Illinois General Assembly - Full Text of HB0148
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Full Text of HB0148  97th General Assembly


Rep. Brandon W. Phelps

Filed: 4/28/2011





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2    AMENDMENT NO. ______. Amend House Bill 148, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Family and Personal Protection Act.
7    Section 10. Definitions. As used in this Act:
8    "Concealed firearm" means a loaded or unloaded handgun
9carried on or about a person completely or mostly concealed
10from view of the public, or carried in a vehicle in such a way
11as it is concealed from view of the public.
12    "Department" means the Department of State Police.
13    "Director" means the Director of State Police.
14    "Fund" means the Citizen Safety and Self-Defense Trust
16    "Handgun" means any device which is designed to expel a



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1projectile or projectiles by the action of an explosion,
2expansion of gas, or escape of gas that is designed to be held
3and fired by the use of a single hand, and includes a
4combination of parts from which such a firearm can be
5assembled. "Handgun" does not include a stun gun or taser.
6    "License" means a license issued by the Department of State
7Police to carry a loaded or unloaded concealed firearm.
8    "Licensee" means a person issued a license to carry a
9concealed firearm.
10    "Peace officer" means (i) any person who by virtue of his
11or her office or public employment is vested by law with a duty
12to maintain public order or to make arrests for offenses,
13whether that duty extends to all offenses or is limited to
14specific offenses, or (ii) any person who, by statute, is
15granted and authorized to exercise powers similar to those
16conferred upon any peace officer employed by a law enforcement
17agency of this State.
18    Section 15. Citizen Safety and Self-Defense Trust Fund.
19Fees from applications for licenses shall be deposited into the
20Citizen Safety and Self-Defense Trust Fund, a special fund that
21is created in the State treasury. Moneys in the Fund may be
22invested and any income from investments shall be deposited
23into the Fund. Subject to appropriation, moneys in the Fund
24shall exclusively be used to assist the Department with the
25administrative costs associated with this Act.



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1    Section 20. Issuance of licenses to carry a concealed
3    (a) The Department shall issue a license to an applicant
4who (i) meets the qualifications of Section 25; (ii) has
5provided the application and documentation required in Section
630; and (iii) has submitted the requisite fees. The Department
7shall issue a renewal, corrected, or duplicate license in
8accordance with this Act.
9    (a-5) A licensee shall possess a license at all times the
10licensee carries a concealed firearm except (i) if the person
11is carrying or possession a concealed weapon and the person is
12on his or her land or in his or her abode or legal dwelling or
13in the abode or legal dwelling of another person as an invitee
14with that person's permission; (ii) if the person is authorized
15to carry a firearm under Section 24-2 of the Criminal Code of
161961; or (iii) the weapon is broken down in a non-functioning
17state, is not immediately accessible, or is enclosed in a case,
18firearm carrying box, shipping box, or other container.
19    (a-10) A licensee shall display the license upon the
20request of a peace officer or person designated to enforce the
21provisions of Section 70.
22    (b) The Department shall make applications for a license
23available no later than 180 days after the effective date of
24this Act. Applications shall be available at Department
25locations, sheriff offices, on the Department's official



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1website, and any other location designated by the Department.
2    (c) A completed application for a license shall be
3submitted to the office of the sheriff of the county in which
4the applicant resides with all accompanying materials and fees.
5The sheriff shall review the application and submit a completed
6application, all accompanying materials, and the application
7fee to the Department within 30 days of receipt. The sheriff
8shall promptly return an incomplete application to the
9applicant. Each applicant for a license shall submit a $100
10application fee, of which $25 shall be retained by the sheriff
11for expenses related to receiving and reviewing applications,
12and $75 shall be submitted to the Department and deposited into
13the Citizen Safety and Self Defense Trust Fund. The sheriff may
14require an applicant submit the fee in 2 portions: (1) $25
15payable to the sheriff, and (2) $75 payable to the Department.
16    (d) A sheriff may submit an objection to an application,
17provided the objection is in writing, includes specific reasons
18for the objection, and is submitted with the application. Upon
19request of a municipal law enforcement agency, the sheriff
20shall notify the department of the name, address, and date of
21birth of any person submitting an application for a license.
22The municipal police department may submit to the sheriff
23information deemed to be relevant to the application, and the
24sheriff may consider such information when determining whether
25to submit an objection. Any objection submitted by a sheriff,
26including reports submitted to a sheriff by a municipal law



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1enforcement agency, must be disclosed to the applicant unless
2disclosure would interfere with a criminal investigation, or as
3determined by the Department, disclosure may threaten the
4safety or welfare of the sheriff or local law enforcement
6    (e) Notwithstanding subsection (a), the Department may
7consider any objection or recommendation made by the sheriff
8and may determine the applicant is ineligible based solely on
9those objections. If the applicant is found by the Department
10to be ineligible, the Department shall deny the application and
11notify the applicant and the sheriff in writing, stating the
12grounds for denial. The notice of denial must inform the
13applicant that he or she may, within 30 days, appeal the denial
14and submit additional materials relevant to the grounds for
15denial. Upon receiving any additional documentation, the
16Department shall reconsider its decision and inform the
17applicant within 30 days of the result of the reconsideration.
18If upon reconsideration the Department denies the application,
19the applicant must be informed of the right to administrative
21    (f) The license shall be issued by the Department within 45
22days of receipt of a completed application from a sheriff. A
23license shall be valid throughout the State for a period of 5
25    (g) The Department shall promulgate rules to implement the
26provisions of this Section.



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1    Section 25. Qualifications of an applicant for a license.
2The Department shall issue a license to an applicant completing
3an application in accordance with Section 30 of this Act if the
5        (a) is at least 21 years of age;
6        (b) has a valid Firearm Owner's Identification Card, or
7    if applying for a non-resident license, has a notarized
8    document stating the applicant is eligible under federal
9    law and the laws of his or her home state to own a firearm;
10        (c) resides within the State of Illinois or resides in
11    another state and requests a license under Section 65;
12        (d) has not been convicted in Illinois or any other
13    state of (i) a felony, (ii) a misdemeanor involving the use
14    or threat of physical force or violence to any person
15    within the 10 years preceding the date of the application,
16    or (iii) a misdemeanor involving the use, possession, or
17    distribution of a controlled substance or cannabis within
18    the 10 years preceding the date of the application;
19        (e) has not been a patient in a mental institution
20    within the past 5 years, has not been adjudicated as a
21    mental defective, and is not mentally retarded;
22        (f) is not free on any form of bond or pretrial
23    release, other than for a traffic offense or other
24    disqualifying act, and has no outstanding warrants in
25    Illinois or any other state;



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1        (g) does not chronically and habitually use alcoholic
2    beverages as evidenced by the applicant having 2 or more
3    convictions for violating Section 11-501 of the Illinois
4    Vehicle Code or similar provision of a local ordinance
5    within 5 years preceding the date of the application, or if
6    the applicant has elected treatment under the supervision
7    of a licensed program in accordance with the Alcoholism and
8    Other Drug Abuse and Dependency Act or similar laws of any
9    other state, within 5 years preceding the date of the
10    application; and
11        (h) has completed firearms training and any
12    educational component required in Section 85 of this Act.
13    Section 30. Contents of application.
14    (a) The application shall be in writing, under oath and
15penalty of perjury, on a standard form promulgated by the
16Department and shall be accompanied by the documentation
17required in this Section and all applicable fees.
18    (b) The application shall contain the following
20        (i) the applicant's name, current address, gender,
21    date and year of birth, place of birth, height, weight,
22    hair color, eye color, maiden name or any other name the
23    applicant has used or identified with, and any address at
24    which the applicant resided for more than 30 days within
25    the 5 years preceding the date of the application;



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1        (ii) the applicant's drivers license or state
2    identification card number and the last 4 digits of the
3    applicant's social security number;
4        (iii) questions to certify or demonstrate the
5    applicant has completed firearms training and any
6    educational component required in Section 85 of this Act;
7        (iv) a statement that the applicant is a resident of
8    the State of Illinois, except persons applying under
9    Section 65 shall be instructed to submit the information
10    required in that Section;
11        (v) a waiver of privacy and confidentiality rights and
12    privileges enjoyed by the applicant under all federal and
13    State laws, including those governing access to juvenile
14    court, criminal justice, psychological or psychiatric
15    records, or records relating to the applicant's history of
16    institutionalization, and an affirmative request that any
17    person having custody of any such record provide it or
18    information concerning it to the Department;
19        (vi) a conspicuous warning that false statements made
20    by the applicant will result in prosecution for perjury in
21    accordance with Section 32-2 of the Criminal Code of 1961;
22        (vii) an affirmation that the applicant either
23    possesses a currently valid Illinois Firearm Owner's
24    Identification Card, in which case the application shall
25    include the card number, or is applying for the card in
26    conjunction with the application for a license, except



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1    persons applying under Section 65 shall be instructed to
2    submit a copy of a valid license to carry a handgun issued
3    by their home state, if applicable, or submit a notarized
4    document stating the applicant is eligible under the laws
5    of his or her home state to possess a handgun; and
6        (viii) an affirmation that the applicant has never been
7    convicted in Illinois or any other state of (i) a felony,
8    (ii) a misdemeanor involving the use or threat of physical
9    force or violence to any person within the 10 years
10    preceding the date of the application, or (iii) a
11    misdemeanor involving the use, possession, or distribution
12    of a controlled substance or cannabis within the 10 years
13    preceding the date of the application.
14    (c) A person applying for a license shall provide a head
15and shoulder color photograph in a size specified by the
16Department that was taken within the 30 days preceding the date
17of the application. The applicant shall consent to the
18Department reviewing and using the applicant's digital
19driver's license or Illinois Identification photograph and
20signature, if available. The Secretary of State shall allow the
21Department access to the photograph and signature for the
22purpose of identifying the applicant and issuing to the
23applicant a license.
24    (d) A person applying for a license shall submit with an
25application a full set of legible fingerprints. Fingerprinting
26may be administered by the Department or any other federal,



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1State, county, or municipal law enforcement agency. The cost of
2fingerprinting shall be paid by the applicant, provided that
3the Department or law enforcement agency may charge no more
4than $25 for a single set of fingerprints. The Department shall
5accept a hard copy or electronic version of fingerprints.
6    (e) A person applying for a license shall submit a
7photocopy of a certificate or other evidence of completion of a
8course to show compliance with Section 85 of this Act.
9    (f) The Department is authorized to establish a system for
10electronically submitting applications, including applications
11for renewal or a replacement license.
12    Section 35. Database of applicants and licensees.
13     (a) The Department shall maintain a database of applicants
14for a license and licenses. The database shall be available to
15all Illinois law enforcement agencies, State's Attorneys, and
16the Attorney General. Members and staff of the judiciary may
17access the database for the purpose of determining whether to
18confiscate a license or to ensure compliance with this Act or
19any other law. The database shall be searchable and provide all
20information included in the application, a photo of the
21applicant or licensee, and any information related to
22violations of this Act. Individual law enforcement agencies
23shall not maintain a separate, searchable database of
24applicants and licensees containing information included in
25the database.



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1    (b) The Department shall make available on its website and
2upon request under the Freedom of Information Act statistical
3information about the number of licenses issues by county, age,
4race, or gender. Such report shall be updated monthly. Except
5as provided in this subsection, applications and information in
6the database shall be confidential and exempt from disclosure
7under the Freedom of Information Act. The Department may answer
8requests to confirm or deny whether a person has been issued a
9license as part of inquiries dealing with a criminal
10investigation. Individual law enforcement agencies, State's
11Attorneys, and judicial staff shall sign a confidentiality
12agreement, prepared by the Department, prior to receiving
13access to the database. No law enforcement agency, State's
14Attorney, or member or staff of the judiciary, other than the
15Department, shall provide any information to a requester not
16entitled to it by law, except as required or necessary for the
17conduct of a criminal investigation.
18    Section 40. Suspension or revocation of a license.
19    (a) A license issued or renewed under this Act shall be
20revoked if, at any time, the licensee is found ineligible for a
21license based on the criteria set forth in Section 25 of this
22Act or the licensee no longer possesses a Firearm Owner's
23Identification Card or a non-resident licensee if his or her
24home state has revoked a license to carry a firearm. This
25subsection shall not apply to a person who has filed an



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1application with the State Police for renewal of a Firearm
2Owner's Identification Card and who is not otherwise ineligible
3to obtain a Firearm Owner's Identification Card.
4    (b) A license shall be suspended if an order of protection
5under Section 112A-14 of the Code of Criminal Procedure of 1963
6or under Section 214 of the Illinois Domestic Violence Act of
71986 is issued against a licensee. The license shall be
8suspended for the duration of the order or until the order is
9terminated by a court and the Department shall not reissue or
10renew a license for the duration of the order or until the
11order is terminated. If an order of protection is issued
12against a licensee, the licensee shall surrender the license,
13as applicable, to the court at the time the order is entered or
14to the law enforcement agency or entity designated to serve
15process at the time the licensee is served the order. The
16court, law enforcement agency, or entity responsible for
17serving the order shall transmit the license to the Department.
18    (c) The Department may temporarily or permanently suspend a
19license for a violation of Section 70 of this Act in accordance
20with subsection (i) of Section 70.
21    (d) A license shall be invalid upon expiration of the
22license, unless the licensee has submitted an application to
23renew the license. A person who fails to renew his or her
24application within 6 months after its expiration must reapply
25for a new license and pay the fee for a new application.
26    (e) The Department may suspend a license if a licensee



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



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1    Section 50. Change of address, change of name, or lost or
2destroyed licenses.
3    (a) The licensee shall notify the Department within 30 days
4of moving or changing a residence or any change of name, and
5upon the discovery of the loss or destruction of a license.
6    (b) If a licensee changes residence within this State or
7changes his or her name, the licensee shall request a new
8license. The licensee shall submit a $25 fee, a notarized
9statement that the licensee has changed residence or his or her
10name, and a photograph as required in Section 30 of this Act.
11The statement must include the prior and current address or
12name and the date the applicant moved or changed his or her
14    (c) A lost or destroyed license shall be invalid. To
15request a new license, the licensee shall submit (i) a $25 fee,
16(ii) a notarized statement that the licensee no longer
17possesses the license and that it was lost or destroyed, (iii)
18a copy of a police report stating that the license was lost,
19destroyed, or stolen, and (iv) a photograph as required in
20Section 30 of this Act.
21    Section 65. Non-resident applications. A person from
22another state or territory of the United States may apply for a
23non-resident license. The applicant shall apply to the
24Department and must meet the qualifications established in



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1Section 25. The applicant shall submit (i) the application and
2documentation required in Section 30; (ii) a notarized document
3stating the applicant (A) is eligible under federal law and the
4laws of his or her home state to own a firearm, (B) if
5applicable, has a license or permit to carry a firearm or
6concealed firearm issued by his or her home state and that a
7copy is attached to the application, (C) understands Illinois
8laws pertaining to the possession and transport of firearms,
9and (D) acknowledges that the applicant is subject to the
10jurisdiction of the Department and Illinois courts for any
11violation of this Act; and (iii) a $100 application fee. In
12lieu of an Illinois State driver's license or identification
13card, he or she shall provide similar documentation from his or
14her state or territory.
15    Section 70. Restrictions.
16    (a) No license issued under this Act shall authorize any
17person to knowingly carry a handgun into:
18        (i) Any building under the control of the Governor,
19    Lieutenant Governor, Attorney General, Secretary of State,
20    Comptroller, or Treasurer.
21        (ii) Any building under control of the General Assembly
22    or any of its support service agencies, including the
23    portion of a building in which a committee of the General
24    Assembly convenes for the purpose of conducting meetings of
25    committees, joint committees, or legislative commissions.



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1        (iii) Any courthouse or building occupied in whole or
2    in part by the Circuit, Appellate, or Supreme Court or a
3    room designated as a courtroom for court proceedings by any
4    of these courts.
5        (iv) Any meeting of the governing body of a unit of
6    local government or special district.
7        (v) Any establishment licensed to dispense alcoholic
8    beverages for consumption on the premises if less than 50%
9    of its annual gross income comes from the sale of food.
10        (vi) Any area of an airport to which access is
11    controlled by the inspection of persons and property.
12        (vii) Any place where the carrying of a firearm is
13    prohibited by federal law.
14        (viii) Any elementary or secondary school without the
15    consent of school authorities. School authorities shall
16    inform the appropriate law enforcement agency and any law
17    enforcement personnel on site of such consent.
18        (ix) Any portion of a building used as a child care
19    facility without the consent of the manager. Nothing in
20    this Section shall prevent the operator of a child care
21    facility in a family home from owning or possessing a
22    firearm or license.
23        (x) Any gaming facility licensed under the Riverboat
24    Gambling Act or the Illinois Horse Racing Act of 1975.
25        (xi) Any gated area of an amusement park.
26        (xii) Any stadium, arena, or collegiate or



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1    professional sporting event.
2        (xiii) A mental health facility.
3        (xiv) Any community college, college, or university
4    campus without consent of the school authorities. School
5    authorities shall inform the appropriate law enforcement
6    agency and any law enforcement personnel on site of such
7    consent.
8        (xv) A library without the written consent of the
9    library's governing body. The governing body shall inform
10    the appropriate law enforcement agency of such consent.
11        (xvi) Any police, sheriff, or State Police office or
12    station without the consent of the chief law enforcement
13    officer in charge of that office or station.
14        (xvii) Any adult or juvenile detention or correctional
15    institution, prison, or jail.
16    (b) A municipality or school district may prohibit or limit
17licensees from carrying a handgun into or within any building
18owned, leased, or controlled by that municipality or school
19district by a majority vote of members of its governing board.
20A resolution or ordinance shall not prohibit a licensee from
21carrying a handgun in any building used for public housing, on
22any sidewalk, on any highway or roadway, or in any public
23restroom. A resolution or ordinance shall not prohibit a
24licensee from carrying a handgun in a public transportation
25facility or while accessing the services of a public
26transportation agency. For purposes of this Section, "public



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1transportation facility" means a terminal or other place where
2one may obtain public transportation. For purposes of this
3Section, "public transportation agency" means a public or
4private agency that provides for the transportation or
5conveyance of persons by means available to the general public,
6except for transportation by automobiles not used for
7conveyance of the general public as passengers. The resolution
8or ordinance may specify that persons violating the resolution
9or ordinance may be denied entrance to the building and
10subjected to a civil fine of no more than $100 for any
11violation of the provisions of the resolution or ordinance.
12    (c) The owner, business or commercial lessee, or manager of
13a private business enterprise, or any other private
14organization, entity, or person, may prohibit licensees from
15carrying a handgun on the premises under its control. However,
16any owner shall allow for any lessee to carry or possess a
17handgun in accordance with this Act in any part of a building
18or upon any property he or she leases.
19    (d) Any person licensed under this Act who is prohibited
20from carrying a handgun into a building or on the premises as
21specified in subsection (a) or designated in accordance with
22subsection (b) or (c) shall be permitted to store that handgun
23or ammunition in a locked vehicle or locked compartment or
24container within his or her vehicle. A licensee shall not be in
25violation of this Section if the firearm is on his or her
26person or located in a vehicle on or near the premises or when



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1traveling along a public right of way specified or designated
2in subsection (a), (b), or (c). A licensee shall not be in
3violation of subsection (b) or (c) of this Section if a
4building or premises designated under subsection (b) or (c)
5fails to post a sign.
6    (e) If a law enforcement officer initiates an investigative
7stop, including but not limited to a traffic stop, of a
8licensee who is carrying a concealed firearm, the licensee
9shall immediately disclose to the officer that he or she is in
10possession of a concealed firearm pursuant to this Act.
11    (f) A licensee shall not carry a concealed firearm while
12under the influence of illegal drugs or hallucinogenic drugs or
13alcohol. For the purposes of this subsection (f), under the
14influence of alcohol means a blood alcohol content of .08 or
16    (g) Signs stating that the carrying of a concealed weapon
17is prohibited shall be clearly and conspicuously posted at
18every entrance of a building or premises specified in
19subsection (a) or designated in accordance with subsection (b)
20or (c). The Department shall promulgate rules for standardized
21signs to be used under this subsection.
22    (h) A violation of subsection (a), (b), (c), (d), (e), or
23(f) is a Class B misdemeanor. A willful violation of subsection
24(a), (b), (c), (d), (e), or (f) is a Class A misdemeanor. The
25court may require a licensee to pay a $150 fee, in addition to
26any other fees or court costs, for a violation of subsection



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2    (i) The Department may suspend a license for up to 90 days
3for a violation of subsection (a), (b), (c), (d), (e), or (f)
4or up to 180 days for a willful violation of subsection (a),
5(b), (c), (d), (e), or (f). The Department shall permanently
6revoke a license for 3 or more violations of this Section.
7    Section 75. Immunity, employees, and agents. The office of
8the county sheriff, or any employee or agent of the county
9sheriff, or the Department of State Police shall not be liable
10for damages in any civil action arising from alleged wrongful
11or improper granting, renewing, or failure to revoke licenses
12issued under this Act, except for willful or wanton misconduct.
13The office of the county sheriff and any employees or agents
14shall not be liable for submitting specific or articulable
15reasons why an applicant should be denied a license, unless the
16objection contains false, malicious, or inaccurate information
17and the objection constituted willful and wanton misconduct.
18    Section 80. Fees.
19    (a) Fees collected under this Act by the Department and
20deposited into the Citizen Safety and Self-Defense Trust Fund
21shall be appropriated for administration of this Act.
22    (b) Fees shall be:
23    New license: $100.
24    Renewal of license: $50.



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1    Duplicate license due to lost or destroyed: $25.
2    Corrected license due to change of address or name: $25.
3    Late renewal fee: $25.
4    (c) By March 1 of each year, the Department shall submit a
5statistical report to the Governor, the President of the
6Senate, and the Speaker of the House of Representatives
7indicating the number of licenses issued, revoked, suspended,
8denied, and issued after appeal since the last report and in
9total and also the number of licenses currently valid. The
10report shall also include the number of arrests and convictions
11and the types of crimes committed since the last report by
12individuals issued handgun carry licenses.
13    (d) The Secretary of State shall conduct a study to
14determine the cost and feasibility of creating a method of
15adding an identifiable code, background, or other means to show
16that an individual has been issued a license to carry a handgun
17by the Department on the person's driver's license.
18    Section 85. Applicant training.
19    (a) The applicant training course shall be the standardized
20training course furnished by the Department and taught by a
21qualified firearms instructor, consisting of 8 hours of
22instruction, covering at least the following topics:
23        (i) handgun safety in the classroom, at home, on the
24    firing range, or while carrying the firearm;
25        (ii) the basic principles of marksmanship;



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1        (iii) care and cleaning of handguns; and
2        (iv) by means of a videotape produced or approved by
3    the Department:
4            (A) the requirements for obtaining a handgun carry
5        license in this State;
6            (B) laws relating to firearms as prescribed in the
7        Firearm Owners Identification Card Act, Article 24 of
8        the Criminal Code of 1961, and 18 U.S.C. 921 through
9        930; and
10            (C) laws relating to the justifiable use of force
11        as prescribed in Article 7 of the Criminal Code of
12        1961.
13        (v) live firing exercises of sufficient duration for
14    each applicant to fire a handgun:
15            (A) a minimum of 30 rounds; and
16            (B) 20 rounds from a distance of 7 yards and 10
17        rounds from a distance of 15 yards at a B-21 silhouette
18        or equivalent target as approved by the Department.
19    (b) The classroom portion of the course may, at the
20qualified firearms instructor's discretion, be divided into
21segments of not less than 2 hours each.
22    (c) Applicant training courses shall not be open to anyone
23under the age of 16 and no certificate of completion shall be
24issued to persons less than 20 years of age.
25    (c-5) Instructors shall maintain all records for students'
26performance for not less than 5 years.



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1    (d) Qualified firearms instructors may only discuss the
2contents of the video or the statutory provisions of listed in
3clauses (A), (B), and (C) of subparagraph (iv) of paragraph (a)
4to ensure the students comprehend the subject matter for
5preparation of the written exam.
6    (e) At the conclusion of the classroom portion of the
7applicant training course, the qualified firearms instructor
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; and
15        (4) not grade the examinations in the presence of
16    students.
17    (f) A person shall not:
18        (1) make an unauthorized copy of the applicant training
19    course examination, in whole or in part;
20        (2) possess the applicant training course examination,
21    or questions from the examination, unless authorized by the
22    Department; or
23        (3) divulge the contents of an applicant training
24    course examination questions to another person.
25    (g) Students shall provide their own safe, functional
26handgun and factory-loaded ammunition.



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1    (h) Grades of "passing" shall not be given on range work to
2an applicant who:
3        (1) does not follow the orders of the certified
4    firearms instructor;
5        (2) in the judgment of the certified firearms
6    instructor, handles a firearm in a manner that poses a
7    danger to the applicant or to others; or
8        (3) during the testing portion of the range work fails
9    to hit the silhouette portion of the target with 70% of the
10    30 rounds fired.
11    (i) Certified firearms instructors shall:
12        (1) allow monitoring of their classes by officials of
13    any certifying agency;
14        (2) make all course records available upon demand to
15    authorized personnel of the Department; and
16        (3) not divulge course records except as authorized by
17    the certifying agency.
18    (j) Fees for applicant training courses shall be set by the
20    (k) An applicant training course shall not have more than
2140 students in the classroom portion or more than 5 students
22per range officer engaged in range firing.
23    (l) Within 3 business days after the completion of the
24course, the certified firearms instructor shall:
25        (1) grade the examinations; and
26        (2) issue to the student:



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1            (i) a certificate of successful course completion;
2        nothing in this Section shall prevent the instructor
3        from issuing the certificate on the same day as the
4        course was completed; or
5            (ii) notification that the applicant has failed
6        the written portion of the course, the live firing
7        portion of the course, or both, and will not be issued
8        a certificate of completion.
9    (m) A student shall be issued a certificate of completion
10if he or she:
11        (i) answers at least 70% of the written examination
12    questions correctly. The Department shall develop the
13    written exam not to exceed 50 questions; and
14        (ii) achieves a grade of "passing" on the range work.
15    (n)(1) Students who score below 70% on the written
16examination may retake the examination one time without having
17to retake the course.
18    (2) Students who do not achieve a grade of "passing" on the
19range work may repeat the range work one time without having to
20retake the course.
21    (o) The Department shall make materials for applicant
22training available to qualified instructors online through the
23Department's website or Internet. If the Department fails to
24have training materials available 90 days after the effective
25date of this Act, then the requirements of this Section shall
26be deemed to have been met by the applicant providing proof of



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1passage of a National Rifle Association Basic Pistol Course.
2    (p) For purposes of this Section, successful completion of
3Firearms Instructor Training under Section 90 shall meet the
4training requirements of this Section.
5    Section 90. Firearms instructors training.
6    (a) Not later than 90 days after the effective date of this
7Act, the Department shall offer and teach courses to qualify
8instructors under this Section in each State Police District.
9Courses shall be available at least bi-monthly, or whenever 5
10or more individuals request a class in any State Police
11District. However, nothing in this Section shall require a
12course to be held if there are no requests pending, and
13adjoining districts may combine classes in order to have at
14least 5 participants.
15    (b) Persons who are not qualified firearms instructors
16shall not teach applicant training courses.
17    (c) Persons who are not qualified firearms instructors
18shall not advertise or otherwise represent courses they teach
19as qualifying their students to meet the requirements to
20receive a handgun carry license in this State.
21    (d) Persons who are not certified instructor trainers shall
22not teach instructor qualification courses.
23    (e) Persons wishing to become qualified firearms
24instructors shall:
25        (1) be at least 21 years of age;



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1        (2) be a citizen of the United States; and
2        (3) meet the requirements of subsection (c) of Section
3    25.
4    (f) Persons wishing to become instructor trainers, in
5addition to the requirements of subsection (e) of this Section,
7        (1) possess a high school diploma or GED certificate;
8    and
9        (2) have at least one of the following valid firearms
10    instructor certifications:
11            (i) any National Rifle Association Instructor
12        Certification;
13            (ii) certification from a firearms instructor's
14        course offered by a State or federal governmental
15        agency; or
16            (iii) a similar firearms instructor qualifying
17        course, approved by the Director of State Police or his
18        or her designee.
19    (g)(1) Applicants shall agree to background checks.
20    (2) An applicant may be disqualified from taking firearms
21instructor training, or have his or her instructor
22qualification revoked, if the applicant:
23        (A) does not meet the requirements of this Act to
24    possess a handgun carry license;
25        (B) provides false or misleading information on the
26    application; or



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1        (C) has had a prior instructor qualification revoked by
2    the Department or other issuing body.
3    (h) The training course to certify firearms instructors and
4instructor trainers shall include:
5        (1) Not more than 16 hours of instruction covering at
6    least the following topics by means of a videotape produced
7    or approved by the Department:
8            (A) the requirements for obtaining a handgun carry
9        license in this State;
10            (B) laws relating to firearms as contained in the
11        Firearm Owners Identification Card Act, Article 24 of
12        the Criminal Code of 1961, and 18 U.S.C. 921 through
13        930;
14            (C) laws relating to the justifiable use of force
15        as contained in Article 7 of the Criminal Code of 1961;
16            (D) the conducting of applicant training courses;
17            (E) record-keeping requirements of this Act;
18            (F) the basic nomenclature of handguns;
19            (G) the basic principles of marksmanship; and
20            (H) the safe handling of handguns.
21        (2) A classroom demonstration, during which the
22    instructor candidate shall receive instruction on and
23    demonstrate competency in the ability to prepare and
24    deliver a classroom presentation using materials from the
25    applicant curriculum.
26        (3) Range instruction and firing of live ammunition,



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1    during which the instructor candidate shall receive
2    instruction on and demonstrate competency in the ability
3    to:
4            (i) handle and fire a handgun safely and
5        accurately;
6            (ii) conduct a function test and safety inspection
7        of revolvers and pistols;
8            (iii) clean revolvers and pistols; and
9            (iv) supervise and conduct live firing exercises
10        in a safe and efficient manner.
11    (i) To qualify as a certified firearms instructor or
12instructor trainer, instructor candidates shall achieve:
13        (1) a minimum score of 70% on a written examination
14    covering the material taught during the classroom portion
15    of the course; and
16        (2) a minimum score of 70% on range firing of a handgun
17    while aiming at a B-21 silhouette target or an equivalent
18    as approved by the Department, with a minimum of:
19            (i) twenty rounds from 7 yards; and
20            (ii) ten rounds from 15 yards; and
21            (iii) a score of "passing" from the course
22        instructor for demonstrating competency in each of the
23        following:
24                (A) supervising and conducting live fire;
25                (B) cleaning and inspecting handguns; and
26                (C) preparing and delivering the classroom



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1            lecture.
2    (j) Instructor candidates who fail to meet the minimum
3requirements of subsection (i) of this Section may retake the
4examination, range work, or classroom demonstration one time
5without having to repeat the course.
6    (k) Qualified firearms instructor and instructor trainer
7certificates shall be valid for 10 years from the date of
8issue. Qualified firearms instructors or instructor trainers
9may renew their certification by successfully completing a
10refresher course offered or approved by the Department.
11    (l) The fees for instructor courses or refresher courses
12shall be $100 per student paid to the Department. Fees shall
13not be refunded to those who do not pass or otherwise fail to
14complete a course.
15    (m) Course participants shall provide their own safe,
16functional handgun and factory-loaded ammunition.
17    (n) Prior to conducting range firing, the course instructor
19        (i) inspect each applicant's firearm; and
20        (ii) not allow the firing of a handgun which is not in
21    sound mechanical condition or otherwise may pose a safety
22    hazard.
23    Section 95. Preemption. It is declared to be the policy of
24this State that it is an exclusive power and function of the
25State to regulate the possession and transportation of handguns



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1and the issuance of licenses to carry handguns. Except as
2provided in subsection (b) of Section 70, a home rule unit
3shall not regulate the possession or transportation of
4handguns. A home rule unit shall not regulate the number of
5handguns or require registration of handguns possessed by a
6person licensed under this Act. This Section is a denial of
7home rule powers and functions under subsection (i) of Section
86 of Article VII of the Illinois Constitution.
9    Section 100. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
11    Section 900. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
13    (5 ILCS 140/7.5)
14    Sec. 7.5. Statutory Exemptions. To the extent provided for
15by the statutes referenced below, the following shall be exempt
16from inspection and copying:
17    (a) All information determined to be confidential under
18Section 4002 of the Technology Advancement and Development Act.
19    (b) Library circulation and order records identifying
20library users with specific materials under the Library Records
21Confidentiality Act.
22    (c) Applications, related documents, and medical records
23received by the Experimental Organ Transplantation Procedures



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1Board and any and all documents or other records prepared by
2the Experimental Organ Transplantation Procedures Board or its
3staff relating to applications it has received.
4    (d) Information and records held by the Department of
5Public Health and its authorized representatives relating to
6known or suspected cases of sexually transmissible disease or
7any information the disclosure of which is restricted under the
8Illinois Sexually Transmissible Disease Control Act.
9    (e) Information the disclosure of which is exempted under
10Section 30 of the Radon Industry Licensing Act.
11    (f) Firm performance evaluations under Section 55 of the
12Architectural, Engineering, and Land Surveying Qualifications
13Based Selection Act.
14    (g) Information the disclosure of which is restricted and
15exempted under Section 50 of the Illinois Prepaid Tuition Act.
16    (h) Information the disclosure of which is exempted under
17the State Officials and Employees Ethics Act, and records of
18any lawfully created State or local inspector general's office
19that would be exempt if created or obtained by an Executive
20Inspector General's office under that Act.
21    (i) Information contained in a local emergency energy plan
22submitted to a municipality in accordance with a local
23emergency energy plan ordinance that is adopted under Section
2411-21.5-5 of the Illinois Municipal Code.
25    (j) Information and data concerning the distribution of
26surcharge moneys collected and remitted by wireless carriers



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1under the Wireless Emergency Telephone Safety Act.
2    (k) Law enforcement officer identification information or
3driver identification information compiled by a law
4enforcement agency or the Department of Transportation under
5Section 11-212 of the Illinois Vehicle Code.
6    (l) Records and information provided to a residential
7health care facility resident sexual assault and death review
8team or the Executive Council under the Abuse Prevention Review
9Team Act.
10    (m) Information provided to the predatory lending database
11created pursuant to Article 3 of the Residential Real Property
12Disclosure Act, except to the extent authorized under that
14    (n) Defense budgets and petitions for certification of
15compensation and expenses for court appointed trial counsel as
16provided under Sections 10 and 15 of the Capital Crimes
17Litigation Act. This subsection (n) shall apply until the
18conclusion of the trial of the case, even if the prosecution
19chooses not to pursue the death penalty prior to trial or
21    (o) Information that is prohibited from being disclosed
22under Section 4 of the Illinois Health and Hazardous Substances
23Registry Act.
24    (p) Security portions of system safety program plans,
25investigation reports, surveys, schedules, lists, data, or
26information compiled, collected, or prepared by or for the



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1Regional Transportation Authority under Section 2.11 of the
2Regional Transportation Authority Act or the St. Clair County
3Transit District under the Bi-State Transit Safety Act.
4    (q) Information prohibited from being disclosed by the
5Personnel Records Review Act.
6    (r) Information prohibited from being disclosed by the
7Illinois School Student Records Act.
8    (s) Information the disclosure of which is restricted under
9Section 5-108 of the Public Utilities Act.
10    (t) All identified or deidentified health information in
11the form of health data or medical records contained in, stored
12in, submitted to, transferred by, or released from the Illinois
13Health Information Exchange, and identified or deidentified
14health information in the form of health data and medical
15records of the Illinois Health Information Exchange in the
16possession of the Illinois Health Information Exchange
17Authority due to its administration of the Illinois Health
18Information Exchange. The terms "identified" and
19"deidentified" shall be given the same meaning as in the Health
20Insurance Accountability and Portability Act of 1996, Public
21Law 104-191, or any subsequent amendments thereto, and any
22regulations promulgated thereunder.
23    (u) (t) Records and information provided to an independent
24team of experts under Brian's Law.
25    (v) Information maintained by the Department of State
26Police in accordance with subsection (a) of Section 35 of the



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1Family and Personal Protection Act, except as authorized by
2that Act.
3(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
496-1331, eff. 7-27-10; revised 9-2-10.)
5    Section 905. The State Finance Act is amended by adding
6Section 5.786 as follows:
7    (30 ILCS 105/5.786 new)
8    Sec. 5.786. The Citizen Safety and Self-Defense Trust Fund.
9    Section 910. The Criminal Code of 1961 is amended by
10changing Sections 21-6 and 24-2 as follows:
11    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
12    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
13    (a) Whoever possesses or stores any weapon enumerated in
14Section 33A-1 in any building or on land supported in whole or
15in part with public funds or in any building on such land
16without prior written permission from the chief security
17officer for such land or building commits a Class A
19    (b) The chief security officer must grant any reasonable
20request for permission under paragraph (a).
21    (c) This Section shall not apply to a person acting
22lawfully under the Family and Personal Protection Act.



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1(Source: P.A. 89-685, eff. 6-1-97.)
2    (720 ILCS 5/24-2)
3    Sec. 24-2. Exemptions.
4    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
6the following:
7        (1) Peace officers, and any person summoned by a peace
8    officer to assist in making arrests or preserving the
9    peace, while actually engaged in assisting such officer.
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense,
13    while in the performance of their official duty, or while
14    commuting between their homes and places of employment.
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard or the
17    Reserve Officers Training Corps, while in the performance
18    of their official duty.
19        (4) Special agents employed by a railroad or a public
20    utility to perform police functions, and guards of armored
21    car companies, while actually engaged in the performance of
22    the duties of their employment or commuting between their
23    homes and places of employment; and watchmen while actually
24    engaged in the performance of the duties of their
25    employment.



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1        (5) Persons licensed as private security contractors,
2    private detectives, or private alarm contractors, or
3    employed by an agency certified by the Department of
4    Professional Regulation, if their duties include the
5    carrying of a weapon under the provisions of the Private
6    Detective, Private Alarm, Private Security, Fingerprint
7    Vendor, and Locksmith Act of 2004, while actually engaged
8    in the performance of the duties of their employment or
9    commuting between their homes and places of employment,
10    provided that such commuting is accomplished within one
11    hour from departure from home or place of employment, as
12    the case may be. Persons exempted under this subdivision
13    (a)(5) shall be required to have completed a course of
14    study in firearms handling and training approved and
15    supervised by the Department of Professional Regulation as
16    prescribed by Section 28 of the Private Detective, Private
17    Alarm, Private Security, Fingerprint Vendor, and Locksmith
18    Act of 2004, prior to becoming eligible for this exemption.
19    The Department of Professional Regulation shall provide
20    suitable documentation demonstrating the successful
21    completion of the prescribed firearms training. Such
22    documentation shall be carried at all times when such
23    persons are in possession of a concealable weapon.
24        (6) Any person regularly employed in a commercial or
25    industrial operation as a security guard for the protection
26    of persons employed and private property related to such



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



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1    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2    any investigation for the Commission.
3        (8) Persons employed by a financial institution for the
4    protection of other employees and property related to such
5    financial institution, while actually engaged in the
6    performance of their duties, commuting between their homes
7    and places of employment, or traveling between sites or
8    properties owned or operated by such financial
9    institution, provided that any person so employed has
10    successfully completed a course of study, approved by and
11    supervised by the Department of Professional Regulation,
12    consisting of not less than 40 hours of training which
13    includes theory of law enforcement, liability for acts, and
14    the handling of weapons. A person shall be considered to be
15    eligible for this exemption if he or she has completed the
16    required 20 hours of training for a security officer and 20
17    hours of required firearm training, and has been issued a
18    firearm control card by the Department of Professional
19    Regulation. Conditions for renewal of firearm control
20    cards issued under the provisions of this Section shall be
21    the same as for those issued under the provisions of the
22    Private Detective, Private Alarm, Private Security,
23    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
24    control card shall be carried by the person so trained at
25    all times when such person is in possession of a
26    concealable weapon. For purposes of this subsection,



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1    "financial institution" means a bank, savings and loan
2    association, credit union or company providing armored car
3    services.
4        (9) Any person employed by an armored car company to
5    drive an armored car, while actually engaged in the
6    performance of his duties.
7        (10) Persons who have been classified as peace officers
8    pursuant to the Peace Officer Fire Investigation Act.
9        (11) Investigators of the Office of the State's
10    Attorneys Appellate Prosecutor authorized by the board of
11    governors of the Office of the State's Attorneys Appellate
12    Prosecutor to carry weapons pursuant to Section 7.06 of the
13    State's Attorneys Appellate Prosecutor's Act.
14        (12) Special investigators appointed by a State's
15    Attorney under Section 3-9005 of the Counties Code.
16        (12.5) Probation officers while in the performance of
17    their duties, or while commuting between their homes,
18    places of employment or specific locations that are part of
19    their assigned duties, with the consent of the chief judge
20    of the circuit for which they are employed.
21        (13) Court Security Officers while in the performance
22    of their official duties, or while commuting between their
23    homes and places of employment, with the consent of the
24    Sheriff.
25        (13.5) A person employed as an armed security guard at
26    a nuclear energy, storage, weapons or development site or



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1    facility regulated by the Nuclear Regulatory Commission
2    who has completed the background screening and training
3    mandated by the rules and regulations of the Nuclear
4    Regulatory Commission.
5        (14) Manufacture, transportation, or sale of weapons
6    to persons authorized under subdivisions (1) through
7    (13.5) of this subsection to possess those weapons.
8    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10        (1) Members of any club or organization organized for
11    the purpose of practicing shooting at targets upon
12    established target ranges, whether public or private, and
13    patrons of such ranges, while such members or patrons are
14    using their firearms on those target ranges.
15        (2) Duly authorized military or civil organizations
16    while parading, with the special permission of the
17    Governor.
18        (3) Hunters, trappers or fishermen with a license or
19    permit while engaged in hunting, trapping or fishing.
20        (4) Transportation of weapons that are broken down in a
21    non-functioning state or are not immediately accessible.
22        (5) Carrying or possessing any pistol, revolver, stun
23    gun or taser or other firearm on the land or in the legal
24    dwelling of another person as an invitee with that person's
25    permission.
26        (6) A licensee under the Family and Personal Protection



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1    Act, notwithstanding Section 70 of that Act, if the
2    licensee meets the requirements of the Family and Personal
3    Protection Act.
4    (c) Subsection 24-1(a)(7) does not apply to or affect any
5of the following:
6        (1) Peace officers while in performance of their
7    official duties.
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        (3) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard, while in
13    the performance of their official duty.
14        (4) Manufacture, transportation, or sale of machine
15    guns to persons authorized under subdivisions (1) through
16    (3) of this subsection to possess machine guns, if the
17    machine guns are broken down in a non-functioning state or
18    are not immediately accessible.
19        (5) Persons licensed under federal law to manufacture
20    any weapon from which 8 or more shots or bullets can be
21    discharged by a single function of the firing device, or
22    ammunition for such weapons, and actually engaged in the
23    business of manufacturing such weapons or ammunition, but
24    only with respect to activities which are within the lawful
25    scope of such business, such as the manufacture,
26    transportation, or testing of such weapons or ammunition.



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1    This exemption does not authorize the general private
2    possession of any weapon from which 8 or more shots or
3    bullets can be discharged by a single function of the
4    firing device, but only such possession and activities as
5    are within the lawful scope of a licensed manufacturing
6    business described in this paragraph.
7        During transportation, such weapons shall be broken
8    down in a non-functioning state or not immediately
9    accessible.
10        (6) The manufacture, transport, testing, delivery,
11    transfer or sale, and all lawful commercial or experimental
12    activities necessary thereto, of rifles, shotguns, and
13    weapons made from rifles or shotguns, or ammunition for
14    such rifles, shotguns or weapons, where engaged in by a
15    person operating as a contractor or subcontractor pursuant
16    to a contract or subcontract for the development and supply
17    of such rifles, shotguns, weapons or ammunition to the
18    United States government or any branch of the Armed Forces
19    of the United States, when such activities are necessary
20    and incident to fulfilling the terms of such contract.
21        The exemption granted under this subdivision (c)(6)
22    shall also apply to any authorized agent of any such
23    contractor or subcontractor who is operating within the
24    scope of his employment, where such activities involving
25    such weapon, weapons or ammunition are necessary and
26    incident to fulfilling the terms of such contract.



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1        During transportation, any such weapon shall be broken
2    down in a non-functioning state, or not immediately
3    accessible.
4    (d) Subsection 24-1(a)(1) does not apply to the purchase,
5possession or carrying of a black-jack or slung-shot by a peace
7    (e) Subsection 24-1(a)(8) does not apply to any owner,
8manager or authorized employee of any place specified in that
9subsection nor to any law enforcement officer or a licensee
10under the Family and Personal Protection Act, notwithstanding
11Section 70 of that Act.
12    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
13Section 24-1.6 do not apply to members of any club or
14organization organized for the purpose of practicing shooting
15at targets upon established target ranges, whether public or
16private, while using their firearms on those target ranges.
17    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
19        (1) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while in
21    the performance of their official duty.
22        (2) Bonafide collectors of antique or surplus military
23    ordinance.
24        (3) Laboratories having a department of forensic
25    ballistics, or specializing in the development of
26    ammunition or explosive ordinance.



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



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1    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
224-1.6 do not apply to or affect any parole agent or parole
3supervisor who meets the qualifications and conditions
4prescribed in Section 3-14-1.5 of the Unified Code of
6    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016 Olympic
16and Paralympic Games.
17    (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any exemptions
19contained in this Article. The defendant shall have the burden
20of proving such an exemption.
21    (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm consigned
24to a common carrier operating under license of the State of
25Illinois or the federal government, where such transportation,
26carrying, or possession is incident to the lawful



09700HB0148ham002- 47 -LRB097 02774 RLC 54918 a

1transportation in which such common carrier is engaged; and
2nothing in this Article shall prohibit, apply to, or affect the
3transportation, carrying, or possession of any pistol,
4revolver, stun gun, taser, or other firearm, not the subject of
5and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6this Article, which is unloaded and enclosed in a case, firearm
7carrying box, shipping box, or other container, by the
8possessor of a valid Firearm Owners Identification Card.
9(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
1095-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
1196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)".