Full Text of HB2567 94th General Assembly
HB2567ham001 94TH GENERAL ASSEMBLY
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Rep. Brandon W. Phelps
Filed: 4/12/2005
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09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
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| AMENDMENT TO HOUSE BILL 2567
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| AMENDMENT NO. ______. Amend House Bill 2567 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Judicial Personal
Protection Act.
| 6 |
| Section 5. Legislative declaration. The General Assembly | 7 |
| finds that as a
matter of public policy it is
necessary to | 8 |
| provide statewide uniform standards for issuing permits to | 9 |
| carry
concealed firearms
and that no person who does not | 10 |
| qualify under the provisions
of this Act receives a permit to | 11 |
| carry concealed firearms.
The General Assembly recognizes that | 12 |
| it already regulates the use and
possession
of concealed | 13 |
| firearms under Sections 24-1 and 24-1.6 of the Criminal Code of
| 14 |
| 1961 and that
the regulation of concealed firearms is an | 15 |
| exclusive Statewide function.
The General Assembly
does not | 16 |
| delegate to the county sheriff the authority to regulate
or | 17 |
| restrict the issuing of concealed firearms permits provided for | 18 |
| in this
Act beyond those provisions contained in this Act.
| 19 |
| Section 10. Definitions. As used in this Act:
| 20 |
| "Concealed firearm" means a handgun carried on or about a | 21 |
| person completely
or mostly concealed from
view of the public, | 22 |
| or carried in a vehicle in such a way as it is concealed
from | 23 |
| view of the public.
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| "Judge" means an Illinois Supreme Court Judge, an Appellate | 2 |
| Judge, a Circuit Judge, an Associate Judge, a United States | 3 |
| Circuit Court of Appeals Judge, a United States District Court | 4 |
| Judge, or a United States Magistrate Judge.
| 5 |
| "Handgun" has the meaning ascribed to it in subsection (h) | 6 |
| of Section 24-3 of
the Criminal Code of 1961.
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| "Permit" means a permit to carry a concealed firearm issued | 8 |
| by the county sheriff.
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| "Permittee" means a person who is issued a permit to carry | 10 |
| a concealed
firearm by the county sheriff.
| 11 |
| Section 15. Permit for concealed firearms.
The county | 12 |
| sheriff is authorized to issue permits to carry
concealed | 13 |
| firearms to persons
qualified as provided in this Act. Permits | 14 |
| to carry concealed firearms
shall be valid throughout the State | 15 |
| for a period of 3 years from the
date of issuance. Any person | 16 |
| in compliance with the terms of the permit may
carry concealed | 17 |
| firearms on or about his or her person.
The permittee shall | 18 |
| carry the permit at all times the permittee is carrying a
| 19 |
| concealed firearm and shall display the permit upon the request | 20 |
| of a law
enforcement officer.
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| Section 20. Application for permit and qualifications of | 22 |
| applicants.
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| (a) An applicant for a permit shall obtain the application | 24 |
| from the
county sheriff. The application for a
permit or | 25 |
| renewal of a permit to carry a
concealed firearm shall be | 26 |
| submitted to the office of the sheriff of the
county in which | 27 |
| the applicant resides. The completed application and all
| 28 |
| accompanying material plus an application fee
of $100 for a new | 29 |
| permit or $75 for a renewal
shall be presented to the office of | 30 |
| the sheriff of the county in which the
applicant resides.
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| The sheriff shall evaluate the application, accompanying | 32 |
| material and any
objections to the application within 10
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| working days. The
application fee shall be retained by the | 2 |
| office of the sheriff for official
expenses of the office.
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| The sheriff may state specific and articulable reasons to | 4 |
| deny an application for a concealed firearms permit. He or she | 5 |
| shall
articulate the reasons for denial in a written report and | 6 |
| maintain that
report in his or her office along with the | 7 |
| completed application
which shall be available
to the applicant | 8 |
| for a concealed firearms permit.
Within 90 days, the sheriff | 9 |
| shall either issue or deny the permit.
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| (b) The
county sheriff, upon a person's application for a
| 11 |
| concealed firearms permit, upon receipt of the appropriate | 12 |
| fees, and after
compliance with the procedures set out in this | 13 |
| Section, shall issue the
applicant a concealed firearms permit | 14 |
| if the person: | 15 |
| (i) Is a Judge as defined in this Act;
| 16 |
| (ii) Is at least 21 years of age;
| 17 |
| (iii) Resides within the State of Illinois and is a | 18 |
| permanent
resident of the United States;
| 19 |
| (iv) Has not been convicted of a crime punishable by | 20 |
| imprisonment for a
term
exceeding one year, or of a
| 21 |
| misdemeanor evidencing violence, is not free on any form of | 22 |
| bond or pretrial
release, and has no
outstanding warrants | 23 |
| for those crimes;
| 24 |
| (v) Has no record of mental disease or mental illness | 25 |
| on file that would
evidence incapacity, or lack of proper | 26 |
| mental capacity;
| 27 |
| (vi) Has not been committed to a state or federal | 28 |
| facility for the abuse of
a
controlled substance or | 29 |
| cannabis and has not been
convicted of a misdemeanor | 30 |
| violation of the Illinois Controlled Substances Act
or | 31 |
| Cannabis Control Act or similar laws of any other
state | 32 |
| relating to controlled
substances or cannabis within a 10 | 33 |
| year period immediately preceding the date
on
which the | 34 |
| application is submitted; and
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| (vii) Does not chronically and habitually use | 2 |
| alcoholic beverages as
evidenced
by the applicant having 2 | 3 |
| or more convictions for violating Section 11-501 of
the | 4 |
| Illinois Vehicle Code or a similar provision of a local | 5 |
| ordinance within 5
years preceding his or her application | 6 |
| or the applicant having elected
treatment under
the | 7 |
| supervision of a licensed program in accordance with the | 8 |
| Alcoholism and
Other Drug Abuse and Dependency Act
or | 9 |
| similar laws of any other
state within a 5
year period | 10 |
| immediately preceding the date on which the
application is | 11 |
| submitted.
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| Section 25. Contents of application.
The initial | 13 |
| application shall be in writing, under oath and under the | 14 |
| penalties
of perjury, on a standard form
promulgated by the | 15 |
| county sheriff and shall be accompanied by the
appropriate fees | 16 |
| and required documentation. The application shall contain only
| 17 |
| the following information:
| 18 |
| (1) proof that the applicant is a Judge; | 19 |
| (2) the applicant's name, address, gender, and date and | 20 |
| place of birth;
| 21 |
| (3) a head and shoulder color photograph taken within | 22 |
| 30 days preceding
the
date on which the
application is | 23 |
| submitted;
| 24 |
| (4) questions to certify or demonstrate that the | 25 |
| applicant has completed the
firearms and deadly use of | 26 |
| force
training and education prerequisites specified under | 27 |
| this Act;
| 28 |
| (5) a statement that the applicant is a resident of the | 29 |
| State of Illinois
and is a permanent resident of the United | 30 |
| States;
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| (6) a waiver of privacy and confidentiality rights and | 32 |
| privileges enjoyed
by
the applicant under all federal
and | 33 |
| state laws governing access to juvenile court, criminal |
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| justice,
psychological, or psychiatric records, or
records | 2 |
| relating to the applicant's history of | 3 |
| institutionalization, and an
affirmative request that any | 4 |
| person
having custody of any such record provide it or | 5 |
| information concerning it to
the sheriff;
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| (7) a conspicuous warning that false statements made by | 7 |
| the applicant
will
result in prosecution for perjury
in | 8 |
| accordance with Section 32-2 of the Criminal Code of 1961;
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| (8) an affirmation that the applicant is at least 21 | 10 |
| years of age, that
the
applicant possesses a currently | 11 |
| valid
Illinois Firearm Owner's Identification Card, | 12 |
| together with the card number, or
is applying for the card | 13 |
| in
conjunction with the concealed firearms permit | 14 |
| application;
| 15 |
| (9) an affirmation that the applicant has never been | 16 |
| convicted of any
felony
or of a misdemeanor involving
the | 17 |
| use or threat of physical force or violence to any person; | 18 |
| and has never
been adjudicated a delinquent
minor for an | 19 |
| offense which, had he or she been tried as an adult, would | 20 |
| have
been such
a felony or misdemeanor.
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| The application shall also contain the following statement | 22 |
| along with
a
signature line for use by the applicant, which | 23 |
| statement the applicant shall
affirm under oath: "I, the | 24 |
| undersigned, state, under oath and subject to the
penalty of | 25 |
| perjury, that I am not a streetgang member as defined in | 26 |
| Section 10
of the Illinois Streetgang Terrorism Omnibus | 27 |
| Prevention Act, and I will not
join or become associated with a | 28 |
| criminal
streetgang.".
| 29 |
| Section 30. Submission of identifying information; fee.
In | 30 |
| addition to the completed application, the applicant must also | 31 |
| submit the
following to the sheriff of the county in which the | 32 |
| applicant resides:
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| (i) A head and shoulder color photograph as required by |
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| Section 25 in a
size
specified by the sheriff taken within | 2 |
| 30 days
preceding the date on which the application is | 3 |
| submitted.
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| (ii) A non-refundable permit fee of $100 if he or she | 5 |
| has not previously
been
issued such a permit by the county | 6 |
| sheriff, or a non-refundable
permit fee of $75 for each | 7 |
| renewal of a permit.
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| (iii) A photocopy of a certificate or other evidence of | 9 |
| completion of a
course
to show compliance with Section 80 | 10 |
| of this Act.
| 11 |
| Section 35. Approval of application.
| 12 |
| (a) If the sheriff finds that the applicant possesses a
| 13 |
| valid
Firearm Owner's Identification
Card, meets the training | 14 |
| requirements of this Act and has provided the
documentation and | 15 |
| paid the fees required for issuance of a concealed firearms
| 16 |
| permit, and that, as nearly as it is possible to determine, | 17 |
| nothing in the
applicant's background or present circumstances | 18 |
| disqualify him or her from
possessing a firearm in Illinois, he | 19 |
| or she shall approve the application and issue
the applicant a | 20 |
| wallet sized permit bearing the photograph of the applicant
| 21 |
| within 90 days.
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| (b) The sheriff may consider any objection or | 23 |
| recommendation supported by specific and articulable
reasons, | 24 |
| in a written report, why
the applicant should be denied a | 25 |
| permit and may deny the permit based solely on
those | 26 |
| objections.
| 27 |
| (c) If the applicant is found to be ineligible, the sheriff
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| shall deny the application and notify the applicant in writing, | 29 |
| stating the
grounds for denial and informing the applicant of | 30 |
| the right to submit, within
30 days, any additional | 31 |
| documentation relating to the grounds of the denial.
Upon | 32 |
| receiving any additional documentation, the sheriff shall | 33 |
| reconsider his or her decision and inform the applicant within |
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| 30 days of the
result of the reconsideration. The applicant | 2 |
| shall further be informed of the
right to appeal the denial in | 3 |
| the circuit court of his or her place of
residence.
| 4 |
| (d) The sheriff shall maintain an automated listing of
| 5 |
| permit holders and pertinent information, and this information | 6 |
| shall be
available on-line, upon request, at all times to all | 7 |
| Illinois law enforcement
agencies. Except as provided in this | 8 |
| subsection, information on applications
for permits, names and | 9 |
| addresses, or other identifying information relating to
permit | 10 |
| holders shall be confidential and shall not be made available | 11 |
| except to
law enforcement agencies. No requests for lists of | 12 |
| local or statewide permit holders shall
be made to any State or | 13 |
| local law enforcement agency. No other agency of
government | 14 |
| other than the sheriff shall provide any
information to a | 15 |
| requester
not entitled to it by law. The names of all persons, | 16 |
| other than
law enforcement agencies and peace officers, | 17 |
| requesting information under this
Section shall be public | 18 |
| records.
| 19 |
| Section 40. Revocation of a permit.
A permit issued under | 20 |
| Section 35 shall be suspended or revoked if the permit
holder | 21 |
| becomes ineligible to be issued a permit under the criteria set | 22 |
| forth in
paragraphs (i), (ii), (iii), (iv), (v), (vi), and | 23 |
| (vii) of subsection (b) of Section 20 or subsection
(b) of
| 24 |
| Section 35 of this Act. When an order of protection is issued | 25 |
| under
Section 112A-14 of the Code of Criminal Procedure of 1963 | 26 |
| or under Section 214
of the
Illinois Domestic Violence Act of | 27 |
| 1986 against a person holding a permit issued
under this Act, | 28 |
| the
holder of the permit shall surrender the permit to the | 29 |
| court or to the officer
serving
the order. The officer to whom | 30 |
| the permit is surrendered shall forthwith
transmit the permit | 31 |
| to the court issuing the order. The permit shall be
suspended | 32 |
| until the order is terminated.
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| Section 45. Notification of renewal.
Not later than 120 | 2 |
| days before the expiration of any permit issued under this
Act, | 3 |
| the sheriff shall notify the permit holder in writing
of the | 4 |
| expiration and furnish an application for renewal of the | 5 |
| permit.
| 6 |
| Section 50. Renewal of permit.
| 7 |
| (a) The permit shall be renewed for a qualified applicant | 8 |
| upon receipt of
the
properly completed renewal
application and | 9 |
| required renewal fee. The renewal application shall contain the
| 10 |
| same required information as set forth in paragraphs (1) | 11 |
| through (9) of
Section 25, except
that in lieu of the firearm | 12 |
| education and use of deadly force training, the
applicant need | 13 |
| only demonstrate previous issuance of and continued | 14 |
| eligibility
for a concealed firearms permit.
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| (b) A permittee who fails to file a renewal application on | 16 |
| or before the permit's
expiration date must pay an additional | 17 |
| late fee of $25. A person who fails to
renew his or her permit | 18 |
| within 6 months after its expiration must reapply
for a new | 19 |
| permit and pay the fee for a new application.
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| Section 55. Change of address, change of name, or lost or | 21 |
| destroyed permits.
| 22 |
| (a) Within 30 days after the changing of a permanent | 23 |
| residence, or within 30
days
after loss
or destruction of a | 24 |
| concealed
firearms permit, the permittee shall notify the | 25 |
| sheriff of
the loss, destruction, change of name, or change of | 26 |
| residence. Failure to
notify
the sheriff shall constitute a | 27 |
| noncriminal
violation with a penalty of $25 payable to the | 28 |
| sheriff.
| 29 |
| (b) If a person issued a permit to carry a concealed | 30 |
| firearm changes
residence within this State, or changes his or | 31 |
| her name, the person to whom the
permit was
issued may upon | 32 |
| payment of $25 to the sheriff obtain a
corrected concealed |
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| firearms permit with a change of address or change of name
upon | 2 |
| furnishing a notarized statement to the sheriff that
the | 3 |
| permittee has changed residence or his or her name and upon | 4 |
| submission of
an
application as set forth in Section 20 and a | 5 |
| photograph as set forth in
paragraph (3) of Section 25 of this | 6 |
| Act. A concealed firearms permit shall be
automatically invalid | 7 |
| after 30 days if the permittee has not notified the
sheriff of | 8 |
| a change of residence.
| 9 |
| (c) If a permit to carry a concealed firearm is lost or | 10 |
| destroyed, the
permit
shall be automatically invalid, and the | 11 |
| person to whom the permit was issued
may
upon payment of $25 to | 12 |
| the sheriff obtain a duplicate, and
upon furnishing a notarized | 13 |
| statement to the sheriff that
the permit was lost or destroyed, | 14 |
| and submission of an application as set forth
in Section 20 and | 15 |
| a photograph as set forth in paragraph (3) of Section 25 of
| 16 |
| this Act.
| 17 |
| Section 60. Concealed firearms permit.
| 18 |
| (a) A concealed firearm permit shall
authorize the person | 19 |
| in whose
name the permit is issued to
carry concealed firearms | 20 |
| on or about his or her person or vehicle throughout
the State. | 21 |
| No permit issued
under this Section shall authorize any person | 22 |
| to carry a concealed
firearm into or upon:
| 23 |
| (i) Any police, sheriff, or highway patrol
office or | 24 |
| station without the consent of the chief law enforcement | 25 |
| officer in
charge of
that office or station.
| 26 |
| (ii) The facility of any adult or juvenile detention or
| 27 |
| correctional institution, prison, or jail.
| 28 |
| (iii) Any courthouse, solely occupied by the Circuit, | 29 |
| Appellate, or
Supreme
Court or a courtroom of any of those | 30 |
| courts, or court proceeding, except that
nothing in this | 31 |
| Section shall preclude a judge, holding a concealed firearm
| 32 |
| permit, from carrying a
concealed firearm within a | 33 |
| courthouse.
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| (iv) Any meeting of the governing body of a unit of | 2 |
| local government; or
any
meeting of the General Assembly or | 3 |
| a committee of the General
Assembly, except that nothing in | 4 |
| this Section shall preclude a member of the
body holding a | 5 |
| concealed firearms permit from carrying a concealed | 6 |
| firearm at
a
meeting of the body of which he or she is a | 7 |
| member.
| 8 |
| The General Assembly or a county or municipality may by
| 9 |
| statute or ordinance prohibit or limit the
carrying of | 10 |
| concealed firearms by permit holders in that portion of a | 11 |
| building
owned, leased or controlled by that unit of | 12 |
| government. That portion of a
building in which the | 13 |
| carrying of concealed firearms is prohibited or limited
| 14 |
| shall be clearly identified by signs posted at the
entrance | 15 |
| to the restricted area. The statute or ordinance shall | 16 |
| exempt any
building used for public housing
by private | 17 |
| persons, highways or rest areas, firing ranges, and private
| 18 |
| dwellings
owned, leased, or controlled by that unit of | 19 |
| government from any restriction on
the carrying or | 20 |
| possession of a firearm. The statute or ordinance shall not
| 21 |
| specify any
criminal penalty for its violation but may | 22 |
| specify that persons violating the
statute or ordinance may | 23 |
| be denied entrance to the building, be ordered to leave
the | 24 |
| building, and, if employees of the unit of government, be | 25 |
| subjected to
disciplinary measures for violation of the | 26 |
| provisions of the statute or
ordinance. The provisions of | 27 |
| this Section shall not apply to any other unit of
| 28 |
| government.
| 29 |
| (v) Any portion of an establishment licensed to | 30 |
| dispense beer or
alcoholic
beverages for consumption on the | 31 |
| premises, which portion of the establishment
is primarily | 32 |
| devoted to that purpose.
| 33 |
| This paragraph (v) does not apply to any bona fide | 34 |
| restaurant open to the
general public having dining |
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| facilities
for not less than 50 persons and that receives | 2 |
| at least 50% of its
gross annual income from the
dining | 3 |
| facilities by the sale of food.
| 4 |
| (vi) Any area of an airport to which access is | 5 |
| controlled by the
inspection
of
persons and property.
| 6 |
| (vii) Any place where the carrying of a firearm is | 7 |
| prohibited by federal
law.
| 8 |
| (viii) Any elementary or secondary school facility | 9 |
| without the consent of
school
authorities.
| 10 |
| (ix) Any portion of a building used as a child care | 11 |
| facility without the
consent
of the manager. Nothing in | 12 |
| this Section shall prevent the operator of a
child care | 13 |
| facility in a family home from owning or possessing a | 14 |
| firearm or
permit.
| 15 |
| (x) A riverboat gambling operation or horse racing | 16 |
| facility accessible by
the public.
| 17 |
| (xi) Any gated area of an amusement park.
| 18 |
| (xii) Any stadium, arena, or collegiate or | 19 |
| professional sporting event.
| 20 |
| (xiii) A church or other place of religious worship.
| 21 |
| A violation of this subsection (a) is a Class A | 22 |
| misdemeanor.
| 23 |
| A concealed firearm permit does not authorize the concealed | 24 |
| carrying or
transportation of a stun gun or taser.
| 25 |
| (b) The owner, business or commercial lessee, manager of a | 26 |
| private
business enterprise, or any other organization, | 27 |
| entity,
or person
may prohibit persons holding a permit for | 28 |
| concealed firearms
from carrying concealed firearms on the | 29 |
| premises and may prohibit employees,
not authorized by the | 30 |
| employer, holding a permit for concealed firearms from
carrying | 31 |
| concealed firearms on the property of the employer. If the | 32 |
| building
or the premises are open to the public, the employer | 33 |
| of the business enterprise
shall post signs on or about the | 34 |
| premises if carrying a concealed firearm is
prohibited. |
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| Possession of a firearm in a vehicle on the premises shall not | 2 |
| be
a criminal offense so long as the firearm is not removed | 3 |
| from the vehicle or
brandished while the vehicle is on the | 4 |
| premises. An employer may prohibit
employees or other persons | 5 |
| holding a permit for a concealed firearm from
carrying a | 6 |
| concealed firearm in vehicles owned by the employer. Carrying | 7 |
| of a
concealed firearm in a location specified in this | 8 |
| subsection by a permit holder
shall not be a criminal act but | 9 |
| may subject the person to denial to the
premises or removal | 10 |
| from the premises.
| 11 |
| Section 65. Immunity of sheriff
and his or her employees | 12 |
| and
agents.
The sheriff or office of the county sheriff or any
| 13 |
| employee or agent of the sheriff shall
not be liable for
| 14 |
| damages in any civil action arising from alleged wrongful or | 15 |
| improper granting,
renewing, or failure to revoke permits | 16 |
| issued under this Act.
The office of the county sheriff or any | 17 |
| employee
or agent of the office of the
county sheriff shall not | 18 |
| be liable for
stating specific and articulable
reasons why an | 19 |
| applicant should be denied a permit.
| 20 |
| Section 70. Fees.
Fees collected under this Act shall be | 21 |
| used for administrating the
provisions
of this Act.
| 22 |
| (i) Fees for a concealed firearms permit shall be:
| 23 |
| New permit..$100
| 24 |
| Renewal..$75
| 25 |
| Duplicate due to lost or destroyed..$25
| 26 |
| Corrected permit due to change of address or name..$25
| 27 |
| Late renewal fee..$25
| 28 |
| (ii) The Secretary of State shall conduct a study to | 29 |
| determine the cost and
feasibility of creating a method of | 30 |
| adding an identifiable code, background,
or other means to show | 31 |
| that an individual has been issued a permit to carry a
| 32 |
| concealed firearm by the sheriff on the person's driver's
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| license.
| 2 |
| Section 75. Applicant training.
| 3 |
| (a) The applicant training course is a standardized | 4 |
| training course
taught by a qualified firearms instructor that
| 5 |
| consists of:
| 6 |
| (1) Twelve hours of classroom instruction, covering at | 7 |
| least the following
topics:
| 8 |
| (i) handgun safety in the classroom, at home, on | 9 |
| the firing range or
while carrying the firearm;
| 10 |
| (ii) the basic principles of marksmanship;
| 11 |
| (iii) care and cleaning of handguns;
| 12 |
| (iv) laws relating to firearms as prescribed in the | 13 |
| Firearm Owners
Identification Card Act, Article 24 of | 14 |
| the Criminal Code of 1961, and 18 U.S.C.
921 through | 15 |
| 930;
and
| 16 |
| (v) laws relating to the justifiable use of force | 17 |
| as prescribed in
Article 7 of the Criminal Code of | 18 |
| 1961.
| 19 |
| (2) Live firing exercises of sufficient duration for | 20 |
| each applicant to
fire a handgun:
| 21 |
| (i) from a standing position;
| 22 |
| (ii) a minimum of 20 rounds;
| 23 |
| (iii) at a distance from a B-21 silhouette target, | 24 |
| or an equivalent as
approved by the sheriff, of 7 | 25 |
| yards.
| 26 |
| (b) The classroom portion of the course may be, at the | 27 |
| qualified firearms
instructor's discretion, divided into
| 28 |
| segments of not less than 2 hours each.
| 29 |
| (c) (1) An applicant training course shall not be open to | 30 |
| persons who are
less
than 21 years of age.
| 31 |
| (2) An applicant training course student shall | 32 |
| complete a course
application
form, which shall include a | 33 |
| statement acknowledging receipt of copies of
pertinent |
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| statutory provisions listed in clauses (iv) and (v) of | 2 |
| paragraph (1) of subsection (a) and a
liability waiver.
| 3 |
| (3) The course application form may be obtained from | 4 |
| the
qualified firearms instructor at the time of the | 5 |
| course.
| 6 |
| (d) At the conclusion of the classroom portion of the | 7 |
| applicant training
course, the qualified firearms instructor | 8 |
| shall:
| 9 |
| (1) distribute a standard course examination to the | 10 |
| students;
| 11 |
| (2) not leave the room in which the examination is | 12 |
| being held while the
examination is in progress;
| 13 |
| (3) collect examination booklets and answer sheets | 14 |
| from each student at
the end of the examination period;
| 15 |
| (4) not grade the examinations in the presence of | 16 |
| students; and
| 17 |
| (5) not divulge an applicant's numeric score on the day | 18 |
| of the
examination, but may indicate whether an applicant | 19 |
| passed or failed the
examination.
| 20 |
| (e) A person shall not:
| 21 |
| (1) Make an unauthorized copy of the applicant training | 22 |
| course
examination, in whole or in part;
| 23 |
| (2) Possess the applicant training course examination, | 24 |
| or questions from
the examination, unless authorized by the | 25 |
| sheriff; or
| 26 |
| (3) Divulge the contents of an applicant training | 27 |
| course examination
questions to another person.
| 28 |
| (f) (1) Students shall provide their own safe, functional | 29 |
| handgun and
factory-loaded ammunition.
| 30 |
| (2) Prior to conducting range firing, the certified | 31 |
| firearms instructor
shall:
| 32 |
| (i) inspect each applicant's firearm; and
| 33 |
| (ii) not allow the firing of a handgun that is not | 34 |
| in sound mechanical
condition or otherwise may pose a |
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| safety hazard.
| 2 |
| (g) Grades of "passing" shall not be given on range work to | 3 |
| an applicant
who:
| 4 |
| (1) does not follow the orders of the certified | 5 |
| firearms instructor;
| 6 |
| (2) in the judgment of the certified firearms | 7 |
| instructor, handles a
firearm
in a manner that poses a | 8 |
| danger to the applicant or to others; or
| 9 |
| (3) during the testing portion of the range work fails | 10 |
| to hit the
silhouette portion of the target with a majority | 11 |
| of
20 rounds.
| 12 |
| (h) Certified firearms instructors shall:
| 13 |
| (1) allow monitoring of their classes by officials of | 14 |
| any certifying
agency;
| 15 |
| (2) make all course records available upon demand to | 16 |
| authorized
personnel of the sheriff; and
| 17 |
| (3) not divulge course records except as authorized by | 18 |
| the certifying
agency.
| 19 |
| (i) (1) Fees for applicant training courses shall not | 20 |
| exceed $75 per
student.
| 21 |
| (2) Qualified firearms instructors shall collect the | 22 |
| fee and remit $25 of
the fee to the sheriff.
| 23 |
| (3) Fees shall not be refunded to students who fail or | 24 |
| otherwise do not
complete the course.
| 25 |
| (j) An applicant training course shall not have more than | 26 |
| 40 students in
the
classroom portion or more than 5 students | 27 |
| per range officer engaged in range
firing.
| 28 |
| (k) Within 3 working days after the completion of the | 29 |
| course, the
certified
firearms instructor shall:
| 30 |
| (1) grade the examinations; and
| 31 |
| (2) mail to the sheriff:
| 32 |
| (i) the completed course application form, | 33 |
| showing each student's
score on
the written | 34 |
| examination and indicating whether the student |
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| passed or failed the
range work; and
| 2 |
| (ii) the graded examinations.
| 3 |
| (l) Within 15 days after receipt of the material described | 4 |
| in subsection (k),
the sheriff shall mail to the applicant:
| 5 |
| (i) A certificate of successful course completion; or
| 6 |
| (ii) Notification that the applicant has failed the | 7 |
| course and will not be
certified.
| 8 |
| (m) A student shall be issued a certificate of completion | 9 |
| if he or she:
| 10 |
| (i) answers at least 70% of the written examination | 11 |
| questions correctly;
and
| 12 |
| (ii) achieves a grade of "passing" on the range work.
| 13 |
| (n) (i) Students who score below 70% on the written | 14 |
| examination may
retake
the examination one time without having | 15 |
| to retake the course.
| 16 |
| (ii) Students who do not achieve a grade of "passing" | 17 |
| on the range work
may
repeat the range work one time | 18 |
| without having to retake the course.
| 19 |
| (iii) Notices of failure must include information on | 20 |
| whether the student
failed the written exam, the range | 21 |
| firing, or both.
| 22 |
| Section 80. Firearms instructors training.
| 23 |
| (a) Persons who are not qualified firearms instructors | 24 |
| shall not teach
applicant training courses.
| 25 |
| (b) Persons who are not qualified firearms instructors | 26 |
| shall not advertise
or otherwise represent courses they teach | 27 |
| as qualifying their students to meet
the requirements to | 28 |
| receive a permit to carry concealed firearms in this State.
| 29 |
| (c) Persons who are not certified instructor trainers shall | 30 |
| not teach
instructor qualification courses.
| 31 |
| (d) Persons wishing to become qualified firearms | 32 |
| instructors shall:
| 33 |
| (1) be at least 21 years of age;
and
|
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| (2) be a citizen of the United States.
| 2 |
| (e) Persons wishing to become instructor trainers, in | 3 |
| addition to the
requirements of subsection (d) of this Section, | 4 |
| shall:
| 5 |
| (1) possess a high school diploma or GED certificate; | 6 |
| and
| 7 |
| (2) have at least one of the following valid firearms | 8 |
| instructor
certifications:
| 9 |
| (I) National Rifle Association Personal Protection | 10 |
| Instructor;
| 11 |
| (II) National Rifle Association Pistol | 12 |
| Marksmanship Instructor;
| 13 |
| (III) Certification from a firearms instructor's | 14 |
| course offered by a
State
or federal governmental | 15 |
| agency; or
| 16 |
| (IV) A similar firearms instructor qualifying | 17 |
| course, approved by the
Executive Director of the | 18 |
| Illinois Law Enforcement Training Standards Board or | 19 |
| his or her designee.
| 20 |
| (f) (1) Applicants shall agree to background checks.
| 21 |
| (2) An applicant may be disqualified from taking | 22 |
| firearms instructor training, or have his or her instructor | 23 |
| qualification revoked, if the applicant: | 24 |
| (A) provides false or misleading information on | 25 |
| the application; or | 26 |
| (B) has had a prior instructor qualification | 27 |
| revoked by the sheriff.
| 28 |
| Section 85. Severability.
The provisions of this Act are | 29 |
| severable under Section 1.31 of the Statute on
Statutes.
| 30 |
| Section 900. The Criminal Code of 1961 is amended by | 31 |
| changing
Section 24-2 and by adding Section 24-11 as follows:
|
|
|
|
09400HB2567ham001 |
- 18 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 2 |
| Sec. 24-2. Exemptions.
| 3 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 4 |
| Section
24-1.6 do not apply to
or affect any of the following:
| 5 |
| (1) Peace officers, and any person summoned by a peace | 6 |
| officer to
assist in making arrests or preserving the | 7 |
| peace, while actually engaged in
assisting such officer.
| 8 |
| (2) Wardens, superintendents and keepers of prisons,
| 9 |
| penitentiaries, jails and other institutions for the | 10 |
| detention of persons
accused or convicted of an offense, | 11 |
| while in the performance of their
official duty, or while | 12 |
| commuting between their homes and places of employment.
| 13 |
| (3) Members of the Armed Services or Reserve Forces of | 14 |
| the United States
or the Illinois National Guard or the | 15 |
| Reserve Officers Training Corps,
while in the performance | 16 |
| of their official duty.
| 17 |
| (4) Special agents employed by a railroad or a public | 18 |
| utility to
perform police functions, and guards of armored | 19 |
| car companies, while
actually engaged in the performance of | 20 |
| the duties of their employment or
commuting between their | 21 |
| homes and places of employment; and watchmen
while actually | 22 |
| engaged in the performance of the duties of their | 23 |
| employment.
| 24 |
| (5) Persons licensed as private security contractors, | 25 |
| private
detectives, or private alarm contractors, or | 26 |
| employed by an agency
certified by the Department of | 27 |
| Professional Regulation, if their duties
include the | 28 |
| carrying of a weapon under the provisions of the Private
| 29 |
| Detective, Private Alarm,
Private Security, and Locksmith | 30 |
| Act of 2004,
while actually
engaged in the performance of | 31 |
| the duties of their employment or commuting
between their | 32 |
| homes and places of employment, provided that such | 33 |
| commuting
is accomplished within one hour from departure | 34 |
| from home or place of
employment, as the case may be. |
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| Persons exempted under this subdivision
(a)(5) shall be | 2 |
| required to have completed a course of
study in firearms | 3 |
| handling and training approved and supervised by the
| 4 |
| Department of Professional Regulation as prescribed by | 5 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 6 |
| Security, and Locksmith Act of 2004, prior
to becoming | 7 |
| eligible for this exemption. The Department of | 8 |
| Professional
Regulation shall provide suitable | 9 |
| documentation demonstrating the
successful completion of | 10 |
| the prescribed firearms training. Such
documentation shall | 11 |
| be carried at all times when such persons are in
possession | 12 |
| of a concealable weapon.
| 13 |
| (6) Any person regularly employed in a commercial or | 14 |
| industrial
operation as a security guard for the protection | 15 |
| of persons employed
and private property related to such | 16 |
| commercial or industrial
operation, while actually engaged | 17 |
| in the performance of his or her
duty or traveling between | 18 |
| sites or properties belonging to the
employer, and who, as | 19 |
| a security guard, is a member of a security force of
at | 20 |
| least 5 persons registered with the Department of | 21 |
| Professional
Regulation; provided that such security guard | 22 |
| has successfully completed a
course of study, approved by | 23 |
| and supervised by the Department of
Professional | 24 |
| Regulation, consisting of not less than 40 hours of | 25 |
| training
that includes the theory of law enforcement, | 26 |
| liability for acts, and the
handling of weapons. A person | 27 |
| shall be considered eligible for this
exemption if he or | 28 |
| she has completed the required 20
hours of training for a | 29 |
| security officer and 20 hours of required firearm
training, | 30 |
| and has been issued a firearm authorization card by
the | 31 |
| Department of Professional Regulation. Conditions for the | 32 |
| renewal of
firearm authorization cards issued under the | 33 |
| provisions of this Section
shall be the same as for those | 34 |
| cards issued under the provisions of the
Private Detective, |
|
|
|
09400HB2567ham001 |
- 20 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 2 |
| Such
firearm authorization card shall be carried by the | 3 |
| security guard at all
times when he or she is in possession | 4 |
| of a concealable weapon.
| 5 |
| (7) Agents and investigators of the Illinois | 6 |
| Legislative Investigating
Commission authorized by the | 7 |
| Commission to carry the weapons specified in
subsections | 8 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 9 |
| any investigation for the Commission.
| 10 |
| (8) Persons employed by a financial institution for the | 11 |
| protection of
other employees and property related to such | 12 |
| financial institution, while
actually engaged in the | 13 |
| performance of their duties, commuting between
their homes | 14 |
| and places of employment, or traveling between sites or
| 15 |
| properties owned or operated by such financial | 16 |
| institution, provided that
any person so employed has | 17 |
| successfully completed a course of study,
approved by and | 18 |
| supervised by the Department of Professional Regulation,
| 19 |
| consisting of not less than 40 hours of training which | 20 |
| includes theory of
law enforcement, liability for acts, and | 21 |
| the handling of weapons.
A person shall be considered to be | 22 |
| eligible for this exemption if he or
she has completed the | 23 |
| required 20 hours of training for a security officer
and 20 | 24 |
| hours of required firearm training, and has been issued a
| 25 |
| firearm authorization card by the Department of | 26 |
| Professional Regulation.
Conditions for renewal of firearm | 27 |
| authorization cards issued under the
provisions of this | 28 |
| Section shall be the same as for those issued under the
| 29 |
| provisions of the Private Detective, Private Alarm,
| 30 |
| Private Security, and Locksmith Act of 2004.
Such firearm | 31 |
| authorization card shall be carried by the person so
| 32 |
| trained at all times when such person is in possession of a | 33 |
| concealable
weapon. For purposes of this subsection, | 34 |
| "financial institution" means a
bank, savings and loan |
|
|
|
09400HB2567ham001 |
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LRB094 09731 RLC 44836 a |
|
| 1 |
| association, credit union or company providing
armored car | 2 |
| services.
| 3 |
| (9) Any person employed by an armored car company to | 4 |
| drive an armored
car, while actually engaged in the | 5 |
| performance of his duties.
| 6 |
| (10) Persons who have been classified as peace officers | 7 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 8 |
| (11) Investigators of the Office of the State's | 9 |
| Attorneys Appellate
Prosecutor authorized by the board of | 10 |
| governors of the Office of the
State's Attorneys Appellate | 11 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 12 |
| State's Attorneys Appellate Prosecutor's Act.
| 13 |
| (12) Special investigators appointed by a State's | 14 |
| Attorney under
Section 3-9005 of the Counties Code.
| 15 |
| (12.5) Probation officers while in the performance of | 16 |
| their duties, or
while commuting between their homes, | 17 |
| places of employment or specific locations
that are part of | 18 |
| their assigned duties, with the consent of the chief judge | 19 |
| of
the circuit for which they are employed.
| 20 |
| (13) Court Security Officers while in the performance | 21 |
| of their official
duties, or while commuting between their | 22 |
| homes and places of employment, with
the
consent of the | 23 |
| Sheriff.
| 24 |
| (13.5) A person employed as an armed security guard at | 25 |
| a nuclear energy,
storage, weapons or development site or | 26 |
| facility regulated by the Nuclear
Regulatory Commission | 27 |
| who has completed the background screening and training
| 28 |
| mandated by the rules and regulations of the Nuclear | 29 |
| Regulatory Commission.
| 30 |
| (14) Manufacture, transportation, or sale of weapons | 31 |
| to
persons
authorized under subdivisions (1) through | 32 |
| (13.5) of this
subsection
to
possess those weapons.
| 33 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 34 |
| 24-1.6 do not
apply to or affect
any of the following:
|
|
|
|
09400HB2567ham001 |
- 22 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| (1) Members of any club or organization organized for | 2 |
| the purpose of
practicing shooting at targets upon | 3 |
| established target ranges, whether
public or private, and | 4 |
| patrons of such ranges, while such members
or patrons are | 5 |
| using their firearms on those target ranges.
| 6 |
| (2) Duly authorized military or civil organizations | 7 |
| while parading,
with the special permission of the | 8 |
| Governor.
| 9 |
| (3) Hunters, trappers or fishermen with a license or
| 10 |
| permit while engaged in hunting,
trapping or fishing.
| 11 |
| (4) Transportation of weapons that are broken down in a
| 12 |
| non-functioning state or are not immediately accessible.
| 13 |
| (5) Carrying a concealed firearm by a permittee who has | 14 |
| been issued a
permit to carry a concealed firearm under the | 15 |
| Judicial Personal Protection
Act.
| 16 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 17 |
| of the
following:
| 18 |
| (1) Peace officers while in performance of their | 19 |
| official duties.
| 20 |
| (2) Wardens, superintendents and keepers of prisons, | 21 |
| penitentiaries,
jails and other institutions for the | 22 |
| detention of persons accused or
convicted of an offense.
| 23 |
| (3) Members of the Armed Services or Reserve Forces of | 24 |
| the United States
or the Illinois National Guard, while in | 25 |
| the performance of their official
duty.
| 26 |
| (4) Manufacture, transportation, or sale of machine | 27 |
| guns to persons
authorized under subdivisions (1) through | 28 |
| (3) of this subsection to
possess machine guns, if the | 29 |
| machine guns are broken down in a
non-functioning state or | 30 |
| are not immediately accessible.
| 31 |
| (5) Persons licensed under federal law to manufacture | 32 |
| any weapon from
which 8 or more shots or bullets can be | 33 |
| discharged by a
single function of the firing device, or | 34 |
| ammunition for such weapons, and
actually engaged in the |
|
|
|
09400HB2567ham001 |
- 23 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| business of manufacturing such weapons or
ammunition, but | 2 |
| only with respect to activities which are within the lawful
| 3 |
| scope of such business, such as the manufacture, | 4 |
| transportation, or testing
of such weapons or ammunition. | 5 |
| This exemption does not authorize the
general private | 6 |
| possession of any weapon from which 8 or more
shots or | 7 |
| bullets can be discharged by a single function of the | 8 |
| firing
device, but only such possession and activities as | 9 |
| are within the lawful
scope of a licensed manufacturing | 10 |
| business described in this paragraph.
| 11 |
| During transportation, such weapons shall be broken | 12 |
| down in a
non-functioning state or not immediately | 13 |
| accessible.
| 14 |
| (6) The manufacture, transport, testing, delivery, | 15 |
| transfer or sale,
and all lawful commercial or experimental | 16 |
| activities necessary thereto, of
rifles, shotguns, and | 17 |
| weapons made from rifles or shotguns,
or ammunition for | 18 |
| such rifles, shotguns or weapons, where engaged in
by a | 19 |
| person operating as a contractor or subcontractor pursuant | 20 |
| to a
contract or subcontract for the development and supply | 21 |
| of such rifles,
shotguns, weapons or ammunition to the | 22 |
| United States government or any
branch of the Armed Forces | 23 |
| of the United States, when such activities are
necessary | 24 |
| and incident to fulfilling the terms of such contract.
| 25 |
| The exemption granted under this subdivision (c)(6)
| 26 |
| shall also apply to any authorized agent of any such | 27 |
| contractor or
subcontractor who is operating within the | 28 |
| scope of his employment, where
such activities involving | 29 |
| such weapon, weapons or ammunition are necessary
and | 30 |
| incident to fulfilling the terms of such contract.
| 31 |
| During transportation, any such weapon shall be broken | 32 |
| down in a
non-functioning state, or not immediately | 33 |
| accessible.
| 34 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
|
|
|
09400HB2567ham001 |
- 24 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| possession
or carrying of a black-jack or slung-shot by a peace | 2 |
| officer.
| 3 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 4 |
| manager or
authorized employee of any place specified in that | 5 |
| subsection nor to any
law enforcement officer.
| 6 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 7 |
| Section 24-1.6
do not apply
to members of any club or | 8 |
| organization organized for the purpose of practicing
shooting | 9 |
| at targets upon established target ranges, whether public or | 10 |
| private,
while using their firearms on those target ranges.
| 11 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 12 |
| to:
| 13 |
| (1) Members of the Armed Services or Reserve Forces of | 14 |
| the United
States or the Illinois National Guard, while in | 15 |
| the performance of their
official duty.
| 16 |
| (2) Bonafide collectors of antique or surplus military | 17 |
| ordinance.
| 18 |
| (3) Laboratories having a department of forensic | 19 |
| ballistics, or
specializing in the development of | 20 |
| ammunition or explosive ordinance.
| 21 |
| (4) Commerce, preparation, assembly or possession of | 22 |
| explosive
bullets by manufacturers of ammunition licensed | 23 |
| by the federal government,
in connection with the supply of | 24 |
| those organizations and persons exempted
by subdivision | 25 |
| (g)(1) of this Section, or like organizations and persons
| 26 |
| outside this State, or the transportation of explosive | 27 |
| bullets to any
organization or person exempted in this | 28 |
| Section by a common carrier or by a
vehicle owned or leased | 29 |
| by an exempted manufacturer.
| 30 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 31 |
| persons licensed
under federal law to manufacture any device or | 32 |
| attachment of any kind designed,
used, or intended for use in | 33 |
| silencing the report of any firearm, firearms, or
ammunition
| 34 |
| for those firearms equipped with those devices, and actually |
|
|
|
09400HB2567ham001 |
- 25 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| engaged in the
business of manufacturing those devices, | 2 |
| firearms, or ammunition, but only with
respect to
activities | 3 |
| that are within the lawful scope of that business, such as the
| 4 |
| manufacture, transportation, or testing of those devices, | 5 |
| firearms, or
ammunition. This
exemption does not authorize the | 6 |
| general private possession of any device or
attachment of any | 7 |
| kind designed, used, or intended for use in silencing the
| 8 |
| report of any firearm, but only such possession and activities | 9 |
| as are within
the
lawful scope of a licensed manufacturing | 10 |
| business described in this subsection
(g-5). During | 11 |
| transportation, those devices shall be detached from any weapon
| 12 |
| or
not immediately accessible.
| 13 |
| (h) An information or indictment based upon a violation of | 14 |
| any
subsection of this Article need not negative any exemptions | 15 |
| contained in
this Article. The defendant shall have the burden | 16 |
| of proving such an
exemption.
| 17 |
| (i) Nothing in this Article shall prohibit, apply to, or | 18 |
| affect
the transportation, carrying, or possession, of any | 19 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 20 |
| to a common carrier operating
under license of the State of | 21 |
| Illinois or the federal government, where
such transportation, | 22 |
| carrying, or possession is incident to the lawful
| 23 |
| transportation in which such common carrier is engaged; and | 24 |
| nothing in this
Article shall prohibit, apply to, or affect the | 25 |
| transportation, carrying,
or possession of any pistol, | 26 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 27 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 28 |
| this Article, which is unloaded and enclosed in a case, firearm
| 29 |
| carrying box, shipping box, or other container, by the | 30 |
| possessor of a valid
Firearm Owners Identification Card.
| 31 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 32 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 33 |
| (720 ILCS 5/24-11 new)
|
|
|
|
09400HB2567ham001 |
- 26 - |
LRB094 09731 RLC 44836 a |
|
| 1 |
| Sec. 24-11. Preemption. It is declared to be the policy of | 2 |
| this State that the regulation of the right to carry concealed | 3 |
| firearms is a power and function of the State. A unit of local | 4 |
| government, including a home rule unit, may not regulate the | 5 |
| carrying of concealed firearms by individuals issued permits by | 6 |
| a state agency, sheriff, or local law enforcement department in | 7 |
| a manner inconsistent with Section 60 of the Judicial Personal | 8 |
| Protection Act. This Section is a denial and limitation of home | 9 |
| rule powers and functions under subsection (i) of Section 6 of | 10 |
| Article VII of the Illinois Constitution. | 11 |
| Section 999. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|