Full Text of HB5585 99th General Assembly
HB5585 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5585 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
| 430 ILCS 66/5 | | 430 ILCS 66/10 | | 430 ILCS 66/65 | | 430 ILCS 66/75 | |
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Amends the Firearm Concealed Carry Act. Changes the definition of "concealed firearm" to include a stun gun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. Provides that if the applicant seeks a license for carrying a stun gun, the applicant must have instruction in the use of stun guns. Defines "stun gun".
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 5, 10, 65, and 75 as follows: | 6 | | (430 ILCS 66/5)
| 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Applicant" means a person who is applying for a license to | 9 | | carry a concealed firearm under this Act. | 10 | | "Board" means the Concealed Carry Licensing Review Board. | 11 | | "Concealed firearm" means a loaded or unloaded handgun or a | 12 | | stun gun carried on or about a person completely or mostly | 13 | | concealed from view of the public or on or about a person | 14 | | within a vehicle. | 15 | | "Department" means the Department of State Police. | 16 | | "Director" means the Director of State Police. | 17 | | "Handgun" means any device which is designed to expel a | 18 | | projectile or projectiles by the action of an explosion, | 19 | | expansion of gas, or escape of gas that is designed to be held | 20 | | and fired by the use of a single hand. "Handgun" does not | 21 | | include: | 22 | | (1) a stun gun or taser; | 23 | | (2) a machine gun as defined in item (i) of paragraph |
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| 1 | | (7) of subsection (a) of Section 24-1 of the Criminal Code | 2 | | of 2012; | 3 | | (3) a short-barreled rifle or shotgun as defined in | 4 | | item (ii) of paragraph (7) of subsection (a) of Section | 5 | | 24-1 of the Criminal Code of 2012; or | 6 | | (4) any pneumatic gun, spring gun, paint ball gun, or | 7 | | B-B gun which
expels a single globular projectile not | 8 | | exceeding .18 inch in
diameter, or which has a maximum | 9 | | muzzle velocity of less than 700 feet
per second, or which | 10 | | expels breakable paint balls containing washable marking | 11 | | colors. | 12 | | "Law enforcement agency" means any federal, State, or local | 13 | | law enforcement agency, including offices of State's Attorneys | 14 | | and the Office of the Attorney General. | 15 | | "License" means a license issued by the Department of State | 16 | | Police to carry a concealed handgun. | 17 | | "Licensee" means a person issued a license to carry a | 18 | | concealed handgun. | 19 | | "Municipality" has the meaning ascribed to it in Section 1 | 20 | | of Article VII of the Illinois Constitution. | 21 | | "Stun gun" means any device which is powered by electrical | 22 | | charging units, such as batteries, and which, upon contact with | 23 | | a human or clothing worn by a human, can send out current | 24 | | capable of disrupting the person's nervous system in such a | 25 | | manner as to render him or her incapable of normal functioning. | 26 | | "Unit of local government" has the meaning ascribed to it |
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| 1 | | in Section 1 of Article VII of the Illinois Constitution.
| 2 | | (Source: P.A. 98-63, eff. 7-9-13.) | 3 | | (430 ILCS 66/10)
| 4 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 5 | | (a) The Department shall issue a license to carry a | 6 | | concealed firearm under this Act to an applicant who: | 7 | | (1) meets the qualifications of Section 25 of this Act; | 8 | | (2) has provided the application and documentation | 9 | | required in Section 30 of this Act; | 10 | | (3) has submitted the requisite fees; and | 11 | | (4) does not pose a danger to himself, herself, or | 12 | | others, or a threat to public safety as determined by the | 13 | | Concealed Carry Licensing Review Board in accordance with | 14 | | Section 20. | 15 | | (b) The Department shall issue a renewal, corrected, or | 16 | | duplicate license as provided in this Act. | 17 | | (c) A license shall be valid throughout the State for a | 18 | | period of 5 years from the date of issuance. A license shall | 19 | | permit the licensee to: | 20 | | (1) carry a loaded or unloaded concealed firearm, fully | 21 | | concealed or partially concealed, on or about his or her | 22 | | person; and
| 23 | | (2) keep or carry a loaded or unloaded concealed | 24 | | firearm on or about his or her person within a vehicle. | 25 | | (d) The Department shall make applications for a license |
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| 1 | | available no later than 180 days after the effective date of | 2 | | this Act. The Department shall establish rules for the | 3 | | availability and submission of applications in accordance with | 4 | | this Act. | 5 | | (e) An application for a license submitted to the | 6 | | Department that contains all the information and materials | 7 | | required by this Act, including the requisite fee, shall be | 8 | | deemed completed. Except as otherwise provided in this Act, no | 9 | | later than 90 days after receipt of a completed application, | 10 | | the Department shall issue or deny the applicant a license. | 11 | | (f) The Department shall deny the applicant a license if | 12 | | the applicant fails to meet the requirements under this Act or | 13 | | the Department receives a determination from the Board that the | 14 | | applicant is ineligible for a license. The Department must | 15 | | notify the applicant stating the grounds for the denial. The | 16 | | notice of denial must inform the applicant of his or her right | 17 | | to an appeal through administrative and judicial review. | 18 | | (g) A licensee shall possess a license at all times the | 19 | | licensee carries a concealed firearm except: | 20 | | (1) when the licensee is carrying or possessing a | 21 | | concealed firearm on his or her land or in his or her | 22 | | abode, legal dwelling, or fixed place of business, or on | 23 | | the land or in the legal dwelling of another person as an | 24 | | invitee with that person's permission; | 25 | | (2) when the person is authorized to carry a firearm | 26 | | under Section 24-2 of the Criminal Code of 2012, except |
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| 1 | | subsection (a-5) of that Section; or | 2 | | (3) when the handgun is broken down in a | 3 | | non-functioning state, is not immediately accessible, or | 4 | | is unloaded and enclosed in a case. | 5 | | (h) If an officer of a law enforcement agency initiates an | 6 | | investigative stop, including but not limited to a traffic | 7 | | stop, of a licensee or a non-resident carrying a concealed | 8 | | firearm under subsection (e) of
Section 40 of this Act, upon | 9 | | the request of the officer the licensee or non-resident shall | 10 | | disclose to the officer that he or she is in possession of a | 11 | | concealed firearm under this Act, or present the license upon | 12 | | the request of the officer if he or she is a licensee or | 13 | | present upon the request of the officer evidence
under | 14 | | paragraph (2) of subsection (e) of Section 40 of this Act that | 15 | | he or she is a non-resident qualified to carry
under that | 16 | | subsection. The disclosure requirement under this subsection | 17 | | (h) is satisfied if the licensee presents his or her license to | 18 | | the officer or the non-resident presents to the officer | 19 | | evidence under paragraph (2) of subsection (e) of Section 40 of | 20 | | this Act that he or she is qualified to carry under that | 21 | | subsection. Upon the request of the officer, the licensee or | 22 | | non-resident shall also identify the location of the concealed | 23 | | firearm and permit the officer to safely secure the firearm for | 24 | | the duration of the investigative stop. During a traffic stop, | 25 | | any
passenger within the vehicle who is a licensee or a | 26 | | non-resident carrying under subsection (e) of
Section 40 of |
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| 1 | | this Act must comply with the requirements of this subsection | 2 | | (h). | 3 | | (h-1) If a licensee carrying a firearm or stun gun or a | 4 | | non-resident carrying a firearm in a vehicle under subsection | 5 | | (e) of Section 40 of this Act is contacted by a law enforcement | 6 | | officer or emergency
services personnel, the law enforcement | 7 | | officer or emergency services personnel may secure the firearm
| 8 | | or stun gun or direct that it be secured during the duration of | 9 | | the contact if the law enforcement officer or emergency
| 10 | | services personnel determines that it is necessary for the | 11 | | safety of any person
present, including the law enforcement | 12 | | officer or emergency services personnel. The licensee or | 13 | | nonresident
shall submit to the order to secure the firearm or | 14 | | stun gun . When the law enforcement officer or emergency | 15 | | services
personnel have determined that the licensee or | 16 | | non-resident is not a threat to
the safety of any person | 17 | | present, including the law enforcement officer or emergency | 18 | | services personnel, and
if the licensee or non-resident is | 19 | | physically and mentally capable of
possessing the firearm or | 20 | | stun gun , the law enforcement officer or emergency services | 21 | | personnel shall return the
firearm or stun gun to the licensee | 22 | | or non-resident before releasing him or her from the
scene and | 23 | | breaking contact. If the licensee or non-resident is | 24 | | transported for
treatment to another location, the firearm or | 25 | | stun gun shall be turned over to any peace
officer. The peace | 26 | | officer shall provide a receipt which includes the make,
model, |
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| 1 | | caliber, and serial number of the firearm or stun gun . | 2 | | (i) The Department shall maintain a database of license | 3 | | applicants and licensees. The database shall be available to | 4 | | all federal, State, and local law enforcement agencies, State's | 5 | | Attorneys, the Attorney General, and authorized court | 6 | | personnel. Within 180 days after the effective date of this | 7 | | Act, the database shall be searchable and provide all | 8 | | information included in the application, including the | 9 | | applicant's previous addresses within the 10 years prior to the | 10 | | license application and any information related to violations | 11 | | of this Act. No law enforcement agency, State's Attorney, | 12 | | Attorney General, or member or staff of the judiciary shall | 13 | | provide any information to a requester who is not entitled to | 14 | | it by law. | 15 | | (j) No later than 10 days after receipt of a completed | 16 | | application, the Department shall enter the relevant | 17 | | information about the applicant into the database under | 18 | | subsection (i) of this Section which is accessible by law | 19 | | enforcement agencies.
| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | 21 | | eff. 7-10-15.) | 22 | | (430 ILCS 66/65)
| 23 | | Sec. 65. Prohibited areas. | 24 | | (a) A licensee under this Act shall not knowingly carry a | 25 | | firearm or stun gun on or into: |
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| 1 | | (1) Any building, real property, and parking area under | 2 | | the control of a public or private elementary or secondary | 3 | | school. | 4 | | (2) Any building, real property, and parking area under | 5 | | the control of a pre-school or child care facility, | 6 | | including any room or portion of a building under the | 7 | | control of a pre-school or child care facility. Nothing in | 8 | | this paragraph shall prevent the operator of a child care | 9 | | facility in a family home from owning or possessing a | 10 | | firearm or stun gun in the home or license under this Act, | 11 | | if no child under child care at the home is present in the | 12 | | home or the firearm or stun gun in the home is stored in a | 13 | | locked container when a child under child care at the home | 14 | | is present in the home. | 15 | | (3) Any building, parking area, or portion of a | 16 | | building under the control of an officer of the executive | 17 | | or legislative branch of government, provided that nothing | 18 | | in this paragraph shall prohibit a licensee from carrying a | 19 | | concealed firearm onto the real property, bikeway, or trail | 20 | | in a park regulated by the Department of Natural Resources | 21 | | or any other designated public hunting area or building | 22 | | where firearm possession is permitted as established by the | 23 | | Department of Natural Resources under Section 1.8 of the | 24 | | Wildlife Code. | 25 | | (4) Any building designated for matters before a | 26 | | circuit court, appellate court, or the Supreme Court, or |
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| 1 | | any building or portion of a building under the control of | 2 | | the Supreme Court. | 3 | | (5) Any building or portion of a building under the | 4 | | control of a unit of local government. | 5 | | (6) Any building, real property, and parking area under | 6 | | the control of an adult or juvenile detention or | 7 | | correctional institution, prison, or jail. | 8 | | (7) Any building, real property, and parking area under | 9 | | the control of a public or private hospital or hospital | 10 | | affiliate, mental health facility, or nursing home. | 11 | | (8) Any bus, train, or form of transportation paid for | 12 | | in whole or in part with public funds, and any building, | 13 | | real property, and parking area under the control of a | 14 | | public transportation facility paid for in whole or in part | 15 | | with public funds. | 16 | | (9) Any building, real property, and parking area under | 17 | | the control of an establishment that serves alcohol on its | 18 | | premises, if more than 50% of the establishment's gross | 19 | | receipts within the prior 3 months is from the sale of | 20 | | alcohol. The owner of an establishment who knowingly fails | 21 | | to prohibit concealed firearms on its premises as provided | 22 | | in this paragraph or who knowingly makes a false statement | 23 | | or record to avoid the prohibition on concealed firearms | 24 | | under this paragraph is subject to the penalty under | 25 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 26 | | of 1934. |
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| 1 | | (10) Any public gathering or special event conducted on | 2 | | property open to the public that requires the issuance of a | 3 | | permit from the unit of local government, provided this | 4 | | prohibition shall not apply to a licensee who must walk | 5 | | through a public gathering in order to access his or her | 6 | | residence, place of business, or vehicle. | 7 | | (11) Any building or real property that has been issued | 8 | | a Special Event Retailer's license as defined in Section | 9 | | 1-3.17.1 of the Liquor Control Act during the time | 10 | | designated for the sale of alcohol by the Special Event | 11 | | Retailer's license, or a Special use permit license as | 12 | | defined in subsection (q) of Section 5-1 of the Liquor | 13 | | Control Act during the time designated for the sale of | 14 | | alcohol by the Special use permit license. | 15 | | (12) Any public playground. | 16 | | (13) Any public park, athletic area, or athletic | 17 | | facility under the control of a municipality or park | 18 | | district, provided nothing in this Section shall prohibit a | 19 | | licensee from carrying a concealed firearm while on a trail | 20 | | or bikeway if only a portion of the trail or bikeway | 21 | | includes a public park. | 22 | | (14) Any real property under the control of the Cook | 23 | | County Forest Preserve District. | 24 | | (15) Any building, classroom, laboratory, medical | 25 | | clinic, hospital, artistic venue, athletic venue, | 26 | | entertainment venue, officially recognized |
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| 1 | | university-related organization property, whether owned or | 2 | | leased, and any real property, including parking areas, | 3 | | sidewalks, and common areas under the control of a public | 4 | | or private community college, college, or university. | 5 | | (16) Any building, real property, or parking area under | 6 | | the control of a gaming facility licensed under the | 7 | | Riverboat Gambling Act or the Illinois Horse Racing Act of | 8 | | 1975, including an inter-track wagering location licensee. | 9 | | (17) Any stadium, arena, or the real property or | 10 | | parking area under the control of a stadium, arena, or any | 11 | | collegiate or professional sporting event. | 12 | | (18) Any building, real property, or parking area under | 13 | | the control of a public library. | 14 | | (19) Any building, real property, or parking area under | 15 | | the control of an airport. | 16 | | (20) Any building, real property, or parking area under | 17 | | the control of an amusement park. | 18 | | (21) Any building, real property, or parking area under | 19 | | the control of a zoo or museum. | 20 | | (22) Any street, driveway, parking area, property, | 21 | | building, or facility, owned, leased, controlled, or used | 22 | | by a nuclear energy, storage, weapons, or development site | 23 | | or facility regulated by the federal Nuclear Regulatory | 24 | | Commission. The licensee shall not under any circumstance | 25 | | store a firearm or ammunition or stun gun in his or her | 26 | | vehicle or in a compartment or container within a vehicle |
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| 1 | | located anywhere in or on the street, driveway, parking | 2 | | area, property, building, or facility described in this | 3 | | paragraph. | 4 | | (23) Any area where firearms are prohibited under | 5 | | federal law. | 6 | | (a-5) Nothing in this Act shall prohibit a public or | 7 | | private community college, college, or university from: | 8 | | (1) prohibiting persons from carrying a firearm within | 9 | | a vehicle owned, leased, or controlled by the college or | 10 | | university; | 11 | | (2) developing resolutions, regulations, or policies | 12 | | regarding student, employee, or visitor misconduct and | 13 | | discipline, including suspension and expulsion; | 14 | | (3) developing resolutions, regulations, or policies | 15 | | regarding the storage or maintenance of firearms, which | 16 | | must include designated areas where persons can park | 17 | | vehicles that carry firearms; and | 18 | | (4) permitting the carrying or use of firearms or stun | 19 | | guns for the purpose of instruction and curriculum of | 20 | | officially recognized programs, including but not limited | 21 | | to military science and law enforcement training programs, | 22 | | or in any designated area used for hunting purposes or | 23 | | target shooting. | 24 | | (a-10) The owner of private real property of any type may | 25 | | prohibit the carrying of concealed firearms on the property | 26 | | under his or her control. The owner must post a sign in |
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| 1 | | accordance with subsection (d) of this Section indicating that | 2 | | firearms are prohibited on the property, unless the property is | 3 | | a private residence. | 4 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 5 | | this Section except under paragraph (22) or (23) of subsection | 6 | | (a), any licensee prohibited from carrying a concealed firearm | 7 | | into the parking area of a prohibited location specified in | 8 | | subsection (a), (a-5), or (a-10) of this Section shall be | 9 | | permitted to carry a concealed firearm on or about his or her | 10 | | person within a vehicle into the parking area and may store a | 11 | | firearm or ammunition concealed in a case within a locked | 12 | | vehicle or locked container out of plain view within the | 13 | | vehicle in the parking area. A licensee may carry a concealed | 14 | | firearm in the immediate area surrounding his or her vehicle | 15 | | within a prohibited parking lot area only for the limited | 16 | | purpose of storing or retrieving a firearm within the vehicle's | 17 | | trunk. For purposes of this subsection, "case" includes a glove | 18 | | compartment or console that completely encloses the concealed | 19 | | firearm or ammunition, the trunk of the vehicle, or a firearm | 20 | | carrying box, shipping box, or other container. | 21 | | (c) A licensee shall not be in violation of this Section | 22 | | while he or she is traveling along a public right of way that | 23 | | touches or crosses any of the premises under subsection (a), | 24 | | (a-5), or (a-10) of this Section if the concealed firearm is | 25 | | carried on his or her person in accordance with the provisions | 26 | | of this Act or is being transported in a vehicle by the |
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| 1 | | licensee in accordance with all other applicable provisions of | 2 | | law. | 3 | | (d) Signs stating that the carrying of firearms or stun | 4 | | guns is prohibited shall be clearly and conspicuously posted at | 5 | | the entrance of a building, premises, or real property | 6 | | specified in this Section as a prohibited area, unless the | 7 | | building or premises is a private residence. Signs shall be of | 8 | | a uniform design as established by the Department and shall be | 9 | | 4 inches by 6 inches in size. The Department shall adopt rules | 10 | | for standardized signs to be used under this subsection.
| 11 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | 12 | | (430 ILCS 66/75)
| 13 | | Sec. 75. Applicant firearm training. | 14 | | (a) Within 60 days of the effective date of this Act, the | 15 | | Department shall begin approval of firearm training courses and | 16 | | shall make a list of approved courses available on the | 17 | | Department's website. | 18 | | (b) An applicant for a new license shall provide proof of | 19 | | completion of a firearms training course or combination of | 20 | | courses approved by the Department of at least 16 hours, which | 21 | | includes range qualification time under subsection (c) of this | 22 | | Section, that covers the following: | 23 | | (1) firearm safety; | 24 | | (2) the basic principles of marksmanship; | 25 | | (3) care, cleaning, loading, and unloading of a |
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| 1 | | concealable firearm; | 2 | | (4) all applicable State and federal laws relating to | 3 | | the ownership, storage, carry, and transportation of a | 4 | | firearm; and | 5 | | (5) instruction on the appropriate and lawful | 6 | | interaction with law enforcement while transporting or | 7 | | carrying a concealed firearm ; and | 8 | | (6) if the applicant seeks a license for carrying a | 9 | | stun gun, instruction in the use of stun guns . | 10 | | (c) An applicant for a new license shall provide proof of | 11 | | certification by a certified instructor that the applicant | 12 | | passed a live fire exercise with a concealable firearm | 13 | | consisting of: | 14 | | (1) a minimum of 30 rounds; and | 15 | | (2) 10 rounds from a distance of 5 yards; 10 rounds | 16 | | from a distance of 7 yards; and 10 rounds from a distance | 17 | | of 10 yards at a B-27 silhouette target approved by the | 18 | | Department. | 19 | | (d) An applicant for renewal of a license shall provide | 20 | | proof of completion of a firearms training course or | 21 | | combination of courses approved by the Department of at least 3 | 22 | | hours. | 23 | | (e) A certificate of completion for an applicant's firearm | 24 | | training course shall not be issued to a student who: | 25 | | (1) does not follow the orders of the certified | 26 | | firearms instructor;
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| 1 | | (2) in the judgment of the certified instructor, | 2 | | handles a firearm in a manner that poses a danger to the | 3 | | student or to others; or
| 4 | | (3) during the range firing portion of testing fails to | 5 | | hit the target with 70% of the rounds fired. | 6 | | (f) An instructor shall maintain a record of each student's | 7 | | performance for at least 5 years, and shall make all records | 8 | | available upon demand of authorized personnel of the | 9 | | Department. | 10 | | (g) The Department and certified firearms instructors | 11 | | shall recognize up to 8 hours of training already completed | 12 | | toward the 16 hour training requirement under this Section if | 13 | | the training course is submitted to and approved by the | 14 | | Department. Any remaining hours that the applicant completes | 15 | | must at least cover the classroom subject matter of paragraph | 16 | | (4) of subsection (b) of this Section, and the range | 17 | | qualification in subsection (c) of this Section. | 18 | | (h) A person who has qualified to carry a firearm or stun | 19 | | gun as an active law enforcement or corrections officer, who | 20 | | has successfully completed firearms or stun gun training as | 21 | | required by his or her law enforcement agency and is authorized | 22 | | by his or her agency to carry a firearm or stun gun ; a person | 23 | | currently certified as a firearms instructor by this Act or by | 24 | | the Illinois Law Enforcement Training Standards Board; or a | 25 | | person who has completed the required training and has been | 26 | | issued a firearm control card by the Department of Financial |
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| 1 | | and Professional Regulation shall be exempt from the | 2 | | requirements of this Section. | 3 | | (i) The Department and certified firearms instructors | 4 | | shall recognize 8 hours of training as completed toward the 16 | 5 | | hour training requirement under this Section, if the applicant | 6 | | is an active, retired, or honorably discharged member of the | 7 | | United States Armed Forces. Any remaining hours that the | 8 | | applicant completes must at least cover the classroom subject | 9 | | matter of paragraph (4) of subsection (b) of this Section, and | 10 | | the range qualification in subsection (c) of this Section.
| 11 | | (j) The Department and certified firearms instructors | 12 | | shall recognize up to 8 hours of training already
completed | 13 | | toward the 16 hour training requirement under this Section if | 14 | | the training course is approved
by the Department and was | 15 | | completed in connection with the applicant's previous | 16 | | employment as a law
enforcement or corrections officer. Any | 17 | | remaining hours that the applicant completes must at least | 18 | | cover the classroom
subject matter of paragraph (4) of | 19 | | subsection (b) of this Section, and the range qualification in
| 20 | | subsection (c) of this Section. A former law enforcement or | 21 | | corrections officer seeking credit under this subsection (j) | 22 | | shall provide evidence that he or she separated from employment | 23 | | in good standing from each law enforcement agency where he or | 24 | | she was employed. An applicant who was discharged from a law | 25 | | enforcement agency for misconduct or disciplinary reasons is | 26 | | not eligible for credit under this subsection (j). |
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| 1 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
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