HB2627 103RD GENERAL ASSEMBLY

LRB103 25700 AWJ 52049 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2627

Introduced 2/15/2023, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
65 ILCS 5/11-42-9	from Ch. 24, par. 11-42-9
430 ILCS 68/5-20
740 ILCS 130/5 rep.

Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may prohibit any offensive or unwholesome business or establishment or any firearm dealer or any firearm range (rather than any offensive or unwholesome business or establishment) only within the municipality and within the distance of one mile beyond the municipal limits. Amends the Firearm Dealer License Certification Act. Provides that a retail location established after the effective date of the amendatory Act shall not be located within 1,500 feet (rather than 500 feet) of any school, preschool, day care, cemetery, library, public park, forest preserve, public housing, or place of religious worship (rather than any school, preschool, or day care). Amends the Counties Code and further amends the Illinois Municipal Code adding similar restrictions for the location of firearm ranges in counties and municipalities. Limits the concurrent exercise of home rule powers.

A BILL FOR

AN ACT concerning firearms.

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

Section 10. The Counties Code is amended by adding Section 5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Firearm ranges.

(a) As used in this Section:

"Firearm range" means a rifle, pistol, silhouette, skeet, trap, black powder, or other similar range used for discharging firearms in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm.

"Prohibited location" means a school building, preschool building, day care facility building, library building, public housing building, cemetery property, public park property, forest preserve property, or place of religious worship.

(b) Beginning on the effective date of this amendatory Act of the 103rd General Assembly, a firearm range may not be constructed or used within 1,500 feet from the nearest point of a prohibited location measured to the nearest point on the property line of the property where the firearm range is located.

(c) This Section does not apply to a firearm range:

(1) in existence on or before the effective date of this amendatory Act of the 103rd General Assembly, unless the firearm range moves to a different property after the effective date of this amendatory Act of the 103rd General Assembly; or

(2) whose application for a business license or for zoning approval is pending on the effective date of this amendatory Act of the 103rd General Assembly.

This Section does not apply if a prohibited location is established within 1,500 feet from the nearest point on the property line of the property where the firearm range is to be located (i) after the date when the firearm range's application for a business license at that location or application for zoning approval at that location has been submitted, (ii) after the beginning of construction of the firearm range at that location, or (iii) after the owner of the firearm range enters into a contract for the construction of a firearm range at that location.

(d) A home rule county may not regulate firearm ranges in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 15. The Illinois Municipal Code is amended by changing Section 11-42-9 and by adding Section 11-13-28 as follows:

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Firearm ranges.

(a) As used in this Section:

"Firearm range" means a rifle, pistol, silhouette, skeet, trap, black powder, or other similar range used for discharging firearms in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm.

"Prohibited location" means a school building, preschool building, day care facility building, library building, public housing building, cemetery property, public park property, forest preserve property, or place of religious worship.

(b) Beginning on the effective date of this amendatory Act of the 103rd General Assembly, a firearm range may not be constructed or used within 1,500 feet from the nearest point of a prohibited location measured to the nearest point on the property line of the property where the firearm range is located.

(c) This Section does not apply to a firearm range:

(1) in existence on or before the effective date of this amendatory Act of the 103rd General Assembly, unless the firearm range moves to a different property after the effective date of this amendatory Act of the 103rd General Assembly; or

(2) whose application for a business license or for zoning approval is pending on the effective date of this amendatory Act of the 103rd General Assembly.

This Section does not apply if a prohibited location is established within 1,500 feet from the nearest point on the property line of the property where the firearm range is to be located (i) after the date when the firearm range's application for a business license at that location or application for zoning approval at that location has been submitted, (ii) after the beginning of construction of the firearm range at that location, or (iii) after the owner of the firearm range enters into a contract for the construction of a firearm range at that location.

(d) A home rule county may not regulate firearm ranges in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(65 ILCS 5/11-42-9) (from Ch. 24, par. 11-42-9)

Sec. 11-42-9. Prohibitions. The corporate authorities of each municipality may prohibit any offensive or unwholesome business or establishment or any firearm dealer or any firearm range within the municipality and within the distance of one mile beyond the municipal limits.

(Source: Laws 1961, p. 576.)

Section 20. The Firearm Dealer License Certification Act is amended by changing Section 5-20 as follows:

(430 ILCS 68/5-20)

Sec. 5-20. Additional licensee requirements.

(a) A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place. The photo copy shall be attached to the documentation detailing the record of sale.

(b) A certified licensee shall post in a conspicuous position on the premises where the licensee conducts business a sign that contains the following warning in block letters not less than one inch in height:

"With few exceptions enumerated in the Firearm Owners Identification Card Act, it is unlawful for you to:

(A) store or leave an unsecured firearm in a place where a child can obtain access to it;

(B) sell or transfer your firearm to someone else without receiving approval for the transfer from the Illinois State Police, or

(C) fail to report the loss or theft of your firearm to local law enforcement within 72 hours.". This sign shall be created by the Illinois State Police and made available for printing or downloading from the Illinois State Police's website.

(c) No retail location established after the effective date of this amendatory Act of the 103rd General Assembly the effective date of this Act shall be located within 1,500 500 feet of any school, pre-school, or day care facility, cemetery, library, public park, forest preserve, public housing, or place of religious worship in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility, cemetery, library, public park, forest preserve, public housing, or place of religious worship building nearest the retail location at the time the retail location seeks licensure.

(Source: P.A. 102-538, eff. 8-20-21.)

(740 ILCS 130/5 rep.)

Section 25. The Premises Liability Act is amended by repealing Section 5.