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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Family | ||||||
5 | and Personal Protection Act. | ||||||
6 | Section 10. Definitions. As used in this Act: | ||||||
7 | "Concealed firearm" means a loaded or unloaded handgun | ||||||
8 | carried on or about a person completely or mostly concealed | ||||||
9 | from view of the public, or carried in a vehicle in such a way | ||||||
10 | as it is concealed from view of the public. | ||||||
11 | "Department" means the Department of State Police. | ||||||
12 | "Director" means the Director of State Police. | ||||||
13 | "Fund" means the Citizen Safety and Self-Defense Trust | ||||||
14 | Fund. | ||||||
15 | "Handgun" means any device which is designed to expel a | ||||||
16 | projectile or projectiles by the action of an explosion, | ||||||
17 | expansion of gas, or escape of gas that is designed to be held | ||||||
18 | and fired by the use of a single hand, and includes a | ||||||
19 | combination of parts from which such a firearm can be | ||||||
20 | assembled. "Handgun" does not include a stun gun or taser. | ||||||
21 | "License" means a license issued by the Department of State | ||||||
22 | Police to carry a loaded or unloaded concealed firearm. | ||||||
23 | "Licensee" means a person issued a license to carry a |
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1 | concealed firearm. | ||||||
2 | "Peace officer" means (i) any person who by virtue of his | ||||||
3 | or her office or public employment is vested by law with a duty | ||||||
4 | to maintain public order or to make arrests for offenses, | ||||||
5 | whether that duty extends to all offenses or is limited to | ||||||
6 | specific offenses, or (ii) any person who, by statute, is | ||||||
7 | granted and authorized to exercise powers similar to those | ||||||
8 | conferred upon any peace officer employed by a law enforcement | ||||||
9 | agency of this State.
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10 | Section 15. Citizen Safety and Self-Defense Trust Fund.
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11 | Fees from applications for licenses shall be deposited into the | ||||||
12 | Citizen Safety and Self-Defense Trust Fund, a special fund that | ||||||
13 | is created in the State treasury. Moneys in the Fund may be | ||||||
14 | invested and any income from investments shall be deposited | ||||||
15 | into the Fund. Subject to appropriation, moneys in the Fund | ||||||
16 | shall exclusively be used to assist the Department with the | ||||||
17 | administrative costs associated with this Act.
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18 | Section 20. Issuance of licenses to carry a concealed | ||||||
19 | firearm.
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20 | (a) The Department shall issue a license to an applicant | ||||||
21 | who (i) meets the qualifications of Section 25; (ii) has | ||||||
22 | provided the application and documentation required in Section | ||||||
23 | 30; and (iii) has submitted the requisite fees. The Department | ||||||
24 | shall issue a renewal, corrected, or duplicate license in |
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1 | accordance with this Act. | ||||||
2 | (a-5) A licensee shall possess a license at all times the | ||||||
3 | licensee carries a concealed firearm except (i) if the person | ||||||
4 | is carrying or possessing a concealed firearm and the person is | ||||||
5 | on his or her land or in his or her abode or legal dwelling or | ||||||
6 | in the abode or legal dwelling of another person as an invitee | ||||||
7 | with that person's permission; (ii) if the person is authorized | ||||||
8 | to carry a firearm under Section 24-2 of the Criminal Code of | ||||||
9 | 1961; or (iii) the handgun is broken down in a non-functioning | ||||||
10 | state, is not immediately accessible, or is enclosed in a case, | ||||||
11 | firearm carrying box, shipping box, or other container.
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12 | (a-10) A licensee shall display the license upon the | ||||||
13 | request of a peace officer or person designated to enforce the | ||||||
14 | provisions of Section 70.
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15 | (b) The Department shall make applications for a license | ||||||
16 | available no later than 180 days after the effective date of | ||||||
17 | this Act. Applications shall be available at Department | ||||||
18 | locations, sheriff offices, on the Department's official | ||||||
19 | website, and any other location designated by the Department. | ||||||
20 | (c) A completed application for a license shall be | ||||||
21 | submitted to the office of the sheriff of the county in which | ||||||
22 | the applicant resides with all accompanying materials and fees. | ||||||
23 | The sheriff shall review the application and submit a completed | ||||||
24 | application, all accompanying materials, and the application | ||||||
25 | fee to the
Department within 30 days of receipt. The sheriff | ||||||
26 | shall promptly return an incomplete application to the |
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1 | applicant. Each
applicant for a license shall submit a $100 | ||||||
2 | application fee, of which $25 shall be retained by the sheriff | ||||||
3 | for expenses
related to receiving and reviewing applications, | ||||||
4 | and $75 shall be submitted to the Department and deposited into | ||||||
5 | the
Citizen Safety and Self Defense Trust Fund.
The sheriff may | ||||||
6 | require an applicant submit the fee in 2 portions: (1) $25 | ||||||
7 | payable to the sheriff, and (2) $75 payable
to the Department. | ||||||
8 | (d) A sheriff may submit an objection to an application, | ||||||
9 | provided the objection is in writing, includes specific reasons | ||||||
10 | for the objection, and is submitted with the application. Upon | ||||||
11 | request of a municipal law enforcement agency, the sheriff | ||||||
12 | shall notify the department of the name, address, and date of | ||||||
13 | birth of any person submitting an application for a license. | ||||||
14 | The municipal police department may submit to the sheriff | ||||||
15 | information deemed to be relevant to the application, and the | ||||||
16 | sheriff may consider such information when determining whether | ||||||
17 | to submit an objection. Any objection submitted by a sheriff, | ||||||
18 | including reports submitted to a sheriff by a municipal law | ||||||
19 | enforcement agency, must be disclosed to the applicant unless | ||||||
20 | disclosure would interfere with a criminal investigation, or as | ||||||
21 | determined by the Department, disclosure may threaten the | ||||||
22 | safety or welfare of the sheriff or local law enforcement | ||||||
23 | agency. | ||||||
24 | (e) Notwithstanding subsection (a), the Department may | ||||||
25 | consider any objection or recommendation made by the sheriff | ||||||
26 | and may determine the applicant is ineligible based solely on |
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1 | those objections. If the applicant is found by the Department | ||||||
2 | to be ineligible, the Department shall deny the application and | ||||||
3 | notify the applicant and the sheriff in writing, stating the | ||||||
4 | grounds for denial. The notice of denial must inform the | ||||||
5 | applicant that he or she may, within 30 days, appeal the denial | ||||||
6 | and submit additional materials relevant to the grounds for | ||||||
7 | denial. Upon receiving any additional documentation, the | ||||||
8 | Department shall reconsider its decision and inform the | ||||||
9 | applicant within 30 days of the result of the reconsideration. | ||||||
10 | If upon reconsideration the Department denies the application, | ||||||
11 | the applicant must be informed of the right to administrative | ||||||
12 | review.
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13 | (f) The license shall be issued by the Department within 45 | ||||||
14 | days of receipt of a completed application from a sheriff. A | ||||||
15 | license shall be valid throughout the State for a period of 5 | ||||||
16 | years. | ||||||
17 | (g) The Department shall promulgate rules to implement the | ||||||
18 | provisions of this Section.
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19 | Section 25. Qualifications of an applicant for a license. | ||||||
20 | The Department shall issue a license to an applicant completing | ||||||
21 | an application in accordance with Section 30 of this Act if the | ||||||
22 | person: | ||||||
23 | (a) is at least 21 years of age; | ||||||
24 | (b) has a valid Firearm Owner's Identification Card, or | ||||||
25 | if applying for a non-resident license, has a notarized |
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1 | document stating the applicant is eligible under federal | ||||||
2 | law and the laws of his or her home state to own a handgun; | ||||||
3 | (c) resides within the State of Illinois or resides in | ||||||
4 | another state and requests a license under Section 65; | ||||||
5 | (d) has not been convicted in Illinois or any other | ||||||
6 | state of (i) a felony, (ii) a misdemeanor involving the use | ||||||
7 | or threat of
physical force or violence to any person | ||||||
8 | within the 10 years preceding the date of the application, | ||||||
9 | or (iii) a misdemeanor
involving the use, possession, or | ||||||
10 | distribution of a controlled substance or cannabis within | ||||||
11 | the 10 years preceding the
date of the application; | ||||||
12 | (e) has not been a patient in a mental institution | ||||||
13 | within the past 5 years, has not been adjudicated as having | ||||||
14 | a mental defect, or is not mentally retarded; | ||||||
15 | (f) is not free on any form of bond or pretrial | ||||||
16 | release, other than for a traffic offense or other | ||||||
17 | disqualifying act, and has
no outstanding warrants in | ||||||
18 | Illinois or any other state; | ||||||
19 | (g) does not chronically and habitually abuse | ||||||
20 | alcoholic beverages as evidenced by the applicant having 2 | ||||||
21 | or more convictions for violating Section 11-501 of the | ||||||
22 | Illinois Vehicle Code or similar provision of a local | ||||||
23 | ordinance within 5 years preceding the date of the | ||||||
24 | application, or if the applicant has elected treatment | ||||||
25 | under the supervision of a licensed program in accordance | ||||||
26 | with the Alcoholism and Other Drug Abuse and Dependency Act |
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1 | or similar laws of any other state, within 5 years | ||||||
2 | preceding the date of the application; and | ||||||
3 | (h) has completed firearms training and any | ||||||
4 | educational component required in Section 85 of this Act.
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5 | Section 30. Contents of application.
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6 | (a) The application shall be in writing, under oath and | ||||||
7 | penalty of perjury, on a standard form promulgated by the | ||||||
8 | Department and shall be accompanied by the documentation | ||||||
9 | required in this Section and all applicable fees. | ||||||
10 | (b) The application shall contain the following | ||||||
11 | information: | ||||||
12 | (i) the applicant's name, current address, gender, | ||||||
13 | date and year of birth, place of birth, height, weight, | ||||||
14 | hair color, eye
color, maiden name or any other name the | ||||||
15 | applicant has used or identified with, and any address at | ||||||
16 | which the applicant
resided for more than 30 days within | ||||||
17 | the 5 years preceding the date of the application; | ||||||
18 | (ii) the applicant's driver's license or state | ||||||
19 | identification card number and the last 4 digits of the | ||||||
20 | applicant's social
security number; | ||||||
21 | (iii) questions to certify or demonstrate the | ||||||
22 | applicant has completed firearms training and any | ||||||
23 | educational component required in Section 85 of this Act; | ||||||
24 | (iv) a statement that the applicant is a resident of | ||||||
25 | the State of Illinois, except persons applying under |
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1 | Section 65 shall be instructed to submit the information | ||||||
2 | required in that Section; | ||||||
3 | (v) a waiver of privacy and confidentiality rights and | ||||||
4 | privileges enjoyed by the applicant under all federal and | ||||||
5 | State laws, including those governing access to juvenile | ||||||
6 | court, criminal justice, psychological or psychiatric | ||||||
7 | records, or records relating to the applicant's history of | ||||||
8 | institutionalization, and an affirmative request that any | ||||||
9 | person having custody of any such record provide it or | ||||||
10 | information concerning it to the Department; | ||||||
11 | (vi) a conspicuous warning that false statements made | ||||||
12 | by the applicant will result in prosecution for perjury in | ||||||
13 | accordance with Section 32-2 of the Criminal Code of 1961; | ||||||
14 | (vii) an affirmation that the applicant either | ||||||
15 | possesses a currently valid Illinois Firearm Owner's | ||||||
16 | Identification Card, in which case the application shall | ||||||
17 | include the card number, or is applying for the card in | ||||||
18 | conjunction with the application for a license, except | ||||||
19 | persons applying under Section 65 shall be instructed to | ||||||
20 | submit a copy of a valid license to carry a handgun issued | ||||||
21 | by their home state, if applicable, or submit a notarized | ||||||
22 | document stating the applicant is eligible under the laws | ||||||
23 | of his or her home state to possess a handgun; and | ||||||
24 | (viii) an affirmation that the applicant has never been | ||||||
25 | convicted in Illinois or any other state of (i) a felony, | ||||||
26 | (ii) a
misdemeanor involving the use or threat of physical |
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1 | force or violence to any person within the 10 years | ||||||
2 | preceding the
date of the application, or (iii) a | ||||||
3 | misdemeanor involving the use, possession, or distribution | ||||||
4 | of a controlled substance or
cannabis within the 10 years | ||||||
5 | preceding the date of the application. | ||||||
6 | (c) A person applying for a license shall provide a head | ||||||
7 | and shoulder color photograph in a size specified by the | ||||||
8 | Department that was taken within the 30
days preceding the date | ||||||
9 | of the application. The applicant shall consent to the | ||||||
10 | Department reviewing and using the
applicant's digital | ||||||
11 | driver's license or Illinois Identification photograph and | ||||||
12 | signature, if available. The Secretary of State shall allow the | ||||||
13 | Department access to the photograph and signature for the | ||||||
14 | purpose of identifying the applicant and issuing to the | ||||||
15 | applicant a license. | ||||||
16 | (d) A person applying for a license shall submit with an | ||||||
17 | application a full set of legible fingerprints. Fingerprinting | ||||||
18 | may be administered by the Department or any other federal, | ||||||
19 | State, county, or municipal law enforcement agency. The cost of | ||||||
20 | fingerprinting shall be paid by the applicant, provided that | ||||||
21 | the Department or law enforcement agency may charge no more | ||||||
22 | than $25 for a single set of fingerprints. The Department shall | ||||||
23 | accept a hard copy or electronic version of fingerprints. | ||||||
24 | (e) A person applying for a license shall submit a | ||||||
25 | photocopy of a certificate or other evidence of completion of a | ||||||
26 | course to show compliance with Section 85 of this Act. |
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1 | (f) The Department is authorized to establish a system for | ||||||
2 | electronically submitting applications, including applications | ||||||
3 | for renewal or a replacement license.
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4 | Section 35. Database of applicants and licensees. | ||||||
5 |
(a) The Department shall maintain a database of applicants | ||||||
6 | for a license and licenses. The database shall be available to | ||||||
7 | all Illinois law enforcement agencies, State's Attorneys, and | ||||||
8 | the Attorney General. Members and staff of the judiciary may | ||||||
9 | access the database for the purpose of determining whether to | ||||||
10 | confiscate a license or to ensure compliance with this Act or | ||||||
11 | any other law. The database shall be searchable and provide all | ||||||
12 | information included in the application, a photo of the | ||||||
13 | applicant or licensee, and any information related to | ||||||
14 | violations of this Act. Individual law enforcement agencies | ||||||
15 | shall not maintain a separate, searchable database of | ||||||
16 | applicants and licensees containing information included in | ||||||
17 | the database. | ||||||
18 | (b) The Department shall make available on its website and | ||||||
19 | upon request under the Freedom of Information Act statistical | ||||||
20 | information about the number of licenses issues by county, age, | ||||||
21 | race, or gender. Such report shall be updated monthly. Except | ||||||
22 | as provided in this subsection, applications and information in | ||||||
23 | the database shall be confidential and exempt from disclosure | ||||||
24 | under the Freedom of Information Act. The Department may answer | ||||||
25 | requests to confirm or deny whether a person has been issued a |
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1 | license as part of inquiries dealing with a criminal | ||||||
2 | investigation. Individual law enforcement agencies, State's | ||||||
3 | Attorneys, and judicial staff shall sign a confidentiality | ||||||
4 | agreement, prepared by the Department, prior to receiving | ||||||
5 | access to the database. No law enforcement agency, State's | ||||||
6 | Attorney, or member or staff of the judiciary, other than the | ||||||
7 | Department, shall provide any information to a requester not | ||||||
8 | entitled to it by law, except as required or necessary for the | ||||||
9 | conduct of a criminal investigation.
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10 | Section 40. Suspension or revocation of a license. | ||||||
11 | (a) A license issued or renewed under this Act shall be | ||||||
12 | revoked if, at any time, the licensee is found ineligible for a | ||||||
13 | license based on the criteria set forth in Section 25 of this | ||||||
14 | Act or the licensee no longer possesses a Firearm Owner's | ||||||
15 | Identification Card or a non-resident licensee if his or her | ||||||
16 | home state has revoked a license to carry a firearm. This | ||||||
17 | subsection shall not apply to a person who has filed an | ||||||
18 | application with the State Police for renewal of a Firearm | ||||||
19 | Owner's Identification Card and who is not otherwise ineligible | ||||||
20 | to obtain a Firearm Owner's Identification Card.
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21 | (b) A license shall be suspended if an order of protection | ||||||
22 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
23 | or under Section 214 of the Illinois Domestic Violence Act of | ||||||
24 | 1986 is issued against a licensee. The license shall be | ||||||
25 | suspended for the duration of the order or until the order is |
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1 | terminated by a court and the Department shall not reissue or | ||||||
2 | renew a license for the duration of the order or until the | ||||||
3 | order is terminated. If an order of protection is issued | ||||||
4 | against a licensee, the licensee shall surrender the license, | ||||||
5 | as applicable, to the court at the time the order is entered or | ||||||
6 | to the law enforcement agency or entity designated to serve | ||||||
7 | process at the time the licensee is served the order. The | ||||||
8 | court, law enforcement agency, or entity responsible for | ||||||
9 | serving the order shall transmit the license to the Department. | ||||||
10 | (c) The Department may temporarily or permanently suspend a | ||||||
11 | license for a violation of Section 70 of this Act in accordance | ||||||
12 | with subsection (i) of Section 70. | ||||||
13 | (d) A license shall be invalid upon expiration of the | ||||||
14 | license, unless the licensee has submitted an application to | ||||||
15 | renew the license. A person who fails to renew his or her | ||||||
16 | application within 6 months after its expiration must reapply | ||||||
17 | for a new license and pay the fee for a new application. | ||||||
18 | (e) The Department may suspend a license if a licensee | ||||||
19 | fails to submit a change of address or name or fails to report | ||||||
20 | a lost or destroyed license to the Department within 30 days.
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21 | Section 45. Renewal of license.
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22 | (a) Not later than 120 days before the expiration of any | ||||||
23 | license issued under this Act, the Department shall notify the | ||||||
24 | licensee in writing of the expiration and furnish an | ||||||
25 | application for renewal of the license or make such an |
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1 | application available on-line. | ||||||
2 | (b) Applications for renewal of a license shall be made | ||||||
3 | directly to the Department. A license shall be renewed for a | ||||||
4 | period of 5 years upon receipt of a completed renewal | ||||||
5 | application and a $50 renewal fee. The renewal application | ||||||
6 | shall contain the information required in Section 30, except | ||||||
7 | that the applicant need not resubmit a full set of | ||||||
8 | fingerprints. Each applicant for a renewal shall submit, on a | ||||||
9 | form prescribed by the Department, proof that the applicant (i) | ||||||
10 | has participated in at least one shooting competition with a | ||||||
11 | handgun within 6 months of the application for renewal, (ii) | ||||||
12 | has completed an equivalent range exercise as prescribed in | ||||||
13 | Section 85 and attested to by any instructor qualified under | ||||||
14 | this Act, a certified law enforcement instructor, or NRA | ||||||
15 | certified instructor or (iii) has completed Firearms | ||||||
16 | Instructor Training under Section 90. The Department shall make | ||||||
17 | the range recertification form available on its website or as | ||||||
18 | part of a renewal application.
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19 | Section 50. Change of address, change of name, or lost or | ||||||
20 | destroyed licenses.
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21 | (a) The licensee shall notify the Department within 30 days | ||||||
22 | of moving or changing a residence or any change of name, and | ||||||
23 | upon the discovery of the loss or destruction of a license. | ||||||
24 | (b) If a licensee changes residence within this State or | ||||||
25 | changes his or her name, the licensee shall request a new |
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1 | license. The licensee shall submit a $25 fee, a notarized | ||||||
2 | statement that the licensee has changed residence or his or her | ||||||
3 | name, and a photograph as required in Section 30 of this Act. | ||||||
4 | The statement must include the prior and current address or | ||||||
5 | name and the date the applicant moved or changed his or her | ||||||
6 | name. | ||||||
7 | (c) A lost or destroyed license shall be invalid. To | ||||||
8 | request a new license, the licensee shall submit (i) a $25 fee, | ||||||
9 | (ii) a notarized statement that the licensee no longer | ||||||
10 | possesses the license and that it was lost or destroyed, (iii) | ||||||
11 | a copy of a police report stating that the license was lost, | ||||||
12 | destroyed, or stolen, and (iv) a photograph as required in | ||||||
13 | Section 30 of this Act.
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14 | Section 65. Non-resident applications. A person from | ||||||
15 | another state or territory of the United States may apply for a | ||||||
16 | non-resident license. The applicant shall apply to the | ||||||
17 | Department and must meet the qualifications established in | ||||||
18 | Section 25. The applicant shall submit (i) the application and | ||||||
19 | documentation required in Section 30; (ii) a notarized document | ||||||
20 | stating the applicant (A) is eligible under federal law and the | ||||||
21 | laws of his or her home state to own a firearm, (B) if | ||||||
22 | applicable, has a license or permit to carry a firearm or | ||||||
23 | concealed firearm issued by his or her home state and that a | ||||||
24 | copy is attached to the application, (C) understands Illinois | ||||||
25 | laws pertaining to the possession and transport of firearms, |
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1 | and (D) acknowledges that the applicant is subject to the | ||||||
2 | jurisdiction of the Department and Illinois courts for any | ||||||
3 | violation of this Act; and (iii) a $100 application fee. In | ||||||
4 | lieu of an Illinois State driver's license or identification | ||||||
5 | card, he or she shall provide similar documentation from his or | ||||||
6 | her state or territory. | ||||||
7 | Section 70. Restrictions.
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8 | (a) No license issued under this Act shall authorize any | ||||||
9 | person to knowingly carry a concealed firearm into: | ||||||
10 | (i) Any building under the control of the Governor, | ||||||
11 | Lieutenant Governor, Attorney General, Secretary of State, | ||||||
12 | Comptroller, or Treasurer.
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13 | (ii) Any building under control of the General Assembly | ||||||
14 | or any of its support service agencies, including the | ||||||
15 | portion of a building in which a committee of the General | ||||||
16 | Assembly convenes for the purpose of conducting meetings of | ||||||
17 | committees, joint committees, or legislative commissions.
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18 | (iii) Any courthouse or building occupied in whole or | ||||||
19 | in part by the Circuit, Appellate, or Supreme Court or a | ||||||
20 | room designated as a courtroom for court proceedings by any | ||||||
21 | of these courts. | ||||||
22 | (iv) Any meeting of the governing body of a unit of | ||||||
23 | local government or special district. | ||||||
24 | (v) Any establishment licensed to dispense alcoholic | ||||||
25 | beverages for consumption on the premises if less than 50% |
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1 | of its annual gross income comes from the sale of food. | ||||||
2 | (vi) Any area of an airport to which access is | ||||||
3 | controlled by the inspection of persons and property. | ||||||
4 | (vii) Any place where the carrying of a firearm is | ||||||
5 | prohibited by federal law. | ||||||
6 | (viii) Any elementary or secondary school without the | ||||||
7 | consent of school authorities. School authorities shall | ||||||
8 | inform the appropriate law enforcement agency and any law | ||||||
9 | enforcement personnel on site of such consent. | ||||||
10 | (ix) Any portion of a building used as a child care | ||||||
11 | facility without the consent of the manager. Nothing in | ||||||
12 | this Section shall prevent the operator of a child care | ||||||
13 | facility in a family home from owning or possessing a | ||||||
14 | firearm or license. | ||||||
15 | (x) Any gaming facility licensed under the Riverboat | ||||||
16 | Gambling Act or the Illinois Horse Racing Act of 1975. | ||||||
17 | (xi) Any gated area of an amusement park. | ||||||
18 | (xii) Any stadium, arena, or collegiate or | ||||||
19 | professional sporting event. | ||||||
20 | (xiii) A mental health facility. | ||||||
21 | (xiv) Any community college, college, or university | ||||||
22 | campus without consent of the school authorities. School | ||||||
23 | authorities shall inform the appropriate law enforcement | ||||||
24 | agency and any law enforcement personnel on site of such | ||||||
25 | consent. | ||||||
26 | (xv) A library without the written consent of the |
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1 | library's governing body. The governing body shall inform | ||||||
2 | the appropriate law enforcement agency of such consent.
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3 | (xvi) Any police, sheriff, or State Police office or | ||||||
4 | station without the consent of the chief law enforcement | ||||||
5 | officer in charge of that office or station. | ||||||
6 | (xvii) Any adult or juvenile detention or correctional | ||||||
7 | institution, prison, or jail. | ||||||
8 | (b) A municipality or school district may prohibit or limit | ||||||
9 | licensees from carrying a concealed firearm into or within any | ||||||
10 | building owned, leased, or controlled by that municipality or | ||||||
11 | school district by a majority vote of members of its governing | ||||||
12 | board. A resolution or ordinance shall not prohibit a licensee | ||||||
13 | from carrying a concealed firearm in any building used for | ||||||
14 | public housing, on any sidewalk, on any highway or roadway, or | ||||||
15 | in any public restroom. A resolution or ordinance shall not | ||||||
16 | prohibit a licensee from carrying a concealed firearm in a | ||||||
17 | public
transportation facility or while accessing the services | ||||||
18 | of a public transportation agency. For
purposes of this | ||||||
19 | Section, "public transportation facility" means a terminal or | ||||||
20 | other place where
one may obtain public transportation. For | ||||||
21 | purposes of this Section, "public transportation agency"
means | ||||||
22 | a public or private agency that provides for the transportation | ||||||
23 | or conveyance of persons by
means available to the general | ||||||
24 | public, except for transportation by automobiles not used for
| ||||||
25 | conveyance of the general public as passengers.
The resolution | ||||||
26 | or ordinance may specify that persons violating the resolution |
| |||||||
| |||||||
1 | or ordinance may be denied entrance to the building and | ||||||
2 | subjected to a civil fine of no more than $100 for any | ||||||
3 | violation of the provisions of the resolution or ordinance. | ||||||
4 | (c) The owner, business or commercial lessee, or manager of | ||||||
5 | a private business enterprise, or any other private | ||||||
6 | organization, entity, or person, may prohibit licensees from | ||||||
7 | carrying a concealed firearm on the premises under its control. | ||||||
8 | However, any owner shall allow for any lessee to carry or | ||||||
9 | possess a concealed firearm in accordance with this Act in any | ||||||
10 | part of a building or upon any property he or she leases.
| ||||||
11 | (d) Any person licensed under this Act who is prohibited | ||||||
12 | from carrying a concealed firearm into a building or on the | ||||||
13 | premises as
specified in subsection (a) or designated in | ||||||
14 | accordance with subsection (b) or (c) shall be permitted to | ||||||
15 | store that
handgun or ammunition out of plain sight in a locked | ||||||
16 | vehicle or in a locked compartment or container within his or | ||||||
17 | her vehicle. A licensee
shall not be in violation of this | ||||||
18 | Section while he or she is traveling along a public right of | ||||||
19 | way that touches or crosses any of the premises specified in | ||||||
20 | subsection (a) or designated under subsection (b) or (c) if the | ||||||
21 | handgun is carried on his or her person in accordance with the | ||||||
22 | provisions of this Act or is being transported in a vehicle by | ||||||
23 | the licensee in accordance with all other applicable provisions | ||||||
24 | of law. A licensee shall not be in violation of subsection (b) | ||||||
25 | or (c) of this Section if
a building or premises designated | ||||||
26 | under subsection (b) or (c) fails to post a sign. |
| |||||||
| |||||||
1 | (e) If a law enforcement officer initiates an investigative | ||||||
2 | stop, including but not limited to a traffic stop, of a | ||||||
3 | licensee who is carrying a concealed firearm, the licensee | ||||||
4 | shall immediately disclose to the officer that he or she is in | ||||||
5 | possession of a concealed firearm pursuant to this Act. | ||||||
6 | (f) A licensee shall not carry a concealed firearm while | ||||||
7 | under the influence of illegal drugs or hallucinogenic drugs or | ||||||
8 | alcohol. For the purposes of this subsection (f), under the | ||||||
9 | influence of alcohol means a blood alcohol content of .08 or | ||||||
10 | greater. | ||||||
11 | (g) Signs stating that the carrying of a concealed firearm | ||||||
12 | is prohibited shall be clearly and conspicuously posted at | ||||||
13 | every entrance
of a building or premises specified in | ||||||
14 | subsection (a) or designated in accordance with subsection (b) | ||||||
15 | or (c). The Department shall promulgate rules for standardized | ||||||
16 | signs to be used under this subsection.
| ||||||
17 | (h) A violation of subsection (a), (b), (c), (d), (e), or | ||||||
18 | (f) is a Class B misdemeanor. A willful violation of subsection | ||||||
19 | (a), (b), (c), (d), (e), or (f) is
a Class A misdemeanor. The | ||||||
20 | court may require a licensee to pay a $150 fee, in addition to | ||||||
21 | any other fees or court costs,
for a violation of subsection | ||||||
22 | (e). | ||||||
23 | (i) The Department may suspend a license for up to 90 days | ||||||
24 | for a violation of subsection (a), (b), (c), (d), (e), or (f) | ||||||
25 | or up to 180
days for a willful violation of subsection (a), | ||||||
26 | (b), (c), (d), (e), or (f). The Department shall permanently |
| |||||||
| |||||||
1 | revoke a license for 3 or
more violations of this Section. | ||||||
2 | Section 75. Immunity, employees, and agents. The office of | ||||||
3 | the county sheriff, or any employee or agent of the county | ||||||
4 | sheriff, or the Department of State Police shall not be liable | ||||||
5 | for damages in any civil action arising from alleged wrongful | ||||||
6 | or improper granting, renewing, or failure to revoke licenses | ||||||
7 | issued under this Act, except for willful or wanton misconduct. | ||||||
8 | The office of the county sheriff and any employees or agents | ||||||
9 | shall not be liable for submitting specific or articulable | ||||||
10 | reasons why an applicant should be denied a license, unless the | ||||||
11 | objection contains false, malicious, or inaccurate information | ||||||
12 | and the objection constituted willful and wanton misconduct. | ||||||
13 | Section 80. Fees. | ||||||
14 | (a) Fees collected under this Act by the Department and | ||||||
15 | deposited into the Citizen Safety and Self-Defense Trust Fund | ||||||
16 | shall be appropriated for administration of this Act. | ||||||
17 | (b) Fees shall be: | ||||||
18 | New license: $100. | ||||||
19 | Renewal of license: $50. | ||||||
20 | Duplicate license due to lost or destroyed: $25. | ||||||
21 | Corrected license due to change of address or name: $25. | ||||||
22 | Late renewal fee: $25. | ||||||
23 | (c) By March 1 of each year, the Department shall submit a | ||||||
24 | statistical report to the Governor, the President of the |
| |||||||
| |||||||
1 | Senate, and the Speaker of the House of Representatives | ||||||
2 | indicating the number of licenses issued, revoked, suspended, | ||||||
3 | denied, and issued after appeal since the last report and in | ||||||
4 | total and also the number of licenses currently valid. The | ||||||
5 | report shall also include the number of arrests and convictions | ||||||
6 | and the types of crimes committed since the last report by | ||||||
7 | licensees. | ||||||
8 | (d) The Secretary of State shall conduct a study to | ||||||
9 | determine the cost and feasibility of creating a method of | ||||||
10 | adding an identifiable code, background, or other means to show | ||||||
11 | that an individual has been issued a license by the Department | ||||||
12 | on the person's driver's license. | ||||||
13 | Section 85. Applicant training. | ||||||
14 | (a) The applicant training course shall be the standardized | ||||||
15 | training course furnished by the Department and taught by a | ||||||
16 | qualified firearms instructor, consisting of 8 hours of | ||||||
17 | instruction, covering at least the following topics: | ||||||
18 | (i) handgun safety in the classroom, at home, on the | ||||||
19 | firing range, or while carrying the firearm; | ||||||
20 | (ii) the basic principles of marksmanship; | ||||||
21 | (iii) care and cleaning of handguns; and | ||||||
22 | (iv) by means of a videotape produced or approved by | ||||||
23 | the Department: | ||||||
24 | (A) the requirements for obtaining a license to | ||||||
25 | carry a concealed firearm in this State; |
| |||||||
| |||||||
1 | (B) laws relating to firearms as prescribed in the | ||||||
2 | Firearm Owners Identification Card Act, Article 24 of | ||||||
3 | the Criminal Code of 1961, and 18 U.S.C. 921 through | ||||||
4 | 930; and | ||||||
5 | (C) laws relating to the justifiable use of force | ||||||
6 | as prescribed in Article 7 of the Criminal Code of | ||||||
7 | 1961. | ||||||
8 | (v) live firing exercises of sufficient duration for | ||||||
9 | each applicant to fire a handgun: | ||||||
10 | (A) a minimum of 30 rounds; and | ||||||
11 | (B) 20 rounds from a distance of 7 yards and 10 | ||||||
12 | rounds from a distance of 15 yards at a B-21 silhouette | ||||||
13 | or equivalent target as approved by the Department. | ||||||
14 | (b) The classroom portion of the course may, at the | ||||||
15 | qualified firearms instructor's discretion, be divided into | ||||||
16 | segments of not less than 2 hours each. | ||||||
17 | (c) Applicant training courses shall not be open to anyone | ||||||
18 | under the age of 16 and no certificate of completion shall be | ||||||
19 | issued to persons less than 20 years of age. | ||||||
20 | (c-5) Instructors shall maintain all records for students' | ||||||
21 | performance for not less than 5 years. | ||||||
22 | (d) Qualified firearms instructors may only discuss the | ||||||
23 | contents of the video or the statutory provisions listed in | ||||||
24 | clauses (A), (B), and (C) of subparagraph (iv) of paragraph (a) | ||||||
25 | to ensure the students comprehend the subject matter for | ||||||
26 | preparation of the written exam. |
| |||||||
| |||||||
1 | (e) At the conclusion of the classroom portion of the | ||||||
2 | applicant training course, the qualified firearms instructor | ||||||
3 | shall: | ||||||
4 | (1) distribute a standard course examination to the | ||||||
5 | students; | ||||||
6 | (2) not leave the room in which the examination is | ||||||
7 | being held while the examination is in progress; | ||||||
8 | (3) collect examination booklets and answer sheets | ||||||
9 | from each student at the end of the examination period; and | ||||||
10 | (4) not grade the examinations in the presence of | ||||||
11 | students. | ||||||
12 | (f) A person shall not: | ||||||
13 | (1) make an unauthorized copy of the applicant training | ||||||
14 | course examination, in whole or in part; | ||||||
15 | (2) possess the applicant training course examination, | ||||||
16 | or questions from the examination, unless authorized by the | ||||||
17 | Department; or | ||||||
18 | (3) divulge the contents of an applicant training | ||||||
19 | course examination questions to another person. | ||||||
20 | (g) Students shall provide their own safe, functional | ||||||
21 | handgun and factory-loaded ammunition. | ||||||
22 | (h) Grades of "passing" shall not be given on range work to | ||||||
23 | an applicant who: | ||||||
24 | (1) does not follow the orders of the certified
| ||||||
25 | firearms instructor;
| ||||||
26 | (2) in the judgment of the certified firearms |
| |||||||
| |||||||
1 | instructor, handles a firearm in a manner that poses a | ||||||
2 | danger to the applicant or to others; or | ||||||
3 | (3) during the testing portion of the range work fails | ||||||
4 | to hit the silhouette portion of the target with 70% of the | ||||||
5 | 30 rounds fired. | ||||||
6 | (i) Certified firearms instructors shall: | ||||||
7 | (1) allow monitoring of their classes by officials of | ||||||
8 | any certifying agency; | ||||||
9 | (2) make all course records available upon demand to | ||||||
10 | authorized personnel of the Department; and | ||||||
11 | (3) not divulge course records except as authorized by
| ||||||
12 | the certifying agency.
| ||||||
13 | (j) Fees for applicant training courses shall be set by the | ||||||
14 | instructor.
| ||||||
15 | (k) An applicant training course shall not have more than
| ||||||
16 | 40 students in the classroom portion or more than 5 students
| ||||||
17 | per range officer engaged in range firing.
| ||||||
18 | (l) Within 3 business days after the completion of the
| ||||||
19 | course, the certified firearms instructor shall:
| ||||||
20 | (1) grade the examinations; and | ||||||
21 | (2) issue to the student: | ||||||
22 | (i) a certificate of successful course completion; | ||||||
23 | nothing in this Section shall prevent the instructor | ||||||
24 | from issuing the certificate on the same day as the | ||||||
25 | course was completed; or | ||||||
26 | (ii) notification that the applicant has failed |
| |||||||
| |||||||
1 | the written portion of the course, the live firing | ||||||
2 | portion of the course, or both, and will not be issued | ||||||
3 | a certificate of completion. | ||||||
4 | (m) A student shall be issued a certificate of completion
| ||||||
5 | if he or she:
| ||||||
6 | (i) answers at least 70% of the written examination
| ||||||
7 | questions correctly. The Department shall develop the | ||||||
8 | written exam not to exceed 50 questions; and
| ||||||
9 | (ii) achieves a grade of "passing" on the range work. | ||||||
10 | (n)(1) Students who score below 70% on the written | ||||||
11 | examination may retake the examination one time without having | ||||||
12 | to retake the course. | ||||||
13 | (2) Students who do not achieve a grade of "passing" on the | ||||||
14 | range work may repeat the range work one time without having to | ||||||
15 | retake the course. | ||||||
16 | (o) The Department shall make materials for applicant | ||||||
17 | training available to qualified instructors online through the | ||||||
18 | Department's website or Internet. If the Department fails to | ||||||
19 | have training materials available 90 days after the effective | ||||||
20 | date of this Act, then the requirements of this Section shall | ||||||
21 | be deemed to have been met by the applicant providing proof of | ||||||
22 | passage of a National Rifle Association Basic Pistol Course. | ||||||
23 | (p) For purposes of this Section, successful completion of | ||||||
24 | Firearms Instructor Training under Section 90 shall meet the | ||||||
25 | training requirements of this Section. |
| |||||||
| |||||||
1 | Section 90. Firearms instructors training. | ||||||
2 | (a) Not later than 90 days after the effective date of this | ||||||
3 | Act, the Department shall offer and teach courses to qualify | ||||||
4 | instructors under this Section in each State Police District. | ||||||
5 | Courses shall be available at least bi-monthly, or whenever 5 | ||||||
6 | or more individuals request a class in any State Police | ||||||
7 | District. However, nothing in this Section shall require a | ||||||
8 | course to be held if there are no requests pending, and | ||||||
9 | adjoining districts may combine classes in order to have at | ||||||
10 | least 5 participants. | ||||||
11 | (b) Persons who are not qualified firearms instructors | ||||||
12 | shall not teach applicant training courses. | ||||||
13 | (c) Persons who are not qualified firearms instructors | ||||||
14 | shall not advertise or otherwise represent courses they teach | ||||||
15 | as qualifying their students to meet the requirements to | ||||||
16 | receive a license under this Act. | ||||||
17 | (d) Persons who are not certified instructor trainers shall | ||||||
18 | not teach instructor qualification courses. | ||||||
19 | (e) Persons wishing to become qualified firearms | ||||||
20 | instructors shall: | ||||||
21 | (1) be at least 21 years of age; | ||||||
22 | (2) be a citizen of the United States; and | ||||||
23 | (3) meet the requirements of subsection (c) of Section | ||||||
24 | 25. | ||||||
25 | (f) Persons wishing to become instructor trainers, in | ||||||
26 | addition to the requirements of subsection (e) of this Section, |
| |||||||
| |||||||
1 | shall: | ||||||
2 | (1) possess a high school diploma or GED certificate; | ||||||
3 | and | ||||||
4 | (2) have at least one of the following valid firearms
| ||||||
5 | instructor certifications:
| ||||||
6 | (i) any National Rifle Association Instructor | ||||||
7 | Certification; | ||||||
8 | (ii) certification from a firearms instructor's | ||||||
9 | course offered by a State or federal governmental | ||||||
10 | agency; or | ||||||
11 | (iii) a similar firearms instructor qualifying | ||||||
12 | course, approved by the Director of State Police or his | ||||||
13 | or her designee. | ||||||
14 | (g)(1) Applicants shall agree to background checks. | ||||||
15 | (2) An applicant may be disqualified from taking
firearms | ||||||
16 | instructor training, or have his or her instructor | ||||||
17 | qualification revoked, if the applicant:
| ||||||
18 | (A) does not meet the requirements of this Act to | ||||||
19 | possess a license; | ||||||
20 | (B) provides false or misleading information on the | ||||||
21 | application; or | ||||||
22 | (C) has had a prior instructor qualification revoked by | ||||||
23 | the Department or other issuing body. | ||||||
24 | (h) The training course to certify firearms instructors and | ||||||
25 | instructor trainers shall include: | ||||||
26 | (1) Not more than 16 hours of instruction covering at |
| |||||||
| |||||||
1 | least the following topics by means of a videotape produced | ||||||
2 | or approved by the Department: | ||||||
3 | (A) the requirements for obtaining a license under | ||||||
4 | this Act; | ||||||
5 | (B) laws relating to firearms as contained in the | ||||||
6 | Firearm Owners Identification Card Act, Article 24 of | ||||||
7 | the Criminal Code of 1961, and 18 U.S.C. 921 through | ||||||
8 | 930; | ||||||
9 | (C) laws relating to the justifiable use of force | ||||||
10 | as contained in Article 7 of the Criminal Code of 1961; | ||||||
11 | (D) the conducting of applicant training courses; | ||||||
12 | (E) record-keeping requirements of this Act; | ||||||
13 | (F) the basic nomenclature of handguns; | ||||||
14 | (G) the basic principles of marksmanship; and | ||||||
15 | (H) the safe handling of handguns. | ||||||
16 | (2) A classroom demonstration, during which the | ||||||
17 | instructor candidate shall receive instruction on and | ||||||
18 | demonstrate competency in the ability to prepare and | ||||||
19 | deliver a classroom presentation using materials from the | ||||||
20 | applicant curriculum. | ||||||
21 | (3) Range instruction and firing of live ammunition, | ||||||
22 | during which the instructor candidate shall receive | ||||||
23 | instruction on and demonstrate competency in the ability | ||||||
24 | to: | ||||||
25 | (i) handle and fire a handgun safely and | ||||||
26 | accurately; |
| |||||||
| |||||||
1 | (ii) conduct a function test and safety inspection | ||||||
2 | of revolvers and pistols; | ||||||
3 | (iii) clean revolvers and pistols; and | ||||||
4 | (iv) supervise and conduct live firing exercises | ||||||
5 | in a safe and efficient manner. | ||||||
6 | (i) To qualify as a certified firearms instructor or | ||||||
7 | instructor trainer, instructor candidates shall achieve: | ||||||
8 | (1) a minimum score of 70% on a written examination | ||||||
9 | covering the material taught during the classroom portion
| ||||||
10 | of the course;
and | ||||||
11 | (2) a minimum score of 70% on range firing of a handgun | ||||||
12 | while aiming at a B-21 silhouette target or an equivalent | ||||||
13 | as approved by the Department, with a minimum of: | ||||||
14 | (i) twenty rounds from 7 yards; and | ||||||
15 | (ii) ten rounds from 15 yards; and | ||||||
16 | (iii) a score of "passing" from the course | ||||||
17 | instructor for demonstrating competency in each of the | ||||||
18 | following: | ||||||
19 | (A) supervising and conducting live fire; | ||||||
20 | (B) cleaning and inspecting handguns; and | ||||||
21 | (C) preparing and delivering the classroom | ||||||
22 | lecture. | ||||||
23 | (j) Instructor candidates who fail to meet the minimum | ||||||
24 | requirements of subsection (i) of this Section may retake the | ||||||
25 | examination, range work, or classroom demonstration one time | ||||||
26 | without having to repeat the course. |
| |||||||
| |||||||
1 | (k) Qualified firearms instructor and instructor trainer | ||||||
2 | certificates shall be valid for 10 years from the date of | ||||||
3 | issue. Qualified firearms instructors or instructor trainers | ||||||
4 | may renew their certification by successfully completing a | ||||||
5 | refresher course offered or approved by the Department. | ||||||
6 | (l) The fees for instructor courses or refresher courses | ||||||
7 | shall be $100 per student paid to the Department. Fees shall | ||||||
8 | not be refunded to those who do not pass or otherwise fail to | ||||||
9 | complete a course. | ||||||
10 | (m) Course participants shall provide their own safe, | ||||||
11 | functional handgun and factory-loaded ammunition. | ||||||
12 | (n) Prior to conducting range firing, the course instructor | ||||||
13 | shall: | ||||||
14 | (i) inspect each applicant's firearm; and | ||||||
15 | (ii) not allow the firing of a handgun which is not in | ||||||
16 | sound mechanical condition or otherwise may pose a safety | ||||||
17 | hazard. | ||||||
18 | Section 95. Preemption. It is declared to be the policy of | ||||||
19 | this State that it is an exclusive power and function of the | ||||||
20 | State to regulate the possession and transportation of handguns | ||||||
21 | and the issuance of licenses to carry a concealed firearm. | ||||||
22 | Except as provided in subsection (b) of Section 70, a home rule | ||||||
23 | unit shall not regulate the possession or transportation of | ||||||
24 | handguns. A home rule unit shall not regulate the number of | ||||||
25 | handguns or require registration of handguns possessed by a |
| |||||||
| |||||||
1 | person licensed under this Act. This Section is a denial of | ||||||
2 | home rule powers and functions under subsection (i) of Section | ||||||
3 | 6 of Article VII of the Illinois Constitution. | ||||||
4 | Section 100. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
6 | Section 900. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7.5 as follows: | ||||||
8 | (5 ILCS 140/7.5) | ||||||
9 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be exempt | ||||||
11 | from inspection and copying: | ||||||
12 | (a) All information determined to be confidential under | ||||||
13 | Section 4002 of the Technology Advancement and Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library Records | ||||||
16 | Confidentiality Act. | ||||||
17 | (c) Applications, related documents, and medical records | ||||||
18 | received by the Experimental Organ Transplantation Procedures | ||||||
19 | Board and any and all documents or other records prepared by | ||||||
20 | the Experimental Organ Transplantation Procedures Board or its | ||||||
21 | staff relating to applications it has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating to |
| |||||||
| |||||||
1 | known or suspected cases of sexually transmissible disease or | ||||||
2 | any information the disclosure of which is restricted under the | ||||||
3 | Illinois Sexually Transmissible Disease Control Act. | ||||||
4 | (e) Information the disclosure of which is exempted under | ||||||
5 | Section 30 of the Radon Industry Licensing Act. | ||||||
6 | (f) Firm performance evaluations under Section 55 of the | ||||||
7 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
8 | Based Selection Act. | ||||||
9 | (g) Information the disclosure of which is restricted and | ||||||
10 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
11 | (h) Information the disclosure of which is exempted under | ||||||
12 | the State Officials and Employees Ethics Act, and records of | ||||||
13 | any lawfully created State or local inspector general's office | ||||||
14 | that would be exempt if created or obtained by an Executive | ||||||
15 | Inspector General's office under that Act. | ||||||
16 | (i) Information contained in a local emergency energy plan | ||||||
17 | submitted to a municipality in accordance with a local | ||||||
18 | emergency energy plan ordinance that is adopted under Section | ||||||
19 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
20 | (j) Information and data concerning the distribution of | ||||||
21 | surcharge moneys collected and remitted by wireless carriers | ||||||
22 | under the Wireless Emergency Telephone Safety Act. | ||||||
23 | (k) Law enforcement officer identification information or | ||||||
24 | driver identification information compiled by a law | ||||||
25 | enforcement agency or the Department of Transportation under | ||||||
26 | Section 11-212 of the Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (l) Records and information provided to a residential | ||||||
2 | health care facility resident sexual assault and death review | ||||||
3 | team or the Executive Council under the Abuse Prevention Review | ||||||
4 | Team Act. | ||||||
5 | (m) Information provided to the predatory lending database | ||||||
6 | created pursuant to Article 3 of the Residential Real Property | ||||||
7 | Disclosure Act, except to the extent authorized under that | ||||||
8 | Article. | ||||||
9 | (n) Defense budgets and petitions for certification of | ||||||
10 | compensation and expenses for court appointed trial counsel as | ||||||
11 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
12 | Litigation Act. This subsection (n) shall apply until the | ||||||
13 | conclusion of the trial of the case, even if the prosecution | ||||||
14 | chooses not to pursue the death penalty prior to trial or | ||||||
15 | sentencing. | ||||||
16 | (o) Information that is prohibited from being disclosed | ||||||
17 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
18 | Registry Act. | ||||||
19 | (p) Security portions of system safety program plans, | ||||||
20 | investigation reports, surveys, schedules, lists, data, or | ||||||
21 | information compiled, collected, or prepared by or for the | ||||||
22 | Regional Transportation Authority under Section 2.11 of the | ||||||
23 | Regional Transportation Authority Act or the St. Clair County | ||||||
24 | Transit District under the Bi-State Transit Safety Act. | ||||||
25 | (q) Information prohibited from being disclosed by the | ||||||
26 | Personnel Records Review Act. |
| |||||||
| |||||||
1 | (r) Information prohibited from being disclosed by the | ||||||
2 | Illinois School Student Records Act. | ||||||
3 | (s) Information the disclosure of which is restricted under | ||||||
4 | Section 5-108 of the Public Utilities Act.
| ||||||
5 | (t) All identified or deidentified health information in | ||||||
6 | the form of health data or medical records contained in, stored | ||||||
7 | in, submitted to, transferred by, or released from the Illinois | ||||||
8 | Health Information Exchange, and identified or deidentified | ||||||
9 | health information in the form of health data and medical | ||||||
10 | records of the Illinois Health Information Exchange in the | ||||||
11 | possession of the Illinois Health Information Exchange | ||||||
12 | Authority due to its administration of the Illinois Health | ||||||
13 | Information Exchange. The terms "identified" and | ||||||
14 | "deidentified" shall be given the same meaning as in the Health | ||||||
15 | Insurance Accountability and Portability Act of 1996, Public | ||||||
16 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
17 | regulations promulgated thereunder. | ||||||
18 | (u) (t) Records and information provided to an independent | ||||||
19 | team of experts under Brian's Law. | ||||||
20 | (v) Information maintained by the Department of State | ||||||
21 | Police in accordance with subsection (a) of Section 35 of the | ||||||
22 | Family and Personal Protection Act, except as authorized by | ||||||
23 | that Act. | ||||||
24 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
25 | 96-1331, eff. 7-27-10; revised 9-2-10.) |
| |||||||
| |||||||
1 | Section 905. The State Finance Act is amended by adding | ||||||
2 | Section 5.786 as follows: | ||||||
3 | (30 ILCS 105/5.786 new) | ||||||
4 | Sec. 5.786. The Citizen Safety and Self-Defense Trust Fund. | ||||||
5 | Section 910. The Criminal Code of 1961 is amended by | ||||||
6 | changing Sections 21-6 and 24-2 as follows:
| ||||||
7 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
8 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
9 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
10 | Section 33A-1
in any building or on land supported in whole or | ||||||
11 | in part with public
funds or in any building on such land | ||||||
12 | without
prior written permission from the chief security | ||||||
13 | officer for such land or
building commits a Class A | ||||||
14 | misdemeanor.
| ||||||
15 | (b) The chief security officer must grant any reasonable | ||||||
16 | request for
permission under paragraph (a). | ||||||
17 | (c) This Section shall not apply to a person acting | ||||||
18 | lawfully under the Family and Personal Protection Act.
| ||||||
19 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
20 | (720 ILCS 5/24-2)
| ||||||
21 | Sec. 24-2. Exemptions.
| ||||||
22 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| |||||||
| |||||||
1 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
2 | the following:
| ||||||
3 | (1) Peace officers, and any person summoned by a peace | ||||||
4 | officer to
assist in making arrests or preserving the | ||||||
5 | peace, while actually engaged in
assisting such officer.
| ||||||
6 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
7 | penitentiaries, jails and other institutions for the | ||||||
8 | detention of persons
accused or convicted of an offense, | ||||||
9 | while in the performance of their
official duty, or while | ||||||
10 | commuting between their homes and places of employment.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard or the | ||||||
13 | Reserve Officers Training Corps,
while in the performance | ||||||
14 | of their official duty.
| ||||||
15 | (4) Special agents employed by a railroad or a public | ||||||
16 | utility to
perform police functions, and guards of armored | ||||||
17 | car companies, while
actually engaged in the performance of | ||||||
18 | the duties of their employment or
commuting between their | ||||||
19 | homes and places of employment; and watchmen
while actually | ||||||
20 | engaged in the performance of the duties of their | ||||||
21 | employment.
| ||||||
22 | (5) Persons licensed as private security contractors, | ||||||
23 | private
detectives, or private alarm contractors, or | ||||||
24 | employed by an agency
certified by the Department of | ||||||
25 | Professional Regulation, if their duties
include the | ||||||
26 | carrying of a weapon under the provisions of the Private
|
| |||||||
| |||||||
1 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
3 | in the performance of the duties of their employment or | ||||||
4 | commuting
between their homes and places of employment, | ||||||
5 | provided that such commuting
is accomplished within one | ||||||
6 | hour from departure from home or place of
employment, as | ||||||
7 | the case may be. Persons exempted under this subdivision
| ||||||
8 | (a)(5) shall be required to have completed a course of
| ||||||
9 | study in firearms handling and training approved and | ||||||
10 | supervised by the
Department of Professional Regulation as | ||||||
11 | prescribed by Section 28 of the
Private Detective, Private | ||||||
12 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
13 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
14 | The Department of Professional
Regulation shall provide | ||||||
15 | suitable documentation demonstrating the
successful | ||||||
16 | completion of the prescribed firearms training. Such
| ||||||
17 | documentation shall be carried at all times when such | ||||||
18 | persons are in
possession of a concealable weapon.
| ||||||
19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the protection | ||||||
21 | of persons employed
and private property related to such | ||||||
22 | commercial or industrial
operation, while actually engaged | ||||||
23 | in the performance of his or her
duty or traveling between | ||||||
24 | sites or properties belonging to the
employer, and who, as | ||||||
25 | a security guard, is a member of a security force of
at | ||||||
26 | least 5 persons registered with the Department of |
| |||||||
| |||||||
1 | Professional
Regulation; provided that such security guard | ||||||
2 | has successfully completed a
course of study, approved by | ||||||
3 | and supervised by the Department of
Professional | ||||||
4 | Regulation, consisting of not less than 40 hours of | ||||||
5 | training
that includes the theory of law enforcement, | ||||||
6 | liability for acts, and the
handling of weapons. A person | ||||||
7 | shall be considered eligible for this
exemption if he or | ||||||
8 | she has completed the required 20
hours of training for a | ||||||
9 | security officer and 20 hours of required firearm
training, | ||||||
10 | and has been issued a firearm control card by
the | ||||||
11 | Department of Professional Regulation. Conditions for the | ||||||
12 | renewal of
firearm control cards issued under the | ||||||
13 | provisions of this Section
shall be the same as for those | ||||||
14 | cards issued under the provisions of the
Private Detective, | ||||||
15 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
16 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
17 | carried by the security guard at all
times when he or she | ||||||
18 | is in possession of a concealable weapon.
| ||||||
19 | (7) Agents and investigators of the Illinois | ||||||
20 | Legislative Investigating
Commission authorized by the | ||||||
21 | Commission to carry the weapons specified in
subsections | ||||||
22 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
23 | any investigation for the Commission.
| ||||||
24 | (8) Persons employed by a financial institution for the | ||||||
25 | protection of
other employees and property related to such | ||||||
26 | financial institution, while
actually engaged in the |
| |||||||
| |||||||
1 | performance of their duties, commuting between
their homes | ||||||
2 | and places of employment, or traveling between sites or
| ||||||
3 | properties owned or operated by such financial | ||||||
4 | institution, provided that
any person so employed has | ||||||
5 | successfully completed a course of study,
approved by and | ||||||
6 | supervised by the Department of Professional Regulation,
| ||||||
7 | consisting of not less than 40 hours of training which | ||||||
8 | includes theory of
law enforcement, liability for acts, and | ||||||
9 | the handling of weapons.
A person shall be considered to be | ||||||
10 | eligible for this exemption if he or
she has completed the | ||||||
11 | required 20 hours of training for a security officer
and 20 | ||||||
12 | hours of required firearm training, and has been issued a
| ||||||
13 | firearm control card by the Department of Professional | ||||||
14 | Regulation.
Conditions for renewal of firearm control | ||||||
15 | cards issued under the
provisions of this Section shall be | ||||||
16 | the same as for those issued under the
provisions of the | ||||||
17 | Private Detective, Private Alarm,
Private Security, | ||||||
18 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
19 | control card shall be carried by the person so
trained at | ||||||
20 | all times when such person is in possession of a | ||||||
21 | concealable
weapon. For purposes of this subsection, | ||||||
22 | "financial institution" means a
bank, savings and loan | ||||||
23 | association, credit union or company providing
armored car | ||||||
24 | services.
| ||||||
25 | (9) Any person employed by an armored car company to | ||||||
26 | drive an armored
car, while actually engaged in the |
| |||||||
| |||||||
1 | performance of his duties.
| ||||||
2 | (10) Persons who have been classified as peace officers | ||||||
3 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
4 | (11) Investigators of the Office of the State's | ||||||
5 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
6 | governors of the Office of the
State's Attorneys Appellate | ||||||
7 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
8 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
9 | (12) Special investigators appointed by a State's | ||||||
10 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
11 | (12.5) Probation officers while in the performance of | ||||||
12 | their duties, or
while commuting between their homes, | ||||||
13 | places of employment or specific locations
that are part of | ||||||
14 | their assigned duties, with the consent of the chief judge | ||||||
15 | of
the circuit for which they are employed.
| ||||||
16 | (13) Court Security Officers while in the performance | ||||||
17 | of their official
duties, or while commuting between their | ||||||
18 | homes and places of employment, with
the
consent of the | ||||||
19 | Sheriff.
| ||||||
20 | (13.5) A person employed as an armed security guard at | ||||||
21 | a nuclear energy,
storage, weapons or development site or | ||||||
22 | facility regulated by the Nuclear
Regulatory Commission | ||||||
23 | who has completed the background screening and training
| ||||||
24 | mandated by the rules and regulations of the Nuclear | ||||||
25 | Regulatory Commission.
| ||||||
26 | (14) Manufacture, transportation, or sale of weapons |
| |||||||
| |||||||
1 | to
persons
authorized under subdivisions (1) through | ||||||
2 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
3 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
4 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
5 | (1) Members of any club or organization organized for | ||||||
6 | the purpose of
practicing shooting at targets upon | ||||||
7 | established target ranges, whether
public or private, and | ||||||
8 | patrons of such ranges, while such members
or patrons are | ||||||
9 | using their firearms on those target ranges.
| ||||||
10 | (2) Duly authorized military or civil organizations | ||||||
11 | while parading,
with the special permission of the | ||||||
12 | Governor.
| ||||||
13 | (3) Hunters, trappers or fishermen with a license or
| ||||||
14 | permit while engaged in hunting,
trapping or fishing.
| ||||||
15 | (4) Transportation of weapons that are broken down in a
| ||||||
16 | non-functioning state or are not immediately accessible.
| ||||||
17 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
18 | gun or taser or other firearm on the land or in the legal | ||||||
19 | dwelling of another person as an invitee with that person's | ||||||
20 | permission. | ||||||
21 | (6) A licensee under the Family and Personal Protection | ||||||
22 | Act, notwithstanding Section 70 of that Act, if the | ||||||
23 | licensee meets the requirements of the Family and Personal | ||||||
24 | Protection Act. | ||||||
25 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
26 | of the
following:
|
| |||||||
| |||||||
1 | (1) Peace officers while in performance of their | ||||||
2 | official duties.
| ||||||
3 | (2) Wardens, superintendents and keepers of prisons, | ||||||
4 | penitentiaries,
jails and other institutions for the | ||||||
5 | detention of persons accused or
convicted of an offense.
| ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard, while in | ||||||
8 | the performance of their official
duty.
| ||||||
9 | (4) Manufacture, transportation, or sale of machine | ||||||
10 | guns to persons
authorized under subdivisions (1) through | ||||||
11 | (3) of this subsection to
possess machine guns, if the | ||||||
12 | machine guns are broken down in a
non-functioning state or | ||||||
13 | are not immediately accessible.
| ||||||
14 | (5) Persons licensed under federal law to manufacture | ||||||
15 | any weapon from
which 8 or more shots or bullets can be | ||||||
16 | discharged by a
single function of the firing device, or | ||||||
17 | ammunition for such weapons, and
actually engaged in the | ||||||
18 | business of manufacturing such weapons or
ammunition, but | ||||||
19 | only with respect to activities which are within the lawful
| ||||||
20 | scope of such business, such as the manufacture, | ||||||
21 | transportation, or testing
of such weapons or ammunition. | ||||||
22 | This exemption does not authorize the
general private | ||||||
23 | possession of any weapon from which 8 or more
shots or | ||||||
24 | bullets can be discharged by a single function of the | ||||||
25 | firing
device, but only such possession and activities as | ||||||
26 | are within the lawful
scope of a licensed manufacturing |
| |||||||
| |||||||
1 | business described in this paragraph.
| ||||||
2 | During transportation, such weapons shall be broken | ||||||
3 | down in a
non-functioning state or not immediately | ||||||
4 | accessible.
| ||||||
5 | (6) The manufacture, transport, testing, delivery, | ||||||
6 | transfer or sale,
and all lawful commercial or experimental | ||||||
7 | activities necessary thereto, of
rifles, shotguns, and | ||||||
8 | weapons made from rifles or shotguns,
or ammunition for | ||||||
9 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
10 | person operating as a contractor or subcontractor pursuant | ||||||
11 | to a
contract or subcontract for the development and supply | ||||||
12 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
13 | United States government or any
branch of the Armed Forces | ||||||
14 | of the United States, when such activities are
necessary | ||||||
15 | and incident to fulfilling the terms of such contract.
| ||||||
16 | The exemption granted under this subdivision (c)(6)
| ||||||
17 | shall also apply to any authorized agent of any such | ||||||
18 | contractor or
subcontractor who is operating within the | ||||||
19 | scope of his employment, where
such activities involving | ||||||
20 | such weapon, weapons or ammunition are necessary
and | ||||||
21 | incident to fulfilling the terms of such contract.
| ||||||
22 | During transportation, any such weapon shall be broken | ||||||
23 | down in a
non-functioning state, or not immediately | ||||||
24 | accessible.
| ||||||
25 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
26 | possession
or carrying of a black-jack or slung-shot by a peace |
| |||||||
| |||||||
1 | officer.
| ||||||
2 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
3 | manager or
authorized employee of any place specified in that | ||||||
4 | subsection nor to any
law enforcement officer or a licensee | ||||||
5 | under the Family and Personal Protection Act, notwithstanding | ||||||
6 | Section 70 of that Act .
| ||||||
7 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
8 | Section 24-1.6
do not apply
to members of any club or | ||||||
9 | organization organized for the purpose of practicing
shooting | ||||||
10 | at targets upon established target ranges, whether public or | ||||||
11 | private,
while using their firearms on those target ranges.
| ||||||
12 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
13 | to:
| ||||||
14 | (1) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United
States or the Illinois National Guard, while in | ||||||
16 | the performance of their
official duty.
| ||||||
17 | (2) Bonafide collectors of antique or surplus military | ||||||
18 | ordinance.
| ||||||
19 | (3) Laboratories having a department of forensic | ||||||
20 | ballistics, or
specializing in the development of | ||||||
21 | ammunition or explosive ordinance.
| ||||||
22 | (4) Commerce, preparation, assembly or possession of | ||||||
23 | explosive
bullets by manufacturers of ammunition licensed | ||||||
24 | by the federal government,
in connection with the supply of | ||||||
25 | those organizations and persons exempted
by subdivision | ||||||
26 | (g)(1) of this Section, or like organizations and persons
|
| |||||||
| |||||||
1 | outside this State, or the transportation of explosive | ||||||
2 | bullets to any
organization or person exempted in this | ||||||
3 | Section by a common carrier or by a
vehicle owned or leased | ||||||
4 | by an exempted manufacturer.
| ||||||
5 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
6 | persons licensed
under federal law to manufacture any device or | ||||||
7 | attachment of any kind designed,
used, or intended for use in | ||||||
8 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
9 | for those firearms equipped with those devices, and actually | ||||||
10 | engaged in the
business of manufacturing those devices, | ||||||
11 | firearms, or ammunition, but only with
respect to
activities | ||||||
12 | that are within the lawful scope of that business, such as the
| ||||||
13 | manufacture, transportation, or testing of those devices, | ||||||
14 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
15 | general private possession of any device or
attachment of any | ||||||
16 | kind designed, used, or intended for use in silencing the
| ||||||
17 | report of any firearm, but only such possession and activities | ||||||
18 | as are within
the
lawful scope of a licensed manufacturing | ||||||
19 | business described in this subsection
(g-5). During | ||||||
20 | transportation, those devices shall be detached from any weapon
| ||||||
21 | or
not immediately accessible.
| ||||||
22 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
23 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
24 | supervisor who meets the qualifications and conditions | ||||||
25 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
2 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
3 | athlete's possession, transport on official Olympic and | ||||||
4 | Paralympic transit systems established for athletes, or use of | ||||||
5 | competition firearms sanctioned by the International Olympic | ||||||
6 | Committee, the International Paralympic Committee, the | ||||||
7 | International Shooting Sport Federation, or USA Shooting in | ||||||
8 | connection with such athlete's training for and participation | ||||||
9 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
10 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
11 | and Paralympic Games. | ||||||
12 | (h) An information or indictment based upon a violation of | ||||||
13 | any
subsection of this Article need not negative any exemptions | ||||||
14 | contained in
this Article. The defendant shall have the burden | ||||||
15 | of proving such an
exemption.
| ||||||
16 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
17 | affect
the transportation, carrying, or possession, of any | ||||||
18 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
19 | to a common carrier operating
under license of the State of | ||||||
20 | Illinois or the federal government, where
such transportation, | ||||||
21 | carrying, or possession is incident to the lawful
| ||||||
22 | transportation in which such common carrier is engaged; and | ||||||
23 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
24 | transportation, carrying,
or possession of any pistol, | ||||||
25 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
26 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
| |||||||
| |||||||
1 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
2 | carrying box, shipping box, or other container, by the | ||||||
3 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
5 | 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | ||||||
6 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law. |