Full Text of SB2642 100th General Assembly
SB2642enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Private Detective, Private Alarm, Private | 5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 | | amended by changing Section 35-35 as follows:
| 7 | | (225 ILCS 447/35-35)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 35-35. Requirement of a firearm control
card.
| 10 | | (a) No person shall perform duties that include the use,
| 11 | | carrying, or possession of a firearm in the performance of
| 12 | | those duties without complying with the provisions of this
| 13 | | Section and having been issued a valid firearm control
card by | 14 | | the Department.
| 15 | | (b) No employer shall employ any person to perform the
| 16 | | duties for which licensure or employee registration is required | 17 | | and allow
that person to carry a firearm unless that person has | 18 | | complied
with all the firearm training requirements of this | 19 | | Section and
has been issued a firearm control card. This Act
| 20 | | permits only the following to carry firearms while actually
| 21 | | engaged in the performance of their duties or while commuting
| 22 | | directly to or from their places of employment: persons
| 23 | | licensed as private detectives and their registered employees;
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| 1 | | persons licensed as private security contractors and their
| 2 | | registered employees; persons licensed as private alarm
| 3 | | contractors and their registered employees; and employees of a
| 4 | | registered armed proprietary security force.
| 5 | | (c) Possession of a valid firearm control
card
allows a | 6 | | licensee or employee to carry a firearm not otherwise | 7 | | prohibited
by law while the licensee or employee is engaged in | 8 | | the performance of his
or her duties or while the licensee or | 9 | | employee is commuting directly to
or from the licensee's or | 10 | | employee's place or places of employment.
| 11 | | (d) The Department shall issue a firearm control
card to a | 12 | | person who has passed an approved firearm training
course, who | 13 | | is currently licensed or employed by an agency licensed by
this | 14 | | Act and has met all the requirements of this Act, and who
| 15 | | possesses a valid firearm owner identification card.
| 16 | | Application for the firearm control card shall be made
by the | 17 | | employer to the Department on forms provided by the
Department. | 18 | | The Department shall forward the card to the
employer who shall | 19 | | be responsible for its issuance to the licensee or
employee. | 20 | | The firearm control card shall be issued by
the Department and | 21 | | shall identify the person holding it and
the name of the course | 22 | | where the licensee or employee received firearm
instruction and | 23 | | shall specify the type of weapon or weapons
the person is | 24 | | authorized by the Department to carry and for
which the person | 25 | | has been trained.
| 26 | | (e) Expiration and requirements for renewal of firearm |
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| 1 | | control cards shall be determined by rule.
| 2 | | (f) The Department may, in addition to any other
| 3 | | disciplinary action permitted by this Act, refuse to issue,
| 4 | | suspend, or revoke a firearm control card if the
applicant or | 5 | | holder has been convicted of any felony or crime
involving the | 6 | | illegal use, carrying, or possession of a deadly
weapon or for | 7 | | a violation of this Act or rules promulgated
under this Act. | 8 | | The Department shall refuse to issue or shall
revoke a firearm | 9 | | control card if the applicant or holder
fails to possess a | 10 | | valid firearm owners identification card without hearing.
The | 11 | | Secretary shall summarily suspend a firearm control
card if the | 12 | | Secretary finds that its continued use would
constitute an | 13 | | imminent danger to the public. A hearing shall
be held before | 14 | | the Board within 30 days if the Secretary
summarily suspends a | 15 | | firearm control card.
| 16 | | (g) Notwithstanding any other provision of this Act to the
| 17 | | contrary, all requirements relating to firearms control
cards | 18 | | do not apply to a peace officer. If an individual ceases to be | 19 | | employed as a peace officer and continues to perform services | 20 | | in an armed capacity under this Act that are licensed | 21 | | activities, then the individual is required to obtain a | 22 | | permanent employee registration card pursuant to Section 35-30 | 23 | | of this Act and must possess a valid Firearm Owner's | 24 | | Identification Card, but is not required to obtain a firearm | 25 | | control card if the individual is otherwise in continuing | 26 | | compliance with the federal Law Enforcement Officers Safety Act |
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| 1 | | of 2004. If an individual elects to carry a firearm pursuant to | 2 | | the federal Law Enforcement Officers Safety Act of 2004, then | 3 | | the agency employing the officer is required to submit a notice | 4 | | of that election to the Department along with a fee specified | 5 | | by rule.
| 6 | | (h) The Department may issue a temporary firearm control | 7 | | card pending issuance of a new firearm control card upon an | 8 | | agency's acquiring of an established armed account. An agency | 9 | | that has acquired armed employees as a result of acquiring an | 10 | | established armed account may, on forms supplied by the | 11 | | Department, request the issuance of a temporary firearm control | 12 | | card for each acquired employee who held a valid firearm | 13 | | control card under his or her employment with the newly | 14 | | acquired established armed account immediately preceding the | 15 | | acquiring of the account and who continues to meet all of the | 16 | | qualifications for issuance of a firearm control card set forth | 17 | | in this Act and any rules adopted under this Act. The | 18 | | Department shall, by rule, set the fee for issuance of a | 19 | | temporary firearm control card.
| 20 | | (i) The Department shall not issue a firearm control card | 21 | | to a licensed fingerprint vendor or a licensed locksmith or | 22 | | employees of a licensed fingerprint vendor agency or a licensed | 23 | | locksmith agency.
| 24 | | (Source: P.A. 98-253, eff. 8-9-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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