HB6225 97TH GENERAL ASSEMBLY

LRB097 22660 RLC 71442 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6225

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-11 new

Amends the Criminal Code of 1961. Provides that it is an affirmative defense to a violation of the unlawful use of weapons statute or the aggravated unlawful use of a weapon statute relating to the unlawful carrying or possession of a firearm in a vehicle or concealed on or about one's person if, at the time of the violation, the individual who is charged with the violation: (1) possessed a valid Firearm Owner's Identification Card, and had successfully completed a gun safety course approved by the Department of State Police that meets specified statutory requirements or (2) possessed a valid concealed carry license or permit issued by another state. Establishes the requirements for the gun safety courses and the qualifications of instructors. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by by adding Section 24-11 as follows:

(720 ILCS 5/24-11 new)

Sec. 24-11. Affirmative defense to unlawful and aggravated unlawful use of weapons provisions; concealed carry license or permit issued by another state and firearms training by State residents.

(a) It is an affirmative defense to a violation of subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of this Code if, at the time of the violation, the individual who is charged with the violation:

(1) possessed a valid Firearm Owner's Identification Card, and had successfully completed a gun safety course approved by the Department of State Police that meets the requirements described in subsections (b) through (l) of this Section; or

(2) possessed a valid concealed carry license or permit issued by another state.

(b) A person asserting the affirmative defense described in paragraph (1) of subsection (a) of this Section shall, at or prior to trial, provide to the court proof of completion of at least one of the following courses:

(1) NRA Basic Personal Protection In The Home Course;

(2) NRA Basics of Personal Protection Outside The Home Course;

(3) NRA Basic Pistol Shooting Course; or

(4) any other firearms training course of at least 4 hours duration that covers the following:

(A) handgun safety in the classroom, at home, on the firing range, and while carrying the firearm;

(B) the basic principles of marksmanship;

(C) care and cleaning of handguns; and

(D) laws relating to the justifiable use of force.

(c) A person asserting the affirmative defense provided in paragraph (1) of subsection (a) of this Section shall, at or prior to trial, provide to the court proof of certification by a certified firearms instructor that the person passed a live fire exercise with a handgun consisting of:

(1) a minimum of 30 rounds; and

(2) 20 rounds from a distance of 7 yards and 10 rounds from a distance of 15 yards at a B-21 silhouette or equivalent target as approved by the Department of State Police.

(d) Students shall provide their own safe, functional handgun and factory-loaded ammunition.

(e) Grades of "passing" shall not be given on range work to a person who:

(1) does not follow the orders of the certified firearms instructor;

(2) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the person or to others; or

(3) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the 30 rounds fired.

(f) The classroom portion of the course may, at the certified firearms instructor's discretion, be divided into segments of not less than 2 hours each.

(g) Training courses shall not be open to anyone under the age of 16 and no certificate of completion shall be issued to persons less than 21 years of age.

(h) Certified firearms instructors shall maintain all records for students' performance for not less than 5 years.

(i) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make all course records available upon demand to authorized personnel of the Department of State Police; and

(3) not divulge course records except as authorized by the certifying agency.

(j) Fees for the course shall be set by the certified firearms instructor.

(k) A course shall not have more than 40 students in the classroom portion nor more than 5 students per range officer engaged in range firing. For the purposes of this subsection (k), "range officer" means a person who is in charge of all or part of a firearms range and supervises firing on the range.

(l) Persons with the following training or certifications are exempt from the requirements of subsection (b):

(1) an NRA certified instructor;

(2) an individual who has qualified to carry a firearm as a retired law enforcement officer;

(3) an active, retired, or honorably discharged member of the armed forces who held a combat-related military occupation specialty (MOS); or

(4) an individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.

(m) Not later than 30 days after the effective date of this amendatory Act of the 97th General Assembly, the Department of State Police shall establish a registry of certified firearms instructors who are eligible to teach courses or sign off on range qualifications, or both, to meet the requirements of subsections (b) through (l).

(n) Certified firearms instructors shall be eligible to teach courses and to certify range qualifications if they have one of the following valid firearms instructor certifications:

(1) National Rifle Association Personal Protection Instructor;

(2) National Rifle Association Pistol Marksmanship Instructor;

(3) National Rifle Association Law Enforcement Firearm Instructor with a certification for handguns;

(4) certification from a firearms instructor's course offered by a State or federal governmental agency; or

(5) a similar firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.

(o) Certified firearms instructors who are eligible to teach courses and certify range qualifications shall be at least 21 years of age and possess at least a high school diploma or GED certificate.

(p) A certified firearms instructor may have his or her eligibility to teach courses or to certify range qualifications revoked if the person:

(1) does not meet the requirements of subsections (n) and (o);

(2) provides false or misleading information to the Illinois Law Enforcement Training Standards Board or other certifying organization; or

(3) has had a prior instructor qualification revoked by the Illinois Law Enforcement Training Standards Board or other certifying organization.

(q) A person asserting the affirmative defense described in paragraph (2) of subsection (a) shall, at or prior to trial, provide to the court a copy of his or her concealed carry license or permit issued in another state.

Section 99. Effective date. This Act takes effect upon becoming law.