Full Text of HB0148 097th General Assembly
HB0148eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Family | 5 | | and Personal Protection Act. | 6 | | Section 10. Definitions. As used in this Act: | 7 | | "Concealed firearm" means a loaded or unloaded handgun | 8 | | carried on or about a person completely or mostly concealed | 9 | | from view of the public, or carried in a vehicle in such a way | 10 | | as it is concealed from view of the public. | 11 | | "Department" means the Department of State Police. | 12 | | "Director" means the Director of State Police. | 13 | | "Fund" means the Citizen Safety and Self-Defense Trust | 14 | | Fund. | 15 | | "Handgun" means any device which is designed to expel a | 16 | | projectile or projectiles by the action of an explosion, | 17 | | expansion of gas, or escape of gas that is designed to be held | 18 | | and fired by the use of a single hand, and includes a | 19 | | combination of parts from which such a firearm can be | 20 | | assembled. "Handgun" does not include a stun gun or taser. | 21 | | "License" means a license issued by the Department of State | 22 | | Police to carry a loaded or unloaded concealed firearm. | 23 | | "Licensee" means a person issued a license to carry a |
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| 1 | | concealed firearm. | 2 | | "Peace officer" means (i) any person who by virtue of his | 3 | | or her office or public employment is vested by law with a duty | 4 | | to maintain public order or to make arrests for offenses, | 5 | | whether that duty extends to all offenses or is limited to | 6 | | specific offenses, or (ii) any person who, by statute, is | 7 | | granted and authorized to exercise powers similar to those | 8 | | conferred upon any peace officer employed by a law enforcement | 9 | | agency of this State.
| 10 | | Section 15. Citizen Safety and Self-Defense Trust Fund.
| 11 | | Fees from applications for licenses shall be deposited into the | 12 | | Citizen Safety and Self-Defense Trust Fund, a special fund that | 13 | | is created in the State treasury. Moneys in the Fund may be | 14 | | invested and any income from investments shall be deposited | 15 | | into the Fund. Subject to appropriation, moneys in the Fund | 16 | | shall exclusively be used to assist the Department with the | 17 | | administrative costs associated with this Act.
| 18 | | Section 20. Issuance of licenses to carry a concealed | 19 | | firearm.
| 20 | | (a) The Department shall issue a license to an applicant | 21 | | who (i) meets the qualifications of Section 25; (ii) has | 22 | | provided the application and documentation required in Section | 23 | | 30; and (iii) has submitted the requisite fees. The Department | 24 | | shall issue a renewal, corrected, or duplicate license in |
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| 1 | | accordance with this Act. | 2 | | (a-5) A licensee shall possess a license at all times the | 3 | | licensee carries a concealed firearm except (i) if the person | 4 | | is carrying or possessing a concealed firearm and the person is | 5 | | on his or her land or in his or her abode or legal dwelling or | 6 | | in the abode or legal dwelling of another person as an invitee | 7 | | with that person's permission; (ii) if the person is authorized | 8 | | to carry a firearm under Section 24-2 of the Criminal Code of | 9 | | 1961; or (iii) the handgun is broken down in a non-functioning | 10 | | state, is not immediately accessible, or is enclosed in a case, | 11 | | firearm carrying box, shipping box, or other container.
| 12 | | (a-10) A licensee shall display the license upon the | 13 | | request of a peace officer or person designated to enforce the | 14 | | provisions of Section 70.
| 15 | | (b) The Department shall make applications for a license | 16 | | available no later than 180 days after the effective date of | 17 | | this Act. Applications shall be available at Department | 18 | | locations, sheriff offices, on the Department's official | 19 | | website, and any other location designated by the Department. | 20 | | (c) A completed application for a license shall be | 21 | | submitted to the office of the sheriff of the county in which | 22 | | the applicant resides with all accompanying materials and fees. | 23 | | The sheriff shall review the application and submit a completed | 24 | | application, all accompanying materials, and the application | 25 | | fee to the
Department within 30 days of receipt. The sheriff | 26 | | shall promptly return an incomplete application to the |
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| 1 | | applicant. Each
applicant for a license shall submit a $100 | 2 | | application fee, of which $25 shall be retained by the sheriff | 3 | | for expenses
related to receiving and reviewing applications, | 4 | | and $75 shall be submitted to the Department and deposited into | 5 | | the
Citizen Safety and Self Defense Trust Fund.
The sheriff may | 6 | | require an applicant submit the fee in 2 portions: (1) $25 | 7 | | payable to the sheriff, and (2) $75 payable
to the Department. | 8 | | (d) A sheriff may submit an objection to an application, | 9 | | provided the objection is in writing, includes specific reasons | 10 | | for the objection, and is submitted with the application. Upon | 11 | | request of a municipal law enforcement agency, the sheriff | 12 | | shall notify the department of the name, address, and date of | 13 | | birth of any person submitting an application for a license. | 14 | | The municipal police department may submit to the sheriff | 15 | | information deemed to be relevant to the application, and the | 16 | | sheriff may consider such information when determining whether | 17 | | to submit an objection. Any objection submitted by a sheriff, | 18 | | including reports submitted to a sheriff by a municipal law | 19 | | enforcement agency, must be disclosed to the applicant unless | 20 | | disclosure would interfere with a criminal investigation, or as | 21 | | determined by the Department, disclosure may threaten the | 22 | | safety or welfare of the sheriff or local law enforcement | 23 | | agency. | 24 | | (e) Notwithstanding subsection (a), the Department may | 25 | | consider any objection or recommendation made by the sheriff | 26 | | and may determine the applicant is ineligible based solely on |
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| 1 | | those objections. If the applicant is found by the Department | 2 | | to be ineligible, the Department shall deny the application and | 3 | | notify the applicant and the sheriff in writing, stating the | 4 | | grounds for denial. The notice of denial must inform the | 5 | | applicant that he or she may, within 30 days, appeal the denial | 6 | | and submit additional materials relevant to the grounds for | 7 | | denial. Upon receiving any additional documentation, the | 8 | | Department shall reconsider its decision and inform the | 9 | | applicant within 30 days of the result of the reconsideration. | 10 | | If upon reconsideration the Department denies the application, | 11 | | the applicant must be informed of the right to administrative | 12 | | review.
| 13 | | (f) The license shall be issued by the Department within 45 | 14 | | days of receipt of a completed application from a sheriff. A | 15 | | license shall be valid throughout the State for a period of 5 | 16 | | years. | 17 | | (g) The Department shall promulgate rules to implement the | 18 | | provisions of this Section.
| 19 | | Section 25. Qualifications of an applicant for a license. | 20 | | The Department shall issue a license to an applicant completing | 21 | | an application in accordance with Section 30 of this Act if the | 22 | | person: | 23 | | (a) is at least 21 years of age; | 24 | | (b) has a valid Firearm Owner's Identification Card, or | 25 | | if applying for a non-resident license, has a notarized |
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| 1 | | document stating the applicant is eligible under federal | 2 | | law and the laws of his or her home state to own a handgun; | 3 | | (c) resides within the State of Illinois or resides in | 4 | | another state and requests a license under Section 65; | 5 | | (d) has not been convicted in Illinois or any other | 6 | | state of (i) a felony, (ii) a misdemeanor involving the use | 7 | | or threat of
physical force or violence to any person | 8 | | within the 10 years preceding the date of the application, | 9 | | or (iii) a misdemeanor
involving the use, possession, or | 10 | | distribution of a controlled substance or cannabis within | 11 | | the 10 years preceding the
date of the application; | 12 | | (e) has not been a patient in a mental institution | 13 | | within the past 5 years, has not been adjudicated as having | 14 | | a mental defect, or is not mentally retarded; | 15 | | (f) is not free on any form of bond or pretrial | 16 | | release, other than for a traffic offense or other | 17 | | disqualifying act, and has
no outstanding warrants in | 18 | | Illinois or any other state; | 19 | | (g) does not chronically and habitually abuse | 20 | | alcoholic beverages as evidenced by the applicant having 2 | 21 | | or more convictions for violating Section 11-501 of the | 22 | | Illinois Vehicle Code or similar provision of a local | 23 | | ordinance within 5 years preceding the date of the | 24 | | application, or if the applicant has elected treatment | 25 | | under the supervision of a licensed program in accordance | 26 | | with the Alcoholism and Other Drug Abuse and Dependency Act |
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| 1 | | or similar laws of any other state, within 5 years | 2 | | preceding the date of the application; and | 3 | | (h) has completed firearms training and any | 4 | | educational component required in Section 85 of this Act.
| 5 | | Section 30. Contents of application.
| 6 | | (a) The application shall be in writing, under oath and | 7 | | penalty of perjury, on a standard form promulgated by the | 8 | | Department and shall be accompanied by the documentation | 9 | | required in this Section and all applicable fees. | 10 | | (b) The application shall contain the following | 11 | | information: | 12 | | (i) the applicant's name, current address, gender, | 13 | | date and year of birth, place of birth, height, weight, | 14 | | hair color, eye
color, maiden name or any other name the | 15 | | applicant has used or identified with, and any address at | 16 | | which the applicant
resided for more than 30 days within | 17 | | the 5 years preceding the date of the application; | 18 | | (ii) the applicant's driver's license or state | 19 | | identification card number and the last 4 digits of the | 20 | | applicant's social
security number; | 21 | | (iii) questions to certify or demonstrate the | 22 | | applicant has completed firearms training and any | 23 | | educational component required in Section 85 of this Act; | 24 | | (iv) a statement that the applicant is a resident of | 25 | | the State of Illinois, except persons applying under |
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| 1 | | Section 65 shall be instructed to submit the information | 2 | | required in that Section; | 3 | | (v) a waiver of privacy and confidentiality rights and | 4 | | privileges enjoyed by the applicant under all federal and | 5 | | State laws, including those governing access to juvenile | 6 | | court, criminal justice, psychological or psychiatric | 7 | | records, or records relating to the applicant's history of | 8 | | institutionalization, and an affirmative request that any | 9 | | person having custody of any such record provide it or | 10 | | information concerning it to the Department; | 11 | | (vi) a conspicuous warning that false statements made | 12 | | by the applicant will result in prosecution for perjury in | 13 | | accordance with Section 32-2 of the Criminal Code of 1961; | 14 | | (vii) an affirmation that the applicant either | 15 | | possesses a currently valid Illinois Firearm Owner's | 16 | | Identification Card, in which case the application shall | 17 | | include the card number, or is applying for the card in | 18 | | conjunction with the application for a license, except | 19 | | persons applying under Section 65 shall be instructed to | 20 | | submit a copy of a valid license to carry a handgun issued | 21 | | by their home state, if applicable, or submit a notarized | 22 | | document stating the applicant is eligible under the laws | 23 | | of his or her home state to possess a handgun; and | 24 | | (viii) an affirmation that the applicant has never been | 25 | | convicted in Illinois or any other state of (i) a felony, | 26 | | (ii) a
misdemeanor involving the use or threat of physical |
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| 1 | | force or violence to any person within the 10 years | 2 | | preceding the
date of the application, or (iii) a | 3 | | misdemeanor involving the use, possession, or distribution | 4 | | of a controlled substance or
cannabis within the 10 years | 5 | | preceding the date of the application. | 6 | | (c) A person applying for a license shall provide a head | 7 | | and shoulder color photograph in a size specified by the | 8 | | Department that was taken within the 30
days preceding the date | 9 | | of the application. The applicant shall consent to the | 10 | | Department reviewing and using the
applicant's digital | 11 | | driver's license or Illinois Identification photograph and | 12 | | signature, if available. The Secretary of State shall allow the | 13 | | Department access to the photograph and signature for the | 14 | | purpose of identifying the applicant and issuing to the | 15 | | applicant a license. | 16 | | (d) A person applying for a license shall submit with an | 17 | | application a full set of legible fingerprints. Fingerprinting | 18 | | may be administered by the Department or any other federal, | 19 | | State, county, or municipal law enforcement agency. The cost of | 20 | | fingerprinting shall be paid by the applicant, provided that | 21 | | the Department or law enforcement agency may charge no more | 22 | | than $25 for a single set of fingerprints. The Department shall | 23 | | accept a hard copy or electronic version of fingerprints. | 24 | | (e) A person applying for a license shall submit a | 25 | | photocopy of a certificate or other evidence of completion of a | 26 | | course to show compliance with Section 85 of this Act. |
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| 1 | | (f) The Department is authorized to establish a system for | 2 | | electronically submitting applications, including applications | 3 | | for renewal or a replacement license.
| 4 | | Section 35. Database of applicants and licensees. | 5 | |
(a) The Department shall maintain a database of applicants | 6 | | for a license and licenses. The database shall be available to | 7 | | all Illinois law enforcement agencies, State's Attorneys, and | 8 | | the Attorney General. Members and staff of the judiciary may | 9 | | access the database for the purpose of determining whether to | 10 | | confiscate a license or to ensure compliance with this Act or | 11 | | any other law. The database shall be searchable and provide all | 12 | | information included in the application, a photo of the | 13 | | applicant or licensee, and any information related to | 14 | | violations of this Act. Individual law enforcement agencies | 15 | | shall not maintain a separate, searchable database of | 16 | | applicants and licensees containing information included in | 17 | | the database. | 18 | | (b) The Department shall make available on its website and | 19 | | upon request under the Freedom of Information Act statistical | 20 | | information about the number of licenses issues by county, age, | 21 | | race, or gender. Such report shall be updated monthly. Except | 22 | | as provided in this subsection, applications and information in | 23 | | the database shall be confidential and exempt from disclosure | 24 | | under the Freedom of Information Act. The Department may answer | 25 | | requests to confirm or deny whether a person has been issued a |
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| 1 | | license as part of inquiries dealing with a criminal | 2 | | investigation. Individual law enforcement agencies, State's | 3 | | Attorneys, and judicial staff shall sign a confidentiality | 4 | | agreement, prepared by the Department, prior to receiving | 5 | | access to the database. No law enforcement agency, State's | 6 | | Attorney, or member or staff of the judiciary, other than the | 7 | | Department, shall provide any information to a requester not | 8 | | entitled to it by law, except as required or necessary for the | 9 | | conduct of a criminal investigation.
| 10 | | Section 40. Suspension or revocation of a license. | 11 | | (a) A license issued or renewed under this Act shall be | 12 | | revoked if, at any time, the licensee is found ineligible for a | 13 | | license based on the criteria set forth in Section 25 of this | 14 | | Act or the licensee no longer possesses a Firearm Owner's | 15 | | Identification Card or a non-resident licensee if his or her | 16 | | home state has revoked a license to carry a firearm. This | 17 | | subsection shall not apply to a person who has filed an | 18 | | application with the State Police for renewal of a Firearm | 19 | | Owner's Identification Card and who is not otherwise ineligible | 20 | | to obtain a Firearm Owner's Identification Card.
| 21 | | (b) A license shall be suspended if an order of protection | 22 | | under Section 112A-14 of the Code of Criminal Procedure of 1963 | 23 | | or under Section 214 of the Illinois Domestic Violence Act of | 24 | | 1986 is issued against a licensee. The license shall be | 25 | | suspended for the duration of the order or until the order is |
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| 1 | | terminated by a court and the Department shall not reissue or | 2 | | renew a license for the duration of the order or until the | 3 | | order is terminated. If an order of protection is issued | 4 | | against a licensee, the licensee shall surrender the license, | 5 | | as applicable, to the court at the time the order is entered or | 6 | | to the law enforcement agency or entity designated to serve | 7 | | process at the time the licensee is served the order. The | 8 | | court, law enforcement agency, or entity responsible for | 9 | | serving the order shall transmit the license to the Department. | 10 | | (c) The Department may temporarily or permanently suspend a | 11 | | license for a violation of Section 70 of this Act in accordance | 12 | | with subsection (i) of Section 70. | 13 | | (d) A license shall be invalid upon expiration of the | 14 | | license, unless the licensee has submitted an application to | 15 | | renew the license. A person who fails to renew his or her | 16 | | application within 6 months after its expiration must reapply | 17 | | for a new license and pay the fee for a new application. | 18 | | (e) The Department may suspend a license if a licensee | 19 | | fails to submit a change of address or name or fails to report | 20 | | a lost or destroyed license to the Department within 30 days.
| 21 | | Section 45. Renewal of license.
| 22 | | (a) Not later than 120 days before the expiration of any | 23 | | license issued under this Act, the Department shall notify the | 24 | | licensee in writing of the expiration and furnish an | 25 | | application for renewal of the license or make such an |
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| 1 | | application available on-line. | 2 | | (b) Applications for renewal of a license shall be made | 3 | | directly to the Department. A license shall be renewed for a | 4 | | period of 5 years upon receipt of a completed renewal | 5 | | application and a $50 renewal fee. The renewal application | 6 | | shall contain the information required in Section 30, except | 7 | | that the applicant need not resubmit a full set of | 8 | | fingerprints. Each applicant for a renewal shall submit, on a | 9 | | form prescribed by the Department, proof that the applicant (i) | 10 | | has participated in at least one shooting competition with a | 11 | | handgun within 6 months of the application for renewal, (ii) | 12 | | has completed an equivalent range exercise as prescribed in | 13 | | Section 85 and attested to by any instructor qualified under | 14 | | this Act, a certified law enforcement instructor, or NRA | 15 | | certified instructor or (iii) has completed Firearms | 16 | | Instructor Training under Section 90. The Department shall make | 17 | | the range recertification form available on its website or as | 18 | | part of a renewal application.
| 19 | | Section 50. Change of address, change of name, or lost or | 20 | | destroyed licenses.
| 21 | | (a) The licensee shall notify the Department within 30 days | 22 | | of moving or changing a residence or any change of name, and | 23 | | upon the discovery of the loss or destruction of a license. | 24 | | (b) If a licensee changes residence within this State or | 25 | | changes his or her name, the licensee shall request a new |
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| 1 | | license. The licensee shall submit a $25 fee, a notarized | 2 | | statement that the licensee has changed residence or his or her | 3 | | name, and a photograph as required in Section 30 of this Act. | 4 | | The statement must include the prior and current address or | 5 | | name and the date the applicant moved or changed his or her | 6 | | name. | 7 | | (c) A lost or destroyed license shall be invalid. To | 8 | | request a new license, the licensee shall submit (i) a $25 fee, | 9 | | (ii) a notarized statement that the licensee no longer | 10 | | possesses the license and that it was lost or destroyed, (iii) | 11 | | a copy of a police report stating that the license was lost, | 12 | | destroyed, or stolen, and (iv) a photograph as required in | 13 | | Section 30 of this Act.
| 14 | | Section 65. Non-resident applications. A person from | 15 | | another state or territory of the United States may apply for a | 16 | | non-resident license. The applicant shall apply to the | 17 | | Department and must meet the qualifications established in | 18 | | Section 25. The applicant shall submit (i) the application and | 19 | | documentation required in Section 30; (ii) a notarized document | 20 | | stating the applicant (A) is eligible under federal law and the | 21 | | laws of his or her home state to own a firearm, (B) if | 22 | | applicable, has a license or permit to carry a firearm or | 23 | | concealed firearm issued by his or her home state and that a | 24 | | copy is attached to the application, (C) understands Illinois | 25 | | laws pertaining to the possession and transport of firearms, |
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| 1 | | and (D) acknowledges that the applicant is subject to the | 2 | | jurisdiction of the Department and Illinois courts for any | 3 | | violation of this Act; and (iii) a $100 application fee. In | 4 | | lieu of an Illinois State driver's license or identification | 5 | | card, he or she shall provide similar documentation from his or | 6 | | her state or territory. | 7 | | Section 70. Restrictions.
| 8 | | (a) No license issued under this Act shall authorize any | 9 | | person to knowingly carry a concealed firearm into: | 10 | | (i) Any building under the control of the Governor, | 11 | | Lieutenant Governor, Attorney General, Secretary of State, | 12 | | Comptroller, or Treasurer.
| 13 | | (ii) Any building under control of the General Assembly | 14 | | or any of its support service agencies, including the | 15 | | portion of a building in which a committee of the General | 16 | | Assembly convenes for the purpose of conducting meetings of | 17 | | committees, joint committees, or legislative commissions.
| 18 | | (iii) Any courthouse or building occupied in whole or | 19 | | in part by the Circuit, Appellate, or Supreme Court or a | 20 | | room designated as a courtroom for court proceedings by any | 21 | | of these courts. | 22 | | (iv) Any meeting of the governing body of a unit of | 23 | | local government or special district. | 24 | | (v) Any establishment licensed to dispense alcoholic | 25 | | beverages for consumption on the premises if less than 50% |
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| 1 | | of its annual gross income comes from the sale of food. | 2 | | (vi) Any area of an airport to which access is | 3 | | controlled by the inspection of persons and property. | 4 | | (vii) Any place where the carrying of a firearm is | 5 | | prohibited by federal law. | 6 | | (viii) Any elementary or secondary school without the | 7 | | consent of school authorities. School authorities shall | 8 | | inform the appropriate law enforcement agency and any law | 9 | | enforcement personnel on site of such consent. | 10 | | (ix) Any portion of a building used as a child care | 11 | | facility without the consent of the manager. Nothing in | 12 | | this Section shall prevent the operator of a child care | 13 | | facility in a family home from owning or possessing a | 14 | | firearm or license. | 15 | | (x) Any gaming facility licensed under the Riverboat | 16 | | Gambling Act or the Illinois Horse Racing Act of 1975. | 17 | | (xi) Any gated area of an amusement park. | 18 | | (xii) Any stadium, arena, or collegiate or | 19 | | professional sporting event. | 20 | | (xiii) A mental health facility. | 21 | | (xiv) Any community college, college, or university | 22 | | campus without consent of the school authorities. School | 23 | | authorities shall inform the appropriate law enforcement | 24 | | agency and any law enforcement personnel on site of such | 25 | | consent. | 26 | | (xv) A library without the written consent of the |
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| 1 | | library's governing body. The governing body shall inform | 2 | | the appropriate law enforcement agency of such consent.
| 3 | | (xvi) Any police, sheriff, or State Police office or | 4 | | station without the consent of the chief law enforcement | 5 | | officer in charge of that office or station. | 6 | | (xvii) Any adult or juvenile detention or correctional | 7 | | institution, prison, or jail. | 8 | | (b) A municipality or school district may prohibit or limit | 9 | | licensees from carrying a concealed firearm into or within any | 10 | | building owned, leased, or controlled by that municipality or | 11 | | school district by a majority vote of members of its governing | 12 | | board. A resolution or ordinance shall not prohibit a licensee | 13 | | from carrying a concealed firearm in any building used for | 14 | | public housing, on any sidewalk, on any highway or roadway, or | 15 | | in any public restroom. A resolution or ordinance shall not | 16 | | prohibit a licensee from carrying a concealed firearm in a | 17 | | public
transportation facility or while accessing the services | 18 | | of a public transportation agency. For
purposes of this | 19 | | Section, "public transportation facility" means a terminal or | 20 | | other place where
one may obtain public transportation. For | 21 | | purposes of this Section, "public transportation agency"
means | 22 | | a public or private agency that provides for the transportation | 23 | | or conveyance of persons by
means available to the general | 24 | | public, except for transportation by automobiles not used for
| 25 | | conveyance of the general public as passengers.
The resolution | 26 | | or ordinance may specify that persons violating the resolution |
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| 1 | | or ordinance may be denied entrance to the building and | 2 | | subjected to a civil fine of no more than $100 for any | 3 | | violation of the provisions of the resolution or ordinance. | 4 | | (c) The owner, business or commercial lessee, or manager of | 5 | | a private business enterprise, or any other private | 6 | | organization, entity, or person, may prohibit licensees from | 7 | | carrying a concealed firearm on the premises under its control. | 8 | | However, any owner shall allow for any lessee to carry or | 9 | | possess a concealed firearm in accordance with this Act in any | 10 | | part of a building or upon any property he or she leases.
| 11 | | (d) Any person licensed under this Act who is prohibited | 12 | | from carrying a concealed firearm into a building or on the | 13 | | premises as
specified in subsection (a) or designated in | 14 | | accordance with subsection (b) or (c) shall be permitted to | 15 | | store that
handgun or ammunition out of plain sight in a locked | 16 | | vehicle or in a locked compartment or container within his or | 17 | | her vehicle. A licensee
shall not be in violation of this | 18 | | Section while he or she is traveling along a public right of | 19 | | way that touches or crosses any of the premises specified in | 20 | | subsection (a) or designated under subsection (b) or (c) if the | 21 | | handgun is carried on his or her person in accordance with the | 22 | | provisions of this Act or is being transported in a vehicle by | 23 | | the licensee in accordance with all other applicable provisions | 24 | | of law. A licensee shall not be in violation of subsection (b) | 25 | | or (c) of this Section if
a building or premises designated | 26 | | under subsection (b) or (c) fails to post a sign. |
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| 1 | | (e) If a law enforcement officer initiates an investigative | 2 | | stop, including but not limited to a traffic stop, of a | 3 | | licensee who is carrying a concealed firearm, the licensee | 4 | | shall immediately disclose to the officer that he or she is in | 5 | | possession of a concealed firearm pursuant to this Act. | 6 | | (f) A licensee shall not carry a concealed firearm while | 7 | | under the influence of illegal drugs or hallucinogenic drugs or | 8 | | alcohol. For the purposes of this subsection (f), under the | 9 | | influence of alcohol means a blood alcohol content of .08 or | 10 | | greater. | 11 | | (g) Signs stating that the carrying of a concealed firearm | 12 | | is prohibited shall be clearly and conspicuously posted at | 13 | | every entrance
of a building or premises specified in | 14 | | subsection (a) or designated in accordance with subsection (b) | 15 | | or (c). The Department shall promulgate rules for standardized | 16 | | signs to be used under this subsection.
| 17 | | (h) A violation of subsection (a), (b), (c), (d), (e), or | 18 | | (f) is a Class B misdemeanor. A willful violation of subsection | 19 | | (a), (b), (c), (d), (e), or (f) is
a Class A misdemeanor. The | 20 | | court may require a licensee to pay a $150 fee, in addition to | 21 | | any other fees or court costs,
for a violation of subsection | 22 | | (e). | 23 | | (i) The Department may suspend a license for up to 90 days | 24 | | for a violation of subsection (a), (b), (c), (d), (e), or (f) | 25 | | or up to 180
days for a willful violation of subsection (a), | 26 | | (b), (c), (d), (e), or (f). The Department shall permanently |
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| 1 | | revoke a license for 3 or
more violations of this Section. | 2 | | Section 75. Immunity, employees, and agents. The office of | 3 | | the county sheriff, or any employee or agent of the county | 4 | | sheriff, or the Department of State Police shall not be liable | 5 | | for damages in any civil action arising from alleged wrongful | 6 | | or improper granting, renewing, or failure to revoke licenses | 7 | | issued under this Act, except for willful or wanton misconduct. | 8 | | The office of the county sheriff and any employees or agents | 9 | | shall not be liable for submitting specific or articulable | 10 | | reasons why an applicant should be denied a license, unless the | 11 | | objection contains false, malicious, or inaccurate information | 12 | | and the objection constituted willful and wanton misconduct. | 13 | | Section 80. Fees. | 14 | | (a) Fees collected under this Act by the Department and | 15 | | deposited into the Citizen Safety and Self-Defense Trust Fund | 16 | | shall be appropriated for administration of this Act. | 17 | | (b) Fees shall be: | 18 | | New license: $100. | 19 | | Renewal of license: $50. | 20 | | Duplicate license due to lost or destroyed: $25. | 21 | | Corrected license due to change of address or name: $25. | 22 | | Late renewal fee: $25. | 23 | | (c) By March 1 of each year, the Department shall submit a | 24 | | statistical report to the Governor, the President of the |
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| 1 | | Senate, and the Speaker of the House of Representatives | 2 | | indicating the number of licenses issued, revoked, suspended, | 3 | | denied, and issued after appeal since the last report and in | 4 | | total and also the number of licenses currently valid. The | 5 | | report shall also include the number of arrests and convictions | 6 | | and the types of crimes committed since the last report by | 7 | | licensees. | 8 | | (d) The Secretary of State shall conduct a study to | 9 | | determine the cost and feasibility of creating a method of | 10 | | adding an identifiable code, background, or other means to show | 11 | | that an individual has been issued a license by the Department | 12 | | on the person's driver's license. | 13 | | Section 85. 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 8 hours of | 17 | | instruction, covering at least the following topics: | 18 | | (i) handgun safety in the classroom, at home, on the | 19 | | firing range, or while carrying the firearm; | 20 | | (ii) the basic principles of marksmanship; | 21 | | (iii) care and cleaning of handguns; and | 22 | | (iv) by means of a videotape produced or approved by | 23 | | the Department: | 24 | | (A) the requirements for obtaining a license to | 25 | | carry a concealed firearm in this State; |
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| 1 | | (B) laws relating to firearms as prescribed in the | 2 | | Firearm Owners Identification Card Act, Article 24 of | 3 | | the Criminal Code of 1961, and 18 U.S.C. 921 through | 4 | | 930; and | 5 | | (C) laws relating to the justifiable use of force | 6 | | as prescribed in Article 7 of the Criminal Code of | 7 | | 1961. | 8 | | (v) live firing exercises of sufficient duration for | 9 | | each applicant to fire a handgun: | 10 | | (A) a minimum of 30 rounds; and | 11 | | (B) 20 rounds from a distance of 7 yards and 10 | 12 | | rounds from a distance of 15 yards at a B-21 silhouette | 13 | | or equivalent target as approved by the Department. | 14 | | (b) The classroom portion of the course may, at the | 15 | | qualified firearms instructor's discretion, be divided into | 16 | | segments of not less than 2 hours each. | 17 | | (c) Applicant training courses shall not be open to anyone | 18 | | under the age of 16 and no certificate of completion shall be | 19 | | issued to persons less than 20 years of age. | 20 | | (c-5) Instructors shall maintain all records for students' | 21 | | performance for not less than 5 years. | 22 | | (d) Qualified firearms instructors may only discuss the | 23 | | contents of the video or the statutory provisions listed in | 24 | | clauses (A), (B), and (C) of subparagraph (iv) of paragraph (a) | 25 | | to ensure the students comprehend the subject matter for | 26 | | preparation of the written exam. |
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| 1 | | (e) At the conclusion of the classroom portion of the | 2 | | applicant training course, the qualified firearms instructor | 3 | | shall: | 4 | | (1) distribute a standard course examination to the | 5 | | students; | 6 | | (2) not leave the room in which the examination is | 7 | | being held while the examination is in progress; | 8 | | (3) collect examination booklets and answer sheets | 9 | | from each student at the end of the examination period; and | 10 | | (4) not grade the examinations in the presence of | 11 | | students. | 12 | | (f) A person shall not: | 13 | | (1) make an unauthorized copy of the applicant training | 14 | | course examination, in whole or in part; | 15 | | (2) possess the applicant training course examination, | 16 | | or questions from the examination, unless authorized by the | 17 | | Department; or | 18 | | (3) divulge the contents of an applicant training | 19 | | course examination questions to another person. | 20 | | (g) Students shall provide their own safe, functional | 21 | | handgun and factory-loaded ammunition. | 22 | | (h) Grades of "passing" shall not be given on range work to | 23 | | an applicant who: | 24 | | (1) does not follow the orders of the certified
| 25 | | firearms instructor;
| 26 | | (2) in the judgment of the certified firearms |
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| 1 | | instructor, handles a firearm in a manner that poses a | 2 | | danger to the applicant or to others; or | 3 | | (3) during the testing portion of the range work fails | 4 | | to hit the silhouette portion of the target with 70% of the | 5 | | 30 rounds fired. | 6 | | (i) Certified firearms instructors shall: | 7 | | (1) allow monitoring of their classes by officials of | 8 | | any certifying agency; | 9 | | (2) make all course records available upon demand to | 10 | | authorized personnel of the Department; and | 11 | | (3) not divulge course records except as authorized by
| 12 | | the certifying agency.
| 13 | | (j) Fees for applicant training courses shall be set by the | 14 | | instructor.
| 15 | | (k) An applicant training course shall not have more than
| 16 | | 40 students in the classroom portion or more than 5 students
| 17 | | per range officer engaged in range firing.
| 18 | | (l) Within 3 business days after the completion of the
| 19 | | course, the certified firearms instructor shall:
| 20 | | (1) grade the examinations; and | 21 | | (2) issue to the student: | 22 | | (i) a certificate of successful course completion; | 23 | | nothing in this Section shall prevent the instructor | 24 | | from issuing the certificate on the same day as the | 25 | | course was completed; or | 26 | | (ii) notification that the applicant has failed |
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| 1 | | the written portion of the course, the live firing | 2 | | portion of the course, or both, and will not be issued | 3 | | a certificate of completion. | 4 | | (m) A student shall be issued a certificate of completion
| 5 | | if he or she:
| 6 | | (i) answers at least 70% of the written examination
| 7 | | questions correctly. The Department shall develop the | 8 | | written exam not to exceed 50 questions; and
| 9 | | (ii) achieves a grade of "passing" on the range work. | 10 | | (n)(1) Students who score below 70% on the written | 11 | | examination may retake the examination one time without having | 12 | | to retake the course. | 13 | | (2) Students who do not achieve a grade of "passing" on the | 14 | | range work may repeat the range work one time without having to | 15 | | retake the course. | 16 | | (o) The Department shall make materials for applicant | 17 | | training available to qualified instructors online through the | 18 | | Department's website or Internet. If the Department fails to | 19 | | have training materials available 90 days after the effective | 20 | | date of this Act, then the requirements of this Section shall | 21 | | be deemed to have been met by the applicant providing proof of | 22 | | passage of a National Rifle Association Basic Pistol Course. | 23 | | (p) For purposes of this Section, successful completion of | 24 | | Firearms Instructor Training under Section 90 shall meet the | 25 | | training requirements of this Section. |
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| 1 | | Section 90. Firearms instructors training. | 2 | | (a) Not later than 90 days after the effective date of this | 3 | | Act, the Department shall offer and teach courses to qualify | 4 | | instructors under this Section in each State Police District. | 5 | | Courses shall be available at least bi-monthly, or whenever 5 | 6 | | or more individuals request a class in any State Police | 7 | | District. However, nothing in this Section shall require a | 8 | | course to be held if there are no requests pending, and | 9 | | adjoining districts may combine classes in order to have at | 10 | | least 5 participants. | 11 | | (b) Persons who are not qualified firearms instructors | 12 | | shall not teach applicant training courses. | 13 | | (c) Persons who are not qualified firearms instructors | 14 | | shall not advertise or otherwise represent courses they teach | 15 | | as qualifying their students to meet the requirements to | 16 | | receive a license under this Act. | 17 | | (d) Persons who are not certified instructor trainers shall | 18 | | not teach instructor qualification courses. | 19 | | (e) Persons wishing to become qualified firearms | 20 | | instructors shall: | 21 | | (1) be at least 21 years of age; | 22 | | (2) be a citizen of the United States; and | 23 | | (3) meet the requirements of subsection (c) of Section | 24 | | 25. | 25 | | (f) Persons wishing to become instructor trainers, in | 26 | | addition to the requirements of subsection (e) of this Section, |
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| 1 | | shall: | 2 | | (1) possess a high school diploma or GED certificate; | 3 | | and | 4 | | (2) have at least one of the following valid firearms
| 5 | | instructor certifications:
| 6 | | (i) any National Rifle Association Instructor | 7 | | Certification; | 8 | | (ii) certification from a firearms instructor's | 9 | | course offered by a State or federal governmental | 10 | | agency; or | 11 | | (iii) a similar firearms instructor qualifying | 12 | | course, approved by the Director of State Police or his | 13 | | or her designee. | 14 | | (g)(1) Applicants shall agree to background checks. | 15 | | (2) An applicant may be disqualified from taking
firearms | 16 | | instructor training, or have his or her instructor | 17 | | qualification revoked, if the applicant:
| 18 | | (A) does not meet the requirements of this Act to | 19 | | possess a license; | 20 | | (B) provides false or misleading information on the | 21 | | application; or | 22 | | (C) has had a prior instructor qualification revoked by | 23 | | the Department or other issuing body. | 24 | | (h) The training course to certify firearms instructors and | 25 | | instructor trainers shall include: | 26 | | (1) Not more than 16 hours of instruction covering at |
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| 1 | | least the following topics by means of a videotape produced | 2 | | or approved by the Department: | 3 | | (A) the requirements for obtaining a license under | 4 | | this Act; | 5 | | (B) laws relating to firearms as contained in the | 6 | | Firearm Owners Identification Card Act, Article 24 of | 7 | | the Criminal Code of 1961, and 18 U.S.C. 921 through | 8 | | 930; | 9 | | (C) laws relating to the justifiable use of force | 10 | | as contained in Article 7 of the Criminal Code of 1961; | 11 | | (D) the conducting of applicant training courses; | 12 | | (E) record-keeping requirements of this Act; | 13 | | (F) the basic nomenclature of handguns; | 14 | | (G) the basic principles of marksmanship; and | 15 | | (H) the safe handling of handguns. | 16 | | (2) A classroom demonstration, during which the | 17 | | instructor candidate shall receive instruction on and | 18 | | demonstrate competency in the ability to prepare and | 19 | | deliver a classroom presentation using materials from the | 20 | | applicant curriculum. | 21 | | (3) Range instruction and firing of live ammunition, | 22 | | during which the instructor candidate shall receive | 23 | | instruction on and demonstrate competency in the ability | 24 | | to: | 25 | | (i) handle and fire a handgun safely and | 26 | | accurately; |
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| 1 | | (ii) conduct a function test and safety inspection | 2 | | of revolvers and pistols; | 3 | | (iii) clean revolvers and pistols; and | 4 | | (iv) supervise and conduct live firing exercises | 5 | | in a safe and efficient manner. | 6 | | (i) To qualify as a certified firearms instructor or | 7 | | instructor trainer, instructor candidates shall achieve: | 8 | | (1) a minimum score of 70% on a written examination | 9 | | covering the material taught during the classroom portion
| 10 | | of the course;
and | 11 | | (2) a minimum score of 70% on range firing of a handgun | 12 | | while aiming at a B-21 silhouette target or an equivalent | 13 | | as approved by the Department, with a minimum of: | 14 | | (i) twenty rounds from 7 yards; and | 15 | | (ii) ten rounds from 15 yards; and | 16 | | (iii) a score of "passing" from the course | 17 | | instructor for demonstrating competency in each of the | 18 | | following: | 19 | | (A) supervising and conducting live fire; | 20 | | (B) cleaning and inspecting handguns; and | 21 | | (C) preparing and delivering the classroom | 22 | | lecture. | 23 | | (j) Instructor candidates who fail to meet the minimum | 24 | | requirements of subsection (i) of this Section may retake the | 25 | | examination, range work, or classroom demonstration one time | 26 | | without having to repeat the course. |
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| 1 | | (k) Qualified firearms instructor and instructor trainer | 2 | | certificates shall be valid for 10 years from the date of | 3 | | issue. Qualified firearms instructors or instructor trainers | 4 | | may renew their certification by successfully completing a | 5 | | refresher course offered or approved by the Department. | 6 | | (l) The fees for instructor courses or refresher courses | 7 | | shall be $100 per student paid to the Department. Fees shall | 8 | | not be refunded to those who do not pass or otherwise fail to | 9 | | complete a course. | 10 | | (m) Course participants shall provide their own safe, | 11 | | functional handgun and factory-loaded ammunition. | 12 | | (n) Prior to conducting range firing, the course instructor | 13 | | shall: | 14 | | (i) inspect each applicant's firearm; and | 15 | | (ii) not allow the firing of a handgun which is not in | 16 | | sound mechanical condition or otherwise may pose a safety | 17 | | hazard. | 18 | | Section 95. Preemption. It is declared to be the policy of | 19 | | this State that it is an exclusive power and function of the | 20 | | State to regulate the possession and transportation of handguns | 21 | | and the issuance of licenses to carry a concealed firearm. | 22 | | Except as provided in subsection (b) of Section 70, a home rule | 23 | | unit shall not regulate the possession or transportation of | 24 | | handguns. A home rule unit shall not regulate the number of | 25 | | handguns or require registration of handguns possessed by a |
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| 1 | | person licensed under this Act. This Section is a denial of | 2 | | home rule powers and functions under subsection (i) of Section | 3 | | 6 of Article VII of the Illinois Constitution. | 4 | | Section 100. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes.
| 6 | | Section 900. The Freedom of Information Act is amended by | 7 | | changing Section 7.5 as follows: | 8 | | (5 ILCS 140/7.5) | 9 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be exempt | 11 | | from inspection and copying: | 12 | | (a) All information determined to be confidential under | 13 | | Section 4002 of the Technology Advancement and Development Act. | 14 | | (b) Library circulation and order records identifying | 15 | | library users with specific materials under the Library Records | 16 | | Confidentiality Act. | 17 | | (c) Applications, related documents, and medical records | 18 | | received by the Experimental Organ Transplantation Procedures | 19 | | Board and any and all documents or other records prepared by | 20 | | the Experimental Organ Transplantation Procedures Board or its | 21 | | staff relating to applications it has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating to |
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| 1 | | known or suspected cases of sexually transmissible disease or | 2 | | any information the disclosure of which is restricted under the | 3 | | Illinois Sexually Transmissible Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted under | 5 | | Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of the | 7 | | Architectural, Engineering, and Land Surveying Qualifications | 8 | | Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted and | 10 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 11 | | (h) Information the disclosure of which is exempted under | 12 | | the State Officials and Employees Ethics Act, and records of | 13 | | any lawfully created State or local inspector general's office | 14 | | that would be exempt if created or obtained by an Executive | 15 | | Inspector General's office under that Act. | 16 | | (i) Information contained in a local emergency energy plan | 17 | | submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under Section | 19 | | 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution of | 21 | | surcharge moneys collected and remitted by wireless carriers | 22 | | under the Wireless Emergency Telephone Safety Act. | 23 | | (k) Law enforcement officer identification information or | 24 | | driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation under | 26 | | Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death review | 3 | | team or the Executive Council under the Abuse Prevention Review | 4 | | Team Act. | 5 | | (m) Information provided to the predatory lending database | 6 | | created pursuant to Article 3 of the Residential Real Property | 7 | | Disclosure Act, except to the extent authorized under that | 8 | | Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial counsel as | 11 | | provided under Sections 10 and 15 of the Capital Crimes | 12 | | Litigation Act. This subsection (n) shall apply until the | 13 | | conclusion of the trial of the case, even if the prosecution | 14 | | chooses not to pursue the death penalty prior to trial or | 15 | | sentencing. | 16 | | (o) Information that is prohibited from being disclosed | 17 | | under Section 4 of the Illinois Health and Hazardous Substances | 18 | | Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of the | 23 | | Regional Transportation Authority Act or the St. Clair County | 24 | | Transit District under the Bi-State Transit Safety Act. | 25 | | (q) Information prohibited from being disclosed by the | 26 | | Personnel Records Review Act. |
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| 1 | | (r) Information prohibited from being disclosed by the | 2 | | Illinois School Student Records Act. | 3 | | (s) Information the disclosure of which is restricted under | 4 | | Section 5-108 of the Public Utilities Act.
| 5 | | (t) All identified or deidentified health information in | 6 | | the form of health data or medical records contained in, stored | 7 | | in, submitted to, transferred by, or released from the Illinois | 8 | | Health Information Exchange, and identified or deidentified | 9 | | health information in the form of health data and medical | 10 | | records of the Illinois Health Information Exchange in the | 11 | | possession of the Illinois Health Information Exchange | 12 | | Authority due to its administration of the Illinois Health | 13 | | Information Exchange. The terms "identified" and | 14 | | "deidentified" shall be given the same meaning as in the Health | 15 | | Insurance Accountability and Portability Act of 1996, Public | 16 | | Law 104-191, or any subsequent amendments thereto, and any | 17 | | regulations promulgated thereunder. | 18 | | (u) (t) Records and information provided to an independent | 19 | | team of experts under Brian's Law. | 20 | | (v) Information maintained by the Department of State | 21 | | Police in accordance with subsection (a) of Section 35 of the | 22 | | Family and Personal Protection Act, except as authorized by | 23 | | that Act. | 24 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 25 | | 96-1331, eff. 7-27-10; revised 9-2-10.) |
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| 1 | | Section 905. The State Finance Act is amended by adding | 2 | | Section 5.786 as follows: | 3 | | (30 ILCS 105/5.786 new) | 4 | | Sec. 5.786. The Citizen Safety and Self-Defense Trust Fund. | 5 | | Section 910. The Criminal Code of 1961 is amended by | 6 | | changing Sections 21-6 and 24-2 as follows:
| 7 | | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| 8 | | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| 9 | | (a) Whoever possesses or stores any weapon enumerated in | 10 | | Section 33A-1
in any building or on land supported in whole or | 11 | | in part with public
funds or in any building on such land | 12 | | without
prior written permission from the chief security | 13 | | officer for such land or
building commits a Class A | 14 | | misdemeanor.
| 15 | | (b) The chief security officer must grant any reasonable | 16 | | request for
permission under paragraph (a). | 17 | | (c) This Section shall not apply to a person acting | 18 | | lawfully under the Family and Personal Protection Act.
| 19 | | (Source: P.A. 89-685, eff. 6-1-97.)
| 20 | | (720 ILCS 5/24-2)
| 21 | | Sec. 24-2. Exemptions.
| 22 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
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| 1 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 2 | | the following:
| 3 | | (1) Peace officers, and any person summoned by a peace | 4 | | officer to
assist in making arrests or preserving the | 5 | | peace, while actually engaged in
assisting such officer.
| 6 | | (2) Wardens, superintendents and keepers of prisons,
| 7 | | penitentiaries, jails and other institutions for the | 8 | | detention of persons
accused or convicted of an offense, | 9 | | while in the performance of their
official duty, or while | 10 | | commuting between their homes and places of employment.
| 11 | | (3) Members of the Armed Services or Reserve Forces of | 12 | | the United States
or the Illinois National Guard or the | 13 | | Reserve Officers Training Corps,
while in the performance | 14 | | of their official duty.
| 15 | | (4) Special agents employed by a railroad or a public | 16 | | utility to
perform police functions, and guards of armored | 17 | | car companies, while
actually engaged in the performance of | 18 | | the duties of their employment or
commuting between their | 19 | | homes and places of employment; and watchmen
while actually | 20 | | engaged in the performance of the duties of their | 21 | | employment.
| 22 | | (5) Persons licensed as private security contractors, | 23 | | private
detectives, or private alarm contractors, or | 24 | | employed by an agency
certified by the Department of | 25 | | Professional Regulation, if their duties
include the | 26 | | carrying of a weapon under the provisions of the Private
|
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| 1 | | Detective, Private Alarm,
Private Security, Fingerprint | 2 | | Vendor, and Locksmith Act of 2004,
while actually
engaged | 3 | | in the performance of the duties of their employment or | 4 | | commuting
between their homes and places of employment, | 5 | | provided that such commuting
is accomplished within one | 6 | | hour from departure from home or place of
employment, as | 7 | | the case may be. Persons exempted under this subdivision
| 8 | | (a)(5) shall be required to have completed a course of
| 9 | | study in firearms handling and training approved and | 10 | | supervised by the
Department of Professional Regulation as | 11 | | prescribed by Section 28 of the
Private Detective, Private | 12 | | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 13 | | Act of 2004, prior
to becoming eligible for this exemption. | 14 | | The Department of Professional
Regulation shall provide | 15 | | suitable documentation demonstrating the
successful | 16 | | completion of the prescribed firearms training. Such
| 17 | | documentation shall be carried at all times when such | 18 | | persons are in
possession of a concealable weapon.
| 19 | | (6) Any person regularly employed in a commercial or | 20 | | industrial
operation as a security guard for the protection | 21 | | of persons employed
and private property related to such | 22 | | commercial or industrial
operation, while actually engaged | 23 | | in the performance of his or her
duty or traveling between | 24 | | sites or properties belonging to the
employer, and who, as | 25 | | a security guard, is a member of a security force of
at | 26 | | least 5 persons registered with the Department of |
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| 1 | | Professional
Regulation; provided that such security guard | 2 | | has successfully completed a
course of study, approved by | 3 | | and supervised by the Department of
Professional | 4 | | Regulation, consisting of not less than 40 hours of | 5 | | training
that includes the theory of law enforcement, | 6 | | liability for acts, and the
handling of weapons. A person | 7 | | shall be considered eligible for this
exemption if he or | 8 | | she has completed the required 20
hours of training for a | 9 | | security officer and 20 hours of required firearm
training, | 10 | | and has been issued a firearm control card by
the | 11 | | Department of Professional Regulation. Conditions for the | 12 | | renewal of
firearm control cards issued under the | 13 | | provisions of this Section
shall be the same as for those | 14 | | cards issued under the provisions of the
Private Detective, | 15 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 16 | | Locksmith Act of 2004. Such
firearm control card shall be | 17 | | carried by the security guard at all
times when he or she | 18 | | is in possession of a concealable weapon.
| 19 | | (7) Agents and investigators of the Illinois | 20 | | Legislative Investigating
Commission authorized by the | 21 | | Commission to carry the weapons specified in
subsections | 22 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 23 | | any investigation for the Commission.
| 24 | | (8) Persons employed by a financial institution for the | 25 | | protection of
other employees and property related to such | 26 | | financial institution, while
actually engaged in the |
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| 1 | | performance of their duties, commuting between
their homes | 2 | | and places of employment, or traveling between sites or
| 3 | | properties owned or operated by such financial | 4 | | institution, provided that
any person so employed has | 5 | | successfully completed a course of study,
approved by and | 6 | | supervised by the Department of Professional Regulation,
| 7 | | consisting of not less than 40 hours of training which | 8 | | includes theory of
law enforcement, liability for acts, and | 9 | | the handling of weapons.
A person shall be considered to be | 10 | | eligible for this exemption if he or
she has completed the | 11 | | required 20 hours of training for a security officer
and 20 | 12 | | hours of required firearm training, and has been issued a
| 13 | | firearm control card by the Department of Professional | 14 | | Regulation.
Conditions for renewal of firearm control | 15 | | cards issued under the
provisions of this Section shall be | 16 | | the same as for those issued under the
provisions of the | 17 | | Private Detective, Private Alarm,
Private Security, | 18 | | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 19 | | control card shall be carried by the person so
trained at | 20 | | all times when such person is in possession of a | 21 | | concealable
weapon. For purposes of this subsection, | 22 | | "financial institution" means a
bank, savings and loan | 23 | | association, credit union or company providing
armored car | 24 | | services.
| 25 | | (9) Any person employed by an armored car company to | 26 | | drive an armored
car, while actually engaged in the |
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| 1 | | performance of his duties.
| 2 | | (10) Persons who have been classified as peace officers | 3 | | pursuant
to the Peace Officer Fire Investigation Act.
| 4 | | (11) Investigators of the Office of the State's | 5 | | Attorneys Appellate
Prosecutor authorized by the board of | 6 | | governors of the Office of the
State's Attorneys Appellate | 7 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 8 | | State's Attorneys Appellate Prosecutor's Act.
| 9 | | (12) Special investigators appointed by a State's | 10 | | Attorney under
Section 3-9005 of the Counties Code.
| 11 | | (12.5) Probation officers while in the performance of | 12 | | their duties, or
while commuting between their homes, | 13 | | places of employment or specific locations
that are part of | 14 | | their assigned duties, with the consent of the chief judge | 15 | | of
the circuit for which they are employed.
| 16 | | (13) Court Security Officers while in the performance | 17 | | of their official
duties, or while commuting between their | 18 | | homes and places of employment, with
the
consent of the | 19 | | Sheriff.
| 20 | | (13.5) A person employed as an armed security guard at | 21 | | a nuclear energy,
storage, weapons or development site or | 22 | | facility regulated by the Nuclear
Regulatory Commission | 23 | | who has completed the background screening and training
| 24 | | mandated by the rules and regulations of the Nuclear | 25 | | Regulatory Commission.
| 26 | | (14) Manufacture, transportation, or sale of weapons |
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| 1 | | to
persons
authorized under subdivisions (1) through | 2 | | (13.5) of this
subsection
to
possess those weapons.
| 3 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 4 | | 24-1.6 do not
apply to or affect
any of the following:
| 5 | | (1) Members of any club or organization organized for | 6 | | the purpose of
practicing shooting at targets upon | 7 | | established target ranges, whether
public or private, and | 8 | | patrons of such ranges, while such members
or patrons are | 9 | | using their firearms on those target ranges.
| 10 | | (2) Duly authorized military or civil organizations | 11 | | while parading,
with the special permission of the | 12 | | Governor.
| 13 | | (3) Hunters, trappers or fishermen with a license or
| 14 | | permit while engaged in hunting,
trapping or fishing.
| 15 | | (4) Transportation of weapons that are broken down in a
| 16 | | non-functioning state or are not immediately accessible.
| 17 | | (5) Carrying or possessing any pistol, revolver, stun | 18 | | gun or taser or other firearm on the land or in the legal | 19 | | dwelling of another person as an invitee with that person's | 20 | | permission. | 21 | | (6) A licensee under the Family and Personal Protection | 22 | | Act, notwithstanding Section 70 of that Act, if the | 23 | | licensee meets the requirements of the Family and Personal | 24 | | Protection Act. | 25 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 26 | | of the
following:
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| 1 | | (1) Peace officers while in performance of their | 2 | | official duties.
| 3 | | (2) Wardens, superintendents and keepers of prisons, | 4 | | penitentiaries,
jails and other institutions for the | 5 | | detention of persons accused or
convicted of an offense.
| 6 | | (3) Members of the Armed Services or Reserve Forces of | 7 | | the United States
or the Illinois National Guard, while in | 8 | | the performance of their official
duty.
| 9 | | (4) Manufacture, transportation, or sale of machine | 10 | | guns to persons
authorized under subdivisions (1) through | 11 | | (3) of this subsection to
possess machine guns, if the | 12 | | machine guns are broken down in a
non-functioning state or | 13 | | are not immediately accessible.
| 14 | | (5) Persons licensed under federal law to manufacture | 15 | | any weapon from
which 8 or more shots or bullets can be | 16 | | discharged by a
single function of the firing device, or | 17 | | ammunition for such weapons, and
actually engaged in the | 18 | | business of manufacturing such weapons or
ammunition, but | 19 | | only with respect to activities which are within the lawful
| 20 | | scope of such business, such as the manufacture, | 21 | | transportation, or testing
of such weapons or ammunition. | 22 | | This exemption does not authorize the
general private | 23 | | possession of any weapon from which 8 or more
shots or | 24 | | bullets can be discharged by a single function of the | 25 | | firing
device, but only such possession and activities as | 26 | | are within the lawful
scope of a licensed manufacturing |
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| 1 | | business described in this paragraph.
| 2 | | During transportation, such weapons shall be broken | 3 | | down in a
non-functioning state or not immediately | 4 | | accessible.
| 5 | | (6) The manufacture, transport, testing, delivery, | 6 | | transfer or sale,
and all lawful commercial or experimental | 7 | | activities necessary thereto, of
rifles, shotguns, and | 8 | | weapons made from rifles or shotguns,
or ammunition for | 9 | | such rifles, shotguns or weapons, where engaged in
by a | 10 | | person operating as a contractor or subcontractor pursuant | 11 | | to a
contract or subcontract for the development and supply | 12 | | of such rifles,
shotguns, weapons or ammunition to the | 13 | | United States government or any
branch of the Armed Forces | 14 | | of the United States, when such activities are
necessary | 15 | | and incident to fulfilling the terms of such contract.
| 16 | | The exemption granted under this subdivision (c)(6)
| 17 | | shall also apply to any authorized agent of any such | 18 | | contractor or
subcontractor who is operating within the | 19 | | scope of his employment, where
such activities involving | 20 | | such weapon, weapons or ammunition are necessary
and | 21 | | incident to fulfilling the terms of such contract.
| 22 | | During transportation, any such weapon shall be broken | 23 | | down in a
non-functioning state, or not immediately | 24 | | accessible.
| 25 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 26 | | possession
or carrying of a black-jack or slung-shot by a peace |
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| 1 | | officer.
| 2 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 3 | | manager or
authorized employee of any place specified in that | 4 | | subsection nor to any
law enforcement officer or a licensee | 5 | | under the Family and Personal Protection Act, notwithstanding | 6 | | Section 70 of that Act .
| 7 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 8 | | Section 24-1.6
do not apply
to members of any club or | 9 | | organization organized for the purpose of practicing
shooting | 10 | | at targets upon established target ranges, whether public or | 11 | | private,
while using their firearms on those target ranges.
| 12 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 13 | | to:
| 14 | | (1) Members of the Armed Services or Reserve Forces of | 15 | | the United
States or the Illinois National Guard, while in | 16 | | the performance of their
official duty.
| 17 | | (2) Bonafide collectors of antique or surplus military | 18 | | ordinance.
| 19 | | (3) Laboratories having a department of forensic | 20 | | ballistics, or
specializing in the development of | 21 | | ammunition or explosive ordinance.
| 22 | | (4) Commerce, preparation, assembly or possession of | 23 | | explosive
bullets by manufacturers of ammunition licensed | 24 | | by the federal government,
in connection with the supply of | 25 | | those organizations and persons exempted
by subdivision | 26 | | (g)(1) of this Section, or like organizations and persons
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| 1 | | outside this State, or the transportation of explosive | 2 | | bullets to any
organization or person exempted in this | 3 | | Section by a common carrier or by a
vehicle owned or leased | 4 | | by an exempted manufacturer.
| 5 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 6 | | persons licensed
under federal law to manufacture any device or | 7 | | attachment of any kind designed,
used, or intended for use in | 8 | | silencing the report of any firearm, firearms, or
ammunition
| 9 | | for those firearms equipped with those devices, and actually | 10 | | engaged in the
business of manufacturing those devices, | 11 | | firearms, or ammunition, but only with
respect to
activities | 12 | | that are within the lawful scope of that business, such as the
| 13 | | manufacture, transportation, or testing of those devices, | 14 | | firearms, or
ammunition. This
exemption does not authorize the | 15 | | general private possession of any device or
attachment of any | 16 | | kind designed, used, or intended for use in silencing the
| 17 | | report of any firearm, but only such possession and activities | 18 | | as are within
the
lawful scope of a licensed manufacturing | 19 | | business described in this subsection
(g-5). During | 20 | | transportation, those devices shall be detached from any weapon
| 21 | | or
not immediately accessible.
| 22 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 23 | | 24-1.6 do not apply to
or affect any parole agent or parole | 24 | | supervisor who meets the qualifications and conditions | 25 | | prescribed in Section 3-14-1.5 of the Unified Code of | 26 | | Corrections. |
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| 1 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 2 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 3 | | athlete's possession, transport on official Olympic and | 4 | | Paralympic transit systems established for athletes, or use of | 5 | | competition firearms sanctioned by the International Olympic | 6 | | Committee, the International Paralympic Committee, the | 7 | | International Shooting Sport Federation, or USA Shooting in | 8 | | connection with such athlete's training for and participation | 9 | | in shooting competitions at the 2016 Olympic and Paralympic | 10 | | Games and sanctioned test events leading up to the 2016 Olympic | 11 | | and Paralympic Games. | 12 | | (h) An information or indictment based upon a violation of | 13 | | any
subsection of this Article need not negative any exemptions | 14 | | contained in
this Article. The defendant shall have the burden | 15 | | of proving such an
exemption.
| 16 | | (i) Nothing in this Article shall prohibit, apply to, or | 17 | | affect
the transportation, carrying, or possession, of any | 18 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 19 | | to a common carrier operating
under license of the State of | 20 | | Illinois or the federal government, where
such transportation, | 21 | | carrying, or possession is incident to the lawful
| 22 | | transportation in which such common carrier is engaged; and | 23 | | nothing in this
Article shall prohibit, apply to, or affect the | 24 | | transportation, carrying,
or possession of any pistol, | 25 | | revolver, stun gun, taser, or other firearm,
not the subject of | 26 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
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| 1 | | this Article, which is unloaded and enclosed in a case, firearm
| 2 | | carrying box, shipping box, or other container, by the | 3 | | possessor of a valid
Firearm Owners Identification Card.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 5 | | 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | 6 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law. |
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