Rep. Bob Morgan

Filed: 3/5/2024

 

 


 

 


 
10300HB5178ham001LRB103 36109 RLC 70533 a

1
AMENDMENT TO HOUSE BILL 5178

2    AMENDMENT NO. ______. Amend House Bill 5178 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area
11    under the control of a public or private elementary or
12    secondary school.
13        (2) Any building, real property, and parking area
14    under the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in

 

 

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1    this paragraph shall prevent the operator of a child care
2    facility in a family home from owning or possessing a
3    firearm in the home or license under this Act, if no child
4    under child care at the home is present in the home or the
5    firearm in the home is stored in a locked container when a
6    child under child care at the home is present in the home.
7        (3) Any building, parking area, or portion of a
8    building under the control of an officer of the executive
9    or legislative branch of government, provided that nothing
10    in this paragraph shall prohibit a licensee from carrying
11    a concealed firearm onto the real property, bikeway, or
12    trail in a park regulated by the Department of Natural
13    Resources or any other designated public hunting area or
14    building where firearm possession is permitted as
15    established by the Department of Natural Resources under
16    Section 1.8 of the Wildlife Code.
17        (4) Any building designated for matters before a
18    circuit court, appellate court, or the Supreme Court, or
19    any building or portion of a building under the control of
20    the Supreme Court.
21        (5) Any building or portion of a building under the
22    control of a unit of local government.
23        (6) Any building, real property, and parking area
24    under the control of an adult or juvenile detention or
25    correctional institution, prison, or jail.
26        (7) Any building, real property, and parking area

 

 

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1    under the control of a public or private hospital or
2    hospital affiliate, mental health facility, or nursing
3    home.
4        (8) Any bus, train, or form of transportation paid for
5    in whole or in part with public funds, and any building,
6    real property, and parking area under the control of a
7    public transportation facility paid for in whole or in
8    part with public funds.
9        (9) Any building, real property, and parking area
10    under the control of an establishment that serves alcohol
11    on its premises, if more than 50% of the establishment's
12    gross receipts within the prior 3 months is from the sale
13    of alcohol. The owner of an establishment who knowingly
14    fails to prohibit concealed firearms on its premises as
15    provided in this paragraph or who knowingly makes a false
16    statement or record to avoid the prohibition on concealed
17    firearms under this paragraph is subject to the penalty
18    under subsection (c-5) of Section 10-1 of the Liquor
19    Control Act of 1934.
20        (10) Any public gathering or special event conducted
21    on property open to the public that requires the issuance
22    of a permit from the unit of local government, provided
23    this prohibition shall not apply to a licensee who must
24    walk through a public gathering in order to access his or
25    her residence, place of business, or vehicle.
26        (11) Any building or real property that has been

 

 

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1    issued a Special Event Retailer's license as defined in
2    Section 1-3.17.1 of the Liquor Control Act during the time
3    designated for the sale of alcohol by the Special Event
4    Retailer's license, or a Special use permit license as
5    defined in subsection (q) of Section 5-1 of the Liquor
6    Control Act during the time designated for the sale of
7    alcohol by the Special use permit license.
8        (12) Any public playground.
9        (13) Any public park, athletic area, or athletic
10    facility under the control of a municipality or park
11    district, provided nothing in this Section shall prohibit
12    a licensee from carrying a concealed firearm while on a
13    trail or bikeway if only a portion of the trail or bikeway
14    includes a public park.
15        (14) Any real property under the control of the Cook
16    County Forest Preserve District.
17        (15) Any building, classroom, laboratory, medical
18    clinic, hospital, artistic venue, athletic venue,
19    entertainment venue, officially recognized
20    university-related organization property, whether owned or
21    leased, and any real property, including parking areas,
22    sidewalks, and common areas under the control of a public
23    or private community college, college, or university.
24        (16) Any building, real property, or parking area
25    under the control of a gaming facility licensed under the
26    Illinois Gambling Act or the Illinois Horse Racing Act of

 

 

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1    1975, including an inter-track wagering location licensee.
2        (17) Any stadium, arena, or the real property or
3    parking area under the control of a stadium, arena, or any
4    collegiate or professional sporting event.
5        (18) Any building, real property, or parking area
6    under the control of a public library.
7        (19) Any building, real property, or parking area
8    under the control of an airport.
9        (20) Any building, real property, or parking area
10    under the control of an amusement park.
11        (21) Any building, real property, or parking area
12    under the control of a zoo or museum.
13        (22) Any street, driveway, parking area, property,
14    building, or facility, owned, leased, controlled, or used
15    by a nuclear energy, storage, weapons, or development site
16    or facility regulated by the federal Nuclear Regulatory
17    Commission. The licensee shall not under any circumstance
18    store a firearm or ammunition in his or her vehicle or in a
19    compartment or container within a vehicle located anywhere
20    in or on the street, driveway, parking area, property,
21    building, or facility described in this paragraph.
22        (23) Any area where firearms are prohibited under
23    federal law.
24        (24) Any building, real property, or parking area of a
25    polling place holding an election authorized under the
26    Election Code.

 

 

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1    (a-5) Nothing in this Act shall prohibit a public or
2private community college, college, or university from:
3        (1) prohibiting persons from carrying a firearm within
4    a vehicle owned, leased, or controlled by the college or
5    university;
6        (2) developing resolutions, regulations, or policies
7    regarding student, employee, or visitor misconduct and
8    discipline, including suspension and expulsion;
9        (3) developing resolutions, regulations, or policies
10    regarding the storage or maintenance of firearms, which
11    must include designated areas where persons can park
12    vehicles that carry firearms; and
13        (4) permitting the carrying or use of firearms for the
14    purpose of instruction and curriculum of officially
15    recognized programs, including but not limited to military
16    science and law enforcement training programs, or in any
17    designated area used for hunting purposes or target
18    shooting.
19    (a-10) The owner of private real property of any type may
20prohibit the carrying of concealed firearms on the property
21under his or her control. The owner must post a sign in
22accordance with subsection (d) of this Section indicating that
23firearms are prohibited on the property, unless the property
24is a private residence.
25    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
26this Section except under paragraph (22) or (23) of subsection

 

 

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1(a), any licensee prohibited from carrying a concealed firearm
2into the parking area of a prohibited location specified in
3subsection (a), (a-5), or (a-10) of this Section shall be
4permitted to carry a concealed firearm on or about his or her
5person within a vehicle into the parking area and may store a
6firearm or ammunition concealed in a case within a locked
7vehicle or locked container out of plain view within the
8vehicle in the parking area. A licensee may carry a concealed
9firearm in the immediate area surrounding his or her vehicle
10within a prohibited parking lot area only for the limited
11purpose of storing or retrieving a firearm within the
12vehicle's trunk. For purposes of this subsection, "case"
13includes a glove compartment or console that completely
14encloses the concealed firearm or ammunition, the trunk of the
15vehicle, or a firearm carrying box, shipping box, or other
16container.
17    (c) A licensee shall not be in violation of this Section
18while he or she is traveling along a public right of way that
19touches or crosses any of the premises under subsection (a),
20(a-5), or (a-10) of this Section if the concealed firearm is
21carried on his or her person in accordance with the provisions
22of this Act or is being transported in a vehicle by the
23licensee in accordance with all other applicable provisions of
24law.
25    (d) Signs stating that the carrying of firearms is
26prohibited shall be clearly and conspicuously posted at the

 

 

10300HB5178ham001- 8 -LRB103 36109 RLC 70533 a

1entrance of a building, premises, or real property specified
2in this Section as a prohibited area, unless the building or
3premises is a private residence. Signs shall be of a uniform
4design as established by the Illinois State Police and shall
5be 4 inches by 6 inches in size. The Illinois State Police
6shall adopt rules for standardized signs to be used under this
7subsection.
8(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)".