Full Text of SB1963 97th General Assembly
SB1963 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1963 Introduced 2/10/2011, by Sen. Dale E. Risinger SYNOPSIS AS INTRODUCED: |
| | Creates the Concealed Carry Permit Pilot Program Act. Establishes a 2 year pilot program based in the City of Peoria that allows the City to issue a permit to a resident of Peoria, who meets the qualifications provided in this Act, authorizing the resident to carry a concealed handgun within the boundaries of the City of Peoria. Amends the Criminal Code of 1961 to make conforming changes. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 | 5 | | Concealed Carry Permit Pilot Program Act. | 6 | | Section 5. Concealed Carry Permit Pilot Program; general | 7 | | provisions. | 8 | | (a) Purpose. The purposes of this Act are: | 9 | | (1) To establish a 2 year pilot program based in the | 10 | | City of Peoria that allows the City to issue a permit to a | 11 | | resident of Peoria, who meets the qualifications provided | 12 | | in this Act, authorizing the resident to carry a concealed | 13 | | handgun within the boundaries of the City of Peoria; | 14 | | (2) To gather data on operation of the pilot program; | 15 | | and | 16 | | (3) To gather data on the crime rate within the City of | 17 | | Peoria before and during the period the concealed carry | 18 | | pilot program is in operation. | 19 | | (b) Structure. | 20 | | (1) There is established a pilot program based in the | 21 | | City of Peoria, known as the Concealed Carry Pilot Program | 22 | | or Pilot Program, to authorize the City of Peoria to issue | 23 | | a permit to a resident of Peoria, who meets the |
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| 1 | | qualifications provided in this Act, authorizing the | 2 | | resident to carry a concealed handgun within the boundaries | 3 | | of the City of Peoria. | 4 | | (2) The Pilot Program shall be administered by the City | 5 | | of Peoria in accordance with the provisions of this Act. | 6 | | Section 10. Definitions. As used in this Act: | 7 | | "CCPD" means the Concealed Carry Program Director. | 8 | | "City" means the City of Peoria unit of local government in | 9 | | Peoria, Illinois. | 10 | | "Concealed Carry Permit Director" means the city official | 11 | | or city department designated through a city ordinance to | 12 | | administer the Pilot Program and to issue the concealed carry | 13 | | permits under the provisions of this Act. | 14 | | "Concealed firearm" means a handgun carried on or about a | 15 | | person completely or mostly concealed from view of the public, | 16 | | or carried in a vehicle in such a way as it is concealed from | 17 | | view of the public. | 18 | | "Handgun" has the meaning ascribed to it in paragraph (h) | 19 | | of subsection (A) of Section 24-3 of the Criminal Code of 1961. | 20 | | "Permit" means a permit to carry a concealed firearm issued | 21 | | by the Concealed Carry Permit Director. | 22 | | "Permittee" means a person who is issued a permit to carry | 23 | | a concealed firearm by the Concealed Carry Permit Director.
| 24 | | "Resident" means a person who maintains his or her domicile | 25 | | within the boundaries of the City of Peoria and has resided |
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| 1 | | there for at least one year. | 2 | | Section 15. Pilot Program authority. The City of Peoria may | 3 | | conduct a concealed firearm permit pilot program, pursuant to | 4 | | the provisions of this Act, within the City of Peoria | 5 | | commencing 120 days after the effective date of this Act and | 6 | | ending January 1, 2014. The City must authorize, by ordinance, | 7 | | a city official or city department to administer the pilot | 8 | | program and to issue the concealed carry permits pursuant to | 9 | | the provisions of this Act, to be known as the Concealed Carry | 10 | | Permit Director, hereinafter referred to as the "CCPD". | 11 | | Section 20. Permit for concealed firearms. The Concealed | 12 | | Carry Permit Director is authorized to issue permits to carry | 13 | | concealed firearms to residents qualified as provided in this | 14 | | Act. Permits to carry concealed firearms shall be valid | 15 | | throughout the City of Peoria until January 1, 2014. Any | 16 | | resident in compliance with the terms of the permit may carry | 17 | | concealed firearms on or about his or her person. The permittee | 18 | | shall carry the permit at all times the permittee is carrying a | 19 | | concealed firearm and shall display the permit upon the request | 20 | | of a law enforcement officer. | 21 | | Section 25. Application for permit and qualifications of | 22 | | applicants. | 23 | | (a) A resident applying for a permit shall obtain the |
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| 1 | | application from the CCPD. The completed application and all | 2 | | accompanying material plus the application fee shall be | 3 | | presented to the CCPD. | 4 | | The CCPD shall evaluate the application and accompanying | 5 | | material, and within 30 days, the CCPD shall either issue or | 6 | | deny the permit. | 7 | | (b) The CCPD, upon a resident's application for a concealed | 8 | | firearms permit, upon receipt of the appropriate fees, and | 9 | | after compliance with the procedures set out in this Section, | 10 | | shall issue the applicant a concealed firearms permit if the | 11 | | person: | 12 | | (i) is at least 21 years of age; | 13 | | (ii) resides within the City of Peoria and has been a | 14 | | resident for the last 12 months and is a permanent resident | 15 | | of the United States; | 16 | | (iii) has a valid Firearm Owner's Identification Card; | 17 | | (iv) Has not been convicted of a crime punishable by | 18 | | imprisonment for a term exceeding one year, or of a | 19 | | misdemeanor evidencing violence, is not free on any form of | 20 | | bond or pretrial release for a felony or a misdemeanor | 21 | | evidencing violence, and has no outstanding warrants for | 22 | | those crimes; | 23 | | (v) Has no record of mental disease or mental illness | 24 | | on file that would evidence incapacity, or lack of proper | 25 | | mental capacity; | 26 | | (vi) Has not been committed to a state or federal |
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| 1 | | facility for the abuse of a controlled substance, | 2 | | methamphetamine, or cannabis and has not been convicted of | 3 | | a misdemeanor violation of the Illinois Controlled | 4 | | Substances Act or Cannabis Control Act or similar laws of | 5 | | any other state relating to controlled substances or | 6 | | cannabis within a 10 year period immediately preceding the | 7 | | date on which the application is submitted; and | 8 | | (vii) Does not chronically and habitually use | 9 | | alcoholic beverages as evidenced by the applicant having 2 | 10 | | or more convictions for violating Section 11-501 of the | 11 | | Illinois Vehicle Code or a similar provision of a local | 12 | | ordinance within 5 years preceding his or her application | 13 | | or the applicant having elected treatment under the | 14 | | supervision of a licensed program in accordance with the | 15 | | Alcoholism and Other Drug Abuse and Dependency Act or | 16 | | similar laws of any other state within a 5 year period | 17 | | immediately preceding the date on which the application is | 18 | | submitted.
| 19 | | Section 30. Contents of application. The application shall | 20 | | be in writing, under oath and under the penalties of perjury, | 21 | | on a form promulgated by the CCPD and shall be accompanied by | 22 | | the appropriate fees and required documentation. The | 23 | | application shall contain or require the following | 24 | | information: | 25 | | (i) the applicant's name, address, gender, race, date |
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| 1 | | and place of birth, and driver license or State | 2 | | identification card number; | 3 | | (ii) an affirmation that the applicant is at least 21 | 4 | | years of age and that the applicant possesses a currently | 5 | | valid Illinois Firearm Owner's Identification Card, | 6 | | together with the card number and a photocopy of the | 7 | | Firearm Owner's Identification Card; | 8 | | (iii) a full set of legible fingerprints of the | 9 | | applicant taken by any federal, State, county or municipal | 10 | | law enforcement agency. Any cost of fingerprinting shall be | 11 | | paid by the applicant; | 12 | | (iv) a head and shoulder color photograph taken within | 13 | | 30 days preceding the date on which the application is | 14 | | submitted; | 15 | | (v) questions to certify or demonstrate that the | 16 | | applicant has completed the firearms and deadly use of | 17 | | force training and education prerequisites specified under | 18 | | this Act and a photocopy of a certificate or other evidence | 19 | | of completion of a course to show compliance; | 20 | | (vi) a statement that the applicant is a resident of | 21 | | the City of Peoria and has been a resident for the last 12 | 22 | | months and is a permanent resident of the United States; | 23 | | (vii) a waiver of privacy and confidentiality rights | 24 | | and privileges enjoyed by the applicant under all federal | 25 | | and state laws governing justice, psychological, or | 26 | | psychiatric records, or access to records relating to the |
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| 1 | | applicant's history of juvenile court, or criminal | 2 | | institutionalization, and an affirmative request that any | 3 | | person having custody of any such record provide it or | 4 | | information concerning it to the CCPD; | 5 | | (viii) an affirmation that the applicant has never been | 6 | | convicted of any felony or of a misdemeanor involving the | 7 | | use or threat of physical force or violence to any person; | 8 | | and has never been adjudicated a delinquent minor for an | 9 | | offense which, had he or she been tried as an adult, would | 10 | | have been such a felony or misdemeanor. The application | 11 | | shall also contain the following statement along with a | 12 | | signature line for use by the applicant, which statement | 13 | | the applicant shall affirm under oath: "I, the undersigned, | 14 | | state, under oath and subject to the penalty of perjury, | 15 | | that I am not a streetgang member as defined in Section 10 | 16 | | of the Illinois Streetgang Terrorism Omnibus Prevention | 17 | | Act, and I will not join or become associated with a | 18 | | criminal streetgang."; and | 19 | | (ix) a conspicuous warning that false statements made | 20 | | by the applicant will result in prosecution for perjury in | 21 | | accordance with Section 32-2 of the Criminal Code of 1961.
| 22 | | Section 35. Fees. Fees collected under this Act shall be | 23 | | used exclusively by the CCPD and the City for administrating | 24 | | the provisions of this Act. | 25 | | The City shall establish the fees provided for in this Act |
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| 1 | | in an amount sufficient to cover the cost of administering the | 2 | | pilot program but not to exceed: | 3 | | $100 for a permit. | 4 | | $25 for a duplicate of a lost or destroyed permit. | 5 | | $25 for a corrected permit due to change of address or | 6 | | name. | 7 | | Section 40. Approval of application. | 8 | | (a) If the CCPD finds that the applicant possesses a valid | 9 | | Firearm Owner's Identification Card, meets the training | 10 | | requirements of this Act, and has provided the documentation | 11 | | and paid the fees required for issuance of a concealed firearms | 12 | | permit, and that, as nearly as it is possible to determine, | 13 | | nothing in the applicant's background or present circumstances | 14 | | disqualify him or her from possessing a firearm in Illinois, | 15 | | the CCPD shall approve the application and issue the applicant | 16 | | a wallet sized permit bearing the photograph, name, and address | 17 | | of the applicant within 30 days. | 18 | | (b) The CCPD may consider an objection or recommendation | 19 | | made by the sheriff, State Police, or municipal police | 20 | | department supported by specific and articulable reasons, in a | 21 | | written report, why the applicant should be denied a permit and | 22 | | may deny the permit based solely on those objections. If the | 23 | | objection contains false, malicious or inaccurate information, | 24 | | the sheriff, State Police, or municipal police department | 25 | | filing the objection shall bear all of the applicant's costs if |
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| 1 | | the applicant prevails in an appeal. | 2 | | (c) If the applicant is found to be ineligible, the CCPD | 3 | | shall deny the application, and notify the applicant in | 4 | | writing, stating the grounds for denial and informing the | 5 | | applicant of the right to submit, within 30 days, any | 6 | | additional documentation relating to the grounds of the denial. | 7 | | Upon receiving any additional documentation, the CCPD shall | 8 | | reconsider his or her decision and inform the applicant within | 9 | | 30 days of the result of the reconsideration. Since this is a | 10 | | pilot program, the applicant shall not have the right to appeal | 11 | | the denial in the circuit court of his or her place of | 12 | | residence.
| 13 | | Section 45. Revocation or suspension of a permit. A permit | 14 | | issued under Section 40 shall be revoked if the permit holder | 15 | | becomes ineligible to be issued a permit under the criteria set | 16 | | forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or (vii) | 17 | | of Section 30 or subsection (b) of Section 40 of this Act. | 18 | | When an order of protection is issued under Section 112A-14 | 19 | | of the Code of Criminal Procedure of 1963 or under Section 214 | 20 | | of the Illinois Domestic Violence Act of 1986 against a person | 21 | | holding a permit issued under this Act, the holder of the | 22 | | permit shall surrender the permit to the court or to the | 23 | | officer serving the order. The officer to whom the permit is | 24 | | surrendered shall forthwith transmit the permit to the court | 25 | | issuing the order. The permit shall be suspended until the |
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| 1 | | order is terminated. | 2 | | Section 50. Change of address, change of name, and lost or | 3 | | destroyed permits. | 4 | |
(a) Within 30 days after changing his or her permanent | 5 | | residence within the City of Peoria, and within 30 days after | 6 | | loss or destruction of a concealed firearms permit, the | 7 | | permittee shall notify the CCPD of the loss, destruction, | 8 | | change of name, or change of residence. Failure to notify the | 9 | | CCPD shall constitute a noncriminal violation with a penalty of | 10 | | $25 payable to the CCPD. | 11 | | (b) If a person issued a permit to carry a concealed | 12 | | firearm changes residence within the City of Peoria, or changes | 13 | | his or her name, the person to whom the permit was issued may, | 14 | | upon payment of $25 and presentation of their current permit to | 15 | | the CCPD, obtain a corrected concealed firearms permit with a | 16 | | change of address or change of name upon furnishing a notarized | 17 | | statement to the CCPD that the permittee has changed residence | 18 | | or his or her name, and upon submission of an application as | 19 | | set forth in paragraph (i) of Section 30 and a photograph as | 20 | | set forth in paragraph (iv) of Section 30. A concealed firearms | 21 | | permit shall be automatically invalid after 30 days if the | 22 | | permittee has not notified the CCPD of a change of residence | 23 | | within the city. A permit corrected under this subsection shall | 24 | | be issued in 48 hours. | 25 | | (c) If a permit to carry a concealed firearm is lost or |
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| 1 | | destroyed, the permit shall be automatically invalid, and the | 2 | | person to whom the permit was issued may obtain a duplicate, | 3 | | upon payment of $25 to the CCPD and furnishing a notarized | 4 | | statement to the CCPD that the permit was lost or destroyed, | 5 | | and submission of an application as set forth in paragraph (i) | 6 | | of Section 30 and a photograph as set forth in paragraph (iv) | 7 | | of Section 30.
| 8 | | (d) A concealed firearms permit shall be automatically | 9 | | invalid if the permittee has moved his or her residence outside | 10 | | of the city. | 11 | | Section 55. Listing.
| 12 | | (a) At least monthly, the CCPD shall transmit a listing of | 13 | | all individuals to whom the CCPD has issued or revoked a permit | 14 | | under this Act to the City Police Department. That listing | 15 | | shall contain the name, address, gender, race, date and place | 16 | | of birth, and driver license or State identification card | 17 | | number. | 18 | | (b) The City Police Department shall maintain the listing | 19 | | of permit holders, and shall make available, upon request, at | 20 | | all times to any law enforcement agency. | 21 | | Section 60. Privacy of permit holders and applicants. | 22 | | Except as provided in this Section, information on applications | 23 | | for permits, names and addresses, or other identifying | 24 | | information relating to permit holders shall be confidential, |
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| 1 | | not subject to the Illinois Freedom of Information Act, and | 2 | | shall not be made available except to law enforcement agencies. | 3 | | No State or local law enforcement agency shall provide a | 4 | | list of names of any or all holders or applicants licensed to | 5 | | carry a concealed firearm, except that the CCPD may, upon | 6 | | proper application and the payment of the required fee, provide | 7 | | to the requester, in written form only, confirmation that an | 8 | | individual has or has not been issued, applied for, or denied a | 9 | | permit, or had a permit revoked under this Act. No identifying | 10 | | information other than the name shall be provided. | 11 | | Only the CCPD may provide statistical information on: | 12 | | (i) the number of permits or applicants issued or | 13 | | received; | 14 | | (ii) the race, age, or gender of those issued permits | 15 | | or applicants;
| 16 | | (iii) the number of permits revoked and for what | 17 | | reason. | 18 | | Requests for information about any permit holder or | 19 | | applicant made by persons other than a bona fide law | 20 | | enforcement agency shall be made in writing together with any | 21 | | fee regularly required for providing information. | 22 | | Nothing in this Section shall prevent any law enforcement | 23 | | agency from releasing information about an individual as part | 24 | | of a criminal investigation. | 25 | | The names of all persons, other than law enforcement | 26 | | agencies and peace officers, requesting information under this |
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| 1 | | Section shall be public records. No other agency of government | 2 | | other than the CCPD or City Police Department shall provide any | 3 | | information to a requester not entitled to it by law.
| 4 | | Section 65. Concealed firearms permit.
| 5 | | (a) A concealed firearm permit shall authorize the resident | 6 | | in whose name the permit is issued to carry concealed firearms | 7 | | on or about his or her person or vehicle throughout the City of | 8 | | Peoria. No permit issued under this Section shall authorize any | 9 | | person to carry a concealed firearm into or upon: | 10 | | (i) Any state or local police or sheriff's 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, or jail. | 15 | | (iii) Any courthouse occupied by the Circuit, | 16 | | Appellate, or Supreme Court or a courtroom of any of those | 17 | | courts, or court proceeding. | 18 | | (iv) Any meeting of the governing body of a unit of | 19 | | local government. | 20 | | The State, county or City may by rule or ordinance | 21 | | prohibit or limit the carrying of concealed firearms by | 22 | | permit holders in that portion of a building owned, leased | 23 | | or controlled by that unit of government. That portion of a | 24 | | building in which the carrying of concealed firearms is | 25 | | prohibited or limited shall be clearly identified by signs |
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| 1 | | posted at the entrance to the restricted area. The rule or | 2 | | ordinance shall exempt any building used for public housing | 3 | | by private persons, firing ranges, and private dwellings | 4 | | owned, leased, or controlled by that unit of government | 5 | | from any restriction on the carrying or of possession of a | 6 | | firearm. The rule or ordinance shall not specify any | 7 | | criminal penalty for its violation but may specify that | 8 | | persons violating the rule or ordinance may be denied | 9 | | entrance to the building, ordered to leave the building and | 10 | | if employees of the unit of government, be subjected to | 11 | | disciplinary measures for violation of the provisions of | 12 | | the rule or ordinance. | 13 | | (v) Any portion of an establishment licensed to | 14 | | dispense beer or alcoholic beverages for consumption on the | 15 | | premises, which portion of the establishment is primarily | 16 | | devoted to that purpose. | 17 | | This paragraph (v) does not apply to any bona fide | 18 | | restaurant open to the general public having dining | 19 | | facilities for at least 25 persons and that receives at | 20 | | least 50% of its gross annual income from the dining | 21 | | facilities by the sale of food. | 22 | | (vi) Any area of an airport to which access is | 23 | | controlled by the inspection of persons and property. | 24 | | (vii) Any place where the carrying of a firearm is | 25 | | prohibited by federal law. | 26 | | (viii) Inside any elementary or secondary school |
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| 1 | | facility. | 2 | | (ix) Any portion of a building used as a child care | 3 | | facility. Nothing in this Section shall prevent the | 4 | | operator of a child care facility in a family home from | 5 | | owning or possessing a firearm or permit. | 6 | | (x) Any gated area of an amusement park. | 7 | | (xi) Any stadium, arena, or collegiate or professional | 8 | | sporting event. | 9 | | (xii) A church or other place of religious worship. | 10 | | A violation of this subsection (a) is a Class A | 11 | | misdemeanor. | 12 | | A concealed firearm permit does not authorize the concealed | 13 | | carrying or transportation of a stun gun, taser, or firearm | 14 | | other than a handgun. | 15 | | (b) The owner, business or commercial lessee, manager of a | 16 | | private business enterprise, or any other organization, | 17 | | entity, or person may prohibit persons holding a permit for | 18 | | concealed firearms from carrying concealed firearms on the | 19 | | premises and may prohibit employees not authorized by the | 20 | | employer, holding a permit for concealed firearms from carrying | 21 | | concealed firearms on the property of the employer. If the | 22 | | building or the premises are open to the public, the employer | 23 | | of the business enterprise shall post signs on or about the | 24 | | premises if carrying a concealed firearm is prohibited. | 25 | | Possession of a firearm in a vehicle on the premises shall not | 26 | | be a criminal offense under this Act so long as the firearm is |
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| 1 | | not removed from the vehicle or brandished while the vehicle is | 2 | | on the premises. An employer may prohibit employees or other | 3 | | persons holding a permit for a concealed firearm from carrying | 4 | | a concealed firearm in vehicles owned by the employer. Carrying | 5 | | of a concealed firearm in a location specified in this | 6 | | subsection by a permit holder shall not be a criminal act under | 7 | | this Act but may subject the person to denial to the premises | 8 | | or removal from the premises. | 9 | | (c) Any owner, business or commercial lessee, manager of a | 10 | | private business enterprise, or any other organization, | 11 | | entity, or person that prohibits persons holding a permit for | 12 | | concealed firearms from carrying concealed firearms on the | 13 | | premises shall be civilly liable for any injury from a criminal | 14 | | act committed upon a person holding a permit for carrying a | 15 | | concealed firearm who was prohibited from carrying a concealed | 16 | | firearm on the premises. | 17 | | Section 70. Immunity of CCPD, employees, and agents. The | 18 | | office of the CCPD, or any employee or agent of the CCPD, shall | 19 | | not be liable for damages in any civil action arising from | 20 | | alleged wrongful or improper granting, denial, or failure to | 21 | | revoke permits issued under this Act. The office of the county | 22 | | sheriff, State Police, municipal police department, or any | 23 | | employee or agent thereof shall not be liable for submitting | 24 | | specific and articulable reasons why an applicant should be | 25 | | denied a permit, unless the objection contains false, malicious |
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| 1 | | or inaccurate information. The Office filing the objection | 2 | | shall bear all of the applicant's costs if the applicant | 3 | | prevails in an appeal. | 4 | | Section 75. Firearms training.
| 5 | | (a) Instructor certification. The CCPD shall certify | 6 | | instructors who have met the requirements of this Section. | 7 | | (1) Persons who are not certified firearms instructors | 8 | | shall not teach applicant training courses. | 9 | | (2) Persons who are not certified firearms instructors | 10 | | shall not advertise or otherwise represent courses they | 11 | | teach as qualifying their students to meet the requirements | 12 | | to receive a permit to carry concealed firearms under this | 13 | | Act. | 14 | | (3) Persons who are not certified instructor trainers | 15 | | shall not teach instructor qualification courses. | 16 | | (4) Persons wishing to become certified firearms | 17 | | instructors shall: | 18 | | (i) be at least 21 years of age; | 19 | | (ii) be a citizen of the United States; and | 20 | | (iii) meet the requirements of subsection (b) of | 21 | | Section 5. Persons wishing to become instructor | 22 | | trainers, in addition to the other requirements of this | 23 | | subsection (4), shall: | 24 | | (A) possess at least a high school diploma or GED | 25 | | certificate, |
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| 1 | | (B) have at least one of the following valid | 2 | | firearms instructor certifications: | 3 | | (I) National Rifle Association Personal | 4 | | Protection Instructor; | 5 | | (II) National Rifle Association Pistol | 6 | | Marksmanship Instructor; | 7 | | (III) Certification from a firearms | 8 | | instructor's course offered by a State or federal | 9 | | governmental agency; or | 10 | | (IV) A similar firearms instructor qualifying | 11 | | course, approved by the CCPD. | 12 | | (5) (i) Instructor applicants shall agree to | 13 | | background checks.
| 14 | | (ii) An instructor applicant may be disqualified from | 15 | | becoming a certified instructor, or have his or her | 16 | | instructor qualification revoked if the applicant: | 17 | | (A) does not meet the requirements of this Act to | 18 | | possess a concealed firearms permit; | 19 | | (B) provides false or misleading information to | 20 | | the CCPD; or | 21 | | (C) has had a prior instructor qualification | 22 | | revoked by the CCPD. | 23 | | (6) The training course to certify firearms | 24 | | instructors and instructor trainers shall include: | 25 | | (i) 16 hours of classroom instruction covering at | 26 | | least the following topics: |
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| 1 | | (A) By means of a videotape approved by the | 2 | | CCPD: | 3 | | (1) the requirements for obtaining a | 4 | | concealed firearms permit in this State;
| 5 | | (2) laws relating to firearms as contained | 6 | | in the Firearm Owners Identification Card Act, | 7 | | Article 24 of the Criminal Code of 1961, and 18 | 8 | | U.S.C. 921 through 930; | 9 | | (3) laws relating to the justifiable use | 10 | | of force as contained in Article 7 of the | 11 | | Criminal Code of 1961; | 12 | | (4) the conduct of applicant training | 13 | | courses; | 14 | | (5) record-keeping requirements of this | 15 | | Act; | 16 | | (6) the basic nomenclature of handguns; | 17 | | (7) the basic principles of marksmanship; | 18 | | and | 19 | | (8) the safe handling of handguns. | 20 | | (B) A classroom demonstration, during which | 21 | | the instructor candidate shall receive instruction | 22 | | on and demonstrate competency in the ability to | 23 | | prepare and deliver a classroom presentation using | 24 | | materials from the applicant curriculum. | 25 | | (C) Range instruction and firing of live | 26 | | ammunition, during which the instructor candidate |
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| 1 | | shall receive instruction on and demonstrate | 2 | | competency in the ability to: | 3 | | (i) handle and fire a handgun safely | 4 | | and accurately; | 5 | | (ii) conduct a function test and | 6 | | safety inspection of common types of | 7 | | handguns; | 8 | | (iii) clean common types of handguns; | 9 | | and | 10 | | (iv) supervise and conduct live firing | 11 | | exercises in a safe and efficient manner. | 12 | | (7) To qualify as a certified firearms instructor or | 13 | | instructor trainer, instructor candidates shall achieve: | 14 | | (A) A minimum score of 70% on a written examination | 15 | | covering the material taught during the classroom | 16 | | portion of the course; | 17 | | (B) A minimum score of 80% on range firing of a | 18 | | handgun from the standing position while aiming at a | 19 | | B-21 PC silhouette target or an equivalent as approved | 20 | | by the CCPD, with a minimum of: | 21 | | (i) ten rounds from 7 yards; and | 22 | | (ii) ten rounds from 15 yards; and | 23 | | (iii) a score of "passing" from the course | 24 | | instructor for demonstrating competency in each of | 25 | | the following: | 26 | | (1) Supervising and conducting live fire; |
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| 1 | | (2) Cleaning and inspecting handguns; and | 2 | | (3) Preparing and delivering the classroom | 3 | | lecture. | 4 | | (8) Instructor candidates who fail to meet the minimum | 5 | | requirements of subsection (7) of this Section may retake | 6 | | the examination, range work, or classroom demonstration | 7 | | one time without having to repeat the course. | 8 | | (9) Qualified firearms instructor and instructor | 9 | | trainer certificates shall be valid until January 1, 2014. | 10 | | (b) Firearms training program. A permit applicant must | 11 | | successfully complete a firearms and deadly use of force | 12 | | training and education program taught by a certified | 13 | | instructor. The firearms training program must be certified by | 14 | | the CCPD as meeting the following minimum requirements:
| 15 | | (1) Classroom instruction of at least 8 hours | 16 | | instruction on:
| 17 | | (i) Illinois laws that relate to weapons and the | 18 | | justifiable use of deadly force;
| 19 | | (ii) handgun use, proficiency, care, and safety;
| 20 | | (iii) nonviolent dispute resolution;
| 21 | | (iv) proper storage practices for handguns; and
| 22 | | (v) basic principles of marksmanship.
| 23 | | (2) Live target range firing exercises of sufficient | 24 | | duration for the student to fire their handgun:
| 25 | | (i) from a standing position;
| 26 | | (ii) for a minimum of 20 rounds;
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| 1 | | (iii) at a B-21 silhouette target located at a | 2 | | distance of 7 yards from the student's standing | 3 | | position.
Students shall provide their own safe, | 4 | | functional handgun and factory-loaded ammunition for | 5 | | all required range instruction. The certified | 6 | | instructor shall, prior to range instruction, inspect | 7 | | each student's handgun to ensure each is in sound | 8 | | mechanical condition and does not pose a safety hazard.
| 9 | | (3) At the conclusion of the classroom portion of the | 10 | | training course the certified instructor shall give each | 11 | | student a written examination not to exceed 100 questions | 12 | | that tests the knowledge of the student on the course | 13 | | subject matter. In administering the examination the | 14 | | instructor shall:
| 15 | | (i) not leave the room in which the examination is | 16 | | being given while the examination is in progress;
| 17 | | (ii) not allow students to communicate with or view | 18 | | other student's exam while the exam is in progress;
| 19 | | (iii) not grade the examinations in the presence of | 20 | | students; and
| 21 | | (iv) not divulge a student's numeric score on the | 22 | | day of the examination, but may indicate whether a | 23 | | student has passed or failed.
| 24 | | (4) Successful completion of the firearms training | 25 | | course requires at least 70% correct answers on the written | 26 | | examination and a grade of "passing" on the range |
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| 1 | | exercises. A "passing" grade on range firing exercises | 2 | | requires the student to: comply with orders given by the | 3 | | instructor, safely handle their firearm, and achieve at | 4 | | least 50% hits on the silhouette portion of the target. | 5 | | Students who do not achieve at least 70% on the written | 6 | | exam may retake the exam one time without having to retake | 7 | | the course. Students who do not achieve a grade of | 8 | | "passing" on the range exercises may repeat the range work | 9 | | twice without having to retake the course.
| 10 | | (5) A student who successfully completes the firearms | 11 | | training course shall receive a certificate of completion | 12 | | signed by the instructor.
| 13 | | Section 80. Report. By October 1, 2013, the City shall | 14 | | submit a statistical report to the Governor, the President of | 15 | | the Senate and the Speaker of the House of Representatives, | 16 | | indicating the number of permits issued, revoked, suspended, | 17 | | denied and issued after appeal in the Pilot Program and also | 18 | | the number of permits currently valid. The report shall also | 19 | | include the number of arrests, convictions and types of crimes | 20 | | in the previous calendar year committed by individuals issued | 21 | | permits to carry a concealed firearm. The report shall also | 22 | | include the annual crime rate statistics by category of offense | 23 | | for the City during the period of the pilot program and the 2 | 24 | | years preceding the start of the pilot program.
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| 1 | | Section 85. The Criminal Code of 1961 is amended by | 2 | | changing Section 24-2 as follows:
| 3 | | (720 ILCS 5/24-2)
| 4 | | Sec. 24-2. Exemptions.
| 5 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 6 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 7 | | the following:
| 8 | | (1) Peace officers, and any person summoned by a peace | 9 | | officer to
assist in making arrests or preserving the | 10 | | peace, while actually engaged in
assisting such officer.
| 11 | | (2) Wardens, superintendents and keepers of prisons,
| 12 | | penitentiaries, jails and other institutions for the | 13 | | detention of persons
accused or convicted of an offense, | 14 | | while in the performance of their
official duty, or while | 15 | | commuting between their homes and places of employment.
| 16 | | (3) Members of the Armed Services or Reserve Forces of | 17 | | the United States
or the Illinois National Guard or the | 18 | | Reserve Officers Training Corps,
while in the performance | 19 | | of their official duty.
| 20 | | (4) Special agents employed by a railroad or a public | 21 | | utility to
perform police functions, and guards of armored | 22 | | car companies, while
actually engaged in the performance of | 23 | | the duties of their employment or
commuting between their | 24 | | homes and places of employment; and watchmen
while actually | 25 | | engaged in the performance of the duties of their |
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| 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, Fingerprint | 8 | | Vendor, and Locksmith Act of 2004,
while actually
engaged | 9 | | in the performance of the duties of their employment or | 10 | | commuting
between their homes and places of employment, | 11 | | provided that such commuting
is accomplished within one | 12 | | hour from departure from home or place of
employment, as | 13 | | the case may be. Persons exempted under this subdivision
| 14 | | (a)(5) shall be required to have completed a course of
| 15 | | study in firearms handling and training approved and | 16 | | supervised by the
Department of Professional Regulation as | 17 | | prescribed by Section 28 of the
Private Detective, Private | 18 | | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 19 | | Act of 2004, prior
to becoming eligible for this exemption. | 20 | | The Department of Professional
Regulation shall provide | 21 | | suitable documentation demonstrating the
successful | 22 | | completion of the prescribed firearms training. Such
| 23 | | documentation shall be carried at all times when such | 24 | | persons are in
possession of a concealable weapon.
| 25 | | (6) Any person regularly employed in a commercial or | 26 | | industrial
operation as a security guard for the protection |
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| 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 control card by
the | 17 | | Department of Professional Regulation. Conditions for the | 18 | | renewal of
firearm control 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, Fingerprint Vendor, and | 22 | | Locksmith Act of 2004. Such
firearm control card shall be | 23 | | carried by the security guard at all
times when he or she | 24 | | is in possession of a concealable weapon.
| 25 | | (7) Agents and investigators of the Illinois | 26 | | Legislative Investigating
Commission authorized by the |
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| 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 control card by the Department of Professional | 20 | | Regulation.
Conditions for renewal of firearm control | 21 | | cards issued under the
provisions of this Section shall be | 22 | | the same as for those issued under the
provisions of the | 23 | | Private Detective, Private Alarm,
Private Security, | 24 | | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 25 | | control card shall be carried by the person so
trained at | 26 | | all times when such person is in possession of a |
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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 |
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| 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 or possessing any pistol, revolver, stun | 24 | | gun or taser or other firearm on the land or in the legal | 25 | | dwelling of another person as an invitee with that person's | 26 | | permission. |
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| 1 | | (6) Carrying a concealed firearm by a permittee who has | 2 | | a valid permit to carry a concealed firearm under the | 3 | | Concealed Carry Permit Pilot Program Act. | 4 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 5 | | of the
following:
| 6 | | (1) Peace officers while in performance of their | 7 | | official duties.
| 8 | | (2) Wardens, superintendents and keepers of prisons, | 9 | | penitentiaries,
jails and other institutions for the | 10 | | detention of persons accused or
convicted of an offense.
| 11 | | (3) Members of the Armed Services or Reserve Forces of | 12 | | the United States
or the Illinois National Guard, while in | 13 | | the performance of their official
duty.
| 14 | | (4) Manufacture, transportation, or sale of machine | 15 | | guns to persons
authorized under subdivisions (1) through | 16 | | (3) of this subsection to
possess machine guns, if the | 17 | | machine guns are broken down in a
non-functioning state or | 18 | | are not immediately accessible.
| 19 | | (5) Persons licensed under federal law to manufacture | 20 | | any weapon from
which 8 or more shots or bullets can be | 21 | | discharged by a
single function of the firing device, or | 22 | | ammunition for such weapons, and
actually engaged in the | 23 | | business of manufacturing such weapons or
ammunition, but | 24 | | only with respect to activities which are within the lawful
| 25 | | scope of such business, such as the manufacture, | 26 | | transportation, or testing
of such weapons or ammunition. |
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| 1 | | This exemption does not authorize the
general private | 2 | | possession of any weapon from which 8 or more
shots or | 3 | | bullets can be discharged by a single function of the | 4 | | firing
device, but only such possession and activities as | 5 | | are within the lawful
scope of a licensed manufacturing | 6 | | business described in this paragraph.
| 7 | | During transportation, such weapons shall be broken | 8 | | down in a
non-functioning state or not immediately | 9 | | accessible.
| 10 | | (6) The manufacture, transport, testing, delivery, | 11 | | transfer or sale,
and all lawful commercial or experimental | 12 | | activities necessary thereto, of
rifles, shotguns, and | 13 | | weapons made from rifles or shotguns,
or ammunition for | 14 | | such rifles, shotguns or weapons, where engaged in
by a | 15 | | person operating as a contractor or subcontractor pursuant | 16 | | to a
contract or subcontract for the development and supply | 17 | | of such rifles,
shotguns, weapons or ammunition to the | 18 | | United States government or any
branch of the Armed Forces | 19 | | of the United States, when such activities are
necessary | 20 | | and incident to fulfilling the terms of such contract.
| 21 | | The exemption granted under this subdivision (c)(6)
| 22 | | shall also apply to any authorized agent of any such | 23 | | contractor or
subcontractor who is operating within the | 24 | | scope of his employment, where
such activities involving | 25 | | such weapon, weapons or ammunition are necessary
and | 26 | | incident to fulfilling the terms of such contract.
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| 1 | | During transportation, any such weapon shall be broken | 2 | | down in a
non-functioning state, or not immediately | 3 | | accessible.
| 4 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 5 | | possession
or carrying of a black-jack or slung-shot by a peace | 6 | | officer.
| 7 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 8 | | manager or
authorized employee of any place specified in that | 9 | | subsection nor to any
law enforcement officer.
| 10 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 11 | | Section 24-1.6
do not apply
to members of any club or | 12 | | organization organized for the purpose of practicing
shooting | 13 | | at targets upon established target ranges, whether public or | 14 | | private,
while using their firearms on those target ranges.
| 15 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 16 | | to:
| 17 | | (1) Members of the Armed Services or Reserve Forces of | 18 | | the United
States or the Illinois National Guard, while in | 19 | | the performance of their
official duty.
| 20 | | (2) Bonafide collectors of antique or surplus military | 21 | | ordinance.
| 22 | | (3) Laboratories having a department of forensic | 23 | | ballistics, or
specializing in the development of | 24 | | ammunition or explosive ordinance.
| 25 | | (4) Commerce, preparation, assembly or possession of | 26 | | explosive
bullets by manufacturers of ammunition licensed |
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| 1 | | by the federal government,
in connection with the supply of | 2 | | those organizations and persons exempted
by subdivision | 3 | | (g)(1) of this Section, or like organizations and persons
| 4 | | outside this State, or the transportation of explosive | 5 | | bullets to any
organization or person exempted in this | 6 | | Section by a common carrier or by a
vehicle owned or leased | 7 | | by an exempted manufacturer.
| 8 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 9 | | persons licensed
under federal law to manufacture any device or | 10 | | attachment of any kind designed,
used, or intended for use in | 11 | | silencing the report of any firearm, firearms, or
ammunition
| 12 | | for those firearms equipped with those devices, and actually | 13 | | engaged in the
business of manufacturing those devices, | 14 | | firearms, or ammunition, but only with
respect to
activities | 15 | | that are within the lawful scope of that business, such as the
| 16 | | manufacture, transportation, or testing of those devices, | 17 | | firearms, or
ammunition. This
exemption does not authorize the | 18 | | general private possession of any device or
attachment of any | 19 | | kind designed, used, or intended for use in silencing the
| 20 | | report of any firearm, but only such possession and activities | 21 | | as are within
the
lawful scope of a licensed manufacturing | 22 | | business described in this subsection
(g-5). During | 23 | | transportation, those devices shall be detached from any weapon
| 24 | | or
not immediately accessible.
| 25 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 26 | | 24-1.6 do not apply to
or affect any parole agent or parole |
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| 1 | | supervisor who meets the qualifications and conditions | 2 | | prescribed in Section 3-14-1.5 of the Unified Code of | 3 | | Corrections. | 4 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 5 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 6 | | athlete's possession, transport on official Olympic and | 7 | | Paralympic transit systems established for athletes, or use of | 8 | | competition firearms sanctioned by the International Olympic | 9 | | Committee, the International Paralympic Committee, the | 10 | | International Shooting Sport Federation, or USA Shooting in | 11 | | connection with such athlete's training for and participation | 12 | | in shooting competitions at the 2016 Olympic and Paralympic | 13 | | Games and sanctioned test events leading up to the 2016 Olympic | 14 | | and Paralympic Games. | 15 | | (h) An information or indictment based upon a violation of | 16 | | any
subsection of this Article need not negative any exemptions | 17 | | contained in
this Article. The defendant shall have the burden | 18 | | of proving such an
exemption.
| 19 | | (i) Nothing in this Article shall prohibit, apply to, or | 20 | | affect
the transportation, carrying, or possession, of any | 21 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 22 | | to a common carrier operating
under license of the State of | 23 | | Illinois or the federal government, where
such transportation, | 24 | | carrying, or possession is incident to the lawful
| 25 | | transportation in which such common carrier is engaged; and | 26 | | nothing in this
Article shall prohibit, apply to, or affect the |
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| 1 | | transportation, carrying,
or possession of any pistol, | 2 | | revolver, stun gun, taser, or other firearm,
not the subject of | 3 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 4 | | this Article, which is unloaded and enclosed in a case, firearm
| 5 | | carrying box, shipping box, or other container, by the | 6 | | possessor of a valid
Firearm Owners Identification Card.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 8 | | 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; | 9 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 10 | | Section 999. Effective date. This Act takes effect upon | 11 | | becoming law.
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