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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 that firearm can be assembled. | |||||||||||||||||||||||||||
20 | "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 and 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.
The term "peace officer" does not apply | ||||||
10 | to an alderman acting as a conservator of the peace under | ||||||
11 | Section 3.1-15-25 of the Illinois Municipal Code. | ||||||
12 | Section 15. Citizen Safety and Self-Defense Trust Fund.
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13 | Fees from applications for licenses shall be deposited into the | ||||||
14 | Citizen Safety and Self-Defense Trust Fund, a special fund that | ||||||
15 | is created in the State treasury. Moneys in the Fund may be | ||||||
16 | invested and any income from investments shall be deposited | ||||||
17 | into the Fund. Subject to appropriation, moneys in the Fund | ||||||
18 | shall exclusively be used to assist the Department with the | ||||||
19 | administrative costs associated with this Act.
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20 | Section 20. Issuance of licenses to carry a concealed | ||||||
21 | firearm.
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22 | (a) The Department shall issue a license to an applicant | ||||||
23 | who (i) meets the qualifications of Section 25; (ii) has | ||||||
24 | provided the application and documentation required in Section |
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1 | 30; and (iii) has submitted the requisite fees. The Department | ||||||
2 | shall issue a renewal, corrected, or duplicate license in | ||||||
3 | accordance with this Act. | ||||||
4 | (a-5) A licensee shall possess a license at all times the | ||||||
5 | licensee carries a concealed firearm except (i) if the person | ||||||
6 | is carrying or possessing a concealed firearm and the person is | ||||||
7 | on his or her land or in his or her abode or legal dwelling or | ||||||
8 | in the abode or legal dwelling of another person as an invitee | ||||||
9 | with that person's permission; (ii) if the person is authorized | ||||||
10 | to carry a firearm under Section 24-2 of the Criminal Code of | ||||||
11 | 1961; or (iii) the handgun is broken down in a non-functioning | ||||||
12 | state, is not immediately accessible, or is enclosed in a case, | ||||||
13 | firearm carrying box, shipping box, or other container.
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14 | (a-10) A licensee shall display the license upon the | ||||||
15 | request of a peace officer or person designated to enforce the | ||||||
16 | provisions of Section 70.
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17 | (b) The Department shall make applications for a license | ||||||
18 | available no later than 90 days after the effective date of | ||||||
19 | this Act. Applications shall be available at Department | ||||||
20 | locations, sheriff offices, on the Department's official | ||||||
21 | website, and any other location designated by the Department. | ||||||
22 | (c) A completed application for a license shall be | ||||||
23 | submitted to the office of the sheriff of the county in which | ||||||
24 | the applicant resides with all accompanying materials and fees. | ||||||
25 | The sheriff shall review the application and submit a completed | ||||||
26 | application, all accompanying materials, and the application |
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1 | fee to the
Department within 30 days of receipt. The sheriff | ||||||
2 | shall promptly return an incomplete application to the | ||||||
3 | applicant. Each
applicant for a license shall submit a $65 | ||||||
4 | application fee, of which $25 shall be retained by the sheriff | ||||||
5 | for expenses
related to receiving and reviewing applications, | ||||||
6 | and $40 shall be submitted to the Department and deposited into | ||||||
7 | the
Citizen Safety and Self Defense Trust Fund.
The sheriff may | ||||||
8 | require an applicant to submit the fee in 2 portions: (1) $25 | ||||||
9 | payable to the sheriff, and (2) $40 payable
to the Department. | ||||||
10 | (d) A sheriff may submit an objection to an application, | ||||||
11 | provided the objection is in writing, includes specific reasons | ||||||
12 | for the objection, and is submitted with the application. Upon | ||||||
13 | request of a municipal law enforcement department, the sheriff | ||||||
14 | shall notify the department of the name, address, and date of | ||||||
15 | birth of any person submitting an application for a license. | ||||||
16 | The municipal police department may submit to the sheriff | ||||||
17 | information deemed to be relevant to the application, and the | ||||||
18 | sheriff may consider that information when determining whether | ||||||
19 | to submit an objection. Any objection submitted by a sheriff, | ||||||
20 | including reports submitted to a sheriff by a municipal law | ||||||
21 | enforcement agency, must be disclosed to the applicant unless | ||||||
22 | disclosure would interfere with a criminal investigation, or as | ||||||
23 | determined by the Department, disclosure may threaten the | ||||||
24 | safety or welfare of the sheriff or local law enforcement | ||||||
25 | agency. | ||||||
26 | (e) Notwithstanding subsection (a), the Department may |
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1 | consider any objection or recommendation made by the sheriff | ||||||
2 | and may determine the applicant is ineligible based solely on | ||||||
3 | those objections. If the applicant is found by the Department | ||||||
4 | to be ineligible, the Department shall deny the application and | ||||||
5 | notify the applicant and the sheriff in writing, stating the | ||||||
6 | grounds for denial. The notice of denial must inform the | ||||||
7 | applicant that he or she may, within 30 days, appeal the denial | ||||||
8 | and submit additional materials relevant to the grounds for | ||||||
9 | denial. Upon receiving the additional documentation, the | ||||||
10 | Department shall reconsider its decision and inform the | ||||||
11 | applicant within 30 days of the result of the reconsideration. | ||||||
12 | If upon reconsideration the Department denies the application, | ||||||
13 | the applicant must be informed of the right to administrative | ||||||
14 | review.
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15 | (f) During an administrative or judicial review of a denial | ||||||
16 | based on subsection (d) or (e) of this Section, the Department | ||||||
17 | shall have the burden of proving by clear and convincing | ||||||
18 | evidence that the applicant would pose a danger to the | ||||||
19 | applicant's self, another, or public safety, or would use a | ||||||
20 | firearm unlawfully, if granted a license to carry a concealed | ||||||
21 | firearm under this Act. | ||||||
22 | (g) The license shall be issued by the Department within 45 | ||||||
23 | days of receipt of a completed application from a sheriff. A | ||||||
24 | license shall be valid throughout the State for a period of 5 | ||||||
25 | years. If the Department does not act on the application within | ||||||
26 | the 45-day period, the applicant may file, in the circuit court |
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1 | of the judicial circuit in which the applicant resides, a | ||||||
2 | complaint for mandamus to compel a decision on the application. | ||||||
3 | (h) The Department shall promulgate rules to implement the | ||||||
4 | provisions of this Section.
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5 | Section 25. Qualifications of an applicant for a license. | ||||||
6 | The Department shall issue a license to an applicant completing | ||||||
7 | an application in accordance with Section 30 of this Act if the | ||||||
8 | person: | ||||||
9 | (a) is at least 21 years of age; | ||||||
10 | (b) has a valid Firearm Owner's Identification Card or, | ||||||
11 | if applying for a non-resident license, has a notarized | ||||||
12 | document stating that the applicant is eligible under | ||||||
13 | federal law and the laws of his or her home state to | ||||||
14 | possess a firearm; | ||||||
15 | (c) is not prohibited under the Firearm Owners | ||||||
16 | Identification Card Act or federal law from possessing or | ||||||
17 | receiving a firearm; | ||||||
18 | (d) is not the subject of a pending arrest warrant, | ||||||
19 | prosecution, or proceeding for an offense or action that | ||||||
20 | could lead to disqualification under subsection (c); | ||||||
21 | (e) does not chronically or habitually abuse alcoholic | ||||||
22 | beverages, as evidenced by either of the following within | ||||||
23 | the 3 years immediately preceding the application: | ||||||
24 | (i) residential or court-ordered treatment for | ||||||
25 | alcoholism or alcohol detoxification; or |
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1 | (ii) 2 or more convictions for driving while under | ||||||
2 | the influence or driving while intoxicated; and
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3 | (f) 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 drivers 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 State and federal | ||||||
5 | law sufficient to obtain access to juvenile court, criminal | ||||||
6 | justice, psychological, or psychiatric records, or records | ||||||
7 | relating to the applicant's history, if any, of | ||||||
8 | institutionalization or inpatient treatment for alcoholism | ||||||
9 | or alcohol detoxification, as well as an affirmative | ||||||
10 | request that any person having custody of those records | ||||||
11 | provide copies of them or information concerning them to | ||||||
12 | the Department for the sole purpose of making a | ||||||
13 | determination of an applicant's eligibility under Section | ||||||
14 | 25; | ||||||
15 | (vi) a conspicuous warning that false statements made | ||||||
16 | by the applicant will result in prosecution for perjury in | ||||||
17 | accordance with Section 32-2 of the Criminal Code of 1961; | ||||||
18 | (vii) an affirmation that the applicant either | ||||||
19 | possesses a currently valid Illinois Firearm Owner's | ||||||
20 | Identification Card, in which case the application shall | ||||||
21 | include the card number, or is applying for the card in | ||||||
22 | conjunction with the application for a license, except | ||||||
23 | persons applying under Section 65 shall be instructed to | ||||||
24 | submit a copy of a valid license to carry a handgun issued | ||||||
25 | by their home state, if applicable, or submit a notarized | ||||||
26 | document stating the applicant is eligible under the laws |
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1 | of his or her home state to possess a handgun; and | ||||||
2 | (viii) an affirmation that the applicant meets the | ||||||
3 | requirements of Section 25 and is not prohibited under the | ||||||
4 | Firearm Owners Identification Card Act or federal law from | ||||||
5 | possessing a firearm. | ||||||
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 Card photograph | ||||||
12 | and signature, if available. The Secretary of State shall allow | ||||||
13 | the Department access to the photograph and signature for the | ||||||
14 | purpose of identifying the applicant and issuing the applicant | ||||||
15 | 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 or private | ||||||
20 | vendor or company. The cost of fingerprinting shall be paid by | ||||||
21 | the applicant, provided that the Department or law enforcement | ||||||
22 | agency may charge no more than $25 for a single set of | ||||||
23 | fingerprints. The Department shall accept a hard copy or | ||||||
24 | electronic version of the fingerprints. | ||||||
25 | (e) A person applying for a license shall submit a | ||||||
26 | photocopy of a certificate or other evidence of completion of a |
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1 | course to show compliance with Section 85 of this Act. | ||||||
2 | (f) The Department is authorized to establish a system for | ||||||
3 | electronically submitting applications, including applications | ||||||
4 | for renewal or a replacement license.
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5 | Section 35. Database of applicants and licensees. | ||||||
6 |
(a) The Department shall maintain a database of applicants | ||||||
7 | for a license and licenses. The database shall be available to | ||||||
8 | all Illinois law enforcement agencies, State's Attorneys, and | ||||||
9 | the Attorney General. Members and staff of the judiciary may | ||||||
10 | access the database for the purpose of determining whether to | ||||||
11 | confiscate a license or to ensure compliance with this Act or | ||||||
12 | any other law. The database shall be searchable and provide all | ||||||
13 | information included in the application, a photo of the | ||||||
14 | applicant or licensee, and any information related to | ||||||
15 | violations of this Act. Individual law enforcement agencies | ||||||
16 | shall not maintain a separate, searchable database of | ||||||
17 | applicants and licensees containing information included in | ||||||
18 | the database. | ||||||
19 | (b) The Department shall make available on its website and | ||||||
20 | upon request under the Freedom of Information Act statistical | ||||||
21 | information about the number of licenses issued by county, age, | ||||||
22 | race, or gender. The report shall be updated monthly. Except as | ||||||
23 | provided in this subsection, applications and information in | ||||||
24 | the database shall be confidential and exempt from disclosure | ||||||
25 | under the Freedom of Information Act. The Department may answer |
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1 | requests to confirm or deny whether a person has been issued a | ||||||
2 | license as part of inquiries dealing with a criminal | ||||||
3 | investigation. Individual law enforcement agencies, State's | ||||||
4 | Attorneys, the Attorney General, members of the judiciary, and | ||||||
5 | judicial staff shall sign a confidentiality agreement, | ||||||
6 | prepared by the Department, prior to receiving access to the | ||||||
7 | database. No law enforcement agency, State's Attorney, the | ||||||
8 | Attorney General, or member or staff of the judiciary, other | ||||||
9 | than the Department, shall provide any information to a | ||||||
10 | requester not entitled to it by law, except as required or | ||||||
11 | necessary for the conduct of a criminal investigation.
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12 | Section 40. Suspension or revocation of a license. | ||||||
13 | (a) A license issued or renewed under this Act shall be | ||||||
14 | revoked if, at any time, the licensee is found ineligible for a | ||||||
15 | license based on the criteria set forth in Section 25 of this | ||||||
16 | Act or the licensee no longer possesses a Firearm Owner's | ||||||
17 | Identification Card or a non-resident licensee if his or her | ||||||
18 | home state has revoked a license to carry a firearm. A license | ||||||
19 | shall not be revoked unless the revocation is for reasons | ||||||
20 | specifically authorized by this Act. This subsection shall not | ||||||
21 | apply to a person who has filed an application with the State | ||||||
22 | Police for renewal of a Firearm Owner's Identification Card and | ||||||
23 | who is not otherwise ineligible to obtain a Firearm Owner's | ||||||
24 | Identification Card.
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25 | (b) A license shall be suspended if an order of protection |
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1 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
2 | or under Section 214 of the Illinois Domestic Violence Act of | ||||||
3 | 1986 is issued against a licensee. The license shall be | ||||||
4 | suspended for the duration of the order or until the order is | ||||||
5 | terminated by a court and the Department shall not reissue or | ||||||
6 | renew a license for the duration of the order or until the | ||||||
7 | order is terminated. If an order of protection is issued | ||||||
8 | against a licensee, the licensee shall surrender the license, | ||||||
9 | as applicable, to the court at the time the order is entered or | ||||||
10 | to the law enforcement agency or entity designated to serve | ||||||
11 | process at the time the licensee is served the order. The | ||||||
12 | court, law enforcement agency, or entity responsible for | ||||||
13 | serving the order shall transmit the license to the Department. | ||||||
14 | (c) The Department may suspend a license for a violation of | ||||||
15 | Section 70 of this Act in accordance with subsection (i) of | ||||||
16 | Section 70. | ||||||
17 | (d) A license shall be invalid upon expiration of the | ||||||
18 | license, unless the licensee has submitted an application to | ||||||
19 | renew the license. A person who fails to renew his or her | ||||||
20 | license within 6 months after its expiration must reapply for a | ||||||
21 | new license and pay the fee for a new application. | ||||||
22 | (e) The Department may suspend a license for up to 90 days | ||||||
23 | if a licensee fails to submit a change of address or name or | ||||||
24 | fails to report a lost or destroyed license to the Department | ||||||
25 | within 60 days of the discovery of the loss or destruction of | ||||||
26 | the license.
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1 | Section 45. Renewal of license.
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2 | (a) Not later than 120 days before the expiration of any | ||||||
3 | license issued under this Act, the Department shall notify the | ||||||
4 | licensee in writing of the expiration and furnish an | ||||||
5 | application for renewal of the license or make the application | ||||||
6 | available on-line. | ||||||
7 | (b) Applications for renewal of a license shall be made | ||||||
8 | directly to the Department. A license shall be renewed for a | ||||||
9 | period of 5 years upon receipt of a completed renewal | ||||||
10 | application and a $25 renewal fee. The renewal application | ||||||
11 | shall contain the information required in Section 30, except | ||||||
12 | that the applicant need not resubmit a full set of | ||||||
13 | fingerprints. An applicant for a renewal shall submit, on a | ||||||
14 | form prescribed by the Department, proof that the applicant (i) | ||||||
15 | has participated in at least one shooting competition with a | ||||||
16 | handgun within 6 months of the application for renewal, (ii) | ||||||
17 | has completed an equivalent range exercise as prescribed in | ||||||
18 | Section 85 and attested to by any instructor qualified under | ||||||
19 | this Act, a certified law enforcement instructor, or NRA | ||||||
20 | certified instructor or (iii) has completed Firearms | ||||||
21 | Instructor Training under Section 90. The Department shall make | ||||||
22 | the range recertification form available on its website or as | ||||||
23 | part of a renewal application.
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24 | Section 50. Change of address, change of name, or lost or |
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1 | destroyed licenses.
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2 | (a) The licensee shall notify the Department within 60 days | ||||||
3 | of: (i) moving or changing a residence or any change of name; | ||||||
4 | or (ii) the discovery of the loss or destruction of a license. | ||||||
5 | (b) If a licensee changes residence within this State or | ||||||
6 | changes his or her name, the licensee shall request a new | ||||||
7 | license. The licensee shall submit a $25 fee, a notarized | ||||||
8 | statement that the licensee has changed residence or his or her | ||||||
9 | name, and a photograph as required in Section 30 of this Act. | ||||||
10 | The statement must include the prior and current address or | ||||||
11 | name and the date the applicant moved or changed his or her | ||||||
12 | name. | ||||||
13 | (c) A lost or destroyed license shall be invalid. To | ||||||
14 | request a new license, the licensee shall submit (i) a $25 fee, | ||||||
15 | (ii) a notarized statement that the licensee no longer | ||||||
16 | possesses the license and that it was lost or destroyed, (iii) | ||||||
17 | a copy of a police report stating that the license was lost, | ||||||
18 | destroyed, or stolen, and (iv) a photograph as required in | ||||||
19 | Section 30 of this Act.
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20 | Section 65. Non-resident applications. A person from | ||||||
21 | another state or territory of the United States may apply for a | ||||||
22 | non-resident license. The applicant shall apply to the | ||||||
23 | Department and must meet the qualifications established in | ||||||
24 | Section 25. The applicant shall submit (i) the application and | ||||||
25 | documentation required in Section 30; (ii) a notarized document |
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1 | stating the applicant (A) is eligible under federal law and the | ||||||
2 | laws of his or her home state to possess a firearm, (B) if | ||||||
3 | applicable, has a license or permit to carry a firearm or | ||||||
4 | concealed firearm issued by his or her home state and that a | ||||||
5 | copy is attached to the application, (C) is familiar with | ||||||
6 | Illinois laws pertaining to the possession and transport of | ||||||
7 | firearms, and (D) acknowledges that the applicant is subject to | ||||||
8 | the jurisdiction of the Department and Illinois courts for any | ||||||
9 | violation of this Act; and (iii) a $65 application fee. In lieu | ||||||
10 | of an Illinois State driver's license or identification card, | ||||||
11 | he or she shall provide similar documentation from his or her | ||||||
12 | state or territory. | ||||||
13 | Section 70. Restrictions.
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14 | (a) No license issued under this Act shall authorize any | ||||||
15 | person to knowingly carry a concealed firearm into: | ||||||
16 | (i) Any building under control of the General Assembly | ||||||
17 | or any of its support service agencies, including the | ||||||
18 | portion of a building in which a committee of the General | ||||||
19 | Assembly convenes for the purpose of conducting meetings of | ||||||
20 | committees, joint committees, or legislative commissions.
| ||||||
21 | (ii) Any courthouse or part of that building that is | ||||||
22 | occupied by the Circuit, Appellate, or Supreme Court, or a | ||||||
23 | room designated for court proceedings by any of these | ||||||
24 | courts. | ||||||
25 | (iii) Any meeting of the governing body of a unit of |
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1 | local government or special district. | ||||||
2 | (iv) Any establishment licensed to dispense alcoholic | ||||||
3 | beverages for consumption on the premises if less than 50% | ||||||
4 | of its annual gross income comes from the sale of food. | ||||||
5 | (v) Any secure area of an airport to which access is | ||||||
6 | controlled by the inspection of persons and property. | ||||||
7 | (vi) Any place where the carrying of a firearm is | ||||||
8 | prohibited by federal law. | ||||||
9 | (vii) Any elementary or secondary school building | ||||||
10 | without the consent of school authorities. School | ||||||
11 | authorities shall inform the appropriate law enforcement | ||||||
12 | agency and any law enforcement personnel on site of that | ||||||
13 | consent. | ||||||
14 | (viii) Any portion of a building used as a child care | ||||||
15 | facility without the consent of the manager. Nothing in | ||||||
16 | this Section shall prevent the operator of a child care | ||||||
17 | facility in a family home from owning or possessing a | ||||||
18 | firearm or license. | ||||||
19 | (ix) Any gaming facility licensed under the Riverboat | ||||||
20 | Gambling Act or the Illinois Horse Racing Act of 1975. | ||||||
21 | (x) Any gated area of an amusement park. | ||||||
22 | (xi) Any stadium, arena, or collegiate or professional | ||||||
23 | sporting event. | ||||||
24 | (xii) A residential mental health facility. | ||||||
25 | (xiii) Any community college, college, or university | ||||||
26 | building without consent of the school authorities. School |
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1 | authorities shall inform the appropriate law enforcement | ||||||
2 | agency and any law enforcement personnel on site of that | ||||||
3 | consent. A community college, college, or university may | ||||||
4 | prohibit the carrying of a firearm on its campus in a | ||||||
5 | manner that is not inconsistent with subsection (d). If a | ||||||
6 | community college, college, or university elects to | ||||||
7 | prohibit the carrying of firearms on its campus, it shall | ||||||
8 | be civilly liable for any injury from a criminal act upon a | ||||||
9 | person holding a permit for carrying a concealed firearm | ||||||
10 | who was prohibited from carrying a concealed firearm on the | ||||||
11 | premises. | ||||||
12 | (xiv) A public library building without the written | ||||||
13 | consent of the library's governing body. The governing body | ||||||
14 | shall inform the appropriate law enforcement agency of that | ||||||
15 | consent.
| ||||||
16 | (xv) Any police, sheriff, or State Police office or | ||||||
17 | station without the consent of the chief law enforcement | ||||||
18 | officer in charge of that office or station. | ||||||
19 | (xvi) Any adult or juvenile detention or correctional | ||||||
20 | institution, prison, or jail. | ||||||
21 | (b) A municipality, school district, or public or private | ||||||
22 | college, university, or post-secondary educational institution | ||||||
23 | may prohibit or limit licensees from carrying a firearm into or | ||||||
24 | within any building or portion of any building owned, leased, | ||||||
25 | or controlled by the municipality, school district, or public | ||||||
26 | or private college, university, or other post-secondary |
| |||||||
| |||||||
1 | educational institution by a majority vote of the members of | ||||||
2 | its legislative body or governing board. The resolution, | ||||||
3 | ordinance, or policy shall not prohibit a licensee from | ||||||
4 | carrying a concealed firearm into or within any building used | ||||||
5 | for public housing; into or within any publicly-accessible | ||||||
6 | restroom or rest stop; into, within, or on any bridge, tunnel, | ||||||
7 | overpass, underpass, elevated walkway, or other structure used | ||||||
8 | as a public right of way; or into or within any | ||||||
9 | publicly-accessible parking facility. The resolution, | ||||||
10 | ordinance, or policy shall not prohibit a licensee from | ||||||
11 | carrying a concealed firearm in a public transportation | ||||||
12 | facility or while accessing the services of a public | ||||||
13 | transportation agency, including while traveling via public | ||||||
14 | transportation. For purposes of this Section, "public | ||||||
15 | transportation agency" means a public or private agency, or any | ||||||
16 | combination thereof, that provides for the transportation or | ||||||
17 | conveyance of persons by means available to the general public, | ||||||
18 | except taxicabs, livery cabs, or limousines. Violators of the | ||||||
19 | resolution or ordinance may be removed from the premises and | ||||||
20 | assessed a civil fine of up to $100. | ||||||
21 | (c) The owner, business or commercial lessee, or manager of | ||||||
22 | a private business enterprise, or any other private | ||||||
23 | organization, entity, or person, may prohibit licensees from | ||||||
24 | carrying a concealed firearm on the premises under its control. | ||||||
25 | However, a private landlord of a residential or commercial | ||||||
26 | property shall not prohibit any lessee from possessing or |
| |||||||
| |||||||
1 | carrying a firearm in accordance with this Act in or on the | ||||||
2 | leased premises or during ingress or egress of the leased | ||||||
3 | premises. The owner, business or commercial lessee, or manager | ||||||
4 | of a private business enterprise or any other private | ||||||
5 | organization, entity, or person who allows the carrying of a | ||||||
6 | firearm by a licensee shall not be liable for any act of the | ||||||
7 | licensee that arises out of the licensee carrying a firearm. | ||||||
8 | (c-1) The Governor, Lieutenant Governor, Attorney General, | ||||||
9 | Secretary of State, Comptroller, or Treasurer may prohibit | ||||||
10 | licensees from carrying a handgun in buildings under their | ||||||
11 | control. | ||||||
12 | (d) Any person licensed under this Act who is prohibited | ||||||
13 | from carrying a concealed firearm into a building by the | ||||||
14 | provisions of subsection (a) or under an ordinance, resolution, | ||||||
15 | or policy adopted in accordance with subsection (b) or (c) | ||||||
16 | shall be permitted to store that firearm or ammunition out of | ||||||
17 | plain sight in his or her locked vehicle or in a locked | ||||||
18 | compartment or container within or securely affixed to the | ||||||
19 | outside of the vehicle. A licensee shall not be in violation of | ||||||
20 | this Section while he or she is traversing a public right of | ||||||
21 | way that touches or crosses any of the premises specified in | ||||||
22 | subsection (a) or from which firearms are prohibited under the | ||||||
23 | provisions of subsection (b) or (c), provided that the firearm | ||||||
24 | is carried on his or her person in accordance with this Act or | ||||||
25 | is being transported in a firearm in accordance with applicable | ||||||
26 | law. A licensee shall not be in violation of subsection (b) or |
| |||||||
| |||||||
1 | (c) if the responsible party for the premises fails | ||||||
2 | conspicuously to post notice of the prohibition at all public | ||||||
3 | entrances to the building in accordance with subsection (g). | ||||||
4 | (e) If a law enforcement officer initiates an investigative | ||||||
5 | stop, including but not limited to a traffic stop, of a | ||||||
6 | licensee who is carrying a concealed firearm, the licensee | ||||||
7 | shall immediately disclose to the officer that he or she is in | ||||||
8 | possession of a concealed firearm pursuant to this Act. | ||||||
9 | Disclosure may be accomplished by oral notification or by | ||||||
10 | providing or displaying the license to carry a concealed | ||||||
11 | firearm to the officer. | ||||||
12 | (f) A licensee shall not carry a concealed firearm while | ||||||
13 | under the influence of illegal drugs or hallucinogenic drugs or | ||||||
14 | alcohol. For the purposes of this subsection (f), under the | ||||||
15 | influence of alcohol means a blood alcohol content of .08 or | ||||||
16 | greater. | ||||||
17 | (g) Signs stating that the carrying of a concealed firearm | ||||||
18 | is prohibited shall be clearly and conspicuously posted at | ||||||
19 | every entrance
of a building or premises specified in | ||||||
20 | subsection (a) or designated in accordance with subsection (b) | ||||||
21 | or (c). The Department shall promulgate rules for standardized | ||||||
22 | signs to be used under this subsection.
| ||||||
23 | (h) A violation of subsection (a), (b), (c), (d), (e), or | ||||||
24 | (f) is a petty offense. A willful violation of subsection (a), | ||||||
25 | (b), (c), (d), (e), or (f) is
a Class B misdemeanor. The court | ||||||
26 | may require a licensee to pay a $75 fee, in addition to any |
| |||||||
| |||||||
1 | other fees or court costs,
for a violation of subsection (e). | ||||||
2 | (i) The Department may suspend a license for up to 30 days | ||||||
3 | for a second violation of subsection (a), (b), (c), (d), (e), | ||||||
4 | or (f) or up to 180
days for a willful violation of subsection | ||||||
5 | (a), (b), (c), (d), (e), or (f). The Department may permanently | ||||||
6 | revoke a license for 3 or
more violations of this Section. | ||||||
7 | Section 75. Immunity, employees, and agents. The office of | ||||||
8 | the county sheriff, or any employee or agent of the county | ||||||
9 | sheriff, or the Department of State Police shall not be liable | ||||||
10 | for damages in any civil action arising from alleged wrongful | ||||||
11 | or improper granting, renewing, or failure to revoke licenses | ||||||
12 | issued under this Act, except for willful or wanton misconduct. | ||||||
13 | The office of the county sheriff and any employees or agents | ||||||
14 | shall not be liable for submitting specific or articulable | ||||||
15 | reasons why an applicant should be denied a license, unless the | ||||||
16 | objection contains false, malicious, or inaccurate information | ||||||
17 | and the objection constituted willful and wanton misconduct. | ||||||
18 | Any owner, business or commercial lessee, landlord, manager of | ||||||
19 | a private business enterprise, employer, or any other | ||||||
20 | organization, entity, person, public or private college, | ||||||
21 | university, or post-secondary educational institution that | ||||||
22 | does not prohibit licensees from carrying concealed firearms on | ||||||
23 | property it owns or occupies is immune from any liability | ||||||
24 | arising from its decision. |
| |||||||
| |||||||
1 | Section 80. Fees. | ||||||
2 | (a) Fees collected under this Act by the Department and | ||||||
3 | deposited into the Citizen Safety and Self-Defense Trust Fund | ||||||
4 | shall be appropriated for administration of this Act. | ||||||
5 | (b) Fees shall be: | ||||||
6 | New license: $65. | ||||||
7 | Renewal of license: $25. | ||||||
8 | Duplicate license due to lost or destroyed: $25. | ||||||
9 | Corrected license due to change of address or name: $25. | ||||||
10 | Late renewal fee: $25. | ||||||
11 | (c) By March 1 of each year, the Department shall submit a | ||||||
12 | statistical report to the Governor, the President of the | ||||||
13 | Senate, and the Speaker of the House of Representatives | ||||||
14 | indicating the number of licenses issued, revoked, suspended, | ||||||
15 | denied, and issued after appeal since the last report and in | ||||||
16 | total and also the number of licenses currently valid. The | ||||||
17 | report shall also include the number of arrests and convictions | ||||||
18 | and the types of crimes committed by licensees since the last | ||||||
19 | report. | ||||||
20 | (d) The Secretary of State shall conduct a study to | ||||||
21 | determine the cost and feasibility of creating a method of | ||||||
22 | adding an identifiable code, background, or other means to show | ||||||
23 | that an individual has been issued a license by the Department | ||||||
24 | on the person's driver's license. | ||||||
25 | Section 85. Applicant training. |
| |||||||
| |||||||
1 | (a) Applicants shall provide proof of completion of at | ||||||
2 | least one of the following courses: | ||||||
3 | (1) NRA Basic Personal Protection In The Home Course. | ||||||
4 | (2) NRA Basics of Personal Protection Outside The Home | ||||||
5 | Course. | ||||||
6 | (3) NRA Basic Pistol Shooting Course. | ||||||
7 | (4) Any other firearms training course of at least 4 | ||||||
8 | hours that covers the following: | ||||||
9 | (A) handgun safety in the classroom, at home, on | ||||||
10 | the firing range, and while carrying the firearm; | ||||||
11 | (B) the basic principles of marksmanship; | ||||||
12 | (C) care and cleaning of handguns; | ||||||
13 | (D) laws relating to the justifiable use of force. | ||||||
14 | (b) Applicants shall provide proof of certification by a | ||||||
15 | certified instructor that the applicant passed a live fire | ||||||
16 | exercise with a handgun consisting of: | ||||||
17 | (1) a minimum of 30 rounds; and | ||||||
18 | (2) 20 rounds from a distance of 7 yards and 10 rounds | ||||||
19 | from a distance of 15 yards at a B-21 silhouette or | ||||||
20 | equivalent target as approved by the Department. | ||||||
21 | (b-5) Students shall provide their own safe, functional | ||||||
22 | handgun and factory-loaded ammunition. | ||||||
23 | (b-6) Grades of "passing" shall not be given on range work | ||||||
24 | to an applicant who: | ||||||
25 | (A) does not follow the orders of the certified | ||||||
26 | firearms instructor; |
| |||||||
| |||||||
1 | (B) in the judgment of the certified firearms | ||||||
2 | instructor, handles a firearm in a manner that poses a | ||||||
3 | danger to the applicant or to others; or | ||||||
4 | (C) during the testing portion of the range work fails | ||||||
5 | to hit the silhouette portion of the target with 70% of the | ||||||
6 | 30 rounds fired. | ||||||
7 | (c) The classroom portion of the course may, at the | ||||||
8 | qualified firearms instructor's discretion, be divided into | ||||||
9 | segments of not less than 2 hours each. | ||||||
10 | (d) Applicant training courses shall not be open to anyone | ||||||
11 | under the age of 16 and no certificate of completion shall be | ||||||
12 | issued to persons less than 20 years of age. | ||||||
13 | (e) Instructors shall maintain all records for students' | ||||||
14 | performance for not less than 5 years. | ||||||
15 | (f) Certified firearms instructors shall: | ||||||
16 | (1) allow monitoring of their classes by officials of | ||||||
17 | any certifying agency; | ||||||
18 | (2) make all course records available upon demand to | ||||||
19 | authorized personnel of the Department; and | ||||||
20 | (3) not divulge course records except as authorized by | ||||||
21 | the certifying agency. | ||||||
22 | (g) Fees for applicant training courses shall be set by the | ||||||
23 | instructor. | ||||||
24 | (h) An applicant training course shall not have more than | ||||||
25 | 40 students in the classroom portion nor more than 5 students | ||||||
26 | per range officer engaged in range firing. |
| |||||||
| |||||||
1 | (i) Persons with the following training or certifications | ||||||
2 | are exempt from the requirements of subsection (a) of this | ||||||
3 | Section: | ||||||
4 | (1) An NRA certified instructor. | ||||||
5 | (2) An individual who has qualified to carry a firearm | ||||||
6 | as a retired law enforcement officer. | ||||||
7 | (3) Any active, retired, or honorably discharged | ||||||
8 | member of the armed forces who held a combat related | ||||||
9 | military occupation specialty (MOS). | ||||||
10 | (4) An individual certified as a law enforcement | ||||||
11 | instructor by the Illinois Law Enforcement Training | ||||||
12 | Standards Board or other equivalent agency.
| ||||||
13 | Section 90. Firearms instructors training. | ||||||
14 | (a) Not later than 30 days after the effective date of this | ||||||
15 | Act, the Department shall establish a registry of instructors | ||||||
16 | who are eligible to teach courses or sign off on range | ||||||
17 | qualifications, or both, to meet the requirements of Section 85 | ||||||
18 | of this Act. | ||||||
19 | (b) Instructors who are eligible to teach courses and | ||||||
20 | certify range qualifications shall have one of the following | ||||||
21 | valid firearms instructor certifications: | ||||||
22 | (1) National Rifle Association Personal Protection | ||||||
23 | Instructor; | ||||||
24 | (2) National Rifle Association Pistol Marksmanship | ||||||
25 | Instructor; |
| |||||||
| |||||||
1 | (3) National Rifle Association Law Enforcement Firearm | ||||||
2 | Instructor with a certification for handguns; | ||||||
3 | (4) Certification from a firearms instructor's course | ||||||
4 | offered by a State or federal governmental agency; or | ||||||
5 | (5) A similar firearms instructor qualifying
course | ||||||
6 | approved by the Illinois Law Enforcement Training | ||||||
7 | Standards Board. | ||||||
8 | (c) Instructors who are eligible to teach courses and | ||||||
9 | certify range qualifications shall be at least 21 years of age
| ||||||
10 | and possess at least a high school diploma or GED certificate. | ||||||
11 | (d) An applicant may have his or her instructor | ||||||
12 | qualification revoked if the applicant: | ||||||
13 | (1) does not meet the requirements of this Act to | ||||||
14 | possess a concealed firearms permit; | ||||||
15 | (2) provides false or misleading information to the | ||||||
16 | Board; or | ||||||
17 | (3) has had a prior instructor qualification revoked by | ||||||
18 | the Board or other certifying organization. | ||||||
19 | Section 95. Preemption. It is declared to be the policy of | ||||||
20 | this State that it is an exclusive power and function of the | ||||||
21 | State to regulate the possession and transportation of handguns | ||||||
22 | and the issuance of licenses to carry a concealed firearm. | ||||||
23 | Except as provided in subsection (b) of Section 70, a home rule | ||||||
24 | unit shall not regulate the possession or transportation of | ||||||
25 | handguns. A home rule unit shall not regulate the number of |
| |||||||
| |||||||
1 | handguns or require registration of handguns possessed by a | ||||||
2 | person licensed under this Act. This Section is a denial of | ||||||
3 | home rule powers and functions under subsection (i) of Section | ||||||
4 | 6 of Article VII of the Illinois Constitution. | ||||||
5 | Section 100. Severability. The provisions of this Act are | ||||||
6 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
7 | Section 900. The Freedom of Information Act is amended by | ||||||
8 | changing Section 7.5 as follows: | ||||||
9 | (5 ILCS 140/7.5) | ||||||
10 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
11 | by the statutes referenced below, the following shall be exempt | ||||||
12 | from inspection and copying: | ||||||
13 | (a) All information determined to be confidential under | ||||||
14 | Section 4002 of the Technology Advancement and Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library Records | ||||||
17 | Confidentiality Act. | ||||||
18 | (c) Applications, related documents, and medical records | ||||||
19 | received by the Experimental Organ Transplantation Procedures | ||||||
20 | Board and any and all documents or other records prepared by | ||||||
21 | the Experimental Organ Transplantation Procedures Board or its | ||||||
22 | staff relating to applications it has received. | ||||||
23 | (d) Information and records held by the Department of |
| |||||||
| |||||||
1 | Public Health and its authorized representatives relating to | ||||||
2 | known or suspected cases of sexually transmissible disease or | ||||||
3 | any information the disclosure of which is restricted under the | ||||||
4 | Illinois Sexually Transmissible Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted under | ||||||
6 | Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of the | ||||||
8 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
9 | Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted and | ||||||
11 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
12 | (h) Information the disclosure of which is exempted under | ||||||
13 | the State Officials and Employees Ethics Act, and records of | ||||||
14 | any lawfully created State or local inspector general's office | ||||||
15 | that would be exempt if created or obtained by an Executive | ||||||
16 | Inspector General's office under that Act. | ||||||
17 | (i) Information contained in a local emergency energy plan | ||||||
18 | submitted to a municipality in accordance with a local | ||||||
19 | emergency energy plan ordinance that is adopted under Section | ||||||
20 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
21 | (j) Information and data concerning the distribution of | ||||||
22 | surcharge moneys collected and remitted by wireless carriers | ||||||
23 | under the Wireless Emergency Telephone Safety Act. | ||||||
24 | (k) Law enforcement officer identification information or | ||||||
25 | driver identification information compiled by a law | ||||||
26 | enforcement agency or the Department of Transportation under |
| |||||||
| |||||||
1 | Section 11-212 of the Illinois Vehicle Code. | ||||||
2 | (l) Records and information provided to a residential | ||||||
3 | health care facility resident sexual assault and death review | ||||||
4 | team or the Executive Council under the Abuse Prevention Review | ||||||
5 | Team Act. | ||||||
6 | (m) Information provided to the predatory lending database | ||||||
7 | created pursuant to Article 3 of the Residential Real Property | ||||||
8 | Disclosure Act, except to the extent authorized under that | ||||||
9 | Article. | ||||||
10 | (n) Defense budgets and petitions for certification of | ||||||
11 | compensation and expenses for court appointed trial counsel as | ||||||
12 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
13 | Litigation Act. This subsection (n) shall apply until the | ||||||
14 | conclusion of the trial of the case, even if the prosecution | ||||||
15 | chooses not to pursue the death penalty prior to trial or | ||||||
16 | sentencing. | ||||||
17 | (o) Information that is prohibited from being disclosed | ||||||
18 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
19 | Registry Act. | ||||||
20 | (p) Security portions of system safety program plans, | ||||||
21 | investigation reports, surveys, schedules, lists, data, or | ||||||
22 | information compiled, collected, or prepared by or for the | ||||||
23 | Regional Transportation Authority under Section 2.11 of the | ||||||
24 | Regional Transportation Authority Act or the St. Clair County | ||||||
25 | Transit District under the Bi-State Transit Safety Act. | ||||||
26 | (q) Information prohibited from being disclosed by the |
| |||||||
| |||||||
1 | Personnel Records Review Act. | ||||||
2 | (r) Information prohibited from being disclosed by the | ||||||
3 | Illinois School Student Records Act. | ||||||
4 | (s) Information the disclosure of which is restricted under | ||||||
5 | Section 5-108 of the Public Utilities Act.
| ||||||
6 | (t) All identified or deidentified health information in | ||||||
7 | the form of health data or medical records contained in, stored | ||||||
8 | in, submitted to, transferred by, or released from the Illinois | ||||||
9 | Health Information Exchange, and identified or deidentified | ||||||
10 | health information in the form of health data and medical | ||||||
11 | records of the Illinois Health Information Exchange in the | ||||||
12 | possession of the Illinois Health Information Exchange | ||||||
13 | Authority due to its administration of the Illinois Health | ||||||
14 | Information Exchange. The terms "identified" and | ||||||
15 | "deidentified" shall be given the same meaning as in the Health | ||||||
16 | Insurance Accountability and Portability Act of 1996, Public | ||||||
17 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
18 | regulations promulgated thereunder. | ||||||
19 | (u) Records and information provided to an independent team | ||||||
20 | of experts under Brian's Law. | ||||||
21 | (v) Names and information of people who have applied for or | ||||||
22 | received Firearm Owner's Identification Cards under the | ||||||
23 | Firearm Owners Identification Card Act. | ||||||
24 | (w) (v) Personally identifiable information which is | ||||||
25 | exempted from disclosure under subsection (g) of Section 19.1 | ||||||
26 | of the Toll Highway Act. |
| |||||||
| |||||||
1 | (x) Information maintained by the Department of State | ||||||
2 | Police in accordance with subsection (a) of Section 35 of the | ||||||
3 | Family and Personal Protection Act, except as authorized by | ||||||
4 | that Act. | ||||||
5 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
6 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
7 | 8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.) | ||||||
8 | Section 905. The State Finance Act is amended by adding | ||||||
9 | Section 5.811 as follows: | ||||||
10 | (30 ILCS 105/5.811 new) | ||||||
11 | Sec. 5.811. The Citizen Safety and Self-Defense Trust Fund. | ||||||
12 | Section 910. The Criminal Code of 1961 is amended by | ||||||
13 | changing Sections 21-6 and 24-2 as follows:
| ||||||
14 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
15 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
16 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
17 | Section 33A-1
in any building or on land supported in whole or | ||||||
18 | in part with public
funds or in any building on such land | ||||||
19 | without
prior written permission from the chief security | ||||||
20 | officer for such land or
building commits a Class A | ||||||
21 | misdemeanor.
| ||||||
22 | (b) The chief security officer must grant any reasonable |
| |||||||
| |||||||
1 | request for
permission under paragraph (a). | ||||||
2 | (c) This Section shall not apply to a person acting | ||||||
3 | lawfully under the Family and Personal Protection Act. | ||||||
4 | (d) Subsection (a) shall not apply to any tenant or | ||||||
5 | resident of any public housing.
| ||||||
6 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
7 | (720 ILCS 5/24-2)
| ||||||
8 | Sec. 24-2. Exemptions.
| ||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
10 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
11 | the following:
| ||||||
12 | (1) Peace officers, and any person summoned by a peace | ||||||
13 | officer to
assist in making arrests or preserving the | ||||||
14 | peace, while actually engaged in
assisting such officer.
| ||||||
15 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
16 | penitentiaries, jails and other institutions for the | ||||||
17 | detention of persons
accused or convicted of an offense, | ||||||
18 | while in the performance of their
official duty, or while | ||||||
19 | commuting between their homes and places of employment.
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard or the | ||||||
22 | Reserve Officers Training Corps,
while in the performance | ||||||
23 | of their official duty.
| ||||||
24 | (4) Special agents employed by a railroad or a public | ||||||
25 | utility to
perform police functions, and guards of armored |
| |||||||
| |||||||
1 | car companies, while
actually engaged in the performance of | ||||||
2 | the duties of their employment or
commuting between their | ||||||
3 | homes and places of employment; and watchmen
while actually | ||||||
4 | engaged in the performance of the duties of their | ||||||
5 | employment.
| ||||||
6 | (5) Persons licensed as private security contractors, | ||||||
7 | private
detectives, or private alarm contractors, or | ||||||
8 | employed by an agency
certified by the Department of | ||||||
9 | Professional Regulation, if their duties
include the | ||||||
10 | carrying of a weapon under the provisions of the Private
| ||||||
11 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
12 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
13 | in the performance of the duties of their employment or | ||||||
14 | commuting
between their homes and places of employment, | ||||||
15 | provided that such commuting
is accomplished within one | ||||||
16 | hour from departure from home or place of
employment, as | ||||||
17 | the case may be. Persons exempted under this subdivision
| ||||||
18 | (a)(5) shall be required to have completed a course of
| ||||||
19 | study in firearms handling and training approved and | ||||||
20 | supervised by the
Department of Professional Regulation as | ||||||
21 | prescribed by Section 28 of the
Private Detective, Private | ||||||
22 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
23 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
24 | The Department of Professional
Regulation shall provide | ||||||
25 | suitable documentation demonstrating the
successful | ||||||
26 | completion of the prescribed firearms training. Such
|
| |||||||
| |||||||
1 | documentation shall be carried at all times when such | ||||||
2 | persons are in
possession of a concealable weapon.
| ||||||
3 | (6) Any person regularly employed in a commercial or | ||||||
4 | industrial
operation as a security guard for the protection | ||||||
5 | of persons employed
and private property related to such | ||||||
6 | commercial or industrial
operation, while actually engaged | ||||||
7 | in the performance of his or her
duty or traveling between | ||||||
8 | sites or properties belonging to the
employer, and who, as | ||||||
9 | a security guard, is a member of a security force of
at | ||||||
10 | least 5 persons registered with the Department of | ||||||
11 | Professional
Regulation; provided that such security guard | ||||||
12 | has successfully completed a
course of study, approved by | ||||||
13 | and supervised by the Department of
Professional | ||||||
14 | Regulation, consisting of not less than 40 hours of | ||||||
15 | training
that includes the theory of law enforcement, | ||||||
16 | liability for acts, and the
handling of weapons. A person | ||||||
17 | shall be considered eligible for this
exemption if he or | ||||||
18 | she has completed the required 20
hours of training for a | ||||||
19 | security officer and 20 hours of required firearm
training, | ||||||
20 | and has been issued a firearm control card by
the | ||||||
21 | Department of Professional Regulation. Conditions for the | ||||||
22 | renewal of
firearm control cards issued under the | ||||||
23 | provisions of this Section
shall be the same as for those | ||||||
24 | cards issued under the provisions of the
Private Detective, | ||||||
25 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
26 | Locksmith Act of 2004. Such
firearm control card shall be |
| |||||||
| |||||||
1 | carried by the security guard at all
times when he or she | ||||||
2 | is in possession of a concealable weapon.
| ||||||
3 | (7) Agents and investigators of the Illinois | ||||||
4 | Legislative Investigating
Commission authorized by the | ||||||
5 | Commission to carry the weapons specified in
subsections | ||||||
6 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
7 | any investigation for the Commission.
| ||||||
8 | (8) Persons employed by a financial institution for the | ||||||
9 | protection of
other employees and property related to such | ||||||
10 | financial institution, while
actually engaged in the | ||||||
11 | performance of their duties, commuting between
their homes | ||||||
12 | and places of employment, or traveling between sites or
| ||||||
13 | properties owned or operated by such financial | ||||||
14 | institution, provided that
any person so employed has | ||||||
15 | successfully completed a course of study,
approved by and | ||||||
16 | supervised by the Department of Professional Regulation,
| ||||||
17 | consisting of not less than 40 hours of training which | ||||||
18 | includes theory of
law enforcement, liability for acts, and | ||||||
19 | the handling of weapons.
A person shall be considered to be | ||||||
20 | eligible for this exemption if he or
she has completed the | ||||||
21 | required 20 hours of training for a security officer
and 20 | ||||||
22 | hours of required firearm training, and has been issued a
| ||||||
23 | firearm control card by the Department of Professional | ||||||
24 | Regulation.
Conditions for renewal of firearm control | ||||||
25 | cards issued under the
provisions of this Section shall be | ||||||
26 | the same as for those issued under the
provisions of the |
| |||||||
| |||||||
1 | Private Detective, Private Alarm,
Private Security, | ||||||
2 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
3 | control card shall be carried by the person so
trained at | ||||||
4 | all times when such person is in possession of a | ||||||
5 | concealable
weapon. For purposes of this subsection, | ||||||
6 | "financial institution" means a
bank, savings and loan | ||||||
7 | association, credit union or company providing
armored car | ||||||
8 | services.
| ||||||
9 | (9) Any person employed by an armored car company to | ||||||
10 | drive an armored
car, while actually engaged in the | ||||||
11 | performance of his duties.
| ||||||
12 | (10) Persons who have been classified as peace officers | ||||||
13 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
14 | (11) Investigators of the Office of the State's | ||||||
15 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
16 | governors of the Office of the
State's Attorneys Appellate | ||||||
17 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
18 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
19 | (12) Special investigators appointed by a State's | ||||||
20 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
21 | (12.5) Probation officers while in the performance of | ||||||
22 | their duties, or
while commuting between their homes, | ||||||
23 | places of employment or specific locations
that are part of | ||||||
24 | their assigned duties, with the consent of the chief judge | ||||||
25 | of
the circuit for which they are employed.
| ||||||
26 | (13) Court Security Officers while in the performance |
| |||||||
| |||||||
1 | of their official
duties, or while commuting between their | ||||||
2 | homes and places of employment, with
the
consent of the | ||||||
3 | Sheriff.
| ||||||
4 | (13.5) A person employed as an armed security guard at | ||||||
5 | a nuclear energy,
storage, weapons or development site or | ||||||
6 | facility regulated by the Nuclear
Regulatory Commission | ||||||
7 | who has completed the background screening and training
| ||||||
8 | mandated by the rules and regulations of the Nuclear | ||||||
9 | Regulatory Commission.
| ||||||
10 | (14) Manufacture, transportation, or sale of weapons | ||||||
11 | to
persons
authorized under subdivisions (1) through | ||||||
12 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
14 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
15 | (1) Members of any club or organization organized for | ||||||
16 | the purpose of
practicing shooting at targets upon | ||||||
17 | established target ranges, whether
public or private, and | ||||||
18 | patrons of such ranges, while such members
or patrons are | ||||||
19 | using their firearms on those target ranges.
| ||||||
20 | (2) Duly authorized military or civil organizations | ||||||
21 | while parading,
with the special permission of the | ||||||
22 | Governor.
| ||||||
23 | (3) Hunters, trappers or fishermen with a license or
| ||||||
24 | permit while engaged in hunting,
trapping or fishing.
| ||||||
25 | (4) Transportation of weapons that are broken down in a
| ||||||
26 | non-functioning state or are not immediately accessible.
|
| |||||||
| |||||||
1 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
2 | gun or taser or other firearm on the land or in the legal | ||||||
3 | dwelling of another person as an invitee with that person's | ||||||
4 | permission. | ||||||
5 | (6) A licensee under the Family and Personal Protection | ||||||
6 | Act, notwithstanding Section 70 of that Act, if the | ||||||
7 | licensee meets the requirements of the Family and Personal | ||||||
8 | Protection Act. | ||||||
9 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
10 | of the
following:
| ||||||
11 | (1) Peace officers while in performance of their | ||||||
12 | official duties.
| ||||||
13 | (2) Wardens, superintendents and keepers of prisons, | ||||||
14 | penitentiaries,
jails and other institutions for the | ||||||
15 | detention of persons accused or
convicted of an offense.
| ||||||
16 | (3) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States
or the Illinois National Guard, while in | ||||||
18 | the performance of their official
duty.
| ||||||
19 | (4) Manufacture, transportation, or sale of machine | ||||||
20 | guns to persons
authorized under subdivisions (1) through | ||||||
21 | (3) of this subsection to
possess machine guns, if the | ||||||
22 | machine guns are broken down in a
non-functioning state or | ||||||
23 | are not immediately accessible.
| ||||||
24 | (5) Persons licensed under federal law to manufacture | ||||||
25 | any weapon from
which 8 or more shots or bullets can be | ||||||
26 | discharged by a
single function of the firing device, or |
| |||||||
| |||||||
1 | ammunition for such weapons, and
actually engaged in the | ||||||
2 | business of manufacturing such weapons or
ammunition, but | ||||||
3 | only with respect to activities which are within the lawful
| ||||||
4 | scope of such business, such as the manufacture, | ||||||
5 | transportation, or testing
of such weapons or ammunition. | ||||||
6 | This exemption does not authorize the
general private | ||||||
7 | possession of any weapon from which 8 or more
shots or | ||||||
8 | bullets can be discharged by a single function of the | ||||||
9 | firing
device, but only such possession and activities as | ||||||
10 | are within the lawful
scope of a licensed manufacturing | ||||||
11 | business described in this paragraph.
| ||||||
12 | During transportation, such weapons shall be broken | ||||||
13 | down in a
non-functioning state or not immediately | ||||||
14 | accessible.
| ||||||
15 | (6) The manufacture, transport, testing, delivery, | ||||||
16 | transfer or sale,
and all lawful commercial or experimental | ||||||
17 | activities necessary thereto, of
rifles, shotguns, and | ||||||
18 | weapons made from rifles or shotguns,
or ammunition for | ||||||
19 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
20 | person operating as a contractor or subcontractor pursuant | ||||||
21 | to a
contract or subcontract for the development and supply | ||||||
22 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
23 | United States government or any
branch of the Armed Forces | ||||||
24 | of the United States, when such activities are
necessary | ||||||
25 | and incident to fulfilling the terms of such contract.
| ||||||
26 | The exemption granted under this subdivision (c)(6)
|
| |||||||
| |||||||
1 | shall also apply to any authorized agent of any such | ||||||
2 | contractor or
subcontractor who is operating within the | ||||||
3 | scope of his employment, where
such activities involving | ||||||
4 | such weapon, weapons or ammunition are necessary
and | ||||||
5 | incident to fulfilling the terms of such contract.
| ||||||
6 | During transportation, any such weapon shall be broken | ||||||
7 | down in a
non-functioning state, or not immediately | ||||||
8 | accessible.
| ||||||
9 | (7) An active member of a bona fide, nationally | ||||||
10 | recognized military re-enacting group possessing a vintage | ||||||
11 | rifle or modern reproduction thereof with a barrel or | ||||||
12 | barrels less than 16 inches in length for the purpose of | ||||||
13 | using the rifle during historical re-enactments if: (A) the | ||||||
14 | person has been issued a Curios and Relics license from the | ||||||
15 | U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; | ||||||
16 | or (B) the modification is required and necessary to | ||||||
17 | accurately portray the weapon for historical re-enactment | ||||||
18 | purposes; the re-enactor is in possession of a valid and | ||||||
19 | current re-enacting group membership credential; and the | ||||||
20 | overall length of the weapon as modified is not less than | ||||||
21 | 26 inches. | ||||||
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. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||