HB5745 97TH GENERAL ASSEMBLY

LRB097 19596 RLC 64850 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5745

Introduced 2/16/2012, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

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 1961 to make conforming changes. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY	FISCAL NOTE ACT MAY APPLY	HOME RULE NOTE ACT MAY APPLY
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Family and Personal Protection Act.

Section 10. Definitions. As used in this Act:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public, or carried in a vehicle in such a way as it is concealed from view of the public.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Fund" means the Citizen Safety and Self-Defense Trust Fund.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand, and includes a combination of parts from which that firearm can be assembled. "Handgun" does not include a stun gun or taser.

"License" means a license issued by the Department of State Police to carry a loaded or unloaded concealed firearm.

"Licensee" means a person issued a license to carry a concealed firearm.

"Peace officer" means (i) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order and to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State. The term "peace officer" does not apply to an alderman acting as a conservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code.

Section 15. Citizen Safety and Self-Defense Trust Fund. Fees from applications for licenses shall be deposited into the Citizen Safety and Self-Defense Trust Fund, a special fund that is created in the State treasury. Moneys in the Fund may be invested and any income from investments shall be deposited into the Fund. Subject to appropriation, moneys in the Fund shall exclusively be used to assist the Department with the administrative costs associated with this Act.

Section 20. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to an applicant who (i) meets the qualifications of Section 25; (ii) has provided the application and documentation required in Section 30; and (iii) has submitted the requisite fees. The Department shall issue a renewal, corrected, or duplicate license in accordance with this Act.

(a-5) A licensee shall possess a license at all times the licensee carries a concealed firearm except (i) if the person is carrying or possessing a concealed firearm and the person is on his or her land or in his or her abode or legal dwelling or in the abode or legal dwelling of another person as an invitee with that person's permission; (ii) if the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 1961; or (iii) the handgun is broken down in a non-functioning state, is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box, or other container.

(a-10) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 70.

(b) The Department shall make applications for a license available no later than 90 days after the effective date of this Act. Applications shall be available at Department locations, sheriff offices, on the Department's official website, and any other location designated by the Department.

(c) A completed application for a license shall be submitted to the office of the sheriff of the county in which the applicant resides with all accompanying materials and fees. The sheriff shall review the application and submit a completed application, all accompanying materials, and the application fee to the Department within 30 days of receipt. The sheriff shall promptly return an incomplete application to the applicant. Each applicant for a license shall submit a $65 application fee, of which $25 shall be retained by the sheriff for expenses related to receiving and reviewing applications, and $40 shall be submitted to the Department and deposited into the Citizen Safety and Self Defense Trust Fund. The sheriff may require an applicant to submit the fee in 2 portions: (1) $25 payable to the sheriff, and (2) $40 payable to the Department.

(d) A sheriff may submit an objection to an application, provided the objection is in writing, includes specific reasons for the objection, and is submitted with the application. Upon request of a municipal law enforcement department, the sheriff shall notify the department of the name, address, and date of birth of any person submitting an application for a license. The municipal police department may submit to the sheriff information deemed to be relevant to the application, and the sheriff may consider that information when determining whether to submit an objection. Any objection submitted by a sheriff, including reports submitted to a sheriff by a municipal law enforcement agency, must be disclosed to the applicant unless disclosure would interfere with a criminal investigation, or as determined by the Department, disclosure may threaten the safety or welfare of the sheriff or local law enforcement agency.

(e) Notwithstanding subsection (a), the Department may consider any objection or recommendation made by the sheriff and may determine the applicant is ineligible based solely on those objections. If the applicant is found by the Department to be ineligible, the Department shall deny the application and notify the applicant and the sheriff in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 30 days, appeal the denial and submit additional materials relevant to the grounds for denial. Upon receiving the additional documentation, the Department shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the Department denies the application, the applicant must be informed of the right to administrative review.

(f) During an administrative or judicial review of a denial based on subsection (d) or (e) of this Section, the Department shall have the burden of proving by clear and convincing evidence that the applicant would pose a danger to the applicant's self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.

(g) The license shall be issued by the Department within 45 days of receipt of a completed application from a sheriff. A license shall be valid throughout the State for a period of 5 years. If the Department does not act on the application within the 45-day period, the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application.

(h) The Department shall promulgate rules to implement the provisions of this Section.

Section 25. Qualifications of an applicant for a license. The Department shall issue a license to an applicant completing an application in accordance with Section 30 of this Act if the person:

(a) is at least 21 years of age;

(b) has a valid Firearm Owner's Identification Card or, if applying for a non-resident license, has a notarized document stating that the applicant is eligible under federal law and the laws of his or her home state to possess a firearm;

(c) is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;

(d) is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification under subsection (c);

(e) does not chronically or habitually abuse alcoholic beverages, as evidenced by either of the following within the 3 years immediately preceding the application:

(i) residential or court-ordered treatment for alcoholism or alcohol detoxification; or

(ii) 2 or more convictions for driving while under the influence or driving while intoxicated; and

(f) has completed firearms training and any educational component required in Section 85 of this Act.

Section 30. Contents of application.

(a) The application shall be in writing, under oath and penalty of perjury, on a standard form promulgated by the Department and shall be accompanied by the documentation required in this Section and all applicable fees.

(b) The application shall contain the following information:

(i) the applicant's name, current address, gender, date and year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address at which the applicant resided for more than 30 days within the 5 years preceding the date of the application;

(ii) the applicant's drivers license or state identification card number and the last 4 digits of the applicant's social security number;

(iii) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 85 of this Act;

(iv) a statement that the applicant is a resident of the State of Illinois, except persons applying under Section 65 shall be instructed to submit the information required in that Section;

(v) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under State and federal law sufficient to obtain access to juvenile court, criminal justice, psychological, or psychiatric records, or records relating to the applicant's history, if any, of institutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well as an affirmative request that any person having custody of those records provide copies of them or information concerning them to the Department for the sole purpose of making a determination of an applicant's eligibility under Section 25;

(vi) a conspicuous warning that false statements made by the applicant will result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 1961;

(vii) an affirmation that the applicant either possesses a currently valid Illinois Firearm Owner's Identification Card, in which case the application shall include the card number, or is applying for the card in conjunction with the application for a license, except persons applying under Section 65 shall be instructed to submit a copy of a valid license to carry a handgun issued by their home state, if applicable, or submit a notarized document stating the applicant is eligible under the laws of his or her home state to possess a handgun; and

(viii) an affirmation that the applicant meets the requirements of Section 25 and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing a firearm.

(c) A person applying for a license shall provide a head and shoulder color photograph in a size specified by the Department that was taken within the 30 days preceding the date of the application. The applicant shall consent to the Department reviewing and using the applicant's digital driver's license or Illinois Identification Card photograph and signature, if available. The Secretary of State shall allow the Department access to the photograph and signature for the purpose of identifying the applicant and issuing the applicant a license.

(d) A person applying for a license shall submit with an application a full set of legible fingerprints. Fingerprinting may be administered by the Department or any other federal, State, county, or municipal law enforcement agency or private vendor or company. The cost of fingerprinting shall be paid by the applicant, provided that the Department or law enforcement agency may charge no more than $25 for a single set of fingerprints. The Department shall accept a hard copy or electronic version of the fingerprints.

(e) A person applying for a license shall submit a photocopy of a certificate or other evidence of completion of a course to show compliance with Section 85 of this Act.

(f) The Department is authorized to establish a system for electronically submitting applications, including applications for renewal or a replacement license.

Section 35. Database of applicants and licensees.

(a) The Department shall maintain a database of applicants for a license and licenses. The database shall be available to all Illinois law enforcement agencies, State's Attorneys, and the Attorney General. Members and staff of the judiciary may access the database for the purpose of determining whether to confiscate a license or to ensure compliance with this Act or any other law. The database shall be searchable and provide all information included in the application, a photo of the applicant or licensee, and any information related to violations of this Act. Individual law enforcement agencies shall not maintain a separate, searchable database of applicants and licensees containing information included in the database.

(b) The Department shall make available on its website and upon request under the Freedom of Information Act statistical information about the number of licenses issued by county, age, race, or gender. The report shall be updated monthly. Except as provided in this subsection, applications and information in the database shall be confidential and exempt from disclosure under the Freedom of Information Act. The Department may answer requests to confirm or deny whether a person has been issued a license as part of inquiries dealing with a criminal investigation. Individual law enforcement agencies, State's Attorneys, the Attorney General, members of the judiciary, and judicial staff shall sign a confidentiality agreement, prepared by the Department, prior to receiving access to the database. No law enforcement agency, State's Attorney, the Attorney General, or member or staff of the judiciary, other than the Department, shall provide any information to a requester not entitled to it by law, except as required or necessary for the conduct of a criminal investigation.

Section 40. Suspension or revocation of a license.

(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a license based on the criteria set forth in Section 25 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card or a non-resident licensee if his or her home state has revoked a license to carry a firearm. A license shall not be revoked unless the revocation is for reasons specifically authorized by this Act. This subsection shall not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card.

(b) A license shall be suspended if an order of protection under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issued against a licensee. The license shall be suspended for the duration of the order or until the order is terminated by a court and the Department shall not reissue or renew a license for the duration of the order or until the order is terminated. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity designated to serve process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order shall transmit the license to the Department.

(c) The Department may suspend a license for a violation of Section 70 of this Act in accordance with subsection (i) of Section 70.

(d) A license shall be invalid upon expiration of the license, unless the licensee has submitted an application to renew the license. A person who fails to renew his or her license within 6 months after its expiration must reapply for a new license and pay the fee for a new application.

(e) The Department may suspend a license for up to 90 days if a licensee fails to submit a change of address or name or fails to report a lost or destroyed license to the Department within 60 days of the discovery of the loss or destruction of the license.

Section 45. Renewal of license.

(a) Not later than 120 days before the expiration of any license issued under this Act, the Department shall notify the licensee in writing of the expiration and furnish an application for renewal of the license or make the application available on-line.

(b) Applications for renewal of a license shall be made directly to the Department. A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $25 renewal fee. The renewal application shall contain the information required in Section 30, except that the applicant need not resubmit a full set of fingerprints. An applicant for a renewal shall submit, on a form prescribed by the Department, proof that the applicant (i) has participated in at least one shooting competition with a handgun within 6 months of the application for renewal, (ii) has completed an equivalent range exercise as prescribed in Section 85 and attested to by any instructor qualified under this Act, a certified law enforcement instructor, or NRA certified instructor or (iii) has completed Firearms Instructor Training under Section 90. The Department shall make the range recertification form available on its website or as part of a renewal application.

Section 50. Change of address, change of name, or lost or destroyed licenses.

(a) The licensee shall notify the Department within 60 days of: (i) moving or changing a residence or any change of name; or (ii) the discovery of the loss or destruction of a license.

(b) If a licensee changes residence within this State or changes his or her name, the licensee shall request a new license. The licensee shall submit a $25 fee, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 30 of this Act. The statement must include the prior and current address or name and the date the applicant moved or changed his or her name.

(c) A lost or destroyed license shall be invalid. To request a new license, the licensee shall submit (i) a $25 fee, (ii) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, (iii) a copy of a police report stating that the license was lost, destroyed, or stolen, and (iv) a photograph as required in Section 30 of this Act.

Section 65. Non-resident applications. A person from another state or territory of the United States may apply for a non-resident license. The applicant shall apply to the Department and must meet the qualifications established in Section 25. The applicant shall submit (i) the application and documentation required in Section 30; (ii) a notarized document stating the applicant (A) is eligible under federal law and the laws of his or her home state to possess a firearm, (B) if applicable, has a license or permit to carry a firearm or concealed firearm issued by his or her home state and that a copy is attached to the application, (C) is familiar with Illinois laws pertaining to the possession and transport of firearms, and (D) acknowledges that the applicant is subject to the jurisdiction of the Department and Illinois courts for any violation of this Act; and (iii) a $65 application fee. In lieu of an Illinois State driver's license or identification card, he or she shall provide similar documentation from his or her state or territory.

Section 70. Restrictions.

(a) No license issued under this Act shall authorize any person to knowingly carry a concealed firearm into:

(i) Any building under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions.

(ii) Any courthouse or part of that building that is occupied by the Circuit, Appellate, or Supreme Court, or a room designated for court proceedings by any of these courts.

(iii) Any meeting of the governing body of a unit of local government or special district.

(iv) Any establishment licensed to dispense alcoholic beverages for consumption on the premises if less than 50% of its annual gross income comes from the sale of food.

(v) Any secure area of an airport to which access is controlled by the inspection of persons and property.

(vi) Any place where the carrying of a firearm is prohibited by federal law.

(vii) Any elementary or secondary school building without the consent of school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent.

(viii) Any portion of a building used as a child care facility without the consent of the manager. Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or license.

(ix) Any gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975.

(x) Any gated area of an amusement park.

(xi) Any stadium, arena, or collegiate or professional sporting event.

(xii) A residential mental health facility.

(xiii) Any community college, college, or university building without consent of the school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent. A community college, college, or university may prohibit the carrying of a firearm on its campus in a manner that is not inconsistent with subsection (d). If a community college, college, or university elects to prohibit the carrying of firearms on its campus, it shall be civilly liable for any injury from a criminal act upon a person holding a permit for carrying a concealed firearm who was prohibited from carrying a concealed firearm on the premises.

(xiv) A public library building without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of that consent.

(xv) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.

(xvi) Any adult or juvenile detention or correctional institution, prison, or jail.

(b) A municipality, school district, or public or private college, university, or post-secondary educational institution may prohibit or limit licensees from carrying a firearm into or within any building or portion of any building owned, leased, or controlled by the municipality, school district, or public or private college, university, or other post-secondary educational institution by a majority vote of the members of its legislative body or governing board. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm into or within any building used for public housing; into or within any publicly-accessible restroom or rest stop; into, within, or on any bridge, tunnel, overpass, underpass, elevated walkway, or other structure used as a public right of way; or into or within any publicly-accessible parking facility. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm in a public transportation facility or while accessing the services of a public transportation agency, including while traveling via public transportation. For purposes of this Section, "public transportation agency" means a public or private agency, or any combination thereof, that provides for the transportation or conveyance of persons by means available to the general public, except taxicabs, livery cabs, or limousines. Violators of the resolution or ordinance may be removed from the premises and assessed a civil fine of up to $100.

(c) The owner, business or commercial lessee, or manager of a private business enterprise, or any other private organization, entity, or person, may prohibit licensees from carrying a concealed firearm on the premises under its control. However, a private landlord of a residential or commercial property shall not prohibit any lessee from possessing or carrying a firearm in accordance with this Act in or on the leased premises or during ingress or egress of the leased premises. The owner, business or commercial lessee, or manager of a private business enterprise or any other private organization, entity, or person who allows the carrying of a firearm by a licensee shall not be liable for any act of the licensee that arises out of the licensee carrying a firearm.

(c-1) The Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer may prohibit licensees from carrying a handgun in buildings under their control.

(d) Any person licensed under this Act who is prohibited from carrying a concealed firearm into a building by the provisions of subsection (a) or under an ordinance, resolution, or policy adopted in accordance with subsection (b) or (c) shall be permitted to store that firearm or ammunition out of plain sight in his or her locked vehicle or in a locked compartment or container within or securely affixed to the outside of the vehicle. A licensee shall not be in violation of this Section while he or she is traversing a public right of way that touches or crosses any of the premises specified in subsection (a) or from which firearms are prohibited under the provisions of subsection (b) or (c), provided that the firearm is carried on his or her person in accordance with this Act or is being transported in a firearm in accordance with applicable law. A licensee shall not be in violation of subsection (b) or (c) if the responsible party for the premises fails conspicuously to post notice of the prohibition at all public entrances to the building in accordance with subsection (g).

(e) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, the licensee shall immediately disclose to the officer that he or she is in possession of a concealed firearm pursuant to this Act. Disclosure may be accomplished by oral notification or by providing or displaying the license to carry a concealed firearm to the officer.

(f) A licensee shall not carry a concealed firearm while under the influence of illegal drugs or hallucinogenic drugs or alcohol. For the purposes of this subsection (f), under the influence of alcohol means a blood alcohol content of .08 or greater.

(g) Signs stating that the carrying of a concealed firearm is prohibited shall be clearly and conspicuously posted at every entrance of a building or premises specified in subsection (a) or designated in accordance with subsection (b) or (c). The Department shall promulgate rules for standardized signs to be used under this subsection.

(h) A violation of subsection (a), (b), (c), (d), (e), or (f) is a petty offense. A willful violation of subsection (a), (b), (c), (d), (e), or (f) is a Class B misdemeanor. The court may require a licensee to pay a $75 fee, in addition to any other fees or court costs, for a violation of subsection (e).

(i) The Department may suspend a license for up to 30 days for a second violation of subsection (a), (b), (c), (d), (e), or (f) or up to 180 days for a willful violation of subsection (a), (b), (c), (d), (e), or (f). The Department may permanently revoke a license for 3 or more violations of this Section.

Section 75. Immunity, employees, and agents. The office of the county sheriff, or any employee or agent of the county sheriff, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, renewing, or failure to revoke licenses issued under this Act, except for willful or wanton misconduct. The office of the county sheriff and any employees or agents shall not be liable for submitting specific or articulable reasons why an applicant should be denied a license, unless the objection contains false, malicious, or inaccurate information and the objection constituted willful and wanton misconduct. Any owner, business or commercial lessee, landlord, manager of a private business enterprise, employer, or any other organization, entity, person, public or private college, university, or post-secondary educational institution that does not prohibit licensees from carrying concealed firearms on property it owns or occupies is immune from any liability arising from its decision.

Section 80. Fees.

(a) Fees collected under this Act by the Department and deposited into the Citizen Safety and Self-Defense Trust Fund shall be appropriated for administration of this Act.

(b) Fees shall be:

New license: $65.

Renewal of license: $25.

Duplicate license due to lost or destroyed: $25.

Corrected license due to change of address or name: $25.

Late renewal fee: $25.

(c) By March 1 of each year, the Department shall submit a statistical report to the Governor, the President of the Senate, and the Speaker of the House of Representatives indicating the number of licenses issued, revoked, suspended, denied, and issued after appeal since the last report and in total and also the number of licenses currently valid. The report shall also include the number of arrests and convictions and the types of crimes committed by licensees since the last report.

(d) The Secretary of State shall conduct a study to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a license by the Department on the person's driver's license.

Section 85. Applicant training.

(a) Applicants shall provide proof of completion of at least one of the following courses:

(1) NRA Basic Personal Protection In The Home Course.

(2) NRA Basics of Personal Protection Outside The Home Course.

(3) NRA Basic Pistol Shooting Course.

(4) Any other firearms training course of at least 4 hours that covers the following:

(A) handgun safety in the classroom, at home, on the firing range, and while carrying the firearm;

(B) the basic principles of marksmanship;

(C) care and cleaning of handguns;

(D) laws relating to the justifiable use of force.

(b) Applicants shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a handgun consisting of:

(1) a minimum of 30 rounds; and

(2) 20 rounds from a distance of 7 yards and 10 rounds from a distance of 15 yards at a B-21 silhouette or equivalent target as approved by the Department.

(b-5) Students shall provide their own safe, functional handgun and factory-loaded ammunition.

(b-6) Grades of "passing" shall not be given on range work to an applicant who:

(A) does not follow the orders of the certified firearms instructor;

(B) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(C) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the 30 rounds fired.

(c) The classroom portion of the course may, at the qualified firearms instructor's discretion, be divided into segments of not less than 2 hours each.

(d) Applicant training courses shall not be open to anyone under the age of 16 and no certificate of completion shall be issued to persons less than 20 years of age.

(e) Instructors shall maintain all records for students' performance for not less than 5 years.

(f) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make all course records available upon demand to authorized personnel of the Department; and

(3) not divulge course records except as authorized by the certifying agency.

(g) Fees for applicant training courses shall be set by the instructor.

(h) An applicant training course shall not have more than 40 students in the classroom portion nor more than 5 students per range officer engaged in range firing.

(i) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:

(1) An NRA certified instructor.

(2) An individual who has qualified to carry a firearm as a retired law enforcement officer.

(3) Any active, retired, or honorably discharged member of the armed forces who held a combat related military occupation specialty (MOS).

(4) An individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.

Section 90. Firearms instructors training.

(a) Not later than 30 days after the effective date of this Act, the Department shall establish a registry of instructors who are eligible to teach courses or sign off on range qualifications, or both, to meet the requirements of Section 85 of this Act.

(b) Instructors who are eligible to teach courses and certify range qualifications shall have one of the following valid firearms instructor certifications:

(1) National Rifle Association Personal Protection Instructor;

(2) National Rifle Association Pistol Marksmanship Instructor;

(3) National Rifle Association Law Enforcement Firearm Instructor with a certification for handguns;

(4) Certification from a firearms instructor's course offered by a State or federal governmental agency; or

(5) A similar firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.

(c) Instructors who are eligible to teach courses and certify range qualifications shall be at least 21 years of age and possess at least a high school diploma or GED certificate.

(d) An applicant may have his or her instructor qualification revoked if the applicant:

(1) does not meet the requirements of this Act to possess a concealed firearms permit;

(2) provides false or misleading information to the Board; or

(3) has had a prior instructor qualification revoked by the Board or other certifying organization.

Section 95. Preemption. It is declared to be the policy of this State that it is an exclusive power and function of the State to regulate the possession and transportation of handguns and the issuance of licenses to carry a concealed firearm. Except as provided in subsection (b) of Section 70, a home rule unit shall not regulate the possession or transportation of handguns. A home rule unit shall not regulate the number of handguns or require registration of handguns possessed by a person licensed under this Act. This Section is a denial of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

Section 100. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 900. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.

(w) (v) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information maintained by the Department of State Police in accordance with subsection (a) of Section 35 of the Family and Personal Protection Act, except as authorized by that Act.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)

Section 905. The State Finance Act is amended by adding Section 5.811 as follows:

(30 ILCS 105/5.811 new)

Sec. 5.811. The Citizen Safety and Self-Defense Trust Fund.

Section 910. The Criminal Code of 1961 is amended by changing Sections 21-6 and 24-2 as follows:

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

Sec. 21-6. Unauthorized Possession or Storage of Weapons.

(a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonable request for permission under paragraph (a).

(c) This Section shall not apply to a person acting lawfully under the Family and Personal Protection Act.

(d) Subsection (a) shall not apply to any tenant or resident of any public housing.

(Source: P.A. 89-685, eff. 6-1-97.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(6) A licensee under the Family and Personal Protection Act, notwithstanding Section 70 of that Act, if the licensee meets the requirements of the Family and Personal Protection Act.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(7) An active member of a bona fide, nationally recognized military re-enacting group possessing a vintage rifle or modern reproduction thereof with a barrel or barrels less than 16 inches in length for the purpose of using the rifle during historical re-enactments if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer or a licensee under the Family and Personal Protection Act, notwithstanding Section 70 of that Act.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, those devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11.)

Section 999. Effective date. This Act takes effect upon becoming law.