Illinois General Assembly - Full Text of HB3406
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Full Text of HB3406  102nd General Assembly

HB3406 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3406

 

Introduced 2/22/2021, by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Eliminates provision that a licensee under the Act shall not knowingly carry a firearm on any real property under the control of the Cook County Forest Preserve District. Effective immediately.


LRB102 14954 RLC 20309 b

 

 

A BILL FOR

 

HB3406LRB102 14954 RLC 20309 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area
11    under the control of a public or private elementary or
12    secondary school.
13        (2) Any building, real property, and parking area
14    under the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in
17    this paragraph shall prevent the operator of a child care
18    facility in a family home from owning or possessing a
19    firearm in the home or license under this Act, if no child
20    under child care at the home is present in the home or the
21    firearm in the home is stored in a locked container when a
22    child under child care at the home is present in the home.
23        (3) Any building, parking area, or portion of a

 

 

HB3406- 2 -LRB102 14954 RLC 20309 b

1    building under the control of an officer of the executive
2    or legislative branch of government, provided that nothing
3    in this paragraph shall prohibit a licensee from carrying
4    a concealed firearm onto the real property, bikeway, or
5    trail in a park regulated by the Department of Natural
6    Resources or any other designated public hunting area or
7    building where firearm possession is permitted as
8    established by the Department of Natural Resources under
9    Section 1.8 of the Wildlife Code.
10        (4) Any building designated for matters before a
11    circuit court, appellate court, or the Supreme Court, or
12    any building or portion of a building under the control of
13    the Supreme Court.
14        (5) Any building or portion of a building under the
15    control of a unit of local government.
16        (6) Any building, real property, and parking area
17    under the control of an adult or juvenile detention or
18    correctional institution, prison, or jail.
19        (7) Any building, real property, and parking area
20    under the control of a public or private hospital or
21    hospital affiliate, mental health facility, or nursing
22    home.
23        (8) Any bus, train, or form of transportation paid for
24    in whole or in part with public funds, and any building,
25    real property, and parking area under the control of a
26    public transportation facility paid for in whole or in

 

 

HB3406- 3 -LRB102 14954 RLC 20309 b

1    part with public funds.
2        (9) Any building, real property, and parking area
3    under the control of an establishment that serves alcohol
4    on its premises, if more than 50% of the establishment's
5    gross receipts within the prior 3 months is from the sale
6    of alcohol. The owner of an establishment who knowingly
7    fails to prohibit concealed firearms on its premises as
8    provided in this paragraph or who knowingly makes a false
9    statement or record to avoid the prohibition on concealed
10    firearms under this paragraph is subject to the penalty
11    under subsection (c-5) of Section 10-1 of the Liquor
12    Control Act of 1934.
13        (10) Any public gathering or special event conducted
14    on property open to the public that requires the issuance
15    of a permit from the unit of local government, provided
16    this prohibition shall not apply to a licensee who must
17    walk through a public gathering in order to access his or
18    her residence, place of business, or vehicle.
19        (11) Any building or real property that has been
20    issued a Special Event Retailer's license as defined in
21    Section 1-3.17.1 of the Liquor Control Act during the time
22    designated for the sale of alcohol by the Special Event
23    Retailer's license, or a Special use permit license as
24    defined in subsection (q) of Section 5-1 of the Liquor
25    Control Act during the time designated for the sale of
26    alcohol by the Special use permit license.

 

 

HB3406- 4 -LRB102 14954 RLC 20309 b

1        (12) Any public playground.
2        (13) Any public park, athletic area, or athletic
3    facility under the control of a municipality or park
4    district, provided nothing in this Section shall prohibit
5    a licensee from carrying a concealed firearm while on a
6    trail or bikeway if only a portion of the trail or bikeway
7    includes a public park.
8        (14) (Blank). Any real property under the control of
9    the Cook County Forest Preserve District.
10        (15) Any building, classroom, laboratory, medical
11    clinic, hospital, artistic venue, athletic venue,
12    entertainment venue, officially recognized
13    university-related organization property, whether owned or
14    leased, and any real property, including parking areas,
15    sidewalks, and common areas under the control of a public
16    or private community college, college, or university.
17        (16) Any building, real property, or parking area
18    under the control of a gaming facility licensed under the
19    Illinois Gambling Act or the Illinois Horse Racing Act of
20    1975, including an inter-track wagering location licensee.
21        (17) Any stadium, arena, or the real property or
22    parking area under the control of a stadium, arena, or any
23    collegiate or professional sporting event.
24        (18) Any building, real property, or parking area
25    under the control of a public library.
26        (19) Any building, real property, or parking area

 

 

HB3406- 5 -LRB102 14954 RLC 20309 b

1    under the control of an airport.
2        (20) Any building, real property, or parking area
3    under the control of an amusement park.
4        (21) Any building, real property, or parking area
5    under the control of a zoo or museum.
6        (22) Any street, driveway, parking area, property,
7    building, or facility, owned, leased, controlled, or used
8    by a nuclear energy, storage, weapons, or development site
9    or facility regulated by the federal Nuclear Regulatory
10    Commission. The licensee shall not under any circumstance
11    store a firearm or ammunition in his or her vehicle or in a
12    compartment or container within a vehicle located anywhere
13    in or on the street, driveway, parking area, property,
14    building, or facility described in this paragraph.
15        (23) Any area where firearms are prohibited under
16    federal law.
17    (a-5) Nothing in this Act shall prohibit a public or
18private community college, college, or university from:
19        (1) prohibiting persons from carrying a firearm within
20    a vehicle owned, leased, or controlled by the college or
21    university;
22        (2) developing resolutions, regulations, or policies
23    regarding student, employee, or visitor misconduct and
24    discipline, including suspension and expulsion;
25        (3) developing resolutions, regulations, or policies
26    regarding the storage or maintenance of firearms, which

 

 

HB3406- 6 -LRB102 14954 RLC 20309 b

1    must include designated areas where persons can park
2    vehicles that carry firearms; and
3        (4) permitting the carrying or use of firearms for the
4    purpose of instruction and curriculum of officially
5    recognized programs, including but not limited to military
6    science and law enforcement training programs, or in any
7    designated area used for hunting purposes or target
8    shooting.
9    (a-10) The owner of private real property of any type may
10prohibit the carrying of concealed firearms on the property
11under his or her control. The owner must post a sign in
12accordance with subsection (d) of this Section indicating that
13firearms are prohibited on the property, unless the property
14is a private residence.
15    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
16this Section except under paragraph (22) or (23) of subsection
17(a), any licensee prohibited from carrying a concealed firearm
18into the parking area of a prohibited location specified in
19subsection (a), (a-5), or (a-10) of this Section shall be
20permitted to carry a concealed firearm on or about his or her
21person within a vehicle into the parking area and may store a
22firearm or ammunition concealed in a case within a locked
23vehicle or locked container out of plain view within the
24vehicle in the parking area. A licensee may carry a concealed
25firearm in the immediate area surrounding his or her vehicle
26within a prohibited parking lot area only for the limited

 

 

HB3406- 7 -LRB102 14954 RLC 20309 b

1purpose of storing or retrieving a firearm within the
2vehicle's trunk. For purposes of this subsection, "case"
3includes a glove compartment or console that completely
4encloses the concealed firearm or ammunition, the trunk of the
5vehicle, or a firearm carrying box, shipping box, or other
6container.
7    (c) A licensee shall not be in violation of this Section
8while he or she is traveling along a public right of way that
9touches or crosses any of the premises under subsection (a),
10(a-5), or (a-10) of this Section if the concealed firearm is
11carried on his or her person in accordance with the provisions
12of this Act or is being transported in a vehicle by the
13licensee in accordance with all other applicable provisions of
14law.
15    (d) Signs stating that the carrying of firearms is
16prohibited shall be clearly and conspicuously posted at the
17entrance of a building, premises, or real property specified
18in this Section as a prohibited area, unless the building or
19premises is a private residence. Signs shall be of a uniform
20design as established by the Department and shall be 4 inches
21by 6 inches in size. The Department shall adopt rules for
22standardized signs to be used under this subsection.
23(Source: P.A. 101-31, eff. 6-28-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.