Illinois General Assembly - Full Text of SB3846
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Full Text of SB3846  102nd General Assembly

SB3846 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3846

 

Introduced 1/21/2022, by Sen. Dale Fowler

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that the prohibition against a licensee carrying a firearm into any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government does not apply to any rest areas under the control of the Department of Transportation or to buildings located in rest areas under the control of the Department of Transportation. Eliminates a provision that a licensee shall not knowingly carry a firearm on any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds. Eliminates a provision that a licensee shall not knowingly carry a firearm in any public park, athletic area, or athletic facility under the control of a municipality or park district. Effective immediately.


LRB102 21942 RLC 31065 b

 

 

A BILL FOR

 

SB3846LRB102 21942 RLC 31065 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 preschool pre-school or child care
15    facility, including any room or portion of a building
16    under the control of a preschool pre-school or child care
17    facility. Nothing in this paragraph shall prevent the
18    operator of a child care facility in a family home from
19    owning or possessing a firearm in the home or license
20    under this Act, if no child under child care at the home is
21    present in the home or the firearm in the home is stored in
22    a locked container when a child under child care at the
23    home is present in the home.

 

 

SB3846- 2 -LRB102 21942 RLC 31065 b

1        (3) Any building, parking area, or portion of a
2    building under the control of an officer of the executive
3    or legislative branch of government, provided that nothing
4    in this paragraph shall prohibit a licensee from carrying
5    a concealed firearm onto the real property, bikeway, or
6    trail in a park regulated by the Department of Natural
7    Resources or any other designated public hunting area or
8    building where firearm possession is permitted as
9    established by the Department of Natural Resources under
10    Section 1.8 of the Wildlife Code. This paragraph does not
11    apply to any rest areas under the control of the
12    Department of Transportation or to buildings located in
13    rest areas under the control of the Department of
14    Transportation.
15        (4) Any building designated for matters before a
16    circuit court, appellate court, or the Supreme Court, or
17    any building or portion of a building under the control of
18    the Supreme Court.
19        (5) Any building or portion of a building under the
20    control of a unit of local government.
21        (6) Any building, real property, and parking area
22    under the control of an adult or juvenile detention or
23    correctional institution, prison, or jail.
24        (7) Any building, real property, and parking area
25    under the control of a public or private hospital or
26    hospital affiliate, mental health facility, or nursing

 

 

SB3846- 3 -LRB102 21942 RLC 31065 b

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

 

 

SB3846- 4 -LRB102 21942 RLC 31065 b

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

 

 

SB3846- 5 -LRB102 21942 RLC 31065 b

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

 

 

SB3846- 6 -LRB102 21942 RLC 31065 b

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

 

 

SB3846- 7 -LRB102 21942 RLC 31065 b

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

 

 

SB3846- 8 -LRB102 21942 RLC 31065 b

1shall adopt rules for standardized signs to be used under this
2subsection.
3(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.