Full Text of HB6225 97th General Assembly
HB6225 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6225 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that it is an affirmative defense to a violation of the unlawful use of weapons statute or the aggravated unlawful use of a weapon statute relating to the unlawful carrying or possession of a firearm in a vehicle or concealed on or about one's person if, at the time of the violation, the individual who is charged with the violation: (1) possessed a valid Firearm Owner's Identification Card, and had successfully completed a gun safety course approved by the Department of State Police that meets specified statutory requirements or (2) possessed a valid concealed carry license or permit issued by another state. Establishes the requirements for the gun safety courses and the qualifications of instructors. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB6225 | | LRB097 22660 RLC 71442 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by by | 5 | | adding Section 24-11 as follows: | 6 | | (720 ILCS 5/24-11 new) | 7 | | Sec. 24-11. Affirmative defense to unlawful and aggravated | 8 | | unlawful use of weapons provisions; concealed carry license or | 9 | | permit issued by another state and firearms training by State | 10 | | residents. | 11 | | (a) It is an affirmative defense to a violation of | 12 | | subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of | 13 | | this Code if, at the time of the violation, the individual who | 14 | | is charged with the violation: | 15 | | (1) possessed a valid Firearm Owner's Identification | 16 | | Card, and had successfully completed a gun safety course | 17 | | approved by the Department of State Police that meets the | 18 | | requirements described in subsections (b) through (l) of | 19 | | this Section; or | 20 | | (2) possessed a valid concealed carry license or permit | 21 | | issued by another state. | 22 | | (b) A person asserting the affirmative defense described in | 23 | | paragraph (1) of subsection (a) of this Section shall, at or |
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| 1 | | prior to trial, provide to the court proof of completion of at | 2 | | least one of the following courses: | 3 | | (1) NRA Basic Personal Protection In The Home Course; | 4 | | (2) NRA Basics of Personal Protection Outside The Home | 5 | | Course; | 6 | | (3) NRA Basic Pistol Shooting Course; or | 7 | | (4) any other firearms training course of at least 4 | 8 | | hours duration that covers the following: | 9 | | (A) handgun safety in the classroom, at home, on | 10 | | the firing range, and while carrying the firearm; | 11 | | (B) the basic principles of marksmanship; | 12 | | (C) care and cleaning of handguns; and | 13 | | (D) laws relating to the justifiable use of force. | 14 | | (c) A person asserting the affirmative defense provided in | 15 | | paragraph (1) of subsection (a) of this Section shall, at or | 16 | | prior to trial, provide to the court proof of certification by | 17 | | a certified firearms instructor that the person passed a live | 18 | | fire exercise with a handgun consisting of: | 19 | | (1) a minimum of 30 rounds; and | 20 | | (2) 20 rounds from a distance of 7 yards and 10 rounds | 21 | | from a distance of 15 yards at a B-21 silhouette or | 22 | | equivalent target as approved by the Department of State | 23 | | Police. | 24 | | (d) Students shall provide their own safe, functional | 25 | | handgun and factory-loaded ammunition. | 26 | | (e) Grades of "passing" shall not be given on range work to |
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| 1 | | a person who: | 2 | | (1) does not follow the orders of the certified | 3 | | firearms instructor; | 4 | | (2) in the judgment of the certified firearms | 5 | | instructor, handles a firearm in a manner that poses a | 6 | | danger to the person or to others; or | 7 | | (3) during the testing portion of the range work fails | 8 | | to hit the silhouette portion of the target with 70% of the | 9 | | 30 rounds fired. | 10 | | (f) The classroom portion of the course may, at the | 11 | | certified firearms instructor's discretion, be divided into | 12 | | segments of not less than 2 hours each. | 13 | | (g) Training courses shall not be open to anyone under the | 14 | | age of 16 and no certificate of completion shall be issued to | 15 | | persons less than 21 years of age. | 16 | | (h) Certified firearms instructors shall maintain all | 17 | | records for students' performance for not less than 5 years. | 18 | | (i) Certified firearms instructors shall: | 19 | | (1) allow monitoring of their classes by officials of | 20 | | any certifying agency; | 21 | | (2) make all course records available upon demand to | 22 | | authorized personnel of the Department of State Police; and | 23 | | (3) not divulge course records except as authorized by | 24 | | the certifying agency. | 25 | | (j) Fees for the course shall be set by the certified | 26 | | firearms instructor. |
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| 1 | | (k) A course shall not have more than 40 students in the | 2 | | classroom portion nor more than 5 students per range officer | 3 | | engaged in range firing. For the purposes of this subsection | 4 | | (k), "range officer" means a person who is in charge of all or | 5 | | part of a firearms range and supervises firing on the range. | 6 | | (l) Persons with the following training or certifications | 7 | | are exempt from the requirements of subsection (b): | 8 | | (1) an NRA certified instructor; | 9 | | (2) an individual who has qualified to carry a firearm | 10 | | as a retired law enforcement officer; | 11 | | (3) an active, retired, or honorably discharged member | 12 | | of the armed forces who held a combat-related military | 13 | | occupation specialty (MOS); or | 14 | | (4) an individual certified as a law enforcement | 15 | | instructor by the Illinois Law Enforcement Training | 16 | | Standards Board or other equivalent agency. | 17 | | (m) Not later than 30 days after the effective date of this | 18 | | amendatory Act of the 97th General Assembly, the Department of | 19 | | State Police shall establish a registry of certified firearms | 20 | | instructors who are eligible to teach courses or sign off on | 21 | | range qualifications, or both, to meet the requirements of | 22 | | subsections (b) through (l). | 23 | | (n) Certified firearms instructors shall be eligible to | 24 | | teach courses and to certify range qualifications if they have | 25 | | one of the following valid firearms instructor certifications: | 26 | | (1) National Rifle Association Personal Protection |
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| 1 | | Instructor; | 2 | | (2) National Rifle Association Pistol Marksmanship | 3 | | Instructor; | 4 | | (3) National Rifle Association Law Enforcement Firearm | 5 | | Instructor with a certification for handguns; | 6 | | (4) certification from a firearms instructor's course | 7 | | offered by a State or federal governmental agency; or | 8 | | (5) a similar firearms instructor qualifying
course | 9 | | approved by the Illinois Law Enforcement Training | 10 | | Standards Board. | 11 | | (o) Certified firearms instructors who are eligible to | 12 | | teach courses and certify range qualifications shall be at | 13 | | least 21 years of age
and possess at least a high school | 14 | | diploma or GED certificate. | 15 | | (p) A certified firearms instructor may have his or her | 16 | | eligibility to teach courses or to certify range qualifications | 17 | | revoked if the person: | 18 | | (1) does not meet the requirements of subsections (n) | 19 | | and (o); | 20 | | (2) provides false or misleading information to the | 21 | | Illinois Law Enforcement Training Standards Board or other | 22 | | certifying organization; or | 23 | | (3) has had a prior instructor qualification revoked by | 24 | | the Illinois Law Enforcement Training Standards Board or | 25 | | other certifying organization. | 26 | | (q) A person asserting the affirmative defense described in |
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| 1 | | paragraph (2) of subsection (a) shall, at or prior to trial, | 2 | | provide to the court a copy of his or her concealed carry | 3 | | license or permit issued in another state.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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