Full Text of HB1304 095th General Assembly
HB1304eng 95TH GENERAL ASSEMBLY
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| AN ACT in relation to firearms.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Family and Personal
Protection Act.
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| Section 5. Legislative declaration. The General Assembly | 7 |
| finds that as a
matter of public policy it is
necessary to | 8 |
| provide statewide uniform standards for issuing permits to | 9 |
| carry
concealed firearms
and that no person who does not | 10 |
| qualify under the provisions
of this Act receives a permit to | 11 |
| carry concealed firearms.
The General Assembly recognizes that | 12 |
| it already regulates the use and
possession
of concealed | 13 |
| firearms under Sections 24-1 and 24-1.6 of the Criminal Code of
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| 1961 and that
the regulation of concealed firearms is an | 15 |
| exclusive Statewide function.
The General Assembly
does not | 16 |
| delegate to the Department of State Police the authority to | 17 |
| regulate
or restrict the issuing of concealed firearms permits | 18 |
| provided for in this
Act beyond those provisions contained in | 19 |
| this Act.
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| Section 10. Definitions. As used in this Act:
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| "Concealed firearm" means a handgun carried on or about a | 22 |
| person completely
or mostly concealed from
view of the public, |
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| or carried in a vehicle in such a way as it is concealed
from | 2 |
| view of the public.
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| "Department" means the Department of State Police.
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| "Director" means the Director of State Police.
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| "Fund" means the Citizen Safety and Self-Defense Trust | 6 |
| Fund.
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| "Handgun" has the meaning ascribed to it in subsection (h) | 8 |
| of Section 24-3 of
the Criminal Code of 1961.
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| "Permit" means a permit to carry a concealed firearm issued | 10 |
| by the Department
of State Police.
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| "Permittee" means a person who is issued a permit to carry | 12 |
| a concealed
firearm by the Department of State
Police.
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| Section 15. Citizen Safety and Self-Defense Trust Fund.
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| (a) There is created the Citizen Safety and Self-Defense | 15 |
| Trust Fund. The
Fund
shall be maintained apart from
the State | 16 |
| Treasury and shall be administered by the Department. Money | 17 |
| from
federal and State sources
may be deposited into the Fund. | 18 |
| Fees from applications for new, renewal,
corrected and | 19 |
| duplicate concealed
firearms permits shall be deposited into | 20 |
| the Fund. The Department may invest
the monies in the Fund, and
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| any income on these investments shall be reinvested in the | 22 |
| Fund.
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| (b) The Department shall use the moneys in the Fund | 24 |
| exclusively for the
administration of this Act.
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| Section 20. Permit for concealed firearms.
The Department | 2 |
| of State Police is authorized to issue permits to carry
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| concealed firearms to persons
qualified as provided in this | 4 |
| Act. Permits to carry a concealed firearm
shall be valid | 5 |
| throughout the State for a period of 3 years from the
date of | 6 |
| issuance. Any person in compliance with the terms of the permit | 7 |
| may
carry concealed firearms on or about his or her person.
The | 8 |
| permittee shall carry the permit at all times the permittee is | 9 |
| carrying a
concealed firearm and shall display the permit upon | 10 |
| the request of a law
enforcement officer.
The permit is valid | 11 |
| throughout the State.
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| Section 25. Application for permit and qualifications of | 13 |
| applicants.
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| (a) An applicant for a permit shall obtain the application | 15 |
| from the
Department of State Police. If the applicant resides
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| in a county of less than 3,000,000 inhabitants
(or if the | 17 |
| applicant resides in a county of 3,000,000 or more inhabitants | 18 |
| but
not within any municipality), the application for a
permit | 19 |
| or renewal of a permit to carry a
concealed firearm shall be | 20 |
| submitted to the office of the sheriff of the
county in which | 21 |
| the applicant resides. The completed application and all
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| accompanying material plus an application fee
of $100 for a new | 23 |
| permit or $75 for a renewal
shall be presented to the office of | 24 |
| the sheriff of the county in which the
applicant resides.
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| The sheriff shall transmit the application, accompanying |
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| material and any
objections to the application, and
application | 2 |
| fees to the
Department of State Police
along with the completed | 3 |
| application
within 10
working days. Twenty dollars of the
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| application fee shall be retained by the office of the sheriff | 5 |
| for official
expenses of the office.
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| The sheriff may submit specific and articulable reasons to | 7 |
| the Department in
objection to an application for a concealed | 8 |
| firearms permit. He or she shall
articulate the recommendation | 9 |
| for denial in a written report and transmit that
report to the | 10 |
| Department of State Police
along with the completed application
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| within 10 working days.
The
Department of State Police shall | 12 |
| maintain the report which shall be available
to the applicant | 13 |
| for a concealed firearms permit.
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| (a-5) If the applicant resides in a county of 3,000,000 or | 15 |
| more inhabitants
and within a municipality, the application for | 16 |
| a
permit or renewal of a permit to carry a concealed firearm | 17 |
| shall be submitted
to
the municipal police department and the | 18 |
| duties imposed upon the county
sheriff under subsection (a) | 19 |
| shall be imposed upon the municipal police chief
of the | 20 |
| municipality in which the applicant resides. The municipal | 21 |
| police
department shall retain $20 of the application fee for | 22 |
| official expenses of the
department.
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| (b) The
Department of State Police, upon a person's | 24 |
| application for a
concealed firearms permit, upon receipt of | 25 |
| the appropriate fees, and after
compliance with the procedures | 26 |
| set out in this Section, shall issue the
applicant a concealed |
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| firearms permit if the person:
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| (i) Is at least 21 years of age;
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| (ii) Resides within the State of Illinois and has been | 4 |
| a resident for the
last
6 months and is a permanent
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| resident of the United States;
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| (iii) Has not been convicted of a crime punishable by | 7 |
| imprisonment for a
term
exceeding one year, or of a
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| misdemeanor evidencing violence, is not free on any form of | 9 |
| bond or pretrial
release, and has no
outstanding warrants | 10 |
| for those crimes;
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| (iv) Has no record of mental disease or mental illness | 12 |
| on file with the
Department of State Police that would
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| evidence incapacity, or lack of proper mental capacity;
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| (v) Has not been committed to a state or federal | 15 |
| facility for the abuse of
a
controlled substance or | 16 |
| cannabis or has not been
convicted of a misdemeanor | 17 |
| violation of the Illinois Controlled Substances Act
or | 18 |
| Cannabis Control Act or similar laws of any other
state | 19 |
| relating to controlled
substances or cannabis within a 10 | 20 |
| year period immediately preceding the date
on
which the | 21 |
| application is submitted; and
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| (vi) Does not chronically and habitually use alcoholic | 23 |
| beverages as
evidenced
by the applicant having 2 or more | 24 |
| convictions for violating Section 11-501 of
the Illinois | 25 |
| Vehicle Code or similar provision of a local ordinance | 26 |
| within 5
years preceding his or her application or if the |
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| applicant has elected
treatment under
the supervision of a | 2 |
| licensed program in accordance with the Alcoholism and
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| Other Drug Abuse and Dependency Act
or similar laws of any | 4 |
| other
state within a 5
year period immediately preceding | 5 |
| the date on which the
application is submitted.
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| Section 30. Contents of application.
The initial | 7 |
| application shall be in writing, under oath and under the | 8 |
| penalties
of perjury, on a standard form
promulgated by the | 9 |
| Department of State Police and shall be accompanied by the
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| appropriate fees and required documentation. The application | 11 |
| shall contain only
the following information:
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| (i) the applicant's name, address, gender, and date and | 13 |
| place of birth;
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| (ii) a head and shoulder color photograph taken within | 15 |
| 30 days preceding
the
date on which the
application is | 16 |
| submitted;
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| (iii) questions to certify or demonstrate the | 18 |
| applicant has completed a
firearms and deadly use of force
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| training and education prerequisites specified under this | 20 |
| Act;
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| (iv) a statement that the applicant is a resident of | 22 |
| the State of Illinois
and
has been a resident for the last
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| 6 months and is a permanent resident of the United States;
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| (v) a waiver of privacy and confidentiality rights and | 25 |
| privileges enjoyed
by
the applicant under all federal
and |
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| state laws governing access to juvenile court, criminal | 2 |
| justice,
psychological or psychiatric records, or
records | 3 |
| relating to the applicant's history of | 4 |
| institutionalization, and an
affirmative request that any | 5 |
| person
having custody of any such record provide it or | 6 |
| information concerning it to
the Department;
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| (vi) a conspicuous warning that false statements made | 8 |
| by the applicant
will
result in prosecution for perjury
in | 9 |
| accordance with Section 32-2 of the Criminal Code of 1961;
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| (vii) an affirmation that the applicant is at least 21 | 11 |
| years of age, that
the
applicant possesses a currently | 12 |
| valid
Illinois Firearm Owner's Identification Card, | 13 |
| together with the card number or
is applying for the card | 14 |
| in
conjunction with the concealed firearms permit | 15 |
| application;
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| (viii) an affirmation that the applicant has never been | 17 |
| convicted of any
felony
or of a misdemeanor involving
the | 18 |
| use or threat of physical force or violence to any person; | 19 |
| and has never
been adjudicated a delinquent
minor for an | 20 |
| offense which, had he or she been tried as an adult, would | 21 |
| have
been such
a felony or misdemeanor;
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| (ix) the following statement along with
a
signature | 23 |
| line for use by the applicant, which statement the | 24 |
| applicant shall
affirm under oath: "I the undersigned | 25 |
| state, under oath and subject to the
penalty of perjury, | 26 |
| that I am not a streetgang member as defined in Section 10
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| of the Illinois Streetgang Terrorism Omnibus Prevention | 2 |
| Act, and I will not
join or become associated with a | 3 |
| criminal
streetgang.".
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| Section 35. Submission of identifying information; fee.
In | 5 |
| addition to the completed application, the applicant must also | 6 |
| submit the
following to the sheriff of the county in which the | 7 |
| applicant resides. The
sheriff shall submit the information to | 8 |
| the Department of State Police:
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| (i) A head and shoulder color photograph as required by | 10 |
| Section 30 in a
size
specified by the Department of State | 11 |
| Police taken within 30 days
preceding the date on which the | 12 |
| application is submitted.
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| (ii) A non-refundable permit fee of $100 if he or she | 14 |
| has not previously
been
issued such a permit by the | 15 |
| Department of State Police, or a non-refundable
permit fee | 16 |
| of $75 for each renewal of a permit
of which $20 shall be | 17 |
| retained by the sheriff or, if the applicant resides
within | 18 |
| a municipality in a county of 3,000,000 or
more | 19 |
| inhabitants, by the municipal police department.
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| (iii) A full set of legible fingerprints administered | 21 |
| to the applicant by
the
Department of State Police, or any | 22 |
| other federal, State, county or municipal
law enforcement | 23 |
| agency. Any cost of fingerprinting shall be paid by the
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| applicant.
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| (iv) A photocopy of a certificate or other evidence of |
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| completion of a
course
to show compliance with Section 90 | 2 |
| of this Act.
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| Section 40. Approval of application.
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| (a) If the Department of State Police finds that the | 5 |
| applicant possesses a
valid
Firearm Owner's Identification
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| Card, meets the training requirements of this Act and has | 7 |
| provided the
documentation and paid the fees required for | 8 |
| issuance of a concealed firearms
permit, and that, as nearly as | 9 |
| it is possible to determine, nothing in the
applicant's | 10 |
| background or present circumstances disqualify him or her from
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| possessing a firearm in Illinois, it shall approve the | 12 |
| application and issue
the applicant a wallet sized permit | 13 |
| bearing the photograph of the applicant
within 90 days.
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| (b) The Department may consider any objection or | 15 |
| recommendation made by the
sheriff or municipal police | 16 |
| department supported by specific and articulable
reasons, in a | 17 |
| written report, why
the applicant should be denied a permit and | 18 |
| may deny the permit based solely on
those objections.
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| (c) If the applicant is found to be ineligible, the | 20 |
| Department of State
Police
shall deny the application, and | 21 |
| notify the applicant in writing, stating the
grounds for denial | 22 |
| and informing the applicant of the right to submit, within
30 | 23 |
| days, any additional documentation relating to the grounds of | 24 |
| the denial.
Upon receiving any additional documentation, the | 25 |
| Department of State Police
shall reconsider its decision and |
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| inform the applicant within 30 days of the
result of the | 2 |
| reconsideration. The applicant shall further be informed of the
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| right to appeal the denial in the circuit court of his or her | 4 |
| place of
residence.
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| (d) The Department of State Police shall maintain an | 6 |
| automated listing of
permit holders and pertinent information, | 7 |
| and this information shall be
available on-line, upon request, | 8 |
| at all times to all Illinois law enforcement
agencies. Except | 9 |
| as provided in this subsection, information on applications
for | 10 |
| permits, names and addresses, or other identifying information | 11 |
| relating to
permit holders shall be confidential and shall not | 12 |
| be made available except to
law enforcement agencies. Requests | 13 |
| for information about any permit holder
made by persons other | 14 |
| than a bona fide law enforcement agency shall be made to
the | 15 |
| Department of State Police together with any fee required for | 16 |
| the providing
of information. The Department of State Police | 17 |
| shall, upon proper application
and the payment of the required | 18 |
| fee, provide to the requester in written form
only, a list of | 19 |
| names of any or all holders in the State of Illinois licensed
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| to carry a concealed firearm. No identifying information other | 21 |
| than the name
shall be provided, and information for geographic | 22 |
| areas or other subdivisions
of any type from the list shall not | 23 |
| be provided, except to a bona fide law
enforcement agency, and | 24 |
| shall be
confidential. No requests for lists of local or | 25 |
| statewide permit holders shall
be made to any state or local | 26 |
| law enforcement agency. No other agency of
government other |
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| than the Department of State Police shall provide any
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| information to a requester
not entitled to it by law. The names | 3 |
| of all persons, other than
law enforcement agencies and peace | 4 |
| officers, requesting information under this
Section shall be | 5 |
| public records.
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| Section 45. Revocation of a permit.
A permit issued under | 7 |
| Section 40 shall be suspended or revoked if the permit
holder | 8 |
| becomes ineligible to be issued a permit under the criteria set | 9 |
| forth in
subsection (b)(i), (ii), (iii), (iv), (v), and (vi) of | 10 |
| Section 25 or subsection
(b) of
Section 40 of this Act. When an | 11 |
| order of protection is issued under
Section 112A-14 of the Code | 12 |
| of Criminal Procedure of 1963 or under Section 214
of the
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| Illinois Domestic Violence Act of 1986 against a person holding | 14 |
| a permit issued
under this Act, the
holder of the permit shall | 15 |
| surrender the permit to the court or to the officer
serving
the | 16 |
| order. The officer to whom the permit is surrendered shall | 17 |
| forthwith
transmit the permit to the court issuing the order. | 18 |
| The permit shall be
suspended until the order is terminated.
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| Section 50. Notification of renewal.
Not later than 120 | 20 |
| days before the expiration of any permit issued under this
Act, | 21 |
| the Department of State Police shall notify the permit holder | 22 |
| in writing
of the expiration and furnish an application for | 23 |
| renewal of the permit.
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| Section 55. Renewal of permit.
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| (a) The permit shall be renewed for a qualified applicant | 3 |
| upon receipt of
the
properly completed renewal
application and | 4 |
| required renewal fee. The renewal application shall contain the
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| same required information as set forth in paragraphs (i) | 6 |
| through (ix) of
Section 30, except
that in lieu of the firearm | 7 |
| education and use of deadly force training, the
applicant need | 8 |
| only demonstrate previous issuance of and continued | 9 |
| eligibility
for a concealed firearms permit.
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| (b) A permittee who fails to file a renewal application on | 11 |
| or before its
expiration date must pay an additional late fee | 12 |
| of $25. A person who fails to
renew his or her application | 13 |
| within 6 months after its expiration must reapply
for a new | 14 |
| permit and pay the fee for a new application.
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| Section 60. Change of address, change of name or lost or | 16 |
| destroyed permits.
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| (a) Within 30 days after the changing of a permanent | 18 |
| residence, or within 30
days
after loss
or destruction of a | 19 |
| concealed
firearms permit, the permittee shall notify the | 20 |
| Department of State Police of
the loss, destruction, change of | 21 |
| name, or change of residence. Failure to
notify
the Department | 22 |
| of State Police shall constitute a noncriminal
violation with a | 23 |
| penalty of $25 payable to the Department of State Police.
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| (b) If a person issued a permit to carry a concealed | 25 |
| firearm changes
residence within this State, or changes his or |
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| her name, the person to whom the
permit was
issued may upon | 2 |
| payment of $25 to the Department of State Police obtain a
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| corrected concealed firearms permit with a change of address or | 4 |
| change of name
upon furnishing a notarized statement to the | 5 |
| Department of State Police that
the permittee has changed | 6 |
| residence, or his or her name and upon submission of
an
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| application as set forth in Section 25 and photograph as set | 8 |
| forth in
paragraph (ii) of Section 30 of this Act. A concealed | 9 |
| firearms permit shall be
automatically invalid after 30 days if | 10 |
| the permittee has not notified the
Department of State Police | 11 |
| of a change of residence.
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| (c) If a permit to carry a concealed firearm is lost or | 13 |
| destroyed, the
permit
shall be automatically invalid, and the | 14 |
| person to whom the permit was issued
may
upon payment of $25 to | 15 |
| the Department of State Police obtain a duplicate, and
upon | 16 |
| furnishing a notarized statement to the Department of State | 17 |
| Police that
the permit was lost or destroyed, and submission of | 18 |
| an application as set forth
in Section 25 and photograph as set | 19 |
| forth in paragraph (ii) of Section 30 of
this Act.
| 20 |
| Section 65. Reciprocity. A person who holds a valid permit | 21 |
| or license
issued
by another state of
the United States whose | 22 |
| home state permits Illinois residents to obtain a
permit
or | 23 |
| license to carry a concealed firearm in that state may apply | 24 |
| directly to the
Department of State Police for a permit to | 25 |
| carry a concealed firearm in
Illinois. The Department of State |
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| Police shall take whatever steps are
necessary to verify that | 2 |
| the person applying has a valid permit or license to
carry a | 3 |
| concealed firearm issued by his or her home state.
| 4 |
| Section 70. Concealed firearms permit.
| 5 |
| (a) A concealed firearm permit shall
authorize the person | 6 |
| in whose
name the permit is issued to
carry concealed firearms | 7 |
| on or about his or her person or vehicle throughout
the State. | 8 |
| No permit issued
under this Section shall authorize any person | 9 |
| to carry a concealed
firearm into or upon:
| 10 |
| (i) Any police, sheriff, or highway patrol
office or | 11 |
| station without the consent of the chief law enforcement | 12 |
| officer in
charge of
that office or station.
| 13 |
| (ii) The facility of any adult or juvenile detention or
| 14 |
| correctional institution, prison, or jail.
| 15 |
| (iii) Any courthouse, solely occupied by the Circuit, | 16 |
| Appellate, or
Supreme
Court or a courtroom of any of those | 17 |
| courts, or court proceeding, except that
nothing in this | 18 |
| Section shall preclude a judge, holding a concealed firearm
| 19 |
| permit, from carrying a
concealed firearm within a | 20 |
| courthouse.
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| (iv) Any meeting of the governing body of a unit of | 22 |
| local government; or
any
meeting of the General Assembly or | 23 |
| a committee of the General
Assembly, except that nothing in | 24 |
| this Section shall preclude a member of the
body holding a | 25 |
| concealed firearms permit from carrying a concealed |
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| firearm at
a
meeting of the body which he or she is a | 2 |
| member.
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| (v) The General Assembly or a county or municipality | 4 |
| may by
statute or ordinance prohibit or limit the
carrying | 5 |
| of concealed firearms by permit holders in that portion of | 6 |
| a building
owned, leased or controlled by that unit of | 7 |
| government. That portion of a
building in which the | 8 |
| carrying of concealed firearms is prohibited or limited
| 9 |
| shall be clearly identified by signs posted at the
entrance | 10 |
| to the restricted area. The statute or ordinance shall | 11 |
| exempt any
building used for public housing
by private | 12 |
| persons, highways or rest areas, firing ranges, and private
| 13 |
| dwellings
owned, leased, or controlled by that unit of | 14 |
| government from any restriction on
the carrying or | 15 |
| possession of a firearm. The statute or ordinance shall not
| 16 |
| specify any
criminal penalty for its violation but may | 17 |
| specify that persons violating the
statute or ordinance may | 18 |
| be denied entrance to the building, ordered to leave
the | 19 |
| building and if the employees of the unit of government, be | 20 |
| subjected to
disciplinary measures for violation of the | 21 |
| provisions of the statute or
ordinance. The provisions of | 22 |
| this Section shall not apply to any other unit of
| 23 |
| government.
| 24 |
| (vi) Any portion of an establishment licensed to | 25 |
| dispense beer or
alcoholic
beverages for consumption on the | 26 |
| premises, which portion of the establishment
is primarily |
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| devoted to that purpose.
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| This paragraph (vi) does not apply to any bona fide | 3 |
| restaurant open to the
general public having dining | 4 |
| facilities
for not less than 50 persons and that receives | 5 |
| at least 50% of its
gross annual income from the
dining | 6 |
| facilities by the sale of food.
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| (vii) Any area of an airport to which access is | 8 |
| controlled by the
inspection
of
persons and property.
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| (viii) Any place where the carrying of a firearm is | 10 |
| prohibited by federal
law.
| 11 |
| (ix) Any elementary or secondary school facility | 12 |
| without the consent of
school
authorities.
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| (x) Any portion of a building used as a child care | 14 |
| facility without the
consent
of the manager. Nothing in | 15 |
| this Section shall prevent the operator of a
child care | 16 |
| facility in a family home from owning or possessing a | 17 |
| firearm or
permit.
| 18 |
| (xi) A riverboat gambling operation or horse racing | 19 |
| facility accessible by
the public.
| 20 |
| (xii) Any gated area of an amusement park.
| 21 |
| (xiii) Any stadium, arena or collegiate or | 22 |
| professional sporting event.
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| (xiv) A church or other place of religious worship.
| 24 |
| A violation of this subsection (a) is a Class A | 25 |
| misdemeanor.
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| A concealed firearm permit does not authorize the concealed |
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- 17 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| carrying or
transportation of a stun gun or taser.
| 2 |
| (b) The owner, business or commercial lessee, manager of a | 3 |
| private
business enterprise, or any other organization, | 4 |
| entity,
or person
may prohibit persons holding a permit for | 5 |
| concealed firearms
from carrying concealed firearms on the | 6 |
| premises and may prohibit employees,
not authorized by the | 7 |
| employer, holding a permit for concealed firearms from
carrying | 8 |
| concealed firearms on the property of the employer. If the | 9 |
| building
or the premises are open to the public, the employer | 10 |
| of the business enterprise
shall post signs on or about the | 11 |
| premises if carrying a concealed firearm is
prohibited. | 12 |
| Possession of a firearm in a vehicle on the premises shall not | 13 |
| be
a criminal offense so long as the firearm is not removed | 14 |
| from the vehicle or
brandished while the vehicle is on the | 15 |
| premises. An employer may prohibit
employees or other persons | 16 |
| holding a permit for a concealed firearm from
carrying a | 17 |
| concealed firearm in vehicles owned by the employer. Carrying | 18 |
| of a
concealed firearm in a location specified in this | 19 |
| subsection by a permit holder
shall not be a criminal act but | 20 |
| may subject the person to denial to the
premises or removal | 21 |
| from the premises.
| 22 |
| Section 75. Immunity of Department, sheriff, municipal | 23 |
| police department,
and their employees and
agents.
The | 24 |
| Department of State Police, office of the county sheriff, or | 25 |
| municipal
police department or any
employee or agent of the |
|
|
|
HB1304 Engrossed |
- 18 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| Department of State Police, county sheriff, or
municipal police | 2 |
| department, shall
not be liable for
damages in any civil action | 3 |
| arising from alleged wrongful or improper granting,
renewing, | 4 |
| or failure to revoke permits issued under this Act.
The office | 5 |
| of the county sheriff or municipal police department or any | 6 |
| employee
or agent of the office of the
county sheriff or | 7 |
| municipal police department shall not be liable for
submitting | 8 |
| specific and articulable
reasons why an applicant should be | 9 |
| denied a permit.
| 10 |
| Section 85. Fees.
Fees collected under this Act and | 11 |
| deposited into the Citizen Safety and
Self-Defense Trust Fund | 12 |
| shall be used exclusively for administrating the
provisions
of | 13 |
| this Act; except that, commencing January 1, 2008, any excess | 14 |
| monies in
the Fund may be used to ensure the prompt and | 15 |
| efficient processing of
applications received under Section 30 | 16 |
| of this Act.
| 17 |
| (i) Fees for a concealed firearms permit shall be:
| 18 |
| New permit..$100
| 19 |
| Renewal..$75
| 20 |
| Duplicate due to lost or destroyed..$25
| 21 |
| Corrected permit due to change of address or name..$25
| 22 |
| Late renewal fee..$25
| 23 |
| (ii) The Secretary of State shall conduct a study, to | 24 |
| determine the cost and
feasibility of creating a method of | 25 |
| adding an identifiable code, background,
or other means to show |
|
|
|
HB1304 Engrossed |
- 19 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| that an individual has been issued a permit to carry a
| 2 |
| concealed firearm by the Department of State Police on the | 3 |
| person's driver's
license.
By March 1 of each year, the | 4 |
| Department of State Police
shall
submit a statistical report to | 5 |
| the Governor, the President of the Senate and
the Speaker of | 6 |
| the House of Representatives, indicating the number of permits
| 7 |
| issued, revoked, suspended, denied and issued after appeal | 8 |
| since the last
report and in total and also the number of | 9 |
| permits currently valid. The report
shall also include the | 10 |
| number of arrests, convictions and types of crimes
since the | 11 |
| last report by individuals issued permits to carry a concealed
| 12 |
| firearm.
| 13 |
| Section 90. Applicant training.
| 14 |
| (a) The applicant training course shall be the standardized | 15 |
| training course
furnished by the Department and taught by a | 16 |
| qualified firearms instructor,
consisting of:
| 17 |
| (1) Twelve hours of classroom instruction, covering at | 18 |
| least the following
topics:
| 19 |
| (i) handgun safety in the classroom, at home, on | 20 |
| the firing range or
while carrying the firearm;
| 21 |
| (ii) the basic principles of marksmanship;
| 22 |
| (iii) care and cleaning of handguns; and
| 23 |
| (iv) by means of a videotape produced or approved | 24 |
| by the Department:
| 25 |
| (A) the requirements for obtaining a concealed |
|
|
|
HB1304 Engrossed |
- 20 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| firearms permit
in this State;
| 2 |
| (B) laws relating to firearms as prescribed in | 3 |
| the Firearm Owners
Identification Card Act, | 4 |
| Article 24 of the Criminal Code of 1961, and 18 | 5 |
| U.S.C.
921 through 930;
| 6 |
| (C) laws relating to the justifiable use of | 7 |
| force as prescribed in
Article 7 of the Criminal | 8 |
| Code of 1961.
| 9 |
| (2) Live firing exercises of sufficient duration for | 10 |
| each applicant to
fire a handgun:
| 11 |
| (i) from a standing position;
| 12 |
| (ii) a minimum of 20 rounds;
| 13 |
| (iii) at a distance from a B-21 silhouette target, | 14 |
| or an equivalent as
approved by the Department, of 7 | 15 |
| yards.
| 16 |
| (b) The classroom portion of the course may be, at the | 17 |
| qualified firearms
instructor's discretion, divided into
| 18 |
| segments of not less than 2 hours each.
| 19 |
| (c) (1) An applicant training course shall not be open to | 20 |
| persons who are
less
than 21 years of age.
| 21 |
| (2) Applicant training course students shall complete | 22 |
| a course
application
form, which shall include a statement | 23 |
| acknowledging receipt of copies of
pertinent statutory | 24 |
| provisions listed in clauses (A), (B), and (C) of
| 25 |
| subparagraph (iv) of paragraph (1) of subsection (a) and a
| 26 |
| liability waiver.
|
|
|
|
HB1304 Engrossed |
- 21 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| (3) The course application form may be obtained from | 2 |
| the
qualified firearms instructor at the time of the | 3 |
| course.
| 4 |
| (d) Qualified firearms instructors shall not discuss the | 5 |
| content of the
video tape or the content of the statutory | 6 |
| provisions listed in clauses (A),
(B), and (C) of subparagraph | 7 |
| (iv) of paragraph (1) of subsection (a) with
students, either
| 8 |
| individually or as a class.
| 9 |
| (e) At the conclusion of the classroom portion of the | 10 |
| applicant training
course, the qualified firearms instructor | 11 |
| shall:
| 12 |
| (1) distribute a standard course examination to the | 13 |
| students;
| 14 |
| (2) not leave the room in which the examination is | 15 |
| being held while the
examination is in progress;
| 16 |
| (3) collect examination booklets and answer sheets | 17 |
| from each student at
the end of the examination period;
| 18 |
| (4) not grade the examinations in the presence of | 19 |
| students; and
| 20 |
| (5) not divulge an applicant's numeric score on the day | 21 |
| of the
examination, but may indicate whether an applicant | 22 |
| passed or failed the
examination.
| 23 |
| (f) A person shall not:
| 24 |
| (1) Make an unauthorized copy of the applicant training | 25 |
| course
examination, in whole or in part;
| 26 |
| (2) Possess the applicant training course examination, |
|
|
|
HB1304 Engrossed |
- 22 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| or questions from
the examination, unless authorized by the | 2 |
| Department; or
| 3 |
| (3) Divulge the contents of an applicant training | 4 |
| course examination
questions to another person.
| 5 |
| (g) (1) Students shall provide their own safe, functional | 6 |
| handgun and
factory-loaded ammunition.
| 7 |
| (2) Prior to conducting range firing, the certified | 8 |
| firearms instructor
shall:
| 9 |
| (i) inspect each applicant's firearm; and
| 10 |
| (ii) not allow the firing of a handgun that is not | 11 |
| in sound mechanical
condition or otherwise may pose a | 12 |
| safety hazard.
| 13 |
| (h) Grades of "passing" shall not be given on range work to | 14 |
| an applicant
who:
| 15 |
| (1) does not follow the orders of the certified | 16 |
| firearms instructor;
| 17 |
| (2) in the judgment of the certified firearms | 18 |
| instructor, handles a
firearm
in a manner that poses a | 19 |
| danger to the applicant or to others; or
| 20 |
| (3) during the testing portion of the range work fails | 21 |
| to hit the
silhouette portion of the target with a majority | 22 |
| of
20 rounds.
| 23 |
| (i) Certified firearms instructors shall:
| 24 |
| (1) allow monitoring of their classes by officials of | 25 |
| any certifying
agency;
| 26 |
| (2) make all course records available upon demand to |
|
|
|
HB1304 Engrossed |
- 23 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| authorized
personnel of the Department; and
| 2 |
| (3) not divulge course records except as authorized by | 3 |
| the certifying
agency.
| 4 |
| (j) (1) Fees for applicant training courses shall not | 5 |
| exceed $75 per
student.
| 6 |
| (2) Qualified firearms instructors shall collect the | 7 |
| fee and remit $25 of
the fee to the Department.
| 8 |
| (3) Fees shall not be refunded to students who fail or | 9 |
| otherwise do not
complete the course.
| 10 |
| (k) An applicant training course shall not have more than | 11 |
| 40 students in
the
classroom portion or more than 5 students | 12 |
| per range officer engaged in range
firing.
| 13 |
| (l) Within 3 working days after the completion of the | 14 |
| course, the
certified
firearms instructor shall:
| 15 |
| (1) grade the examinations, and
| 16 |
| (2) mail to the Department:
| 17 |
| (i) the completed course application form, | 18 |
| showing the student's
score on
the written | 19 |
| examination and indicating whether the student | 20 |
| passed or failed the
range work, and
| 21 |
| (ii) the graded examinations.
| 22 |
| (m) Within 15 days after receipt of the material described | 23 |
| in section (1),
the Department shall mail to the applicant:
| 24 |
| (i) A certificate of successful course completion; or
| 25 |
| (ii) Notification that the applicant has failed the | 26 |
| course and will not be
certified.
|
|
|
|
HB1304 Engrossed |
- 24 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| (n) A student shall be issued a certificate of completion | 2 |
| if he or she:
| 3 |
| (i) answers at least 70% of the written examination | 4 |
| questions correctly;
and
| 5 |
| (ii) achieves a grade of "passing" on the range work.
| 6 |
| (o) (i) Students who score below 70% on the written | 7 |
| examination may
retake
the examination one time without having | 8 |
| to retake the course.
| 9 |
| (ii) Students who do not achieve a grade of "passing" | 10 |
| on the range work
may
repeat the range work one time | 11 |
| without having to retake the course.
| 12 |
| (iii) Notices of failure will include information on | 13 |
| whether the student
failed the written exam, the range | 14 |
| firing, or both.
| 15 |
| Section 95. Firearms instructors training.
| 16 |
| (a) Persons who are not qualified firearms instructors | 17 |
| shall not teach
applicant training courses.
| 18 |
| (b) Persons who are not qualified firearms instructors | 19 |
| shall not advertise
or otherwise represent courses they teach | 20 |
| as qualifying their students to meet
the requirements to | 21 |
| receive a permit to carry concealed firearms in this State.
| 22 |
| (c) Persons who are not certified instructor trainers shall | 23 |
| not teach
instructor qualification courses.
| 24 |
| (d) Persons wishing to become qualified firearms | 25 |
| instructors shall:
|
|
|
|
HB1304 Engrossed |
- 25 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| (1) be at least 21 years of age;
| 2 |
| (2) be a citizen of the United States; and
| 3 |
| (3) meet the requirements of subsection (b) of Section | 4 |
| 25.
| 5 |
| (e) Persons wishing to become instructor trainers, in | 6 |
| addition to the
requirements of subsection (d) of this Section, | 7 |
| shall:
| 8 |
| (1) possess a high school diploma or GED certificate,
| 9 |
| (2) have at least one of the following valid firearms | 10 |
| instructor
certifications:
| 11 |
| (I) National Rifle Association Personal Protection | 12 |
| Instructor;
| 13 |
| (II) National Rifle Association Pistol | 14 |
| Marksmanship Instructor;
| 15 |
| (III) Certification from a firearms instructor's | 16 |
| course offered by a
State
or federal governmental | 17 |
| agency; or
| 18 |
| (IV) A similar firearms instructor qualifying | 19 |
| course, approved by the
Director
of State Police or his | 20 |
| or her designee.
| 21 |
| (f) (1) Applicants shall agree to background checks.
| 22 |
| (2) An applicant may be disqualified from taking | 23 |
| firearms instructor
training, or have his or her instructor | 24 |
| qualification revoked if the applicant:
| 25 |
| (A) does not meet the requirements of this Act to | 26 |
| possess a
concealed firearms permit;
|
|
|
|
HB1304 Engrossed |
- 26 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| (B) provides false or misleading information on | 2 |
| the application; or
| 3 |
| (C) has had a prior instructor qualification | 4 |
| revoked by the Department.
| 5 |
| (g) The training course to certify firearms instructors and | 6 |
| instructor
trainers shall include:
| 7 |
| (1) Sixteen hours of classroom instruction covering at | 8 |
| least the following
topics:
| 9 |
| (i) By means of a videotape produced or approved by | 10 |
| the Department:
| 11 |
| (A) the requirements for obtaining a concealed | 12 |
| firearms permit in this
State;
| 13 |
| (B) laws relating to firearms as contained in the | 14 |
| Firearm Owners
Identification Card Act, Article 24 of | 15 |
| the Criminal Code of 1961, and 18 U.S.C.
921 through | 16 |
| 930.
| 17 |
| (C) laws relating to the justifiable use of force | 18 |
| as contained in
Article 7
of the Criminal Code of 1961;
| 19 |
| (D) the conduct of applicant training courses;
| 20 |
| (E) record-keeping requirements of this Act;
| 21 |
| (F) the basic nomenclature of handguns;
| 22 |
| (G) the basic principles of marksmanship; and
| 23 |
| (H) the safe handling of handguns.
| 24 |
| (2) A classroom demonstration, during which the | 25 |
| instructor candidate shall
receive instruction on and | 26 |
| demonstrate competency in the ability to prepare and
|
|
|
|
HB1304 Engrossed |
- 27 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| deliver a classroom presentation using materials from the | 2 |
| applicant curriculum.
| 3 |
| (3) Range instruction and firing of live ammunition, | 4 |
| during which the
instructor candidate shall receive | 5 |
| instruction on and demonstrate competency in
the ability | 6 |
| to:
| 7 |
| (i) handle and fire a handgun safely and | 8 |
| accurately;
| 9 |
| (ii) conduct a function test and safety inspection | 10 |
| of common types of
handguns;
| 11 |
| (iii) clean common types of handguns; and
| 12 |
| (iv) supervise and conduct live firing exercises | 13 |
| in a safe and efficient
manner.
| 14 |
| (h) To qualify as a certified firearms instructor or | 15 |
| instructor trainer,
instructor candidates shall achieve:
| 16 |
| (1) A minimum score of 70% on a written examination | 17 |
| covering the
material taught during the classroom portion | 18 |
| of the course;
| 19 |
| (2) A minimum score of 80% on range firing of a handgun | 20 |
| from the
standing position while aiming at a B-21 PC | 21 |
| silhouette target or an equivalent
as approved by the | 22 |
| Department, with a minimum of:
| 23 |
| (i) ten rounds from 7 yards; and
| 24 |
| (ii) ten rounds from 15 yards; and
| 25 |
| (iii) a score of "passing" from the course | 26 |
| instructor for
demonstrating competency in each of |
|
|
|
HB1304 Engrossed |
- 28 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| the following:
| 2 |
| (A) Supervising and conducting live fire;
| 3 |
| (B) Cleaning and inspecting handguns; and
| 4 |
| (C) Preparing and delivering the classroom | 5 |
| lecture.
| 6 |
| (i) Instructor candidates who fail to meet the minimum | 7 |
| requirements of
subsection (h) of this Section may retake the | 8 |
| examination, range work, or
classroom demonstration one time | 9 |
| without having to repeat the course.
| 10 |
| (j) Qualified firearms instructor and instructor trainer | 11 |
| certificates
shall be valid for 3 years from date of issue.
| 12 |
| Qualified firearms instructors or instructor trainers may | 13 |
| renew their
certification by successfully completing a | 14 |
| refresher course offered or
approved by the Department.
| 15 |
| (k) The fees for instructor trainer or refresher courses | 16 |
| shall be $100 per
student.
| 17 |
| (1) The fees for qualified instructor courses shall be | 18 |
| no more than $100
per student. The instructor trainer shall | 19 |
| remit $50 per student to the
Department.
| 20 |
| (2) Fees shall not be refunded to those who do not pass | 21 |
| or otherwise fail
to complete a course.
| 22 |
| (l) Course participants shall provide their own safe, | 23 |
| functional handgun and
factory-loaded ammunition.
| 24 |
| (m) Prior to conducting range firing, the course instructor | 25 |
| shall:
| 26 |
| (i) inspect each applicant's firearm; and
|
|
|
|
HB1304 Engrossed |
- 29 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| (ii) not allow the firing of a handgun which is not in | 2 |
| sound
mechanical condition or otherwise may pose a safety | 3 |
| hazard.
| 4 |
| Section 100. Severability.
The provisions of this Act are | 5 |
| severable under Section 1.31 of the Statute on
Statutes.
| 6 |
| Section 905. The Firearm Owners Identification Card Act is | 7 |
| amended by
changing Section 13.1 as follows:
| 8 |
| (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| 9 |
| Sec. 13.1.
The provisions of any ordinance enacted by any | 10 |
| municipality which
requires registration or imposes greater | 11 |
| restrictions or limitations on the
acquisition, possession and | 12 |
| transfer of firearms than are imposed by this
Act, are not | 13 |
| invalidated or affected by this Act , except that
an ordinance | 14 |
| of a unit of local government, including a home
rule unit, is | 15 |
| invalid if it is inconsistent with the Family and Personal
| 16 |
| Protection Act. It is declared to be the policy of this State | 17 |
| that the
regulation of the
right to carry concealed firearms is | 18 |
| an exclusive power and function of the
State. A home rule unit | 19 |
| may not regulate the issuance of permits to carry
concealed | 20 |
| firearms. This Section is a denial and limitation of home rule
| 21 |
| powers and functions under subsection (h) of Section 6 of | 22 |
| Article VII of the
Illinois Constitution .
| 23 |
| (Source: P.A. 76-1939.)
|
|
|
|
HB1304 Engrossed |
- 30 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| Section 910. The Criminal Code of 1961 is amended by | 2 |
| changing
Section 24-2 as follows:
| 3 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 4 |
| Sec. 24-2. Exemptions.
| 5 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 6 |
| Section
24-1.6 do not apply to
or affect any of the 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 |
|
|
|
HB1304 Engrossed |
- 31 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| employment.
| 2 |
| (5) Persons licensed as private security contractors, | 3 |
| private
detectives, or private alarm contractors, or | 4 |
| employed by an agency
certified by the Department of | 5 |
| Professional Regulation, if their duties
include the | 6 |
| carrying of a weapon under the provisions of the Private
| 7 |
| Detective, Private Alarm,
Private Security, and Locksmith | 8 |
| Act of 2004,
while actually
engaged in the performance of | 9 |
| the duties of their employment or commuting
between their | 10 |
| homes and places of employment, provided that such | 11 |
| commuting
is accomplished within one hour from departure | 12 |
| from home or place of
employment, as the case may be. | 13 |
| Persons exempted under this subdivision
(a)(5) shall be | 14 |
| required to have completed a course of
study in firearms | 15 |
| handling and training approved and supervised by the
| 16 |
| Department of Professional Regulation as prescribed by | 17 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 18 |
| Security, and Locksmith Act of 2004, prior
to becoming | 19 |
| eligible for this exemption. The Department of | 20 |
| Professional
Regulation shall provide suitable | 21 |
| documentation demonstrating the
successful completion of | 22 |
| the prescribed firearms training. Such
documentation shall | 23 |
| be carried at all times when such persons are in
possession | 24 |
| of a concealable weapon.
| 25 |
| (6) Any person regularly employed in a commercial or | 26 |
| industrial
operation as a security guard for the protection |
|
|
|
HB1304 Engrossed |
- 32 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| of persons employed
and private property related to such | 2 |
| commercial or industrial
operation, while actually engaged | 3 |
| in the performance of his or her
duty or traveling between | 4 |
| sites or properties belonging to the
employer, and who, as | 5 |
| a security guard, is a member of a security force of
at | 6 |
| least 5 persons registered with the Department of | 7 |
| Professional
Regulation; provided that such security guard | 8 |
| has successfully completed a
course of study, approved by | 9 |
| and supervised by the Department of
Professional | 10 |
| Regulation, consisting of not less than 40 hours of | 11 |
| training
that includes the theory of law enforcement, | 12 |
| liability for acts, and the
handling of weapons. A person | 13 |
| shall be considered eligible for this
exemption if he or | 14 |
| she has completed the required 20
hours of training for a | 15 |
| security officer and 20 hours of required firearm
training, | 16 |
| and has been issued a firearm authorization card by
the | 17 |
| Department of Professional Regulation. Conditions for the | 18 |
| renewal of
firearm authorization cards issued under the | 19 |
| provisions of this Section
shall be the same as for those | 20 |
| cards issued under the provisions of the
Private Detective, | 21 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 22 |
| Such
firearm authorization card shall be carried by the | 23 |
| security guard at all
times when he or she is in possession | 24 |
| of a concealable weapon.
| 25 |
| (7) Agents and investigators of the Illinois | 26 |
| Legislative Investigating
Commission authorized by the |
|
|
|
HB1304 Engrossed |
- 33 - |
LRB095 10330 RLC 30545 b |
|
| 1 |
| Commission to carry the weapons specified in
subsections | 2 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 3 |
| any investigation for the Commission.
| 4 |
| (8) Persons employed by a financial institution for the | 5 |
| protection of
other employees and property related to such | 6 |
| financial institution, while
actually engaged in the | 7 |
| performance of their duties, commuting between
their homes | 8 |
| and places of employment, or traveling between sites or
| 9 |
| properties owned or operated by such financial | 10 |
| institution, provided that
any person so employed has | 11 |
| successfully completed a course of study,
approved by and | 12 |
| supervised by the Department of Professional Regulation,
| 13 |
| consisting of not less than 40 hours of training which | 14 |
| includes theory of
law enforcement, liability for acts, and | 15 |
| the handling of weapons.
A person shall be considered to be | 16 |
| eligible for this exemption if he or
she has completed the | 17 |
| required 20 hours of training for a security officer
and 20 | 18 |
| hours of required firearm training, and has been issued a
| 19 |
| firearm authorization card by the Department of | 20 |
| Professional Regulation.
Conditions for renewal of firearm | 21 |
| authorization cards issued under the
provisions of this | 22 |
| Section shall be the same as for those issued under the
| 23 |
| provisions of the Private Detective, Private Alarm,
| 24 |
| Private Security, and Locksmith Act of 2004.
Such firearm | 25 |
| authorization card shall be carried by the person so
| 26 |
| trained at all times when such person is in possession of a |
|
|
|
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LRB095 10330 RLC 30545 b |
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| 1 |
| concealable
weapon. For purposes of this subsection, | 2 |
| "financial institution" means a
bank, savings and loan | 3 |
| association, credit union or company providing
armored car | 4 |
| services.
| 5 |
| (9) Any person employed by an armored car company to | 6 |
| drive an armored
car, while actually engaged in the | 7 |
| performance of his duties.
| 8 |
| (10) Persons who have been classified as peace officers | 9 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 10 |
| (11) Investigators of the Office of the State's | 11 |
| Attorneys Appellate
Prosecutor authorized by the board of | 12 |
| governors of the Office of the
State's Attorneys Appellate | 13 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 14 |
| State's Attorneys Appellate Prosecutor's Act.
| 15 |
| (12) Special investigators appointed by a State's | 16 |
| Attorney under
Section 3-9005 of the Counties Code.
| 17 |
| (12.5) Probation officers while in the performance of | 18 |
| their duties, or
while commuting between their homes, | 19 |
| places of employment or specific locations
that are part of | 20 |
| their assigned duties, with the consent of the chief judge | 21 |
| of
the circuit for which they are employed.
| 22 |
| (13) Court Security Officers while in the performance | 23 |
| of their official
duties, or while commuting between their | 24 |
| homes and places of employment, with
the
consent of the | 25 |
| Sheriff.
| 26 |
| (13.5) A person employed as an armed security guard at |
|
|
|
HB1304 Engrossed |
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LRB095 10330 RLC 30545 b |
|
| 1 |
| a nuclear energy,
storage, weapons or development site or | 2 |
| facility regulated by the Nuclear
Regulatory Commission | 3 |
| who has completed the background screening and training
| 4 |
| mandated by the rules and regulations of the Nuclear | 5 |
| Regulatory Commission.
| 6 |
| (14) Manufacture, transportation, or sale of weapons | 7 |
| to
persons
authorized under subdivisions (1) through | 8 |
| (13.5) of this
subsection
to
possess those weapons.
| 9 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 10 |
| 24-1.6 do not
apply to or affect
any of the following:
| 11 |
| (1) Members of any club or organization organized for | 12 |
| the purpose of
practicing shooting at targets upon | 13 |
| established target ranges, whether
public or private, and | 14 |
| patrons of such ranges, while such members
or patrons are | 15 |
| using their firearms on those target ranges.
| 16 |
| (2) Duly authorized military or civil organizations | 17 |
| while parading,
with the special permission of the | 18 |
| Governor.
| 19 |
| (3) Hunters, trappers or fishermen with a license or
| 20 |
| permit while engaged in hunting,
trapping or fishing.
| 21 |
| (4) Transportation of weapons that are broken down in a
| 22 |
| non-functioning state or are not immediately accessible.
| 23 |
| (5) Carrying a concealed firearm by a permittee who has | 24 |
| been issued a
permit to carry a concealed firearm under the | 25 |
| Family and Personal Protection
Act.
| 26 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any |
|
|
|
HB1304 Engrossed |
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LRB095 10330 RLC 30545 b |
|
| 1 |
| of the
following:
| 2 |
| (1) Peace officers while in performance of their | 3 |
| official duties.
| 4 |
| (2) Wardens, superintendents and keepers of prisons, | 5 |
| penitentiaries,
jails and other institutions for the | 6 |
| detention of persons accused or
convicted of an offense.
| 7 |
| (3) Members of the Armed Services or Reserve Forces of | 8 |
| the United States
or the Illinois National Guard, while in | 9 |
| the performance of their official
duty.
| 10 |
| (4) Manufacture, transportation, or sale of machine | 11 |
| guns to persons
authorized under subdivisions (1) through | 12 |
| (3) of this subsection to
possess machine guns, if the | 13 |
| machine guns are broken down in a
non-functioning state or | 14 |
| are not immediately accessible.
| 15 |
| (5) Persons licensed under federal law to manufacture | 16 |
| any weapon from
which 8 or more shots or bullets can be | 17 |
| discharged by a
single function of the firing device, or | 18 |
| ammunition for such weapons, and
actually engaged in the | 19 |
| business of manufacturing such weapons or
ammunition, but | 20 |
| only with respect to activities which are within the lawful
| 21 |
| scope of such business, such as the manufacture, | 22 |
| transportation, or testing
of such weapons or ammunition. | 23 |
| This exemption does not authorize the
general private | 24 |
| possession of any weapon from which 8 or more
shots or | 25 |
| bullets can be discharged by a single function of the | 26 |
| firing
device, but only such possession and activities as |
|
|
|
HB1304 Engrossed |
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LRB095 10330 RLC 30545 b |
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| 1 |
| are within the lawful
scope of a licensed manufacturing | 2 |
| business described in this paragraph.
| 3 |
| During transportation, such weapons shall be broken | 4 |
| down in a
non-functioning state or not immediately | 5 |
| accessible.
| 6 |
| (6) The manufacture, transport, testing, delivery, | 7 |
| transfer or sale,
and all lawful commercial or experimental | 8 |
| activities necessary thereto, of
rifles, shotguns, and | 9 |
| weapons made from rifles or shotguns,
or ammunition for | 10 |
| such rifles, shotguns or weapons, where engaged in
by a | 11 |
| person operating as a contractor or subcontractor pursuant | 12 |
| to a
contract or subcontract for the development and supply | 13 |
| of such rifles,
shotguns, weapons or ammunition to the | 14 |
| United States government or any
branch of the Armed Forces | 15 |
| of the United States, when such activities are
necessary | 16 |
| and incident to fulfilling the terms of such contract.
| 17 |
| The exemption granted under this subdivision (c)(6)
| 18 |
| shall also apply to any authorized agent of any such | 19 |
| contractor or
subcontractor who is operating within the | 20 |
| scope of his employment, where
such activities involving | 21 |
| such weapon, weapons or ammunition are necessary
and | 22 |
| incident to fulfilling the terms of such contract.
| 23 |
| During transportation, any such weapon shall be broken | 24 |
| down in a
non-functioning state, or not immediately | 25 |
| accessible.
| 26 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
|
|
|
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LRB095 10330 RLC 30545 b |
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| 1 |
| possession
or carrying of a black-jack or slung-shot by a peace | 2 |
| officer.
| 3 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 4 |
| manager or
authorized employee of any place specified in that | 5 |
| subsection nor to any
law enforcement officer.
| 6 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 7 |
| Section 24-1.6
do not apply
to members of any club or | 8 |
| organization organized for the purpose of practicing
shooting | 9 |
| at targets upon established target ranges, whether public or | 10 |
| private,
while using their firearms on those target ranges.
| 11 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 12 |
| to:
| 13 |
| (1) Members of the Armed Services or Reserve Forces of | 14 |
| the United
States or the Illinois National Guard, while in | 15 |
| the performance of their
official duty.
| 16 |
| (2) Bonafide collectors of antique or surplus military | 17 |
| ordinance.
| 18 |
| (3) Laboratories having a department of forensic | 19 |
| ballistics, or
specializing in the development of | 20 |
| ammunition or explosive ordinance.
| 21 |
| (4) Commerce, preparation, assembly or possession of | 22 |
| explosive
bullets by manufacturers of ammunition licensed | 23 |
| by the federal government,
in connection with the supply of | 24 |
| those organizations and persons exempted
by subdivision | 25 |
| (g)(1) of this Section, or like organizations and persons
| 26 |
| outside this State, or the transportation of explosive |
|
|
|
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LRB095 10330 RLC 30545 b |
|
| 1 |
| bullets to any
organization or person exempted in this | 2 |
| Section by a common carrier or by a
vehicle owned or leased | 3 |
| by an exempted manufacturer.
| 4 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 5 |
| persons licensed
under federal law to manufacture any device or | 6 |
| attachment of any kind designed,
used, or intended for use in | 7 |
| silencing the report of any firearm, firearms, or
ammunition
| 8 |
| for those firearms equipped with those devices, and actually | 9 |
| engaged in the
business of manufacturing those devices, | 10 |
| firearms, or ammunition, but only with
respect to
activities | 11 |
| that are within the lawful scope of that business, such as the
| 12 |
| manufacture, transportation, or testing of those devices, | 13 |
| firearms, or
ammunition. This
exemption does not authorize the | 14 |
| general private possession of any device or
attachment of any | 15 |
| kind designed, used, or intended for use in silencing the
| 16 |
| report of any firearm, but only such possession and activities | 17 |
| as are within
the
lawful scope of a licensed manufacturing | 18 |
| business described in this subsection
(g-5). During | 19 |
| transportation, those devices shall be detached from any weapon
| 20 |
| or
not immediately accessible.
| 21 |
| (h) An information or indictment based upon a violation of | 22 |
| any
subsection of this Article need not negative any exemptions | 23 |
| contained in
this Article. The defendant shall have the burden | 24 |
| of proving such an
exemption.
| 25 |
| (i) Nothing in this Article shall prohibit, apply to, or | 26 |
| affect
the transportation, carrying, or possession, of any |
|
|
|
HB1304 Engrossed |
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LRB095 10330 RLC 30545 b |
|
| 1 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 2 |
| to a common carrier operating
under license of the State of | 3 |
| Illinois or the federal government, where
such transportation, | 4 |
| carrying, or possession is incident to the lawful
| 5 |
| transportation in which such common carrier is engaged; and | 6 |
| nothing in this
Article shall prohibit, apply to, or affect the | 7 |
| transportation, carrying,
or possession of any pistol, | 8 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 9 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 10 |
| this Article, which is unloaded and enclosed in a case, firearm
| 11 |
| carrying box, shipping box, or other container, by the | 12 |
| possessor of a valid
Firearm Owners Identification Card.
| 13 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 14 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 15 |
| Section 999. Effective date. This Act takes effect upon | 16 |
| becoming law. |
|
|
|
HB1304 Engrossed |
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LRB095 10330 RLC 30545 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| New Act |
|
| 4 |
| 430 ILCS 65/13.1 |
from Ch. 38, par. 83-13.1 |
| 5 |
| 720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
| |
|