds; | ||||||
12 | (iii) at a distance of 7 yards from a B-21 | ||||||
13 | silhouette target, or an equivalent as approved by the | ||||||
14 | Board. | ||||||
15 | (b) The classroom portion of the course may be, at the | ||||||
16 | qualified firearms instructor's discretion, divided into | ||||||
17 | segments of not less than 2 hours each. | ||||||
18 | (c) (1) An applicant training course shall not be open to | ||||||
19 | persons who are less than 21 years of age. | ||||||
20 | (2) Applicant training course students shall complete a | ||||||
21 | course application form, which shall include a statement | ||||||
22 | acknowledging receipt of copies of pertinent statutory | ||||||
23 | provisions listed in clauses (A), (B), and (C) of subparagraph | ||||||
24 | (iv) of paragraph (1) of subsection (a) and a liability waiver. | ||||||
25 | (3) The course application form may be obtained from the | ||||||
26 | qualified firearms instructor at the time of the course.
|
| |||||||
| |||||||
1 | (d) At the conclusion of the classroom portion of the | ||||||
2 | applicant training course, the qualified firearms instructor | ||||||
3 | shall: | ||||||
4 | (1) distribute a standard course examination to the | ||||||
5 | students; | ||||||
6 | (2) not leave the room in which the examination is | ||||||
7 | being held while the examination is in progress; | ||||||
8 | (3) collect examination booklets and answer sheets | ||||||
9 | from each student at the end of the examination period; | ||||||
10 | (4) not grade the examinations in the presence of | ||||||
11 | students; and | ||||||
12 | (5) not divulge an applicant's numeric score on the day | ||||||
13 | of the examination, but the instructor may indicate whether | ||||||
14 | an applicant passed or failed the examination. | ||||||
15 | (e) A person shall not: | ||||||
16 | (1) Make an unauthorized copy of the applicant training | ||||||
17 | course examination, in whole or in part; | ||||||
18 | (2) Possess the applicant training course examination, | ||||||
19 | or questions from the examination, unless authorized by the | ||||||
20 | Department; or | ||||||
21 | (3) Divulge the contents of an applicant training | ||||||
22 | course examination question to another person.
| ||||||
23 | (f) (1) Students shall provide their own safe, functional | ||||||
24 | handgun and factory-loaded ammunition. | ||||||
25 | (2) Prior to conducting range firing, the certified | ||||||
26 | firearms instructor shall: |
| |||||||
| |||||||
1 | (i) inspect each applicant's firearm; and | ||||||
2 | (ii) not allow the firing of a handgun that is not in | ||||||
3 | sound mechanical condition or otherwise may pose a safety | ||||||
4 | hazard. | ||||||
5 | (g) Grades of "passing" shall not be given on range work to | ||||||
6 | an applicant who: | ||||||
7 | (1) does not follow the orders of the certified | ||||||
8 | firearms instructor; | ||||||
9 | (2) in the judgment of the certified firearms | ||||||
10 | instructor, handles a firearm in a manner that poses a | ||||||
11 | danger to the applicant or to others; or | ||||||
12 | (3) during the testing portion of the range work fails | ||||||
13 | to hit the silhouette portion of the target with a majority | ||||||
14 | of 20 rounds. | ||||||
15 | (h) Certified firearms instructors shall: | ||||||
16 | (1) allow monitoring of their classes by officials of | ||||||
17 | any certifying agency; | ||||||
18 | (2) make all course records available upon demand to | ||||||
19 | authorized personnel of the Board; and
| ||||||
20 | (3) not divulge course records except as authorized by | ||||||
21 | the certifying agency. | ||||||
22 | (i)(1) Fees for applicant training courses shall not exceed | ||||||
23 | $125 per student. | ||||||
24 | (2) Qualified firearms instructors shall collect the | ||||||
25 | fee and remit $25 of the fee to the Board. | ||||||
26 | (3) Fees shall not be refunded to students who fail or |
| |||||||
| |||||||
1 | otherwise do not complete the course.
| ||||||
2 | (j) An applicant training course shall not have more than | ||||||
3 | 40 students in the classroom portion or more than 5 students | ||||||
4 | per range officer engaged in range firing. | ||||||
5 | (k) Within 3 working days after the completion of the | ||||||
6 | course, the certified firearms instructor shall: | ||||||
7 | (1) grade the examinations, and | ||||||
8 | (2) mail to the Board: | ||||||
9 | (i) the completed course application form, showing | ||||||
10 | the student's score on the written examination and | ||||||
11 | indicating whether the student passed or failed the | ||||||
12 | range work, and | ||||||
13 | (ii) the graded examinations. | ||||||
14 | (l) Within 15 days after receipt of the material described | ||||||
15 | in subsection (1), the Board shall mail to the applicant:
| ||||||
16 | (i) A certificate of successful course completion; or | ||||||
17 | (ii) Notification that the applicant has failed the | ||||||
18 | course and will not be certified. | ||||||
19 | (m) A student shall be issued a certificate of completion | ||||||
20 | if he or she: | ||||||
21 | (i) answers at least 70% of the written examination | ||||||
22 | questions correctly; and | ||||||
23 | (ii) achieves a grade of "passing" on the range work. | ||||||
24 | (n) (i) Students who score below 70% on the written | ||||||
25 | examination may retake the examination one time without having | ||||||
26 | to retake the course. |
| |||||||
| |||||||
1 | (ii) Students who do not achieve a grade of "passing" | ||||||
2 | on the range work may repeat the range work twice without | ||||||
3 | having to retake the course. | ||||||
4 | (iii) Notices of failure will include information on | ||||||
5 | whether the student failed the written exam, the range | ||||||
6 | firing, or both. | ||||||
7 | Section 90. Firearms instructor certification.
The Board | ||||||
8 | shall certify instructors who have met the requirements of this | ||||||
9 | Section. | ||||||
10 | (a) Persons who are not certified firearms instructors | ||||||
11 | shall not teach applicant training courses. | ||||||
12 | (b) Persons who are not certified firearms instructors | ||||||
13 | shall not advertise or otherwise represent courses they teach | ||||||
14 | as qualifying their students to meet the requirements to | ||||||
15 | receive a permit to carry concealed firearms in this State. | ||||||
16 | (c) Persons who are not certified instructor trainers shall | ||||||
17 | not teach instructor qualification courses. | ||||||
18 | (d) Persons wishing to become certified firearms | ||||||
19 | instructors shall: | ||||||
20 | (1) be at least 21 years of age; | ||||||
21 | (2) be a citizen of the United States; and | ||||||
22 | (3) meet the requirements of subsection (b) of Section | ||||||
23 | 20. Persons wishing to become instructor trainers, in | ||||||
24 | addition to the other requirements of this subsection (d), | ||||||
25 | shall: |
| |||||||
| |||||||
1 | (A) possess at least a high school diploma or GED | ||||||
2 | certificate, | ||||||
3 | (B) have at least one of the following valid | ||||||
4 | firearms instructor certifications: | ||||||
5 | (I) National Rifle Association Personal | ||||||
6 | Protection Instructor; | ||||||
7 | (II) National Rifle Association Pistol | ||||||
8 | Marksmanship Instructor; | ||||||
9 | (III) Certification from a firearms | ||||||
10 | instructor's course offered by a State or federal | ||||||
11 | governmental agency; or | ||||||
12 | (IV) A similar firearms instructor qualifying | ||||||
13 | course, approved by the Police Training Board. | ||||||
14 | (e) (1) Applicants shall agree to background checks.
| ||||||
15 | (2) An applicant may be disqualified from becoming a | ||||||
16 | certified instructor, or have his or her instructor | ||||||
17 | qualification revoked if the applicant: | ||||||
18 | (A) does not meet the requirements of this Act to | ||||||
19 | possess a concealed firearms permit; | ||||||
20 | (B) provides false or misleading information to | ||||||
21 | the Board; or | ||||||
22 | (C) has had a prior instructor qualification | ||||||
23 | revoked by the Board. | ||||||
24 | (f) The training course to certify firearms instructors and | ||||||
25 | instructor trainers shall include: | ||||||
26 | (1) 16 hours of classroom instruction covering at least |
| |||||||
| |||||||
1 | the following topics: | ||||||
2 | (i) By means of a videotape produced or approved by the | ||||||
3 | Board: | ||||||
4 | (A) the requirements for obtaining a concealed | ||||||
5 | firearms permit in this State;
| ||||||
6 | (B) laws relating to firearms as contained in the | ||||||
7 | Firearm Owners Identification Card Act, Article 24 of | ||||||
8 | the Criminal Code of 1961, and 18 U.S.C. 921 through | ||||||
9 | 930; | ||||||
10 | (C) laws relating to the justifiable use of force | ||||||
11 | as contained in Article 7 of the Criminal Code of 1961; | ||||||
12 | (D) the conduct of applicant training courses; | ||||||
13 | (E) record-keeping requirements of this Act; | ||||||
14 | (F) the basic nomenclature of handguns; | ||||||
15 | (G) the basic principles of marksmanship; and | ||||||
16 | (H) the safe handling of handguns. | ||||||
17 | (2) A classroom demonstration, during which the | ||||||
18 | instructor candidate shall receive instruction on and | ||||||
19 | demonstrate competency in the ability to prepare and | ||||||
20 | deliver a classroom presentation using materials from the | ||||||
21 | applicant curriculum. | ||||||
22 | (3) Range instruction and firing of live ammunition, | ||||||
23 | during which the instructor candidate shall receive | ||||||
24 | instruction on and demonstrate competency in the ability | ||||||
25 | to: | ||||||
26 | (i) handle and fire a handgun safely and |
| |||||||
| |||||||
1 | accurately; | ||||||
2 | (ii) conduct a function test and safety inspection | ||||||
3 | of common types of handguns; | ||||||
4 | (iii) clean common types of handguns; and | ||||||
5 | (iv) supervise and conduct live firing exercises | ||||||
6 | in a safe and efficient manner. | ||||||
7 | (g) To qualify as a certified firearms instructor or | ||||||
8 | instructor trainer, instructor candidates shall achieve: | ||||||
9 | (1) A minimum score of 70% on a written examination | ||||||
10 | covering the material taught during the classroom portion | ||||||
11 | of the course; | ||||||
12 | (2) A minimum score of 80% on range firing of a handgun | ||||||
13 | from the standing position while aiming at a B-21 PC | ||||||
14 | silhouette target or an equivalent as approved by the | ||||||
15 | Board, with a minimum of: | ||||||
16 | (i) ten rounds from 7 yards; and | ||||||
17 | (ii) ten rounds from 15 yards; and | ||||||
18 | (iii) a score of "passing" from the course | ||||||
19 | instructor for demonstrating competency in each of the | ||||||
20 | following: | ||||||
21 | (A) Supervising and conducting live fire; | ||||||
22 | (B) Cleaning and inspecting handguns; and | ||||||
23 | (C) Preparing and delivering the classroom | ||||||
24 | lecture. | ||||||
25 | (h) Instructor candidates who fail to meet the minimum | ||||||
26 | requirements of subsection (g) of this Section may retake the |
| |||||||
| |||||||
1 | examination, range work, or classroom demonstration one time | ||||||
2 | without having to repeat the course. | ||||||
3 | (i) Qualified firearms instructor and instructor trainer | ||||||
4 | certificates shall be valid for 5 years from the date of | ||||||
5 | issuance. Qualified firearms instructors or instructor | ||||||
6 | trainers may renew their certification by successfully | ||||||
7 | completing a refresher course offered or approved by the Board. | ||||||
8 | (j) The fees for instructor trainer or refresher courses | ||||||
9 | shall be $100 per student. | ||||||
10 | (1) The fees for qualified instructor courses shall be | ||||||
11 | no more than $100 per student. The instructor trainer shall | ||||||
12 | remit $25 per student to the Board. | ||||||
13 | (2) Fees shall not be refunded to those who do not pass | ||||||
14 | or otherwise fail to complete a course. | ||||||
15 | (k) Course participants shall provide their own safe,
| ||||||
16 | functional handgun and factory-loaded ammunition. | ||||||
17 | (l) Prior to conducting range firing, the course instructor | ||||||
18 | shall: | ||||||
19 | (i) inspect each applicant's firearm; and | ||||||
20 | (ii) not allow the firing of a handgun which is not in | ||||||
21 | sound mechanical condition or otherwise may pose a safety | ||||||
22 | hazard.
| ||||||
23 | Section 95. Study. The Secretary of State shall conduct a | ||||||
24 | study to determine the cost and feasibility of creating a | ||||||
25 | method of adding an identifiable code, background, or other |
| |||||||
| |||||||
1 | means to show that an individual has been issued a permit to | ||||||
2 | carry a concealed firearm by the sheriff on the person's | ||||||
3 | driver's license or State identification card. | ||||||
4 | Section 100. Report. By March 1 of each year, the | ||||||
5 | Department of State Police shall submit a statistical report to | ||||||
6 | the Governor, the President of the Senate and the Speaker of | ||||||
7 | the House of Representatives, indicating the number of permits | ||||||
8 | issued, revoked, suspended, denied and issued after appeal in | ||||||
9 | the previous calendar year and in total and also the number of | ||||||
10 | permits currently valid. The report shall also include the | ||||||
11 | number of arrests, convictions and types of crimes in the | ||||||
12 | previous calendar year by individuals issued permits to carry a | ||||||
13 | concealed firearm. | ||||||
14 | Section 105. Preemption.
The regulating of carrying | ||||||
15 | firearms being an exclusive function of the State under Section | ||||||
16 | 24-1 and 24-1.6 of the Criminal Code of 1961, an ordinance of a | ||||||
17 | unit of local government, including a home rule unit, is | ||||||
18 | invalid if it is inconsistent with the Family and Personal | ||||||
19 | Protection Act. It is declared to be the policy of this State | ||||||
20 | that the regulation of the right to carry concealed firearms | ||||||
21 | and the issuance of permits to carry concealed firearms is an | ||||||
22 | exclusive power and function of the State. A home rule unit may | ||||||
23 | not regulate the carrying of concealed firearms. This Section | ||||||
24 | is a denial and limitation of home rule powers and functions |
| |||||||
| |||||||
1 | under subsection (h) of Section 6 of Article VII of the | ||||||
2 | Illinois Constitution.
| ||||||
3 | Section 110. Severability. The provisions of this Act are | ||||||
4 | severable under Section 1.31 of the Statute on Statutes. | ||||||
5 | Section 115. The Illinois Police Training Act is amended by | ||||||
6 | adding Section 10.6 as follows: | ||||||
7 | (50 ILCS 705/10.6 new)
| ||||||
8 | Sec. 10.6. Family and Personal Protection Act training | ||||||
9 | course. The Board shall initiate, develop, and oversee a | ||||||
10 | training course for the Family and Personal Protection Act | ||||||
11 | pursuant to that Act. The training course shall include all of | ||||||
12 | the subjects enumerated in the Family and Personal Protection | ||||||
13 | Act. The Board shall issue a certificate to those persons | ||||||
14 | successfully completing the course according to that Act.
| ||||||
15 | Section 120. The Criminal Code of 1961 is amended by | ||||||
16 | changing Section 24-2 as follows:
| ||||||
17 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
18 | Sec. 24-2. Exemptions.
| ||||||
19 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
20 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
21 | the following:
|
| |||||||
| |||||||
1 | (1) Peace officers, and any person summoned by a peace | ||||||
2 | officer to
assist in making arrests or preserving the | ||||||
3 | peace, while actually engaged in
assisting such officer.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
5 | penitentiaries, jails and other institutions for the | ||||||
6 | detention of persons
accused or convicted of an offense, | ||||||
7 | while in the performance of their
official duty, or while | ||||||
8 | commuting between their homes and places of employment.
| ||||||
9 | (3) Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States
or the Illinois National Guard or the | ||||||
11 | Reserve Officers Training Corps,
while in the performance | ||||||
12 | of their official duty.
| ||||||
13 | (4) Special agents employed by a railroad or a public | ||||||
14 | utility to
perform police functions, and guards of armored | ||||||
15 | car companies, while
actually engaged in the performance of | ||||||
16 | the duties of their employment or
commuting between their | ||||||
17 | homes and places of employment; and watchmen
while actually | ||||||
18 | engaged in the performance of the duties of their | ||||||
19 | employment.
| ||||||
20 | (5) Persons licensed as private security contractors, | ||||||
21 | private
detectives, or private alarm contractors, or | ||||||
22 | employed by an agency
certified by the Department of | ||||||
23 | Professional Regulation, if their duties
include the | ||||||
24 | carrying of a weapon under the provisions of the Private
| ||||||
25 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
26 | Vendor, and Locksmith Act of 2004,
while actually
engaged |
| |||||||
| |||||||
1 | in the performance of the duties of their employment or | ||||||
2 | commuting
between their homes and places of employment, | ||||||
3 | provided that such commuting
is accomplished within one | ||||||
4 | hour from departure from home or place of
employment, as | ||||||
5 | the case may be. Persons exempted under this subdivision
| ||||||
6 | (a)(5) shall be required to have completed a course of
| ||||||
7 | study in firearms handling and training approved and | ||||||
8 | supervised by the
Department of Professional Regulation as | ||||||
9 | prescribed by Section 28 of the
Private Detective, Private | ||||||
10 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
11 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
12 | The Department of Professional
Regulation shall provide | ||||||
13 | suitable documentation demonstrating the
successful | ||||||
14 | completion of the prescribed firearms training. Such
| ||||||
15 | documentation shall be carried at all times when such | ||||||
16 | persons are in
possession of a concealable weapon.
| ||||||
17 | (6) Any person regularly employed in a commercial or | ||||||
18 | industrial
operation as a security guard for the protection | ||||||
19 | of persons employed
and private property related to such | ||||||
20 | commercial or industrial
operation, while actually engaged | ||||||
21 | in the performance of his or her
duty or traveling between | ||||||
22 | sites or properties belonging to the
employer, and who, as | ||||||
23 | a security guard, is a member of a security force of
at | ||||||
24 | least 5 persons registered with the Department of | ||||||
25 | Professional
Regulation; provided that such security guard | ||||||
26 | has successfully completed a
course of study, approved by |
| |||||||
| |||||||
1 | and supervised by the Department of
Professional | ||||||
2 | Regulation, consisting of not less than 40 hours of | ||||||
3 | training
that includes the theory of law enforcement, | ||||||
4 | liability for acts, and the
handling of weapons. A person | ||||||
5 | shall be considered eligible for this
exemption if he or | ||||||
6 | she has completed the required 20
hours of training for a | ||||||
7 | security officer and 20 hours of required firearm
training, | ||||||
8 | and has been issued a firearm control card by
the | ||||||
9 | Department of Professional Regulation. Conditions for the | ||||||
10 | renewal of
firearm control cards issued under the | ||||||
11 | provisions of this Section
shall be the same as for those | ||||||
12 | cards issued under the provisions of the
Private Detective, | ||||||
13 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
14 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
15 | carried by the security guard at all
times when he or she | ||||||
16 | is in possession of a concealable weapon.
| ||||||
17 | (7) Agents and investigators of the Illinois | ||||||
18 | Legislative Investigating
Commission authorized by the | ||||||
19 | Commission to carry the weapons specified in
subsections | ||||||
20 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
21 | any investigation for the Commission.
| ||||||
22 | (8) Persons employed by a financial institution for the | ||||||
23 | protection of
other employees and property related to such | ||||||
24 | financial institution, while
actually engaged in the | ||||||
25 | performance of their duties, commuting between
their homes | ||||||
26 | and places of employment, or traveling between sites or
|
| |||||||
| |||||||
1 | properties owned or operated by such financial | ||||||
2 | institution, provided that
any person so employed has | ||||||
3 | successfully completed a course of study,
approved by and | ||||||
4 | supervised by the Department of Professional Regulation,
| ||||||
5 | consisting of not less than 40 hours of training which | ||||||
6 | includes theory of
law enforcement, liability for acts, and | ||||||
7 | the handling of weapons.
A person shall be considered to be | ||||||
8 | eligible for this exemption if he or
she has completed the | ||||||
9 | required 20 hours of training for a security officer
and 20 | ||||||
10 | hours of required firearm training, and has been issued a
| ||||||
11 | firearm control card by the Department of Professional | ||||||
12 | Regulation.
Conditions for renewal of firearm control | ||||||
13 | cards issued under the
provisions of this Section shall be | ||||||
14 | the same as for those issued under the
provisions of the | ||||||
15 | Private Detective, Private Alarm,
Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
17 | control card shall be carried by the person so
trained at | ||||||
18 | all times when such person is in possession of a | ||||||
19 | concealable
weapon. For purposes of this subsection, | ||||||
20 | "financial institution" means a
bank, savings and loan | ||||||
21 | association, credit union or company providing
armored car | ||||||
22 | services.
| ||||||
23 | (9) Any person employed by an armored car company to | ||||||
24 | drive an armored
car, while actually engaged in the | ||||||
25 | performance of his duties.
| ||||||
26 | (10) Persons who have been classified as peace officers |
| |||||||
| |||||||
1 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
2 | (11) Investigators of the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
4 | governors of the Office of the
State's Attorneys Appellate | ||||||
5 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
6 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
7 | (12) Special investigators appointed by a State's | ||||||
8 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
9 | (12.5) Probation officers while in the performance of | ||||||
10 | their duties, or
while commuting between their homes, | ||||||
11 | places of employment or specific locations
that are part of | ||||||
12 | their assigned duties, with the consent of the chief judge | ||||||
13 | of
the circuit for which they are employed.
| ||||||
14 | (13) Court Security Officers while in the performance | ||||||
15 | of their official
duties, or while commuting between their | ||||||
16 | homes and places of employment, with
the
consent of the | ||||||
17 | Sheriff.
| ||||||
18 | (13.5) A person employed as an armed security guard at | ||||||
19 | a nuclear energy,
storage, weapons or development site or | ||||||
20 | facility regulated by the Nuclear
Regulatory Commission | ||||||
21 | who has completed the background screening and training
| ||||||
22 | mandated by the rules and regulations of the Nuclear | ||||||
23 | Regulatory Commission.
| ||||||
24 | (14) Manufacture, transportation, or sale of weapons | ||||||
25 | to
persons
authorized under subdivisions (1) through | ||||||
26 | (13.5) of this
subsection
to
possess those weapons.
|
| |||||||
| |||||||
1 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
2 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
3 | (1) Members of any club or organization organized for | ||||||
4 | the purpose of
practicing shooting at targets upon | ||||||
5 | established target ranges, whether
public or private, and | ||||||
6 | patrons of such ranges, while such members
or patrons are | ||||||
7 | using their firearms on those target ranges.
| ||||||
8 | (2) Duly authorized military or civil organizations | ||||||
9 | while parading,
with the special permission of the | ||||||
10 | Governor.
| ||||||
11 | (3) Hunters, trappers or fishermen with a license or
| ||||||
12 | permit while engaged in hunting,
trapping or fishing.
| ||||||
13 | (4) Transportation of weapons that are broken down in a
| ||||||
14 | non-functioning state or are not immediately accessible.
| ||||||
15 | (5) Carrying a concealed firearm by a permittee who has | ||||||
16 | been issued a permit to carry a concealed firearm under the | ||||||
17 | Family and Personal Protection Act. | ||||||
18 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
19 | of the
following:
| ||||||
20 | (1) Peace officers while in performance of their | ||||||
21 | official duties.
| ||||||
22 | (2) Wardens, superintendents and keepers of prisons, | ||||||
23 | penitentiaries,
jails and other institutions for the | ||||||
24 | detention of persons accused or
convicted of an offense.
| ||||||
25 | (3) Members of the Armed Services or Reserve Forces of | ||||||
26 | the United States
or the Illinois National Guard, while in |
| |||||||
| |||||||
1 | the performance of their official
duty.
| ||||||
2 | (4) Manufacture, transportation, or sale of machine | ||||||
3 | guns to persons
authorized under subdivisions (1) through | ||||||
4 | (3) of this subsection to
possess machine guns, if the | ||||||
5 | machine guns are broken down in a
non-functioning state or | ||||||
6 | are not immediately accessible.
| ||||||
7 | (5) Persons licensed under federal law to manufacture | ||||||
8 | any weapon from
which 8 or more shots or bullets can be | ||||||
9 | discharged by a
single function of the firing device, or | ||||||
10 | ammunition for such weapons, and
actually engaged in the | ||||||
11 | business of manufacturing such weapons or
ammunition, but | ||||||
12 | only with respect to activities which are within the lawful
| ||||||
13 | scope of such business, such as the manufacture, | ||||||
14 | transportation, or testing
of such weapons or ammunition. | ||||||
15 | This exemption does not authorize the
general private | ||||||
16 | possession of any weapon from which 8 or more
shots or | ||||||
17 | bullets can be discharged by a single function of the | ||||||
18 | firing
device, but only such possession and activities as | ||||||
19 | are within the lawful
scope of a licensed manufacturing | ||||||
20 | business described in this paragraph.
| ||||||
21 | During transportation, such weapons shall be broken | ||||||
22 | down in a
non-functioning state or not immediately | ||||||
23 | accessible.
| ||||||
24 | (6) The manufacture, transport, testing, delivery, | ||||||
25 | transfer or sale,
and all lawful commercial or experimental | ||||||
26 | activities necessary thereto, of
rifles, shotguns, and |
| |||||||
| |||||||
1 | weapons made from rifles or shotguns,
or ammunition for | ||||||
2 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
3 | person operating as a contractor or subcontractor pursuant | ||||||
4 | to a
contract or subcontract for the development and supply | ||||||
5 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
6 | United States government or any
branch of the Armed Forces | ||||||
7 | of the United States, when such activities are
necessary | ||||||
8 | and incident to fulfilling the terms of such contract.
| ||||||
9 | The exemption granted under this subdivision (c)(6)
| ||||||
10 | shall also apply to any authorized agent of any such | ||||||
11 | contractor or
subcontractor who is operating within the | ||||||
12 | scope of his employment, where
such activities involving | ||||||
13 | such weapon, weapons or ammunition are necessary
and | ||||||
14 | incident to fulfilling the terms of such contract.
| ||||||
15 | During transportation, any such weapon shall be broken | ||||||
16 | down in a
non-functioning state, or not immediately | ||||||
17 | accessible.
| ||||||
18 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
19 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
20 | officer.
| ||||||
21 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
22 | manager or
authorized employee of any place specified in that | ||||||
23 | subsection nor to any
law enforcement officer.
| ||||||
24 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
25 | Section 24-1.6
do not apply
to members of any club or | ||||||
26 | organization organized for the purpose of practicing
shooting |
| |||||||
| |||||||
1 | at targets upon established target ranges, whether public or | ||||||
2 | private,
while using their firearms on those target ranges.
| ||||||
3 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
4 | to:
| ||||||
5 | (1) Members of the Armed Services or Reserve Forces of | ||||||
6 | the United
States or the Illinois National Guard, while in | ||||||
7 | the performance of their
official duty.
| ||||||
8 | (2) Bonafide collectors of antique or surplus military | ||||||
9 | ordinance.
| ||||||
10 | (3) Laboratories having a department of forensic | ||||||
11 | ballistics, or
specializing in the development of | ||||||
12 | ammunition or explosive ordinance.
| ||||||
13 | (4) Commerce, preparation, assembly or possession of | ||||||
14 | explosive
bullets by manufacturers of ammunition licensed | ||||||
15 | by the federal government,
in connection with the supply of | ||||||
16 | those organizations and persons exempted
by subdivision | ||||||
17 | (g)(1) of this Section, or like organizations and persons
| ||||||
18 | outside this State, or the transportation of explosive | ||||||
19 | bullets to any
organization or person exempted in this | ||||||
20 | Section by a common carrier or by a
vehicle owned or leased | ||||||
21 | by an exempted manufacturer.
| ||||||
22 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
23 | persons licensed
under federal law to manufacture any device or | ||||||
24 | attachment of any kind designed,
used, or intended for use in | ||||||
25 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
26 | for those firearms equipped with those devices, and actually |
| |||||||
| |||||||
1 | engaged in the
business of manufacturing those devices, | ||||||
2 | firearms, or ammunition, but only with
respect to
activities | ||||||
3 | that are within the lawful scope of that business, such as the
| ||||||
4 | manufacture, transportation, or testing of those devices, | ||||||
5 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
6 | general private possession of any device or
attachment of any | ||||||
7 | kind designed, used, or intended for use in silencing the
| ||||||
8 | report of any firearm, but only such possession and activities | ||||||
9 | as are within
the
lawful scope of a licensed manufacturing | ||||||
10 | business described in this subsection
(g-5). During | ||||||
11 | transportation, those devices shall be detached from any weapon
| ||||||
12 | or
not immediately accessible.
| ||||||
13 | (h) An information or indictment based upon a violation of | ||||||
14 | any
subsection of this Article need not negative any exemptions | ||||||
15 | contained in
this Article. The defendant shall have the burden | ||||||
16 | of proving such an
exemption.
| ||||||
17 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
18 | affect
the transportation, carrying, or possession, of any | ||||||
19 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
20 | to a common carrier operating
under license of the State of | ||||||
21 | Illinois or the federal government, where
such transportation, | ||||||
22 | carrying, or possession is incident to the lawful
| ||||||
23 | transportation in which such common carrier is engaged; and | ||||||
24 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
25 | transportation, carrying,
or possession of any pistol, | ||||||
26 | revolver, stun gun, taser, or other firearm,
not the subject of |
| |||||||
| |||||||
1 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
2 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
3 | carrying box, shipping box, or other container, by the | ||||||
4 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
6 | 95-885, eff. 1-1-09.)
| ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|