State of Illinois
2017 and 2018


Introduced 2/8/2018, by Sen. Antonio Muņoz


225 ILCS 447/35-35

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that an individual who is a former peace officer but continues to perform services in an armed capacity that is a licensed activity under the Act is required to obtain a permanent employee registration card but is not required to obtain a firearm control card if the individual is in compliance with the federal Law Enforcement Officers Safety Act of 2004. Provides that an agency that employs an officer who elects to carry a firearm pursuant to the federal Law Enforcement Officers Safety Act of 2004 shall submit a notice of such election along with a fee to the Department of Financial and Professional Regulation. Effective immediately.

LRB100 18424 XWW 33638 b





SB2642LRB100 18424 XWW 33638 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 35-35 as follows:
7    (225 ILCS 447/35-35)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 35-35. Requirement of a firearm control card.
10    (a) No person shall perform duties that include the use,
11carrying, or possession of a firearm in the performance of
12those duties without complying with the provisions of this
13Section and having been issued a valid firearm control card by
14the Department.
15    (b) No employer shall employ any person to perform the
16duties for which licensure or employee registration is required
17and allow that person to carry a firearm unless that person has
18complied with all the firearm training requirements of this
19Section and has been issued a firearm control card. This Act
20permits only the following to carry firearms while actually
21engaged in the performance of their duties or while commuting
22directly to or from their places of employment: persons
23licensed as private detectives and their registered employees;



SB2642- 2 -LRB100 18424 XWW 33638 b

1persons licensed as private security contractors and their
2registered employees; persons licensed as private alarm
3contractors and their registered employees; and employees of a
4registered armed proprietary security force.
5    (c) Possession of a valid firearm control card allows a
6licensee or employee to carry a firearm not otherwise
7prohibited by law while the licensee or employee is engaged in
8the performance of his or her duties or while the licensee or
9employee is commuting directly to or from the licensee's or
10employee's place or places of employment.
11    (d) The Department shall issue a firearm control card to a
12person who has passed an approved firearm training course, who
13is currently licensed or employed by an agency licensed by this
14Act and has met all the requirements of this Act, and who
15possesses a valid firearm owner identification card.
16Application for the firearm control card shall be made by the
17employer to the Department on forms provided by the Department.
18The Department shall forward the card to the employer who shall
19be responsible for its issuance to the licensee or employee.
20The firearm control card shall be issued by the Department and
21shall identify the person holding it and the name of the course
22where the licensee or employee received firearm instruction and
23shall specify the type of weapon or weapons the person is
24authorized by the Department to carry and for which the person
25has been trained.
26    (e) Expiration and requirements for renewal of firearm



SB2642- 3 -LRB100 18424 XWW 33638 b

1control cards shall be determined by rule.
2    (f) The Department may, in addition to any other
3disciplinary action permitted by this Act, refuse to issue,
4suspend, or revoke a firearm control card if the applicant or
5holder has been convicted of any felony or crime involving the
6illegal use, carrying, or possession of a deadly weapon or for
7a violation of this Act or rules promulgated under this Act.
8The Department shall refuse to issue or shall revoke a firearm
9control card if the applicant or holder fails to possess a
10valid firearm owners identification card without hearing. The
11Secretary shall summarily suspend a firearm control card if the
12Secretary finds that its continued use would constitute an
13imminent danger to the public. A hearing shall be held before
14the Board within 30 days if the Secretary summarily suspends a
15firearm control card.
16    (g) Notwithstanding any other provision of this Act to the
17contrary, all requirements relating to firearms control cards
18do not apply to a peace officer. If an individual ceases to be
19employed as a peace officer and continues to perform services
20in an armed capacity under this Act that are licensed
21activities, then the individual is required to obtain a
22permanent employee registration card pursuant to Section 35-30
23of this Act, but is not required to obtain a firearm control
24card if the individual is otherwise in continuing compliance
25with the federal Law Enforcement Officers Safety Act of 2004.
26If an individual elects to carry a firearm pursuant to the



SB2642- 4 -LRB100 18424 XWW 33638 b

1federal Law Enforcement Officers Safety Act of 2004, then the
2agency employing the officer is required to submit a notice of
3that election to the Department along with a fee specified by
5    (h) The Department may issue a temporary firearm control
6card pending issuance of a new firearm control card upon an
7agency's acquiring of an established armed account. An agency
8that has acquired armed employees as a result of acquiring an
9established armed account may, on forms supplied by the
10Department, request the issuance of a temporary firearm control
11card for each acquired employee who held a valid firearm
12control card under his or her employment with the newly
13acquired established armed account immediately preceding the
14acquiring of the account and who continues to meet all of the
15qualifications for issuance of a firearm control card set forth
16in this Act and any rules adopted under this Act. The
17Department shall, by rule, set the fee for issuance of a
18temporary firearm control card.
19    (i) The Department shall not issue a firearm control card
20to a licensed fingerprint vendor or a licensed locksmith or
21employees of a licensed fingerprint vendor agency or a licensed
22locksmith agency.
23(Source: P.A. 98-253, eff. 8-9-13.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.