Full Text of HB5199 101st General Assembly
HB5199 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5199 Introduced , by Rep. Nathan D. Reitz SYNOPSIS AS INTRODUCED: |
| 765 ILCS 160/1-71 new | | 765 ILCS 605/18.11 new | | 765 ILCS 705/17 new | | 765 ILCS 745/12b new | |
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Amends the Common Interest Community Association Act, the Condominium Property Act, the Landlord and Tenant Act, and the Mobile Home Landlord and Tenant Rights Act. Provides that a unit owner shall not be prohibited or a landlord or park owner shall not prohibit a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in: the unit of the unit owner or dwelling unit or mobile home unit of the tenant; a vehicle located in a parking area provided by the common interest community association, condominium association, or landlord or park owner for the unit owner or tenant; or within a common area location of a common interest community or condominium or another controlled location of the landlord or park owner. Effective immediately.
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| | A BILL FOR |
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| | | HB5199 | | LRB101 17380 LNS 66785 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Common Interest Community Association Act is | 5 | | amended by adding Section 1-71 as follows: | 6 | | (765 ILCS 160/1-71 new) | 7 | | Sec. 1-71. Possession of firearm or firearm ammunition. | 8 | | (a) Unless possession of a firearm or firearm ammunition | 9 | | within a common interest community is prohibited by State or | 10 | | federal law, a unit owner, a tenant or guest of a unit owner, | 11 | | or a guest of a tenant of a unit owner shall not be prohibited | 12 | | from lawfully possessing, carrying, transporting, or storing a | 13 | | firearm, any part of a firearm, or firearm ammunition in: | 14 | | (1) the unit of the unit owner; | 15 | | (2) a vehicle located in a parking area provided for | 16 | | the unit owner or guest of the unit owner by the | 17 | | association; or | 18 | | (3) within a common area, as necessary to: | 19 | | (i) enter or exit the condominium property; | 20 | | (ii) enter or exit the unit of the unit owner; or | 21 | | (iii) enter or exit a vehicle within the common | 22 | | interest community or located in a parking area | 23 | | provided for the unit owner or guest of the unit owner |
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| 1 | | by the association. | 2 | | (b) This Section applies notwithstanding any community | 3 | | instruments or bylaws to the contrary, regardless of the date | 4 | | of the adoption of the community instruments or bylaws. | 5 | | Section 10. The Condominium Property Act is amended by | 6 | | adding Section 18.11 as follows: | 7 | | (765 ILCS 605/18.11 new) | 8 | | Sec. 18.11. Possession of firearm or firearm ammunition. | 9 | | (a) Unless possession of a firearm or firearm ammunition on | 10 | | condominium property is prohibited by State or federal law, a | 11 | | unit owner, a tenant or guest of a unit owner, or a guest of a | 12 | | tenant of a unit owner shall not be prohibited from lawfully | 13 | | possessing, carrying, transporting, or storing a firearm, any | 14 | | part of a firearm, or firearm ammunition in: | 15 | | (1) the unit of a unit owner; | 16 | | (2) a vehicle located in a parking area provided for | 17 | | the unit owner or guest of the unit owner by the | 18 | | association; or | 19 | | (3) within a common area, as necessary to: | 20 | | (i) enter or exit the condominium property; | 21 | | (ii) enter or exit the unit of a unit owner; or | 22 | | (iii) enter or exit a vehicle on the condominium | 23 | | property or located in a parking area provided for the | 24 | | unit owner or guest of the unit owner by the |
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| 1 | | association. | 2 | | (b) This Section applies notwithstanding any condominium | 3 | | instruments or bylaws to the contrary, regardless of the date | 4 | | of the adoption of the condominium instruments or bylaws. | 5 | | Section 15. The Landlord and Tenant Act is amended by | 6 | | adding Section 17 as follows: | 7 | | (765 ILCS 705/17 new) | 8 | | Sec. 17. Possession of firearm or firearm ammunition. | 9 | | Unless possession of a firearm or firearm ammunition on the | 10 | | property of a landlord is prohibited by State or federal law, a | 11 | | landlord shall not prohibit a tenant or a guest of a tenant | 12 | | from lawfully possessing, carrying, transporting, or storing a | 13 | | firearm, any part of a firearm, or firearm ammunition in: | 14 | | (1) the dwelling unit of the tenant; | 15 | | (2) a vehicle located in a parking area provided for | 16 | | the tenant or guest of the tenant by the landlord; or | 17 | | (3) another location controlled by the landlord, as | 18 | | necessary to: | 19 | | (i) enter or exit the dwelling unit of the tenant; | 20 | | (ii) enter or exit the leased premises; or | 21 | | (iii) enter or exit a vehicle on the leased | 22 | | premises or located in a parking area provided for the | 23 | | tenant or guest of the tenant by the landlord. |
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| 1 | | Section 20. The Mobile Home Landlord and Tenant Rights Act | 2 | | is amended by adding Section 12b as follows: | 3 | | (765 ILCS 745/12b new) | 4 | | Sec. 12b. Possession of firearm or firearm ammunition. | 5 | | Unless possession of a firearm or firearm ammunition within a | 6 | | mobile home park or manufactured home community of a park owner | 7 | | is prohibited by State or federal law, a park owner shall not | 8 | | prohibit a tenant or a guest of a tenant from lawfully | 9 | | possessing, carrying, transporting, or storing a firearm, any | 10 | | part of a firearm, or firearm ammunition in: | 11 | | (1) the mobile home unit of the tenant; | 12 | | (2) a vehicle located in a parking area provided for | 13 | | the tenant or guest of the tenant by the park owner; or | 14 | | (3) another location controlled by the park owner, as | 15 | | necessary to: | 16 | | (i) enter or exit the mobile home unit of the | 17 | | tenant; | 18 | | (ii) enter or exit the leased premises; or | 19 | | (iii) enter or exit a vehicle on the leased | 20 | | premises or located in a parking area provided for the | 21 | | tenant or guest of the tenant by the park owner.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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