Full Text of HB6004 98th General Assembly
HB6004 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB6004 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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50 ILCS 710/1 | from Ch. 85, par. 515 |
430 ILCS 66/65 | | 430 ILCS 66/75 | |
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Amends the Peace Officer Firearm Training Act. Includes in the definition of "peace officer" any sworn State's Attorney or authorized Assistant State's
Attorney, except that any person who is deemed a peace officer solely by virtue of his or her employment as a
State's Attorney or Assistant State's Attorney shall not be authorized to make arrests for offenses. Amends the Firearm Concealed Carry Act. Provides that notwithstanding the provisions prohibiting a licensee from carrying a firearm into certain places, except those places where firearms are prohibited by federal law and property used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission, a licensee who is a State's Attorney prohibited from carrying a concealed firearm into an
area of a prohibited location shall be permitted
to carry a concealed firearm on or about his or her person if he or she has completed the required
training to be qualified to carry a firearm as a peace officer, notwithstanding that he or she is not
otherwise certified as a sworn peace officer. Exempts from the firearm training requirements, a sworn State's Attorney or Assistant State's
Attorney authorized by the State's
Attorney, who has completed the required training to be qualified to carry a firearm as a peace officer. Effective immediately.
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| | 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 5. The Peace Officer Firearm Training Act is | 5 | | amended by changing Section 1 as follows:
| 6 | | (50 ILCS 710/1) (from Ch. 85, par. 515)
| 7 | | Sec. 1. Definitions. As used in this Act: | 8 | | (a) "Peace officer"
means (i) any person who by virtue of | 9 | | his office or public employment is
vested by law with a primary | 10 | | duty to maintain public order or to make
arrests for offenses, | 11 | | whether that duty extends to all offenses or is
limited to | 12 | | specific offenses, and who is employed in such capacity by any
| 13 | | county or municipality or (ii) any retired law enforcement | 14 | | officers qualified under federal law to carry a concealed | 15 | | weapon. "Peace officer" includes any sworn State's Attorney or | 16 | | authorized Assistant State's
Attorney, except that any person | 17 | | who is deemed a peace officer solely by virtue of his or her | 18 | | employment as a
State's Attorney or Assistant State's Attorney | 19 | | shall not be authorized to make arrests for offenses. | 20 | | (b)
"Firearms" means any weapon or device defined as a | 21 | | firearm in Section
1.1 of "An Act relating to the acquisition, | 22 | | possession and transfer of
firearms and firearm ammunition, to | 23 | | provide a penalty for the violation
thereof and to make an |
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| 1 | | appropriation in connection therewith", approved
August 3, | 2 | | 1967, as amended.
| 3 | | (Source: P.A. 94-103, eff. 7-1-05.)
| 4 | | Section 10. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 65 and 75 as follows: | 6 | | (430 ILCS 66/65)
| 7 | | Sec. 65. Prohibited areas. | 8 | | (a) A licensee under this Act shall not knowingly carry a | 9 | | firearm on or into: | 10 | | (1) Any building, real property, and parking area under | 11 | | the control of a public or private elementary or secondary | 12 | | school. | 13 | | (2) Any building, real property, and parking area under | 14 | | the control of a pre-school or child care facility, | 15 | | including any room or portion of a building under the | 16 | | control of a pre-school or child care facility. Nothing in | 17 | | this paragraph shall prevent the operator of a child care | 18 | | facility in a family home from owning or possessing a | 19 | | firearm in the home or license under this Act, if no child | 20 | | under child care at the home is present in the home or the | 21 | | firearm in the home is stored in a locked container when a | 22 | | child under child care at the home is present in the home. | 23 | | (3) Any building, parking area, or portion of a | 24 | | building under the control of an officer of the executive |
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| 1 | | or legislative branch of government, provided that nothing | 2 | | in this paragraph shall prohibit a licensee from carrying a | 3 | | concealed firearm onto the real property, bikeway, or trail | 4 | | in a park regulated by the Department of Natural Resources | 5 | | or any other designated public hunting area or building | 6 | | where firearm possession is permitted as established by the | 7 | | Department of Natural Resources under Section 1.8 of the | 8 | | Wildlife Code. | 9 | | (4) Any building designated for matters before a | 10 | | circuit court, appellate court, or the Supreme Court, or | 11 | | any building or portion of a building under the control of | 12 | | the Supreme Court. | 13 | | (5) Any building or portion of a building under the | 14 | | control of a unit of local government. | 15 | | (6) Any building, real property, and parking area under | 16 | | the control of an adult or juvenile detention or | 17 | | correctional institution, prison, or jail. | 18 | | (7) Any building, real property, and parking area under | 19 | | the control of a public or private hospital or hospital | 20 | | affiliate, mental health facility, or nursing home. | 21 | | (8) Any bus, train, or form of transportation paid for | 22 | | in whole or in part with public funds, and any building, | 23 | | real property, and parking area under the control of a | 24 | | public transportation facility paid for in whole or in part | 25 | | with public funds. | 26 | | (9) Any building, real property, and parking area under |
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| 1 | | the control of an establishment that serves alcohol on its | 2 | | premises, if more than 50% of the establishment's gross | 3 | | receipts within the prior 3 months is from the sale of | 4 | | alcohol. The owner of an establishment who knowingly fails | 5 | | to prohibit concealed firearms on its premises as provided | 6 | | in this paragraph or who knowingly makes a false statement | 7 | | or record to avoid the prohibition on concealed firearms | 8 | | under this paragraph is subject to the penalty under | 9 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 10 | | of 1934. | 11 | | (10) Any public gathering or special event conducted on | 12 | | property open to the public that requires the issuance of a | 13 | | permit from the unit of local government, provided this | 14 | | prohibition shall not apply to a licensee who must walk | 15 | | through a public gathering in order to access his or her | 16 | | residence, place of business, or vehicle. | 17 | | (11) Any building or real property that has been issued | 18 | | a Special Event Retailer's license as defined in Section | 19 | | 1-3.17.1 of the Liquor Control Act during the time | 20 | | designated for the sale of alcohol by the Special Event | 21 | | Retailer's license, or a Special use permit license as | 22 | | defined in subsection (q) of Section 5-1 of the Liquor | 23 | | Control Act during the time designated for the sale of | 24 | | alcohol by the Special use permit license. | 25 | | (12) Any public playground. | 26 | | (13) Any public park, athletic area, or athletic |
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| 1 | | facility under the control of a municipality or park | 2 | | district, provided nothing in this Section shall prohibit a | 3 | | licensee from carrying a concealed firearm while on a trail | 4 | | or bikeway if only a portion of the trail or bikeway | 5 | | includes a public park. | 6 | | (14) Any real property under the control of the Cook | 7 | | County Forest Preserve District. | 8 | | (15) Any building, classroom, laboratory, medical | 9 | | clinic, hospital, artistic venue, athletic venue, | 10 | | entertainment venue, officially recognized | 11 | | university-related organization property, whether owned or | 12 | | leased, and any real property, including parking areas, | 13 | | sidewalks, and common areas under the control of a public | 14 | | or private community college, college, or university. | 15 | | (16) Any building, real property, or parking area under | 16 | | the control of a gaming facility licensed under the | 17 | | Riverboat Gambling Act or the Illinois Horse Racing Act of | 18 | | 1975, including an inter-track wagering location licensee. | 19 | | (17) Any stadium, arena, or the real property or | 20 | | parking area under the control of a stadium, arena, or any | 21 | | collegiate or professional sporting event. | 22 | | (18) Any building, real property, or parking area under | 23 | | the control of a public library. | 24 | | (19) Any building, real property, or parking area under | 25 | | the control of an airport. | 26 | | (20) Any building, real property, or parking area under |
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| 1 | | the control of an amusement park. | 2 | | (21) Any building, real property, or parking area under | 3 | | the control of a zoo or museum. | 4 | | (22) Any street, driveway, parking area, property, | 5 | | building, or facility, owned, leased, controlled, or used | 6 | | by a nuclear energy, storage, weapons, or development site | 7 | | or facility regulated by the federal Nuclear Regulatory | 8 | | Commission. The licensee shall not under any circumstance | 9 | | store a firearm or ammunition in his or her vehicle or in a | 10 | | compartment or container within a vehicle located anywhere | 11 | | in or on the street, driveway, parking area, property, | 12 | | building, or facility described in this paragraph. | 13 | | (23) Any area where firearms are prohibited under | 14 | | federal law. | 15 | | (a-5) Nothing in this Act shall prohibit a public or | 16 | | private community college, college, or university from: | 17 | | (1) prohibiting persons from carrying a firearm within | 18 | | a vehicle owned, leased, or controlled by the college or | 19 | | university; | 20 | | (2) developing resolutions, regulations, or policies | 21 | | regarding student, employee, or visitor misconduct and | 22 | | discipline, including suspension and expulsion; | 23 | | (3) developing resolutions, regulations, or policies | 24 | | regarding the storage or maintenance of firearms, which | 25 | | must include designated areas where persons can park | 26 | | vehicles that carry firearms; and |
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| 1 | | (4) permitting the carrying or use of firearms for the | 2 | | purpose of instruction and curriculum of officially | 3 | | recognized programs, including but not limited to military | 4 | | science and law enforcement training programs, or in any | 5 | | designated area used for hunting purposes or target | 6 | | shooting. | 7 | | (a-10) The owner of private real property of any type may | 8 | | prohibit the carrying of concealed firearms on the property | 9 | | under his or her control. The owner must post a sign in | 10 | | accordance with subsection (d) of this Section indicating that | 11 | | firearms are prohibited on the property, unless the property is | 12 | | a private residence. | 13 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 14 | | this Section except under paragraph (22) or (23) of subsection | 15 | | (a), any licensee prohibited from carrying a concealed firearm | 16 | | into the parking area of a prohibited location specified in | 17 | | subsection (a), (a-5), or (a-10) of this Section shall be | 18 | | permitted to carry a concealed firearm on or about his or her | 19 | | person within a vehicle into the parking area and may store a | 20 | | firearm or ammunition concealed in a case within a locked | 21 | | vehicle or locked container out of plain view within the | 22 | | vehicle in the parking area. A licensee may carry a concealed | 23 | | firearm in the immediate area surrounding his or her vehicle | 24 | | within a prohibited parking lot area only for the limited | 25 | | purpose of storing or retrieving a firearm within the vehicle's | 26 | | trunk, provided the licensee ensures the concealed firearm is |
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| 1 | | unloaded prior to exiting the vehicle. For purposes of this | 2 | | subsection, "case" includes a glove compartment or console that | 3 | | completely encloses the concealed firearm or ammunition, the | 4 | | trunk of the vehicle, or a firearm carrying box, shipping box, | 5 | | or other container. | 6 | | (c) A licensee shall not be in violation of this Section | 7 | | while he or she is traveling along a public right of way that | 8 | | touches or crosses any of the premises under subsection (a), | 9 | | (a-5), or (a-10) of this Section if the concealed firearm is | 10 | | carried on his or her person in accordance with the provisions | 11 | | of this Act or is being transported in a vehicle by the | 12 | | licensee in accordance with all other applicable provisions of | 13 | | law. | 14 | | (c-5) Notwithstanding subsections (a), (a-5), and (a-10) | 15 | | of this Section except under paragraph (22) or
(23) of | 16 | | subsection (a), a licensee who is a State's Attorney prohibited | 17 | | from carrying a concealed firearm into an
area of a prohibited | 18 | | location specified in subsection (a), (a-5), or (a-10) of this | 19 | | Section shall be permitted
to carry a concealed firearm on or | 20 | | about his or her person if he or she has completed the required
| 21 | | training to be qualified to carry a firearm as a peace officer, | 22 | | notwithstanding that he or she is not
otherwise certified as a | 23 | | sworn peace officer. | 24 | | (d) Signs stating that the carrying of firearms is | 25 | | prohibited shall be clearly and conspicuously posted at the | 26 | | entrance of a building, premises, or real property specified in |
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| 1 | | this Section as a prohibited area, unless the building or | 2 | | premises is a private residence. Signs shall be of a uniform | 3 | | design as established by the Department and shall be 4 inches | 4 | | by 6 inches in size. The Department shall adopt rules for | 5 | | standardized signs to be used under this subsection.
| 6 | | (Source: P.A. 98-63, eff. 7-9-13.) | 7 | | (430 ILCS 66/75)
| 8 | | Sec. 75. Applicant firearm training. | 9 | | (a) Within 60 days of the effective date of this Act, the | 10 | | Department shall begin approval of firearm training courses and | 11 | | shall make a list of approved courses available on the | 12 | | Department's website. | 13 | | (b) An applicant for a new license shall provide proof of | 14 | | completion of a firearms training course or combination of | 15 | | courses approved by the Department of at least 16 hours, which | 16 | | includes range qualification time under subsection (c) of this | 17 | | Section, that covers the following: | 18 | | (1) firearm safety; | 19 | | (2) the basic principles of marksmanship; | 20 | | (3) care, cleaning, loading, and unloading of a | 21 | | concealable firearm; | 22 | | (4) all applicable State and federal laws relating to | 23 | | the ownership, storage, carry, and transportation of a | 24 | | firearm; and | 25 | | (5) instruction on the appropriate and lawful |
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| 1 | | interaction with law enforcement while transporting or | 2 | | carrying a concealed firearm. | 3 | | (c) An applicant for a new license shall provide proof of | 4 | | certification by a certified instructor that the applicant | 5 | | passed a live fire exercise with a concealable firearm | 6 | | consisting of: | 7 | | (1) a minimum of 30 rounds; and | 8 | | (2) 10 rounds from a distance of 5 yards; 10 rounds | 9 | | from a distance of 7 yards; and 10 rounds from a distance | 10 | | of 10 yards at a B-27 silhouette target approved by the | 11 | | Department. | 12 | | (d) An applicant for renewal of a license shall provide | 13 | | proof of completion of a firearms training course or | 14 | | combination of courses approved by the Department of at least 3 | 15 | | hours. | 16 | | (e) A certificate of completion for an applicant's firearm | 17 | | training course shall not be issued to a student who: | 18 | | (1) does not follow the orders of the certified | 19 | | firearms instructor;
| 20 | | (2) in the judgment of the certified instructor, | 21 | | handles a firearm in a manner that poses a danger to the | 22 | | student or to others; or
| 23 | | (3) during the range firing portion of testing fails to | 24 | | hit the target with 70% of the rounds fired. | 25 | | (f) An instructor shall maintain a record of each student's | 26 | | performance for at least 5 years, and shall make all records |
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| 1 | | available upon demand of authorized personnel of the | 2 | | Department. | 3 | | (g) The Department and certified firearms instructors | 4 | | shall recognize up to 8 hours of training already completed | 5 | | toward the 16 hour training requirement under this Section if | 6 | | the training course is submitted to and approved by the | 7 | | Department. Any remaining hours that the applicant completes | 8 | | must at least cover the classroom subject matter of paragraph | 9 | | (4) of subsection (b) of this Section, and the range | 10 | | qualification in subsection (c) of this Section. | 11 | | (h) A person who has qualified to carry a firearm as an | 12 | | active law enforcement or corrections officer, who has | 13 | | successfully completed firearms training as required by his or | 14 | | her law enforcement agency and is authorized by his or her | 15 | | agency to carry a firearm; a person currently certified as a | 16 | | firearms instructor by this Act or by the Illinois Law | 17 | | Enforcement Training Standards Board; or a person who has | 18 | | completed the required training and has been issued a firearm | 19 | | control card by the Department of Financial and Professional | 20 | | Regulation ; or a sworn State's Attorney or Assistant State's
| 21 | | Attorney authorized by the State's
Attorney, who has completed | 22 | | the required training to be qualified to carry a firearm as a | 23 | | peace officer shall be exempt from the requirements of this | 24 | | Section. | 25 | | (i) The Department and certified firearms instructors | 26 | | shall recognize 8 hours of training as completed toward the 16 |
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| 1 | | hour training requirement under this Section, if the applicant | 2 | | is an active, retired, or honorably discharged member of the | 3 | | United States Armed Forces. Any remaining hours that the | 4 | | applicant completes must at least cover the classroom subject | 5 | | matter of paragraph (4) of subsection (b) of this Section, and | 6 | | the range qualification in subsection (c) of this Section.
| 7 | | (j) The Department and certified firearms instructors | 8 | | shall recognize up to 8 hours of training already
completed | 9 | | toward the 16 hour training requirement under this Section if | 10 | | the training course is approved
by the Department and was | 11 | | completed in connection with the applicant's previous | 12 | | employment as a law
enforcement or corrections officer. Any | 13 | | remaining hours that the applicant completes must at least | 14 | | cover the classroom
subject matter of paragraph (4) of | 15 | | subsection (b) of this Section, and the range qualification in
| 16 | | subsection (c) of this Section. A former law enforcement or | 17 | | corrections officer seeking credit under this subsection (j) | 18 | | shall provide evidence that he or she separated from employment | 19 | | in good standing from each law enforcement agency where he or | 20 | | she was employed. An applicant who was discharged from a law | 21 | | enforcement agency for misconduct or disciplinary reasons is | 22 | | not eligible for credit under this subsection (j). | 23 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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