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1 | AN ACT concerning safety. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The Firearm Concealed Carry Act is amended by | |||||||||||||||||||||
5 | changing Sections 5 and 65 as follows: | |||||||||||||||||||||
6 | (430 ILCS 66/5) | |||||||||||||||||||||
7 | Sec. 5. Definitions. As used in this Act: | |||||||||||||||||||||
8 | "Applicant" means a person who is applying for a license | |||||||||||||||||||||
9 | to carry a concealed firearm under this Act. | |||||||||||||||||||||
10 | "Board" means the Concealed Carry Licensing Review Board. | |||||||||||||||||||||
11 | "Concealed firearm" means a loaded or unloaded handgun | |||||||||||||||||||||
12 | carried on or about a person completely or mostly concealed | |||||||||||||||||||||
13 | from view of the public or on or about a person within a | |||||||||||||||||||||
14 | vehicle. | |||||||||||||||||||||
15 | "Director" means the Director of the Illinois State | |||||||||||||||||||||
16 | Police. | |||||||||||||||||||||
17 | "Grounds" means any area that is within 75 feet from the | |||||||||||||||||||||
18 | entrance to any prohibited area on real property belonging to | |||||||||||||||||||||
19 | a forest preserve district, as identified in subsection (a-6) | |||||||||||||||||||||
20 | of Section 65, or any area enclosed by fencing located on real | |||||||||||||||||||||
21 | property belonging to a forest preserve district, whichever | |||||||||||||||||||||
22 | area is greater. "Grounds" does not include parking lots. | |||||||||||||||||||||
23 | "Handgun" means any device which is designed to expel a |
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1 | projectile or projectiles by the action of an explosion, | ||||||
2 | expansion of gas, or escape of gas that is designed to be held | ||||||
3 | and fired by the use of a single hand. "Handgun" does not | ||||||
4 | include: | ||||||
5 | (1) a stun gun or taser; | ||||||
6 | (2) a machine gun as defined in item (i) of paragraph | ||||||
7 | (7) of subsection (a) of Section 24-1 of the Criminal Code | ||||||
8 | of 2012; | ||||||
9 | (3) a short-barreled rifle or shotgun as defined in | ||||||
10 | item (ii) of paragraph (7) of subsection (a) of Section | ||||||
11 | 24-1 of the Criminal Code of 2012; or | ||||||
12 | (4) any pneumatic gun, spring gun, paint ball gun, or | ||||||
13 | B-B gun which expels a single globular projectile not | ||||||
14 | exceeding .18 inch in diameter, or which has a maximum | ||||||
15 | muzzle velocity of less than 700 feet per second, or which | ||||||
16 | expels breakable paint balls containing washable marking | ||||||
17 | colors. | ||||||
18 | "Law enforcement agency" means any federal, State, or | ||||||
19 | local law enforcement agency, including offices of State's | ||||||
20 | Attorneys and the Office of the Attorney General. | ||||||
21 | "License" means a license issued by the Illinois State | ||||||
22 | Police to carry a concealed handgun. | ||||||
23 | "Licensee" means a person issued a license to carry a | ||||||
24 | concealed handgun. | ||||||
25 | "Municipality" has the meaning ascribed to it in Section 1 | ||||||
26 | of Article VII of the Illinois Constitution. |
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1 | "Unit of local government" has the meaning ascribed to it | ||||||
2 | in Section 1 of Article VII of the Illinois Constitution. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
4 | (430 ILCS 66/65) | ||||||
5 | Sec. 65. Prohibited areas. | ||||||
6 | (a) A licensee under this Act shall not knowingly carry a | ||||||
7 | firearm on or into: | ||||||
8 | (1) Any building, real property, and parking area | ||||||
9 | under the control of a public or private elementary or | ||||||
10 | secondary school. | ||||||
11 | (2) Any building, real property, and parking area | ||||||
12 | under the control of a pre-school or child care facility, | ||||||
13 | including any room or portion of a building under the | ||||||
14 | control of a pre-school or child care facility. Nothing in | ||||||
15 | this paragraph shall prevent the operator of a child care | ||||||
16 | facility in a family home from owning or possessing a | ||||||
17 | firearm in the home or license under this Act, if no child | ||||||
18 | under child care at the home is present in the home or the | ||||||
19 | firearm in the home is stored in a locked container when a | ||||||
20 | child under child care at the home is present in the home. | ||||||
21 | (3) Any building, parking area, or portion of a | ||||||
22 | building under the control of an officer of the executive | ||||||
23 | or legislative branch of government, provided that nothing | ||||||
24 | in this paragraph shall prohibit a licensee from carrying | ||||||
25 | a concealed firearm onto the real property, bikeway, or |
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1 | trail in a park regulated by the Department of Natural | ||||||
2 | Resources or any other designated public hunting area or | ||||||
3 | building where firearm possession is permitted as | ||||||
4 | established by the Department of Natural Resources under | ||||||
5 | Section 1.8 of the Wildlife Code. | ||||||
6 | (4) Any building designated for matters before a | ||||||
7 | circuit court, appellate court, or the Supreme Court, or | ||||||
8 | any building or portion of a building under the control of | ||||||
9 | the Supreme Court. | ||||||
10 | (5) Any building or portion of a building under the | ||||||
11 | control of a unit of local government. | ||||||
12 | (6) Any building, real property, and parking area | ||||||
13 | under the control of an adult or juvenile detention or | ||||||
14 | correctional institution, prison, or jail. | ||||||
15 | (7) Any building, real property, and parking area | ||||||
16 | under the control of a public or private hospital or | ||||||
17 | hospital affiliate, mental health facility, or nursing | ||||||
18 | home. | ||||||
19 | (8) Any bus, train, or form of transportation paid for | ||||||
20 | in whole or in part with public funds, and any building, | ||||||
21 | real property, and parking area under the control of a | ||||||
22 | public transportation facility paid for in whole or in | ||||||
23 | part with public funds. | ||||||
24 | (9) Any building, real property, and parking area | ||||||
25 | under the control of an establishment that serves alcohol | ||||||
26 | on its premises, if more than 50% of the establishment's |
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1 | gross receipts within the prior 3 months is from the sale | ||||||
2 | of alcohol. The owner of an establishment who knowingly | ||||||
3 | fails to prohibit concealed firearms on its premises as | ||||||
4 | provided in this paragraph or who knowingly makes a false | ||||||
5 | statement or record to avoid the prohibition on concealed | ||||||
6 | firearms under this paragraph is subject to the penalty | ||||||
7 | under subsection (c-5) of Section 10-1 of the Liquor | ||||||
8 | Control Act of 1934. | ||||||
9 | (10) Any public gathering or special event conducted | ||||||
10 | on property open to the public that requires the issuance | ||||||
11 | of a permit from the unit of local government, provided | ||||||
12 | this prohibition shall not apply to a licensee who must | ||||||
13 | walk through a public gathering in order to access his or | ||||||
14 | her residence, place of business, or vehicle. | ||||||
15 | (11) Any building or real property that has been | ||||||
16 | issued a Special Event Retailer's license as defined in | ||||||
17 | Section 1-3.17.1 of the Liquor Control Act during the time | ||||||
18 | designated for the sale of alcohol by the Special Event | ||||||
19 | Retailer's license, or a Special use permit license as | ||||||
20 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
21 | Control Act during the time designated for the sale of | ||||||
22 | alcohol by the Special use permit license. | ||||||
23 | (12) Any public playground. | ||||||
24 | (13) Any public park, athletic area, or athletic | ||||||
25 | facility under the control of a municipality or park | ||||||
26 | district, provided nothing in this Section shall prohibit |
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1 | a licensee from carrying a concealed firearm while on a | ||||||
2 | trail or bikeway if only a portion of the trail or bikeway | ||||||
3 | includes a public park. | ||||||
4 | (14) (Blank). Any real property under the control of | ||||||
5 | the Cook County Forest Preserve District. | ||||||
6 | (15) Any building, classroom, laboratory, medical | ||||||
7 | clinic, hospital, artistic venue, athletic venue, | ||||||
8 | entertainment venue, officially recognized | ||||||
9 | university-related organization property, whether owned or | ||||||
10 | leased, and any real property, including parking areas, | ||||||
11 | sidewalks, and common areas under the control of a public | ||||||
12 | or private community college, college, or university. | ||||||
13 | (16) Any building, real property, or parking area | ||||||
14 | under the control of a gaming facility licensed under the | ||||||
15 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
16 | 1975, including an inter-track wagering location licensee. | ||||||
17 | (17) Any stadium, arena, or the real property or | ||||||
18 | parking area under the control of a stadium, arena, or any | ||||||
19 | collegiate or professional sporting event. | ||||||
20 | (18) Any building, real property, or parking area | ||||||
21 | under the control of a public library. | ||||||
22 | (19) Any building, real property, or parking area | ||||||
23 | under the control of an airport. | ||||||
24 | (20) Any building, real property, or parking area | ||||||
25 | under the control of an amusement park. | ||||||
26 | (21) Any building, real property, or parking area |
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1 | under the control of a zoo or museum. | ||||||
2 | (22) Any street, driveway, parking area, property, | ||||||
3 | building, or facility, owned, leased, controlled, or used | ||||||
4 | by a nuclear energy, storage, weapons, or development site | ||||||
5 | or facility regulated by the federal Nuclear Regulatory | ||||||
6 | Commission. The licensee shall not under any circumstance | ||||||
7 | store a firearm or ammunition in his or her vehicle or in a | ||||||
8 | compartment or container within a vehicle located anywhere | ||||||
9 | in or on the street, driveway, parking area, property, | ||||||
10 | building, or facility described in this paragraph. | ||||||
11 | (23) Any area where firearms are prohibited under | ||||||
12 | federal law. | ||||||
13 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
14 | private community college, college, or university from: | ||||||
15 | (1) prohibiting persons from carrying a firearm within | ||||||
16 | a vehicle owned, leased, or controlled by the college or | ||||||
17 | university; | ||||||
18 | (2) developing resolutions, regulations, or policies | ||||||
19 | regarding student, employee, or visitor misconduct and | ||||||
20 | discipline, including suspension and expulsion; | ||||||
21 | (3) developing resolutions, regulations, or policies | ||||||
22 | regarding the storage or maintenance of firearms, which | ||||||
23 | must include designated areas where persons can park | ||||||
24 | vehicles that carry firearms; and | ||||||
25 | (4) permitting the carrying or use of firearms for the | ||||||
26 | purpose of instruction and curriculum of officially |
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1 | recognized programs, including but not limited to military | ||||||
2 | science and law enforcement training programs, or in any | ||||||
3 | designated area used for hunting purposes or target | ||||||
4 | shooting. | ||||||
5 | (a-6) Nothing in this Act prohibits a forest preserve | ||||||
6 | district from prohibiting persons from carrying a firearm into | ||||||
7 | any botanic garden, swimming pool, grounds of a swimming pool, | ||||||
8 | athletic venue, picnic grove, nature center, grounds of a | ||||||
9 | nature center, pavilion, grounds of a pavilion, golf course, | ||||||
10 | driving range, adventure course, grounds of an adventure | ||||||
11 | course, zipline building, grounds of a zipline, equestrian | ||||||
12 | center, grounds of an equestrian center, exercise venue, | ||||||
13 | grounds of an exercise venue, or any public or private | ||||||
14 | gathering or special event conducted on property that requires | ||||||
15 | the issuance of a permit. | ||||||
16 | (a-10) The owner of private real property of any type may | ||||||
17 | prohibit the carrying of concealed firearms on the property | ||||||
18 | under his or her control. The owner must post a sign in | ||||||
19 | accordance with subsection (d) of this Section indicating that | ||||||
20 | firearms are prohibited on the property, unless the property | ||||||
21 | is a private residence. | ||||||
22 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
23 | this Section except under paragraph (22) or (23) of subsection | ||||||
24 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
25 | into the parking area of a prohibited location specified in | ||||||
26 | subsection (a), (a-5), or (a-10) of this Section shall be |
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1 | permitted to carry a concealed firearm on or about his or her | ||||||
2 | person within a vehicle into the parking area and may store a | ||||||
3 | firearm or ammunition concealed in a case within a locked | ||||||
4 | vehicle or locked container out of plain view within the | ||||||
5 | vehicle in the parking area. A licensee may carry a concealed | ||||||
6 | firearm in the immediate area surrounding his or her vehicle | ||||||
7 | within a prohibited parking lot area only for the limited | ||||||
8 | purpose of storing or retrieving a firearm within the | ||||||
9 | vehicle's trunk. For purposes of this subsection, "case" | ||||||
10 | includes a glove compartment or console that completely | ||||||
11 | encloses the concealed firearm or ammunition, the trunk of the | ||||||
12 | vehicle, or a firearm carrying box, shipping box, or other | ||||||
13 | container. | ||||||
14 | (c) A licensee shall not be in violation of this Section | ||||||
15 | while he or she is traveling along a public right of way that | ||||||
16 | touches or crosses any of the premises under subsection (a), | ||||||
17 | (a-5), (a-6), or (a-10) of this Section if the concealed | ||||||
18 | firearm is carried on his or her person in accordance with the | ||||||
19 | provisions of this Act or is being transported in a vehicle by | ||||||
20 | the licensee in accordance with all other applicable | ||||||
21 | provisions of law. | ||||||
22 | (d) Signs stating that the carrying of firearms is | ||||||
23 | prohibited shall be clearly and conspicuously posted at the | ||||||
24 | entrance of a building, premises, or real property specified | ||||||
25 | in this Section as a prohibited area, unless the building , or | ||||||
26 | premises , or real property is a private residence or a forest |
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1 | preserve district . Signs shall be of a uniform design as | ||||||
2 | established by the Illinois State Police and shall be 4 inches | ||||||
3 | by 6 inches in size. The Illinois State Police shall adopt | ||||||
4 | rules for standardized signs to be used under this subsection. | ||||||
5 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.) |