Full Text of SB0114 98th General Assembly
SB0114ham002 98TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 12/2/2013
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| 1 | | AMENDMENT TO SENATE BILL 114
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 114, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Private Detective, Private Alarm, Private | 6 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 7 | | amended by changing Section 31-5 as follows: | 8 | | (225 ILCS 447/31-5) | 9 | | (Section scheduled to be repealed on January 1, 2024) | 10 | | Sec. 31-5. Exemptions. | 11 | | (a) The provisions of this Act regarding fingerprint | 12 | | vendors do not apply to any of the following, if the person | 13 | | performing the service does not hold himself or herself out as | 14 | | a fingerprint vendor or fingerprint vendor agency: | 15 | | (1) An employee of the United States, Illinois, or a | 16 | | political subdivision, including public school districts, |
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| 1 | | of either while the employee is engaged in the performance | 2 | | of his or her official duties within the scope of his or | 3 | | her employment. However, any such person who offers his or | 4 | | her services as a fingerprint vendor or uses a similar | 5 | | title when these services are performed for compensation or | 6 | | other consideration, whether received directly or | 7 | | indirectly, is subject to this Act. | 8 | | (2) A person employed exclusively by only one employer | 9 | | in connection with the exclusive activities of that | 10 | | employer, provided that person does not hold himself or | 11 | | herself out to the public as a fingerprint vendor.
| 12 | | (3) Any Notwithstanding any other provisions of this | 13 | | Act, any member of local law enforcement in the performance | 14 | | of his or her duties for criminal justice purposes, | 15 | | notwithstanding whether the . Nothing in this Act shall | 16 | | prohibit local law enforcement agency charges agencies | 17 | | from charging a reasonable fee related to the cost of | 18 | | offering fingerprinting services. | 19 | | (b) The provisions of this Act regarding fingerprint | 20 | | vendors do not apply to any member of a local law enforcement | 21 | | agency, acting on behalf of the local law enforcement agency | 22 | | that is registered with the Department of State Police to | 23 | | provide fingerprinting services for non-criminal justice | 24 | | purposes, notwithstanding whether the local law enforcement | 25 | | agency charges a reasonable fee related to the cost of offering | 26 | | fingerprinting services. |
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| 1 | | (Source: P.A. 98-294, eff. 8-9-13.) | 2 | | Section 10. The Firearm Owners Identification Card Act is | 3 | | amended by changing Section 8.1 as follows:
| 4 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 5 | | Sec. 8.1. Notifications to the Department of State Police.
| 6 | | (a) The Circuit Clerk shall, in the form and manner | 7 | | required by the
Supreme Court, notify the Department of State | 8 | | Police of all final dispositions
of cases for which the | 9 | | Department has received information reported to it under
| 10 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
| 11 | | (b) Upon adjudication of any individual as a mentally | 12 | | disabled person as defined in Section 1.1 of this Act or a | 13 | | finding that a person has been involuntarily admitted, the | 14 | | court shall direct the circuit court clerk to immediately | 15 | | notify the Department of State Police, Firearm Owner's | 16 | | Identification (FOID) department, and shall forward a copy of | 17 | | the court order to the Department. | 18 | | (c) The Department of Human Services shall, in the form and | 19 | | manner prescribed by the Department of State Police, report all | 20 | | information collected under subsection (b) of Section 12 of the | 21 | | Mental Health and Developmental Disabilities Confidentiality | 22 | | Act for the purpose of determining whether a person who may be | 23 | | or may have been a patient in a mental health facility is | 24 | | disqualified under State or federal law from receiving or |
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| 1 | | retaining a Firearm Owner's Identification Card, or purchasing | 2 | | a weapon. | 3 | | (d) If a person is determined to pose a clear and present | 4 | | danger to himself, herself, or to others : | 5 | | (1) by a physician, clinical psychologist, or | 6 | | qualified examiner, law enforcement official, or school | 7 | | administrator, or is determined to be developmentally | 8 | | disabled by a physician, clinical psychologist, or | 9 | | qualified examiner, whether employed by the State or | 10 | | privately by a private mental health facility , then the | 11 | | physician, clinical psychologist, or qualified examiner | 12 | | shall, within 24 hours of making the determination, notify | 13 | | the Department of Human Services that the person poses a | 14 | | clear and present danger or is developmentally disabled; or | 15 | | (2) by a law enforcement official or school | 16 | | administrator, then the law enforcement official or school | 17 | | administrator shall, within 24 hours of making the | 18 | | determination, notify the Department of State Police that | 19 | | the person poses a clear and present danger . The Department | 20 | | of Human Services shall immediately update its records and | 21 | | information relating to mental health and developmental | 22 | | disabilities, and if appropriate, shall notify the | 23 | | Department of State Police in a form and manner prescribed | 24 | | by the Department of State Police. The Department of State | 25 | | Police shall determine whether to revoke the person's | 26 | | Firearm Owner's Identification Card under Section 8 of this |
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| 1 | | Act. Any information disclosed under this subsection shall | 2 | | remain privileged and confidential, and shall not be | 3 | | redisclosed, except as required under subsection (e) of | 4 | | Section 3.1 of this Act, nor used for any other purpose. | 5 | | The method of providing this information shall guarantee | 6 | | that the information is not released beyond what is | 7 | | necessary for the purpose of this Section and shall be | 8 | | provided by rule by the Department of Human Services. The | 9 | | identity of the person reporting under this Section shall | 10 | | not be disclosed to the subject of the report. The | 11 | | physician, clinical psychologist, qualified examiner, law | 12 | | enforcement official, or school administrator making the | 13 | | determination and his or her employer shall not be held | 14 | | criminally, civilly, or professionally liable for making | 15 | | or not making the notification required under this | 16 | | subsection, except for willful or wanton misconduct. | 17 | | (e) The Department of State Police shall adopt rules to | 18 | | implement this Section. | 19 | | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
| 20 | | Section 15. The Firearm Concealed Carry Act is amended by | 21 | | changing Sections 10, 15, 20, 40, 75, and 80 as follows: | 22 | | (430 ILCS 66/10)
| 23 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 24 | | (a) The Department shall issue a license to carry a |
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| 1 | | concealed firearm under this Act to an applicant who: | 2 | | (1) meets the qualifications of Section 25 of this Act; | 3 | | (2) has provided the application and documentation | 4 | | required in Section 30 of this Act; | 5 | | (3) has submitted the requisite fees; and | 6 | | (4) does not pose a danger to himself, herself, or | 7 | | others, or a threat to public safety as determined by the | 8 | | Concealed Carry Licensing Review Board in accordance with | 9 | | Section 20. | 10 | | (b) The Department shall issue a renewal, corrected, or | 11 | | duplicate license as provided in this Act. | 12 | | (c) A license shall be valid throughout the State for a | 13 | | period of 5 years from the date of issuance. A license shall | 14 | | permit the licensee to: | 15 | | (1) carry a loaded or unloaded concealed firearm, fully | 16 | | concealed or partially concealed, on or about his or her | 17 | | person; and
| 18 | | (2) keep or carry a loaded or unloaded concealed | 19 | | firearm on or about his or her person within a vehicle. | 20 | | (d) The Department shall make applications for a license | 21 | | available no later than 180 days after the effective date of | 22 | | this Act. The Department shall establish rules for the | 23 | | availability and submission of applications in accordance with | 24 | | this Act. | 25 | | (e) An application for a license submitted to the | 26 | | Department that contains all the information and materials |
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| 1 | | required by this Act, including the requisite fee, shall be | 2 | | deemed completed. Except as otherwise provided in this Act, no | 3 | | later than 90 days after receipt of a completed application, | 4 | | the Department shall issue or deny the applicant a license. | 5 | | (f) The Department shall deny the applicant a license if | 6 | | the applicant fails to meet the requirements under this Act or | 7 | | the Department receives a determination from the Board that the | 8 | | applicant is ineligible for a license. The Department must | 9 | | notify the applicant stating the grounds for the denial. The | 10 | | notice of denial must inform the applicant of his or her right | 11 | | to an appeal through administrative and judicial review. | 12 | | (g) A licensee shall possess a license at all times the | 13 | | licensee carries a concealed firearm except: | 14 | | (1) when the licensee is carrying or possessing a | 15 | | concealed firearm on his or her land or in his or her | 16 | | abode, legal dwelling, or fixed place of business, or on | 17 | | the land or in the legal dwelling of another person as an | 18 | | invitee with that person's permission; | 19 | | (2) when the person is authorized to carry a firearm | 20 | | under Section 24-2 of the Criminal Code of 2012, except | 21 | | subsection (a-5) of that Section; or | 22 | | (3) when the handgun is broken down in a | 23 | | non-functioning state, is not immediately accessible, or | 24 | | is unloaded and enclosed in a case. | 25 | | (h) If an officer of a law enforcement agency initiates an | 26 | | investigative stop, including but not limited to a traffic |
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| 1 | | stop, of a licensee or a non-resident carrying a concealed | 2 | | firearm under subsection (e) of
Section 40 of this Act who is | 3 | | carrying a concealed firearm , upon the request of the officer | 4 | | the licensee or non-resident shall disclose to the officer that | 5 | | he or she is in possession of a concealed firearm under this | 6 | | Act, present the license upon the request of the officer if he | 7 | | or she is a licensee or present upon the request of the officer | 8 | | evidence
under paragraph (2) of subsection (e) of Section 40 of | 9 | | this Act that he or she is a non-resident qualified to carry
| 10 | | under that subsection , and identify the location of the | 11 | | concealed firearm. During a traffic stop, any
passenger within | 12 | | the vehicle who is a licensee or a non-resident carrying under | 13 | | subsection (e) of
Section 40 of this Act must comply with the | 14 | | requirements of this subsection (h). | 15 | | (i) The Department shall maintain a database of license | 16 | | applicants and licensees. The database shall be available to | 17 | | all federal, State, and local law enforcement agencies, State's | 18 | | Attorneys, the Attorney General, and authorized court | 19 | | personnel. Within 180 days after the effective date of this | 20 | | Act, the database shall be searchable and provide all | 21 | | information included in the application, including the | 22 | | applicant's previous addresses within the 10 years prior to the | 23 | | license application and any information related to violations | 24 | | of this Act. No law enforcement agency, State's Attorney, | 25 | | Attorney General, or member or staff of the judiciary shall | 26 | | provide any information to a requester who is not entitled to |
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| 1 | | it by law. | 2 | | (j) No later than 10 days after receipt of a completed | 3 | | application, the Department shall enter the relevant | 4 | | information about the applicant into the database under | 5 | | subsection (i) of this Section which is accessible by law | 6 | | enforcement agencies.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13.) | 8 | | (430 ILCS 66/15)
| 9 | | Sec. 15. Objections by law enforcement agencies. | 10 | | (a) Any law enforcement agency may submit an objection to a | 11 | | license applicant based upon a reasonable suspicion that the | 12 | | applicant is a danger to himself or herself or others, or a | 13 | | threat to public safety. The objection shall be made by the | 14 | | chief law enforcement officer of the law enforcement agency, or | 15 | | his or her designee, and must include any information relevant | 16 | | to the objection. If a law enforcement agency submits an | 17 | | objection within 30 days after the entry of an applicant into | 18 | | the database, the Department shall submit the objection and all | 19 | | information available to the Board under State and federal law | 20 | | related to the application to the Board within 10 days of | 21 | | completing all necessary background checks. | 22 | | (b) If an applicant has 5 or more arrests for any reason, | 23 | | that have been entered into the Criminal History Records | 24 | | Information (CHRI) System, within the 7 years preceding the | 25 | | date of application for a license, or has 3 or more arrests |
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| 1 | | within the 7 years preceding the date of application for a | 2 | | license for any combination of gang-related offenses, the | 3 | | Department shall object and submit the applicant's arrest | 4 | | record to the extent the Board is allowed to receive that | 5 | | information under State and federal law , the application | 6 | | materials, and any additional information submitted by a law | 7 | | enforcement agency to the Board. For purposes of this | 8 | | subsection, "gang-related offense" is an offense described in | 9 | | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | 10 | | Section 33G-4, or in paragraph (1) of subsection (a) of Section | 11 | | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | 12 | | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | 13 | | of paragraph (1.5) of subsection (i) of Section 48-1 of the | 14 | | Criminal Code of 2012. | 15 | | (c) The referral of an objection under this Section to the | 16 | | Board shall toll the 90-day period for the Department to issue | 17 | | or deny the applicant a license under subsection (e) of Section | 18 | | 10 of this Act, during the period of review and until the Board | 19 | | issues its decision. | 20 | | (d) If no objection is made by a law enforcement agency or | 21 | | the Department under this Section, the Department shall process | 22 | | the application in accordance with this Act.
| 23 | | (Source: P.A. 98-63, eff. 7-9-13.) | 24 | | (430 ILCS 66/20)
| 25 | | Sec. 20. Concealed Carry Licensing Review Board. |
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| 1 | | (a) There is hereby created within the Department of State | 2 | | Police a Concealed Carry Licensing Review Board to consider any | 3 | | objection to an applicant's eligibility to obtain a license | 4 | | under this Act submitted by a law enforcement agency or the | 5 | | Department under Section 15 of this Act. The Board shall | 6 | | consist of 7 commissioners to be appointed by the Governor, | 7 | | with the advice and consent of the Senate, with 3 commissioners | 8 | | residing within the First Judicial District and one | 9 | | commissioner residing within each of the 4 remaining Judicial | 10 | | Districts. No more than 4 commissioners shall be members of the | 11 | | same political party. The Governor shall designate one | 12 | | commissioner as the Chairperson. The Board shall consist of: | 13 | | (1) one commissioner with at least 5 years of service | 14 | | as a federal judge; | 15 | | (2) 2 commissioners with at least 5 years of experience | 16 | | serving as an attorney with the United States Department of | 17 | | Justice; | 18 | | (3) 3 commissioners with at least 5 years of experience | 19 | | as a federal agent or employee with investigative | 20 | | experience or duties related to criminal justice under the | 21 | | United States Department of Justice, Drug Enforcement | 22 | | Administration, Department of Homeland Security, or | 23 | | Federal Bureau of Investigation; and | 24 | | (4) one member with at least 5 years of experience as a | 25 | | licensed physician or clinical psychologist with expertise | 26 | | in the diagnosis and treatment of mental illness. |
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| 1 | | (b) The initial terms of the commissioners shall end on | 2 | | January 12, 2015. Thereafter, the commissioners shall hold | 3 | | office for 4 years, with terms expiring on the second Monday in | 4 | | January of the fourth year. Commissioners may be reappointed. | 5 | | Vacancies in the office of commissioner shall be filled in the | 6 | | same manner as the original appointment, for the remainder of | 7 | | the unexpired term. The Governor may remove a commissioner for | 8 | | incompetence, neglect of duty, malfeasance, or inability to | 9 | | serve. Commissioners shall receive compensation in an amount | 10 | | equal to the compensation of members of the Executive Ethics | 11 | | Commission and may be reimbursed for reasonable expenses | 12 | | actually incurred in the performance of their Board duties, | 13 | | from funds appropriated for that purpose. | 14 | | (c) The Board shall meet at the call of the chairperson as | 15 | | often as necessary to consider objections to applications for a | 16 | | license under this Act. If necessary to ensure the | 17 | | participation of a commissioner, the Board shall allow a | 18 | | commissioner to participate in a Board meeting by electronic | 19 | | communication. Any commissioner participating electronically | 20 | | shall be deemed present for purposes of establishing a quorum | 21 | | and voting. | 22 | | (d) The Board shall adopt rules for the review of | 23 | | objections and the conduct of hearings. The Board shall | 24 | | maintain a record of its decisions and all materials considered | 25 | | in making its decisions. All Board decisions and voting records | 26 | | shall be kept confidential and all materials considered by the |
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| 1 | | Board shall be exempt from inspection except upon order of a | 2 | | court. | 3 | | (e) In considering an objection of a law enforcement agency | 4 | | or the Department, the Board shall review the materials | 5 | | received with the objection from the law enforcement agency or | 6 | | the Department. By a vote of at least 4 commissioners, the | 7 | | Board may request additional information from the law | 8 | | enforcement agency, Department, or the applicant, or the | 9 | | testimony of the law enforcement agency, Department, or the | 10 | | applicant. The Board may require that the applicant submit | 11 | | electronic fingerprints to the Department for an updated | 12 | | background check where the Board determines it lacks sufficient | 13 | | information to determine eligibility. The Board may only | 14 | | consider information submitted by the Department, a law | 15 | | enforcement agency, or the applicant. The Board shall review | 16 | | each objection and determine by a majority of commissioners | 17 | | whether an applicant is eligible for a license. | 18 | | (f) The Board shall issue a decision within 30 days of | 19 | | receipt of the objection from the Department. However, the | 20 | | Board need not issue a decision within 30 days if: | 21 | | (1) the Board requests information from the applicant , | 22 | | including but not limited to electronic fingerprints to be | 23 | | submitted to the Department, in accordance with subsection | 24 | | (e) of this Section, in which case the Board shall make a | 25 | | decision within 30 days of receipt of the required | 26 | | information from the applicant; |
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| 1 | | (2) the applicant agrees, in writing, to allow the | 2 | | Board additional time to consider an objection; or | 3 | | (3) the Board notifies the applicant and the Department | 4 | | that the Board needs an additional 30 days to issue a | 5 | | decision. | 6 | | (g) If the Board determines by a preponderance of the | 7 | | evidence that the applicant poses a danger to himself or | 8 | | herself or others, or is a threat to public safety, then the | 9 | | Board shall affirm the objection of the law enforcement agency | 10 | | or the Department and shall notify the Department that the | 11 | | applicant is ineligible for a license. If the Board does not | 12 | | determine by a preponderance of the evidence that the applicant | 13 | | poses a danger to himself or herself or others, or is a threat | 14 | | to public safety, then the Board shall notify the Department | 15 | | that the applicant is eligible for a license. | 16 | | (h) Meetings of the Board shall not be subject to the Open | 17 | | Meetings Act and records of the Board shall not be subject to | 18 | | the Freedom of Information Act. | 19 | | (i) The Board shall report monthly to the Governor and the | 20 | | General Assembly on the number of objections received and | 21 | | provide details of the circumstances in which the Board has | 22 | | determined to deny licensure based on law enforcement or | 23 | | Department objections under Section 15 of this Act. The report | 24 | | shall not contain any identifying information about the | 25 | | applicants.
| 26 | | (Source: P.A. 98-63, eff. 7-9-13.) |
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| 1 | | (430 ILCS 66/40)
| 2 | | Sec. 40. Non-resident license applications. | 3 | | (a) For the purposes of this Section, "non-resident" means | 4 | | a person who has not resided within this State for more than 30 | 5 | | days and resides in another state or territory. | 6 | | (b) The Department shall by rule allow for non-resident | 7 | | license applications from any state or territory of the United | 8 | | States with laws related to firearm ownership, possession, and | 9 | | carrying, that are substantially similar to the requirements to | 10 | | obtain a license under this Act. | 11 | | (c) A resident of a state or territory approved by the | 12 | | Department under subsection (b) of this Section may apply for a | 13 | | non-resident license. The applicant shall apply to the | 14 | | Department and must meet all of the qualifications established | 15 | | in Section 25 of this Act, except for the Illinois residency | 16 | | requirement in item (xiv) of paragraph (2) of subsection (a) of | 17 | | Section 4 of the Firearm Owners Identification Card Act. The | 18 | | applicant shall submit: | 19 | | (1) the application and documentation required under | 20 | | Section 30 of this Act and the applicable fee; | 21 | | (2) a notarized document stating that the applicant: | 22 | | (A) is eligible under federal law and the laws of | 23 | | his or her state or territory of residence to own or | 24 | | possess a firearm; | 25 | | (B) if applicable, has a license or permit to carry |
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| 1 | | a firearm or concealed firearm issued by his or her | 2 | | state or territory of residence and attach a copy of | 3 | | the license or permit to the application; | 4 | | (C) understands Illinois laws pertaining to the | 5 | | possession and transport of firearms, and | 6 | | (D) acknowledges that the applicant is subject to | 7 | | the jurisdiction of the Department and Illinois courts | 8 | | for any violation of this Act; and | 9 | | (3) a photocopy of any certificates or other evidence | 10 | | of compliance with the training requirements under Section | 11 | | 75 of this Act; and | 12 | | (4) a head and shoulder color photograph in a size | 13 | | specified by the Department taken within the 30 days | 14 | | preceding the date of the application. | 15 | | (d) In lieu of an Illinois driver's license or Illinois | 16 | | identification card, a non-resident applicant shall provide | 17 | | similar documentation from his or her state or territory of | 18 | | residence. In lieu of a valid Firearm Owner's Identification | 19 | | Card, the applicant shall submit documentation and information | 20 | | required by the Department to obtain a Firearm Owner's | 21 | | Identification Card, including an affidavit that the | 22 | | non-resident meets the mental health standards to obtain a | 23 | | firearm under Illinois law, and the Department shall ensure | 24 | | that the applicant would meet the eligibility criteria to | 25 | | obtain a Firearm Owner's Identification card if he or she was a | 26 | | resident of this State. |
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| 1 | | (e) Nothing in this Act shall prohibit a non-resident from | 2 | | transporting a concealed firearm within his or her vehicle in | 3 | | Illinois, if the concealed firearm remains within his or her | 4 | | vehicle and the non-resident: | 5 | | (1) is not prohibited from owning or possessing a | 6 | | firearm under federal law; | 7 | | (2) is eligible to carry a firearm in public under the | 8 | | laws of his or her state or territory of residence , as
| 9 | | evidenced by the possession of a concealed carry license or | 10 | | permit issued by his or her state of residence, if
| 11 | | applicable ; and | 12 | | (3) is not in possession of a license under this Act. | 13 | | If the non-resident leaves his or her vehicle unattended, | 14 | | he or she shall store the firearm within a locked vehicle or | 15 | | locked container within the vehicle in accordance with | 16 | | subsection (b) of Section 65 of this Act.
| 17 | | (Source: P.A. 98-63, eff. 7-9-13.) | 18 | | (430 ILCS 66/75)
| 19 | | Sec. 75. Applicant firearm training. | 20 | | (a) Within 60 days of the effective date of this Act, the | 21 | | Department shall begin approval of firearm training courses and | 22 | | shall make a list of approved courses available on the | 23 | | Department's website. | 24 | | (b) An applicant for a new license shall provide proof of | 25 | | completion of a firearms training course or combination of |
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| 1 | | courses approved by the Department of at least 16 hours, which | 2 | | includes range qualification time under subsection (c) of this | 3 | | Section, that covers the following: | 4 | | (1) firearm safety; | 5 | | (2) the basic principles of marksmanship; | 6 | | (3) care, cleaning, loading, and unloading of a | 7 | | concealable firearm; | 8 | | (4) all applicable State and federal laws relating to | 9 | | the ownership, storage, carry, and transportation of a | 10 | | firearm; and | 11 | | (5) instruction on the appropriate and lawful | 12 | | interaction with law enforcement while transporting or | 13 | | carrying a concealed firearm. | 14 | | (c) An applicant for a new license shall provide proof of | 15 | | certification by a certified instructor that the applicant | 16 | | passed a live fire exercise with a concealable firearm | 17 | | consisting of: | 18 | | (1) a minimum of 30 rounds; and | 19 | | (2) 10 rounds from a distance of 5 yards; 10 rounds | 20 | | from a distance of 7 yards; and 10 rounds from a distance | 21 | | of 10 yards at a B-27 silhouette target approved by the | 22 | | Department. | 23 | | (d) An applicant for renewal of a license shall provide | 24 | | proof of completion of a firearms training course or | 25 | | combination of courses approved by the Department of at least 3 | 26 | | hours. |
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| 1 | | (e) A certificate of completion for an applicant's firearm | 2 | | training course shall not be issued to a student who: | 3 | | (1) does not follow the orders of the certified | 4 | | firearms instructor;
| 5 | | (2) in the judgment of the certified instructor, | 6 | | handles a firearm in a manner that poses a danger to the | 7 | | student or to others; or
| 8 | | (3) during the range firing portion of testing fails to | 9 | | hit the target with 70% of the rounds fired. | 10 | | (f) An instructor shall maintain a record of each student's | 11 | | performance for at least 5 years, and shall make all records | 12 | | available upon demand of authorized personnel of the | 13 | | Department. | 14 | | (g) The Department and certified firearms instructors | 15 | | instructor shall recognize up to 8 hours of training already | 16 | | completed toward the 16 hour training requirement under this | 17 | | Section if the training course is submitted to and approved by | 18 | | the Department and recognized under the laws of another state . | 19 | | Any remaining hours that the applicant completes must at least | 20 | | cover the classroom subject matter of paragraph (4) of | 21 | | subsection (b) of this Section, and the range qualification in | 22 | | subsection (c) of this Section. | 23 | | (h) A person who has qualified to carry a firearm as an | 24 | | active law enforcement or corrections officer, who has | 25 | | successfully completed firearms training as required by his or | 26 | | her law enforcement agency and is authorized by his or her |
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| 1 | | agency to carry a firearm; a person currently certified as a | 2 | | firearms instructor by this Act or by the Illinois Law | 3 | | Enforcement Training Standards Board ; , or a person who has | 4 | | completed the required training and has been issued a firearm | 5 | | control card by the Department of Financial and Professional | 6 | | Regulation shall be exempt from the requirements of this | 7 | | Section. | 8 | | (i) The Department and certified firearms instructors | 9 | | shall recognize accept 8 hours of training as completed toward | 10 | | the 16 hour training requirement under this Section, if the | 11 | | applicant is an active, retired, or honorably discharged member | 12 | | of the United States Armed Forces. Any remaining hours that the | 13 | | applicant completes must at least cover the classroom subject | 14 | | matter of paragraph (4) of subsection (b) of this Section, and | 15 | | the range qualification in subsection (c) of this Section.
| 16 | | (j) The Department and certified firearms instructors | 17 | | shall recognize up to 8 hours of training already
completed | 18 | | toward the 16 hour training requirement under this Section if | 19 | | the training course is approved
by the Department and was | 20 | | completed in connection with the applicant's previous | 21 | | employment as a law
enforcement or corrections officer. Any | 22 | | remaining hours that the applicant completes must at least | 23 | | cover the classroom
subject matter of paragraph (4) of | 24 | | subsection (b) of this Section, and the range qualification in
| 25 | | subsection (c) of this Section. A former law enforcement or | 26 | | corrections officer seeking credit under this subsection (j) |
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| 1 | | shall provide evidence that he or she separated from employment | 2 | | in good standing from each law enforcement agency where he or | 3 | | she was employed. An applicant who was discharged from a law | 4 | | enforcement agency for misconduct or disciplinary reasons is | 5 | | not eligible for credit under this subsection (j). | 6 | | (Source: P.A. 98-63, eff. 7-9-13.) | 7 | | (430 ILCS 66/80)
| 8 | | Sec. 80. Certified firearms instructors Firearms | 9 | | instructor training . | 10 | | (a) Within 60 days of the effective date of this Act, the | 11 | | Department shall begin approval of certified firearms | 12 | | instructors and enter certified firearms instructors into an | 13 | | online registry on the Department's website. | 14 | | (b) A person who is not a certified firearms instructor | 15 | | shall not teach applicant training courses or advertise or | 16 | | otherwise represent courses they teach as qualifying their | 17 | | students to meet the requirements to receive a license under | 18 | | this Act. Each violation of this subsection is a business | 19 | | offense with a fine of at least $1,000 per violation. | 20 | | (c) A person seeking to become a certified firearms | 21 | | instructor shall: | 22 | | (1) be at least 21 years of age; | 23 | | (2) be a legal resident of the United States; and | 24 | | (3) meet the requirements of Section 25 of this Act, | 25 | | except for the Illinois residency
requirement in item (xiv) |
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| 1 | | of paragraph (2) of subsection (a) of Section 4 of the | 2 | | Firearm
Owners Identification Card Act; and any additional | 3 | | uniformly applied requirements established by the | 4 | | Department. | 5 | | (d) A person seeking to become a certified firearms | 6 | | instructor trainer , in addition to the requirements of | 7 | | subsection (c) of this Section, shall: | 8 | | (1) possess a high school diploma or GED certificate; | 9 | | and | 10 | | (2) have at least one of the following valid firearms | 11 | | instructor certifications: | 12 | | (A) certification from a law enforcement agency; | 13 | | (B) certification from a firearm instructor course | 14 | | offered by a State or federal governmental agency; | 15 | | (C) certification from a firearm instructor | 16 | | qualification course offered by the Illinois Law | 17 | | Enforcement Training Standards Board; or | 18 | | (D) certification from an entity approved by the | 19 | | Department that offers firearm instructor education | 20 | | and training in the use and safety of firearms. | 21 | | (e) A person may have his or her firearms instructor | 22 | | certification denied or revoked if he or she does not meet the | 23 | | requirements to obtain a license under this Act, provides false | 24 | | or misleading information to the Department, or has had a prior | 25 | | instructor certification revoked or denied by the Department.
| 26 | | (Source: P.A. 98-63, eff. 7-9-13.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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