Illinois General Assembly - Full Text of HB0154
Illinois General Assembly

Previous General Assemblies

Full Text of HB0154  98th General Assembly




State of Illinois
2013 and 2014


Introduced 1/14/2013, by Rep. David Reis


See Index

    Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to carry a loaded or unloaded handgun to an applicant that meets specified qualifications, has provided the application and specified documentation, and has submitted the requisite fees. Provides that a license to carry a handgun entitles a licensee to carry a loaded handgun, either concealed or openly, on or about his or her person or in a vehicle, except in certain prohibited locations. Provides that the license shall be issued by the Department of State Police within 45 days of receipt from a sheriff and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides for home rule preemption. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act and the Criminal Code of 2012 to make conforming changes. Effective immediately.

LRB098 03893 RLC 33911 b






HB0154LRB098 03893 RLC 33911 b

1    AN ACT concerning firearms.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Family
5and Personal Protection Act.
6    Section 10. Definitions. As used in this Act:
7    "Concealed firearm" means a loaded or unloaded handgun
8carried on or about a person completely or mostly concealed
9from view of the public, or carried in a vehicle in such a way
10as 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
15    "Handgun" means any device which is designed to expel a
16projectile or projectiles by the action of an explosion,
17expansion of gas, or escape of gas that is designed to be held
18and fired by the use of a single hand, and includes a
19combination 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
22Police to carry a loaded or unloaded concealed firearm.
23    "Licensee" means a person issued a license to carry a



HB0154- 2 -LRB098 03893 RLC 33911 b

1concealed firearm.
2    "Peace officer" means (i) any person who by virtue of his
3or her office or public employment is vested by law with a duty
4to maintain public order and to make arrests for offenses,
5whether that duty extends to all offenses or is limited to
6specific offenses, or (ii) any person who, by statute, is
7granted and authorized to exercise powers similar to those
8conferred upon any peace officer employed by a law enforcement
9agency of this State. The term "peace officer" does not apply
10to an alderman acting as a conservator of the peace under
11Section 3.1-15-25 of the Illinois Municipal Code.
12    Section 15. Citizen Safety and Self-Defense Trust Fund.
13Fees from applications for licenses shall be deposited into the
14Citizen Safety and Self-Defense Trust Fund, a special fund that
15is created in the State treasury. Moneys in the Fund may be
16invested and any income from investments shall be deposited
17into the Fund. Subject to appropriation, moneys in the Fund
18shall exclusively be used to assist the Department with the
19administrative costs associated with this Act.
20    Section 20. Issuance of licenses to carry a concealed
22    (a) The Department shall issue a license to an applicant
23who (i) meets the qualifications of Section 25; (ii) has
24provided the application and documentation required in Section



HB0154- 3 -LRB098 03893 RLC 33911 b

130; and (iii) has submitted the requisite fees. The Department
2shall issue a renewal, corrected, or duplicate license in
3accordance with this Act.
4    (a-5) A licensee shall possess a license at all times the
5licensee carries a concealed firearm except (i) if the person
6is carrying or possessing a concealed firearm and the person is
7on his or her land or in his or her abode or legal dwelling or
8in the abode or legal dwelling of another person as an invitee
9with that person's permission; (ii) if the person is authorized
10to carry a firearm under Section 24-2 of the Criminal Code of
112012; or (iii) the handgun is broken down in a non-functioning
12state, is not immediately accessible, or is enclosed in a case,
13firearm carrying box, shipping box, or other container.
14    (a-10) A licensee shall display the license upon the
15request of a peace officer or person designated to enforce the
16provisions of Section 70.
17    (b) The Department shall make applications for a license
18available no later than 90 days after the effective date of
19this Act. Applications shall be available at Department
20locations, sheriff offices, on the Department's official
21website, and any other location designated by the Department.
22    (c) A completed application for a license shall be
23submitted to the office of the sheriff of the county in which
24the applicant resides with all accompanying materials and fees.
25The sheriff shall review the application and submit a completed
26application, all accompanying materials, and the application



HB0154- 4 -LRB098 03893 RLC 33911 b

1fee to the Department within 30 days of receipt. The sheriff
2shall promptly return an incomplete application to the
3applicant. Each applicant for a license shall submit a $65
4application fee, of which $25 shall be retained by the sheriff
5for expenses related to receiving and reviewing applications,
6and $40 shall be submitted to the Department and deposited into
7the Citizen Safety and Self Defense Trust Fund. The sheriff may
8require an applicant to submit the fee in 2 portions: (1) $25
9payable to the sheriff, and (2) $40 payable to the Department.
10    (d) A sheriff may submit an objection to an application,
11provided the objection is in writing, includes specific reasons
12for the objection, and is submitted with the application. Upon
13request of a municipal police department, the sheriff shall
14notify the department of the name, address, and date of birth
15of any person submitting an application for a license. The
16municipal police department may submit to the sheriff
17information deemed to be relevant to the application, and the
18sheriff may consider that information when determining whether
19to submit an objection. Any objection submitted by a sheriff,
20including reports submitted to a sheriff by a municipal police
21department, must be disclosed to the applicant unless
22disclosure would interfere with a criminal investigation, or as
23determined by the Department, disclosure may threaten the
24safety or welfare of the sheriff or municipal police
26    (e) Notwithstanding subsection (a), the Department may



HB0154- 5 -LRB098 03893 RLC 33911 b

1consider any objection or recommendation made by the sheriff
2and may determine the applicant is ineligible based solely on
3those objections. If the applicant is found by the Department
4to be ineligible, the Department shall deny the application and
5notify the applicant and the sheriff in writing, stating the
6grounds for denial. The notice of denial must inform the
7applicant that he or she may, within 30 days, appeal the denial
8and submit additional materials relevant to the grounds for
9denial. Upon receiving the additional documentation, the
10Department shall reconsider its decision and inform the
11applicant within 30 days of the result of the reconsideration.
12If upon reconsideration the Department denies the application,
13the applicant must be informed of the right to administrative
15    (f) During an administrative or judicial review of a denial
16based on subsection (d) or (e) of this Section, the Department
17shall have the burden of proving by clear and convincing
18evidence that the applicant would pose a danger to the
19applicant's self, another, or public safety, or would use a
20firearm unlawfully, if granted a license to carry a concealed
21firearm under this Act.
22    (g) The license shall be issued by the Department within 45
23days of receipt of a completed application from a sheriff. A
24license shall be valid throughout the State for a period of 5
25years. If the Department does not act on the application within
26the 45-day period, the applicant may file, in the circuit court



HB0154- 6 -LRB098 03893 RLC 33911 b

1of the judicial circuit in which the applicant resides, a
2complaint for mandamus to compel a decision on the application.
3    (h) The Department shall promulgate rules to implement the
4provisions of this Section.
5    Section 25. Qualifications of an applicant for a license.
6The Department shall issue a license to an applicant completing
7an application in accordance with Section 30 of this Act if the
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



HB0154- 7 -LRB098 03893 RLC 33911 b

1            (ii) 2 or more convictions for driving while under
2        the influence or driving while intoxicated; and
3        (f) has completed firearms training and any
4    educational component required in Section 85 of this Act.
5    Section 30. Contents of application.
6    (a) The application shall be in writing, under oath and
7penalty of perjury, on a standard form promulgated by the
8Department and shall be accompanied by the documentation
9required in this Section and all applicable fees.
10    (b) The application shall contain the following
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



HB0154- 8 -LRB098 03893 RLC 33911 b

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 2012;
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



HB0154- 9 -LRB098 03893 RLC 33911 b

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
7and shoulder color photograph in a size specified by the
8Department that was taken within the 30 days preceding the date
9of the application. The applicant shall consent to the
10Department reviewing and using the applicant's digital
11driver's license or Illinois Identification Card photograph
12and signature, if available. The Secretary of State shall allow
13the Department access to the photograph and signature for the
14purpose of identifying the applicant and issuing the applicant
15a license.
16    (d) A person applying for a license shall submit with an
17application a full set of legible fingerprints. Fingerprinting
18may be administered by the Department or any other federal,
19State, county, or municipal police department or private vendor
20or company. The cost of fingerprinting shall be paid by the
21applicant, provided that the Department or law enforcement
22agency may charge no more than $25 for a single set of
23fingerprints. The Department shall accept a hard copy or
24electronic version of the fingerprints.
25    (e) A person applying for a license shall submit a
26photocopy of a certificate or other evidence of completion of a



HB0154- 10 -LRB098 03893 RLC 33911 b

1course to show compliance with Section 85 of this Act.
2    (f) The Department is authorized to establish a system for
3electronically submitting applications, including applications
4for renewal or a replacement license.
5    Section 35. Database of applicants and licensees.
6     (a) The Department shall maintain a database of applicants
7for a license and licenses. The database shall be available to
8all Illinois law enforcement agencies, State's Attorneys, and
9the Attorney General. Members and staff of the judiciary may
10access the database for the purpose of determining whether to
11confiscate a license or to ensure compliance with this Act or
12any other law. The database shall be searchable and provide all
13information included in the application, a photo of the
14applicant or licensee, and any information related to
15violations of this Act. Individual law enforcement agencies
16shall not maintain a separate, searchable database of
17applicants and licensees containing information included in
18the database.
19    (b) The Department shall make available on its website and
20upon request under the Freedom of Information Act statistical
21information about the number of licenses issued by county, age,
22race, or gender. The report shall be updated monthly. Except as
23provided in this subsection, applications and information in
24the database shall be confidential and exempt from disclosure
25under the Freedom of Information Act. The Department may answer



HB0154- 11 -LRB098 03893 RLC 33911 b

1requests to confirm or deny whether a person has been issued a
2license as part of inquiries dealing with a criminal
3investigation. Individual law enforcement agencies, State's
4Attorneys, the Attorney General, members of the judiciary, and
5judicial staff shall sign a confidentiality agreement,
6prepared by the Department, prior to receiving access to the
7database. No law enforcement agency, State's Attorney, the
8Attorney General, or member or staff of the judiciary, other
9than the Department, shall provide any information to a
10requester not entitled to it by law, except as required or
11necessary for the conduct of a criminal investigation.
12    Section 40. Suspension or revocation of a license.
13    (a) A license issued or renewed under this Act shall be
14revoked if, at any time, the licensee is found ineligible for a
15license based on the criteria set forth in Section 25 of this
16Act or the licensee no longer possesses a Firearm Owner's
17Identification Card or a non-resident licensee if his or her
18home state has revoked a license to carry a firearm. A license
19shall not be revoked unless the revocation is for reasons
20specifically authorized by this Act. This subsection shall not
21apply to a person who has filed an application with the State
22Police for renewal of a Firearm Owner's Identification Card and
23who is not otherwise ineligible to obtain a Firearm Owner's
24Identification Card.
25    (b) A license shall be suspended if an order of protection



HB0154- 12 -LRB098 03893 RLC 33911 b

1under Section 112A-14 of the Code of Criminal Procedure of 1963
2or under Section 214 of the Illinois Domestic Violence Act of
31986 is issued against a licensee. The license shall be
4suspended for the duration of the order or until the order is
5terminated by a court and the Department shall not reissue or
6renew a license for the duration of the order or until the
7order is terminated. If an order of protection is issued
8against a licensee, the licensee shall surrender the license,
9as applicable, to the court at the time the order is entered or
10to the law enforcement agency or entity designated to serve
11process at the time the licensee is served the order. The
12court, law enforcement agency, or entity responsible for
13serving the order shall transmit the license to the Department.
14    (c) The Department may suspend a license for a violation of
15Section 70 of this Act in accordance with subsection (i) of
16Section 70.
17    (d) A license shall be invalid upon expiration of the
18license, unless the licensee has submitted an application to
19renew the license. A person who fails to renew his or her
20license within 6 months after its expiration must reapply for a
21new license and pay the fee for a new application.
22    (e) The Department may suspend a license for up to 90 days
23if a licensee fails to submit a change of address or name or
24fails to report a lost or destroyed license to the Department
25within 60 days of the discovery of the loss or destruction of
26the license.



HB0154- 13 -LRB098 03893 RLC 33911 b

1    Section 45. Renewal of license.
2    (a) Not later than 120 days before the expiration of any
3license issued under this Act, the Department shall notify the
4licensee in writing of the expiration and furnish an
5application for renewal of the license or make the application
6available on-line.
7    (b) Applications for renewal of a license shall be made
8directly to the Department. A license shall be renewed for a
9period of 5 years upon receipt of a completed renewal
10application and a $25 renewal fee. The renewal application
11shall contain the information required in Section 30, except
12that the applicant need not resubmit a full set of
13fingerprints. An applicant for a renewal shall submit, on a
14form prescribed by the Department, proof that the applicant (i)
15has participated in at least one shooting competition with a
16handgun within 6 months of the application for renewal, (ii)
17has completed an equivalent range exercise as prescribed in
18Section 85 and attested to by any instructor qualified under
19this Act, a certified law enforcement instructor, or NRA
20certified instructor or (iii) has completed Firearms
21Instructor Training under Section 90. The Department shall make
22the range recertification form available on its website or as
23part of a renewal application.
24    Section 50. Change of address, change of name, or lost or



HB0154- 14 -LRB098 03893 RLC 33911 b

1destroyed licenses.
2    (a) The licensee shall notify the Department within 60 days
3of: (i) moving or changing a residence or any change of name;
4or (ii) the discovery of the loss or destruction of a license.
5    (b) If a licensee changes residence within this State or
6changes his or her name, the licensee shall request a new
7license. The licensee shall submit a $25 fee, a notarized
8statement that the licensee has changed residence or his or her
9name, and a photograph as required in Section 30 of this Act.
10The statement must include the prior and current address or
11name and the date the applicant moved or changed his or her
13    (c) A lost or destroyed license shall be invalid. To
14request a new license, the licensee shall submit (i) a $25 fee,
15(ii) a notarized statement that the licensee no longer
16possesses the license and that it was lost or destroyed, (iii)
17a copy of a police report stating that the license was lost,
18destroyed, or stolen, and (iv) a photograph as required in
19Section 30 of this Act.
20    Section 65. Non-resident applications. A person from
21another state or territory of the United States may apply for a
22non-resident license. The applicant shall apply to the
23Department and must meet the qualifications established in
24Section 25. The applicant shall submit (i) the application and
25documentation required in Section 30; (ii) a notarized document



HB0154- 15 -LRB098 03893 RLC 33911 b

1stating the applicant (A) is eligible under federal law and the
2laws of his or her home state to possess a firearm, (B) if
3applicable, has a license or permit to carry a firearm or
4concealed firearm issued by his or her home state and that a
5copy is attached to the application, (C) is familiar with
6Illinois laws pertaining to the possession and transport of
7firearms, and (D) acknowledges that the applicant is subject to
8the jurisdiction of the Department and Illinois courts for any
9violation of this Act; and (iii) a $65 application fee. In lieu
10of an Illinois State driver's license or identification card,
11he or she shall provide similar documentation from his or her
12state or territory.
13    Section 70. Restrictions.
14    (a) No license issued under this Act shall authorize any
15person 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



HB0154- 16 -LRB098 03893 RLC 33911 b

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



HB0154- 17 -LRB098 03893 RLC 33911 b

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
22college, university, or post-secondary educational institution
23may prohibit or limit licensees from carrying a firearm into or
24within any building or portion of any building owned, leased,
25or controlled by the municipality, school district, or public
26or private college, university, or other post-secondary



HB0154- 18 -LRB098 03893 RLC 33911 b

1educational institution by a majority vote of the members of
2its legislative body or governing board. The resolution,
3ordinance, or policy shall not prohibit a licensee from
4carrying a concealed firearm into or within any building used
5for public housing; into or within any publicly-accessible
6restroom or rest stop; into, within, or on any bridge, tunnel,
7overpass, underpass, elevated walkway, or other structure used
8as a public right of way; or into or within any
9publicly-accessible parking facility. The resolution,
10ordinance, or policy shall not prohibit a licensee from
11carrying a concealed firearm in a public transportation
12facility or while accessing the services of a public
13transportation agency, including while traveling via public
14transportation. For purposes of this Section, "public
15transportation agency" means a public or private agency, or any
16combination thereof, that provides for the transportation or
17conveyance of persons by means available to the general public,
18except taxicabs, livery cabs, or limousines. Violators of the
19resolution or ordinance may be removed from the premises and
20assessed a civil fine of up to $100.
21    (c) The owner, business or commercial lessee, or manager of
22a private business enterprise, or any other private
23organization, entity, or person, may prohibit licensees from
24carrying a concealed firearm on the premises under its control.
25However, a private landlord of a residential or commercial
26property shall not prohibit any lessee from possessing or



HB0154- 19 -LRB098 03893 RLC 33911 b

1carrying a firearm in accordance with this Act in or on the
2leased premises or during ingress or egress of the leased
3premises. The owner, business or commercial lessee, or manager
4of a private business enterprise or any other private
5organization, entity, or person who allows the carrying of a
6firearm by a licensee shall not be liable for any act of the
7licensee that arises out of the licensee carrying a firearm.
8    (c-1) The Governor, Lieutenant Governor, Attorney General,
9Secretary of State, Comptroller, or Treasurer may prohibit
10licensees from carrying a handgun in buildings under their
12    (d) Any person licensed under this Act who is prohibited
13from carrying a concealed firearm into a building by the
14provisions of subsection (a) or under an ordinance, resolution,
15or policy adopted in accordance with subsection (b) or (c)
16shall be permitted to store that firearm or ammunition out of
17plain sight in his or her locked vehicle or in a locked
18compartment or container within or securely affixed to the
19outside of the vehicle. A licensee shall not be in violation of
20this Section while he or she is traversing a public right of
21way that touches or crosses any of the premises specified in
22subsection (a) or from which firearms are prohibited under the
23provisions of subsection (b) or (c), provided that the firearm
24is carried on his or her person in accordance with this Act or
25is being transported in a firearm in accordance with applicable
26law. A licensee shall not be in violation of subsection (b) or



HB0154- 20 -LRB098 03893 RLC 33911 b

1(c) if the responsible party for the premises fails
2conspicuously to post notice of the prohibition at all public
3entrances to the building in accordance with subsection (g).
4    (e) If a law enforcement officer initiates an investigative
5stop, including but not limited to a traffic stop, of a
6licensee who is carrying a concealed firearm, the licensee
7shall immediately disclose to the officer that he or she is in
8possession of a concealed firearm pursuant to this Act.
9Disclosure may be accomplished by oral notification or by
10providing or displaying the license to carry a concealed
11firearm to the officer.
12    (f) A licensee shall not carry a concealed firearm while
13under the influence of illegal drugs or hallucinogenic drugs or
14alcohol. For the purposes of this subsection (f), under the
15influence of alcohol means a blood alcohol content of .08 or
17    (g) Signs stating that the carrying of a concealed firearm
18is prohibited shall be clearly and conspicuously posted at
19every entrance of a building or premises specified in
20subsection (a) or designated in accordance with subsection (b)
21or (c). The Department shall promulgate rules for standardized
22signs 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
26may require a licensee to pay a $75 fee, in addition to any



HB0154- 21 -LRB098 03893 RLC 33911 b

1other fees or court costs, for a violation of subsection (e).
2    (i) The Department may suspend a license for up to 30 days
3for a second violation of subsection (a), (b), (c), (d), (e),
4or (f) or up to 180 days for a willful violation of subsection
5(a), (b), (c), (d), (e), or (f). The Department may permanently
6revoke a license for 3 or more violations of this Section.
7    Section 75. Immunity, employees, and agents. The office of
8the county sheriff, or any employee or agent of the county
9sheriff, or the Department of State Police shall not be liable
10for damages in any civil action arising from alleged wrongful
11or improper granting, renewing, or failure to revoke licenses
12issued under this Act, except for willful or wanton misconduct.
13The office of the county sheriff and any employees or agents
14shall not be liable for submitting specific or articulable
15reasons why an applicant should be denied a license, unless the
16objection contains false, malicious, or inaccurate information
17and the objection constituted willful and wanton misconduct.
18Any owner, business or commercial lessee, landlord, manager of
19a private business enterprise, employer, or any other
20organization, entity, person, public or private college,
21university, or post-secondary educational institution that
22does not prohibit licensees from carrying concealed firearms on
23property it owns or occupies is immune from any liability
24arising from its decision.



HB0154- 22 -LRB098 03893 RLC 33911 b

1    Section 80. Fees.
2    (a) Fees collected under this Act by the Department and
3deposited into the Citizen Safety and Self-Defense Trust Fund
4shall 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
12statistical report to the Governor, the President of the
13Senate, and the Speaker of the House of Representatives
14indicating the number of licenses issued, revoked, suspended,
15denied, and issued after appeal since the last report and in
16total and also the number of licenses currently valid. The
17report shall also include the number of arrests and convictions
18and the types of crimes committed by licensees since the last
20    (d) The Secretary of State shall conduct a study to
21determine the cost and feasibility of creating a method of
22adding an identifiable code, background, or other means to show
23that an individual has been issued a license by the Department
24on the person's driver's license.
25    Section 85. Applicant training.



HB0154- 23 -LRB098 03893 RLC 33911 b

1    (a) Applicants shall provide proof of completion of at
2least 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
15certified instructor that the applicant passed a live fire
16exercise 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
22handgun and factory-loaded ammunition.
23    (b-6) Grades of "passing" shall not be given on range work
24to an applicant who:
25        (A) does not follow the orders of the certified
26    firearms instructor;



HB0154- 24 -LRB098 03893 RLC 33911 b

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
8qualified firearms instructor's discretion, be divided into
9segments of not less than 2 hours each.
10    (d) Applicant training courses shall not be open to anyone
11under the age of 16 and no certificate of completion shall be
12issued to persons less than 20 years of age.
13    (e) Instructors shall maintain all records for students'
14performance 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
24    (h) An applicant training course shall not have more than
2540 students in the classroom portion nor more than 5 students
26per range officer engaged in range firing.



HB0154- 25 -LRB098 03893 RLC 33911 b

1    (i) Persons with the following training or certifications
2are exempt from the requirements of subsection (a) of this
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
15Act, the Department shall establish a registry of instructors
16who are eligible to teach courses or sign off on range
17qualifications, or both, to meet the requirements of Section 85
18of this Act.
19    (b) Instructors who are eligible to teach courses and
20certify range qualifications shall have one of the following
21valid firearms instructor certifications:
22        (1) National Rifle Association Personal Protection
23    Instructor;
24        (2) National Rifle Association Pistol Marksmanship
25    Instructor;



HB0154- 26 -LRB098 03893 RLC 33911 b

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
9certify range qualifications shall be at least 21 years of age
10and possess at least a high school diploma or GED certificate.
11    (d) An applicant may have his or her instructor
12qualification 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
20this State that it is an exclusive power and function of the
21State to regulate the possession and transportation of handguns
22and the issuance of licenses to carry a concealed firearm.
23Except as provided in subsection (b) of Section 70, a home rule
24unit shall not regulate the possession or transportation of
25handguns. A home rule unit shall not regulate the number of



HB0154- 27 -LRB098 03893 RLC 33911 b

1handguns or require registration of handguns possessed by a
2person licensed under this Act. This Section is a denial of
3home rule powers and functions under subsection (i) of Section
46 of Article VII of the Illinois Constitution.
5    Section 100. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
7    Section 900. The Freedom of Information Act is amended by
8changing Section 7.5 as follows:
9    (5 ILCS 140/7.5)
10    Sec. 7.5. Statutory Exemptions. To the extent provided for
11by the statutes referenced below, the following shall be exempt
12from inspection and copying:
13    (a) All information determined to be confidential under
14Section 4002 of the Technology Advancement and Development Act.
15    (b) Library circulation and order records identifying
16library users with specific materials under the Library Records
17Confidentiality Act.
18    (c) Applications, related documents, and medical records
19received by the Experimental Organ Transplantation Procedures
20Board and any and all documents or other records prepared by
21the Experimental Organ Transplantation Procedures Board or its
22staff relating to applications it has received.
23    (d) Information and records held by the Department of



HB0154- 28 -LRB098 03893 RLC 33911 b

1Public Health and its authorized representatives relating to
2known or suspected cases of sexually transmissible disease or
3any information the disclosure of which is restricted under the
4Illinois Sexually Transmissible Disease Control Act.
5    (e) Information the disclosure of which is exempted under
6Section 30 of the Radon Industry Licensing Act.
7    (f) Firm performance evaluations under Section 55 of the
8Architectural, Engineering, and Land Surveying Qualifications
9Based Selection Act.
10    (g) Information the disclosure of which is restricted and
11exempted under Section 50 of the Illinois Prepaid Tuition Act.
12    (h) Information the disclosure of which is exempted under
13the State Officials and Employees Ethics Act, and records of
14any lawfully created State or local inspector general's office
15that would be exempt if created or obtained by an Executive
16Inspector General's office under that Act.
17    (i) Information contained in a local emergency energy plan
18submitted to a municipality in accordance with a local
19emergency energy plan ordinance that is adopted under Section
2011-21.5-5 of the Illinois Municipal Code.
21    (j) Information and data concerning the distribution of
22surcharge moneys collected and remitted by wireless carriers
23under the Wireless Emergency Telephone Safety Act.
24    (k) Law enforcement officer identification information or
25driver identification information compiled by a law
26enforcement agency or the Department of Transportation under



HB0154- 29 -LRB098 03893 RLC 33911 b

1Section 11-212 of the Illinois Vehicle Code.
2    (l) Records and information provided to a residential
3health care facility resident sexual assault and death review
4team or the Executive Council under the Abuse Prevention Review
5Team Act.
6    (m) Information provided to the predatory lending database
7created pursuant to Article 3 of the Residential Real Property
8Disclosure Act, except to the extent authorized under that
10    (n) Defense budgets and petitions for certification of
11compensation and expenses for court appointed trial counsel as
12provided under Sections 10 and 15 of the Capital Crimes
13Litigation Act. This subsection (n) shall apply until the
14conclusion of the trial of the case, even if the prosecution
15chooses not to pursue the death penalty prior to trial or
17    (o) Information that is prohibited from being disclosed
18under Section 4 of the Illinois Health and Hazardous Substances
19Registry Act.
20    (p) Security portions of system safety program plans,
21investigation reports, surveys, schedules, lists, data, or
22information compiled, collected, or prepared by or for the
23Regional Transportation Authority under Section 2.11 of the
24Regional Transportation Authority Act or the St. Clair County
25Transit District under the Bi-State Transit Safety Act.
26    (q) Information prohibited from being disclosed by the



HB0154- 30 -LRB098 03893 RLC 33911 b

1Personnel Records Review Act.
2    (r) Information prohibited from being disclosed by the
3Illinois School Student Records Act.
4    (s) Information the disclosure of which is restricted under
5Section 5-108 of the Public Utilities Act.
6    (t) All identified or deidentified health information in
7the form of health data or medical records contained in, stored
8in, submitted to, transferred by, or released from the Illinois
9Health Information Exchange, and identified or deidentified
10health information in the form of health data and medical
11records of the Illinois Health Information Exchange in the
12possession of the Illinois Health Information Exchange
13Authority due to its administration of the Illinois Health
14Information Exchange. The terms "identified" and
15"deidentified" shall be given the same meaning as in the Health
16Insurance Accountability and Portability Act of 1996, Public
17Law 104-191, or any subsequent amendments thereto, and any
18regulations promulgated thereunder.
19    (u) Records and information provided to an independent team
20of experts under Brian's Law.
21    (v) Names and information of people who have applied for or
22received Firearm Owner's Identification Cards under the
23Firearm Owners Identification Card Act.
24    (w) Personally identifiable information which is exempted
25from disclosure under subsection (g) of Section 19.1 of the
26Toll Highway Act.



HB0154- 31 -LRB098 03893 RLC 33911 b

1    (x) Information which is exempted from disclosure under
2Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
3Illinois Municipal Code.
4    (y) Information maintained by the Department of State
5Police in accordance with subsection (a) of Section 35 of the
6Family and Personal Protection Act, except as authorized by
7that Act.
8(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
996-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
108-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
11eff. 1-1-13.)
12    Section 905. The State Finance Act is amended by adding
13Section 5.826 as follows:
14    (30 ILCS 105/5.826 new)
15    Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.
16    Section 910. The Criminal Code of 2012 is amended by
17changing Sections 21-6 and 24-2 as follows:
18    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
19    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
20    (a) Whoever possesses or stores any weapon enumerated in
21Section 33A-1 in any building or on land supported in whole or
22in part with public funds or in any building on such land



HB0154- 32 -LRB098 03893 RLC 33911 b

1without prior written permission from the chief security
2officer for such land or building commits a Class A
4    (b) The chief security officer must grant any reasonable
5request for permission under paragraph (a).
6    (c) This Section shall not apply to a person acting
7lawfully under the Family and Personal Protection Act.
8    (d) Subsection (a) shall not apply to any tenant or
9resident of any public housing.
10(Source: P.A. 89-685, eff. 6-1-97.)
11    (720 ILCS 5/24-2)
12    Sec. 24-2. Exemptions.
13    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
15the following:
16        (1) Peace officers, and any person summoned by a peace
17    officer to assist in making arrests or preserving the
18    peace, while actually engaged in assisting such officer.
19        (2) Wardens, superintendents and keepers of prisons,
20    penitentiaries, jails and other institutions for the
21    detention of persons accused or convicted of an offense,
22    while in the performance of their official duty, or while
23    commuting between their homes and places of employment.
24        (3) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard or the



HB0154- 33 -LRB098 03893 RLC 33911 b

1    Reserve Officers Training Corps, while in the performance
2    of their official duty.
3        (4) Special agents employed by a railroad or a public
4    utility to perform police functions, and guards of armored
5    car companies, while actually engaged in the performance of
6    the duties of their employment or commuting between their
7    homes and places of employment; and watchmen while actually
8    engaged in the performance of the duties of their
9    employment.
10        (5) Persons licensed as private security contractors,
11    private detectives, or private alarm contractors, or
12    employed by an agency certified by the Department of
13    Financial and Professional Regulation, if their duties
14    include the carrying of a weapon under the provisions of
15    the Private Detective, Private Alarm, Private Security,
16    Fingerprint Vendor, and Locksmith Act of 2004, while
17    actually engaged in the performance of the duties of their
18    employment or commuting between their homes and places of
19    employment, provided that such commuting is accomplished
20    within one hour from departure from home or place of
21    employment, as the case may be. A person shall be
22    considered eligible for this exemption if he or she has
23    completed the required 20 hours of training for a private
24    security contractor, private detective, or private alarm
25    contractor, or employee of a licensed agency and 20 hours
26    of required firearm training, and has been issued a firearm



HB0154- 34 -LRB098 03893 RLC 33911 b

1    control card by the Department of Financial and
2    Professional Regulation. Conditions for the renewal of
3    firearm control cards issued under the provisions of this
4    Section shall be the same as for those cards issued under
5    the provisions of the Private Detective, Private Alarm,
6    Private Security, Fingerprint Vendor, and Locksmith Act of
7    2004. The firearm control card shall be carried by the
8    private security contractor, private detective, or private
9    alarm contractor, or employee of the licensed agency at all
10    times when he or she is in possession of a concealable
11    weapon.
12        (6) Any person regularly employed in a commercial or
13    industrial operation as a security guard for the protection
14    of persons employed and private property related to such
15    commercial or industrial operation, while actually engaged
16    in the performance of his or her duty or traveling between
17    sites or properties belonging to the employer, and who, as
18    a security guard, is a member of a security force of at
19    least 5 persons registered with the Department of Financial
20    and Professional Regulation; provided that such security
21    guard has successfully completed a course of study,
22    approved by and supervised by the Department of Financial
23    and Professional Regulation, consisting of not less than 40
24    hours of training that includes the theory of law
25    enforcement, liability for acts, and the handling of
26    weapons. A person shall be considered eligible for this



HB0154- 35 -LRB098 03893 RLC 33911 b

1    exemption if he or she has completed the required 20 hours
2    of training for a security officer and 20 hours of required
3    firearm training, and has been issued a firearm control
4    card by the Department of Financial and Professional
5    Regulation. Conditions for the renewal of firearm control
6    cards issued under the provisions of this Section shall be
7    the same as for those cards issued under the provisions of
8    the Private Detective, Private Alarm, Private Security,
9    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
10    control card shall be carried by the security guard at all
11    times when he or she is in possession of a concealable
12    weapon.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution for the
19    protection of other employees and property related to such
20    financial institution, while actually engaged in the
21    performance of their duties, commuting between their homes
22    and places of employment, or traveling between sites or
23    properties owned or operated by such financial
24    institution, provided that any person so employed has
25    successfully completed a course of study, approved by and
26    supervised by the Department of Financial and Professional



HB0154- 36 -LRB098 03893 RLC 33911 b

1    Regulation, consisting of not less than 40 hours of
2    training which includes theory of law enforcement,
3    liability for acts, and the handling of weapons. A person
4    shall be considered to be eligible for this exemption if he
5    or she has completed the required 20 hours of training for
6    a security officer and 20 hours of required firearm
7    training, and has been issued a firearm control card by the
8    Department of Financial and Professional Regulation.
9    Conditions for renewal of firearm control cards issued
10    under the provisions of this Section shall be the same as
11    for those issued under the provisions of the Private
12    Detective, Private Alarm, Private Security, Fingerprint
13    Vendor, and Locksmith Act of 2004. Such firearm control
14    card shall be carried by the person so trained at all times
15    when such person is in possession of a concealable weapon.
16    For purposes of this subsection, "financial institution"
17    means a bank, savings and loan association, credit union or
18    company providing armored car services.
19        (9) Any person employed by an armored car company to
20    drive an armored car, while actually engaged in the
21    performance of his duties.
22        (10) Persons who have been classified as peace officers
23    pursuant to the Peace Officer Fire Investigation Act.
24        (11) Investigators of the Office of the State's
25    Attorneys Appellate Prosecutor authorized by the board of
26    governors of the Office of the State's Attorneys Appellate



HB0154- 37 -LRB098 03893 RLC 33911 b

1    Prosecutor to carry weapons pursuant to Section 7.06 of the
2    State's Attorneys Appellate Prosecutor's Act.
3        (12) Special investigators appointed by a State's
4    Attorney under Section 3-9005 of the Counties Code.
5        (12.5) Probation officers while in the performance of
6    their duties, or while commuting between their homes,
7    places of employment or specific locations that are part of
8    their assigned duties, with the consent of the chief judge
9    of the circuit for which they are employed.
10        (13) Court Security Officers while in the performance
11    of their official duties, or while commuting between their
12    homes and places of employment, with the consent of the
13    Sheriff.
14        (13.5) A person employed as an armed security guard at
15    a nuclear energy, storage, weapons or development site or
16    facility regulated by the Nuclear Regulatory Commission
17    who has completed the background screening and training
18    mandated by the rules and regulations of the Nuclear
19    Regulatory Commission.
20        (14) Manufacture, transportation, or sale of weapons
21    to persons authorized under subdivisions (1) through
22    (13.5) of this subsection to possess those weapons.
23    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any of the following:
25        (1) Members of any club or organization organized for
26    the purpose of practicing shooting at targets upon



HB0154- 38 -LRB098 03893 RLC 33911 b

1    established target ranges, whether public or private, and
2    patrons of such ranges, while such members or patrons are
3    using their firearms on those target ranges.
4        (2) Duly authorized military or civil organizations
5    while parading, with the special permission of the
6    Governor.
7        (3) Hunters, trappers or fishermen with a license or
8    permit while engaged in hunting, trapping or fishing.
9        (4) Transportation of weapons that are broken down in a
10    non-functioning state or are not immediately accessible.
11        (5) Carrying or possessing any pistol, revolver, stun
12    gun or taser or other firearm on the land or in the legal
13    dwelling of another person as an invitee with that person's
14    permission.
15        (6) A licensee under the Family and Personal Protection
16    Act, notwithstanding Section 70 of that Act, if the
17    licensee meets the requirements of the Family and Personal
18    Protection Act.
19    (c) Subsection 24-1(a)(7) does not apply to or affect any
20of the following:
21        (1) Peace officers while in performance of their
22    official duties.
23        (2) Wardens, superintendents and keepers of prisons,
24    penitentiaries, jails and other institutions for the
25    detention of persons accused or convicted of an offense.
26        (3) Members of the Armed Services or Reserve Forces of



HB0154- 39 -LRB098 03893 RLC 33911 b

1    the United States or the Illinois National Guard, while in
2    the performance of their official duty.
3        (4) Manufacture, transportation, or sale of machine
4    guns to persons authorized under subdivisions (1) through
5    (3) of this subsection to possess machine guns, if the
6    machine guns are broken down in a non-functioning state or
7    are not immediately accessible.
8        (5) Persons licensed under federal law to manufacture
9    any weapon from which 8 or more shots or bullets can be
10    discharged by a single function of the firing device, or
11    ammunition for such weapons, and actually engaged in the
12    business of manufacturing such weapons or ammunition, but
13    only with respect to activities which are within the lawful
14    scope of such business, such as the manufacture,
15    transportation, or testing of such weapons or ammunition.
16    This exemption does not authorize the general private
17    possession of any weapon from which 8 or more shots or
18    bullets can be discharged by a single function of the
19    firing device, but only such possession and activities as
20    are within the lawful scope of a licensed manufacturing
21    business described in this paragraph.
22        During transportation, such weapons shall be broken
23    down in a non-functioning state or not immediately
24    accessible.
25        (6) The manufacture, transport, testing, delivery,
26    transfer or sale, and all lawful commercial or experimental



HB0154- 40 -LRB098 03893 RLC 33911 b

1    activities necessary thereto, of rifles, shotguns, and
2    weapons made from rifles or shotguns, or ammunition for
3    such rifles, shotguns or weapons, where engaged in by a
4    person operating as a contractor or subcontractor pursuant
5    to a contract or subcontract for the development and supply
6    of such rifles, shotguns, weapons or ammunition to the
7    United States government or any branch of the Armed Forces
8    of the United States, when such activities are necessary
9    and incident to fulfilling the terms of such contract.
10        The exemption granted under this subdivision (c)(6)
11    shall also apply to any authorized agent of any such
12    contractor or subcontractor who is operating within the
13    scope of his employment, where such activities involving
14    such weapon, weapons or ammunition are necessary and
15    incident to fulfilling the terms of such contract.
16        During transportation, any such weapon shall be broken
17    down in a non-functioning state, or not immediately
18    accessible.
19        (7) A person possessing a rifle with a barrel or
20    barrels less than 16 inches in length if: (A) the person
21    has been issued a Curios and Relics license from the U.S.
22    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
23    the person is an active member of a bona fide, nationally
24    recognized military re-enacting group and the modification
25    is required and necessary to accurately portray the weapon
26    for historical re-enactment purposes; the re-enactor is in



HB0154- 41 -LRB098 03893 RLC 33911 b

1    possession of a valid and current re-enacting group
2    membership credential; and the overall length of the weapon
3    as modified is not less than 26 inches.
4        During transportation, any such weapon shall be broken
5    down in a non-functioning state, or not immediately
6    accessible.
7    (d) Subsection 24-1(a)(1) does not apply to the purchase,
8possession or carrying of a black-jack or slung-shot by a peace
10    (e) Subsection 24-1(a)(8) does not apply to any owner,
11manager or authorized employee of any place specified in that
12subsection nor to any law enforcement officer or a licensee
13under the Family and Personal Protection Act, notwithstanding
14Section 70 of that Act.
15    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
16Section 24-1.6 do not apply to members of any club or
17organization organized for the purpose of practicing shooting
18at targets upon established target ranges, whether public or
19private, while using their firearms on those target ranges.
20    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22        (1) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard, while in
24    the performance of their official duty.
25        (2) Bonafide collectors of antique or surplus military
26    ordinance.



HB0154- 42 -LRB098 03893 RLC 33911 b

1        (3) Laboratories having a department of forensic
2    ballistics, or specializing in the development of
3    ammunition or explosive ordinance.
4        (4) Commerce, preparation, assembly or possession of
5    explosive bullets by manufacturers of ammunition licensed
6    by the federal government, in connection with the supply of
7    those organizations and persons exempted by subdivision
8    (g)(1) of this Section, or like organizations and persons
9    outside this State, or the transportation of explosive
10    bullets to any organization or person exempted in this
11    Section by a common carrier or by a vehicle owned or leased
12    by an exempted manufacturer.
13    (g-5) Subsection 24-1(a)(6) does not apply to or affect
14persons licensed under federal law to manufacture any device or
15attachment of any kind designed, used, or intended for use in
16silencing the report of any firearm, firearms, or ammunition
17for those firearms equipped with those devices, and actually
18engaged in the business of manufacturing those devices,
19firearms, or ammunition, but only with respect to activities
20that are within the lawful scope of that business, such as the
21manufacture, transportation, or testing of those devices,
22firearms, or ammunition. This exemption does not authorize the
23general private possession of any device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm, but only such possession and activities
26as are within the lawful scope of a licensed manufacturing



HB0154- 43 -LRB098 03893 RLC 33911 b

1business described in this subsection (g-5). During
2transportation, these devices shall be detached from any weapon
3or not immediately accessible.
4    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 do not apply to or affect any parole agent or parole
6supervisor who meets the qualifications and conditions
7prescribed in Section 3-14-1.5 of the Unified Code of
9    (g-7) Subsection 24-1(a)(6) does not apply to a peace
10officer while serving as a member of a tactical response team
11or special operations team. A peace officer may not personally
12own or apply for ownership of a device or attachment of any
13kind designed, used, or intended for use in silencing the
14report of any firearm. These devices shall be owned and
15maintained by lawfully recognized units of government whose
16duties include the investigation of criminal acts.
17    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
19athlete's possession, transport on official Olympic and
20Paralympic transit systems established for athletes, or use of
21competition firearms sanctioned by the International Olympic
22Committee, the International Paralympic Committee, the
23International Shooting Sport Federation, or USA Shooting in
24connection with such athlete's training for and participation
25in shooting competitions at the 2016 Olympic and Paralympic
26Games and sanctioned test events leading up to the 2016 Olympic



HB0154- 44 -LRB098 03893 RLC 33911 b

1and Paralympic Games.
2    (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any exemptions
4contained in this Article. The defendant shall have the burden
5of proving such an exemption.
6    (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm consigned
9to a common carrier operating under license of the State of
10Illinois or the federal government, where such transportation,
11carrying, or possession is incident to the lawful
12transportation in which such common carrier is engaged; and
13nothing in this Article shall prohibit, apply to, or affect the
14transportation, carrying, or possession of any pistol,
15revolver, stun gun, taser, or other firearm, not the subject of
16and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
17this Article, which is unloaded and enclosed in a case, firearm
18carrying box, shipping box, or other container, by the
19possessor of a valid Firearm Owners Identification Card.
20(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
21eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
2297-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
23revised 8-23-12.)
24    Section 999. Effective date. This Act takes effect upon
25becoming law.



HB0154- 45 -LRB098 03893 RLC 33911 b

2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 140/7.5
5    30 ILCS 105/5.826 new
6    720 ILCS 5/21-6from Ch. 38, par. 21-6
7    720 ILCS 5/24-2