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90_HB1061ham004
LRB9003954DJcdam02
1 AMENDMENT TO HOUSE BILL 1061
2 AMENDMENT NO. . Amend House Bill 1061, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Family and Personal Protection Act.
7 Section 5. Legislative declaration. The General Assembly
8 finds that as a matter of public policy it is necessary to
9 provide statewide uniform standards for issuing permits to
10 carry concealed firearms and that no person who does not
11 qualify under the provisions of this Act receives a permit to
12 carry concealed firearms. The General Assembly does not
13 delegate to the Department of State Police the authority to
14 regulate or restrict the issuing of concealed firearms
15 permits provided for in this Act beyond those provisions
16 contained in this Act.
17 Section 10. Definitions. As used in this Act:
18 "Concealed firearm" means a handgun carried on or about a
19 person completely or mostly concealed from view of the
20 public, or carried in a vehicle in such a way as it is
21 concealed from view of the public.
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1 "Department" means the Department of State Police.
2 "Director" means Director of State Police.
3 "Fund" means Citizen Safety and Self-Defense Trust Fund.
4 "Handgun" has the meaning ascribed to it in subsection
5 (h) of Section 24-3 of the Criminal Code of 1961.
6 "Permit" means a permit to carry a concealed firearm
7 issued by the Department of State Police.
8 "Permittee" means a person who is issued a permit to
9 carry a concealed firearm by the Department of State Police.
10 Section 15. Citizen Safety and Self-Defense Trust Fund.
11 (a) There is created the Citizen Safety and Self-Defense
12 Trust Fund. The Fund shall be maintained apart from the State
13 Treasury and shall be administered by the Department. Money
14 from federal and State sources may be deposited into the
15 Fund. Fees from applications for new, renewal, corrected and
16 duplicate concealed firearms permits shall be deposited into
17 the Fund. The Department may invest the monies in the Fund,
18 and any income on these investments shall be reinvested in
19 the Fund.
20 (b) The Department shall use the moneys in the Fund
21 exclusively for the administration of this Act.
22 Section 20. Permit for concealed firearms. The Department
23 of State Police is authorized to issue permits to carry
24 concealed firearms to persons qualified as provided in this
25 Act. Permits to carry a concealed firearms shall be valid
26 throughout the State for a period of 3 years from the date of
27 issuance. Any person in compliance with the terms of the
28 permit may carry concealed firearms on or about his or her
29 person. The permittee shall carry the permit at all times the
30 permittee is carrying a concealed firearm and shall display
31 the permit upon the request of a law enforcement officer.
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1 Section 25. Application for permit and qualifications of
2 applicants.
3 (a) If the applicant resides in a county of less than
4 3,000,000 inhabitants (or if the applicant resides in a
5 county of 3,000,000 or more inhabitants but not within any
6 municipality), the application for a permit or renewal of a
7 permit to carry a concealed firearm shall be obtained from
8 the office of the sheriff of the county in which the
9 applicant resides. The completed application and all
10 accompanying material plus an application fee of $100 for a
11 new permit or $75 for a renewal shall be presented to the
12 office of the sheriff of the county in which the applicant
13 resides.
14 The sheriff shall transmit the application, accompanying
15 material, and application fees to the Department of State
16 Police within 10 working days. Twenty dollars of the
17 application fee shall be retained by the office of the
18 sheriff for official expenses of the office.
19 The sheriff may submit specific and articulable reasons
20 to the Department in objection to an application for a
21 concealed firearms permit. He or she shall articulate the
22 recommendation for denial in a written report and transmit
23 that report to the Department of State Police within 10
24 working days. The Department of State Police shall maintain
25 the report which shall be available to the applicant for a
26 concealed firearms permit.
27 (a-5) If the applicant resides in a county of 3,000,000
28 or more inhabitants and within a municipality, the
29 application for a permit or renewal of a permit to carry a
30 concealed firearm shall be obtained from the municipal police
31 department and the duties imposed upon the county sheriff
32 under subsection (a) shall be imposed upon the municipal
33 police chief of the municipality in which the applicant
34 resides. The municipal police department shall retain $20 of
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1 the application fee for official expenses of the department.
2 (b) The Department of State Police, upon a person's
3 application for a concealed firearms permit, upon receipt of
4 the appropriate fees, and after compliance with the
5 procedures set out in this Section, shall issue the applicant
6 a concealed firearms permit if the person:
7 (i) Is at least 21 years of age;
8 (ii) Resides within the State of Illinois and has been a
9 resident for the last 6 months and is a permanent resident
10 of the United States;
11 (iii) Has not been convicted of a crime punishable by
12 imprisonment for a term exceeding one year, or of a
13 misdemeanor evidencing violence, is not free on any form of
14 bond or pretrial release, and has no outstanding warrants
15 for those crimes;
16 (iv) Has no record of mental disease or mental illness
17 on file with the Department of State Police that would
18 evidence incapacity, or lack of proper mental capacity;
19 (v) Has not been committed to a state or federal
20 facility for the abuse of a controlled substance or cannabis
21 or has not been convicted of a misdemeanor violation of the
22 Illinois Controlled Substances Act or Cannabis Control Act or
23 similar laws of any other state relating to controlled
24 substances or cannabis within a 10 year period immediately
25 preceding the date on which the application is submitted; and
26 (vi) Does not chronically and habitually use alcoholic
27 beverages as evidenced by the applicant having 2 or more
28 convictions for violating Section 11-501 of the Illinois
29 Vehicle Code or similar provision of a local ordinance within
30 5 years preceding his or her application or if the applicant
31 has elected treatment under the supervision of a licensed
32 program in accordance with the Alcoholism and other Drug
33 Abuse and Dependency Act or similar laws of any other state
34 within a 5 year period immediately preceding the date on
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1 which the application is submitted.
2 Section 30. Contents of application. The initial
3 application shall be in writing, under oath and under the
4 penalties of perjury, on a standard form promulgated by the
5 Department of State Police and shall be accompanied by the
6 appropriate fees and required documentation. The application
7 shall contain only the following information:
8 (i) the applicant's name, address, gender, and date and
9 place of birth;
10 (ii) a head and shoulder color photograph taken within
11 30 days preceding the date on which the application is
12 submitted;
13 (iii) questions to certify or demonstrate the applicant
14 has completed a firearms and deadly use of force training
15 and education prerequisites specified under this Act;
16 (iv) a statement that the applicant is a resident of the
17 State of Illinois and has been a resident for the last 6
18 months and is a permanent resident of the United States;
19 (v) a waiver of privacy and confidentiality rights and
20 privileges enjoyed by the applicant under all federal and
21 state laws governing access to juvenile court, criminal
22 justice, psychological or psychiatric records, or records
23 relating to the applicant's history of institutionalization,
24 and an affirmative request that any person having custody of
25 any such record provide it or information concerning it to
26 the Department;
27 (vi) a conspicuous warning that false statements made by
28 the applicant will result in prosecution for perjury in
29 accordance with Section 32-2 of the Criminal Code of 1961;
30 (vii) An affirmation that the applicant is at least 21
31 years of age, that the applicant posses a currently valid
32 Illinois Firearm Owner's Identification Card, together with
33 the card number or is applying for the card in conjunction
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1 with the concealed firearms permit application;
2 (viii) An affirmation that the applicant has never been
3 convicted of any felony or of a misdemeanor involving the
4 use or threat of physical force or violence to any person;
5 and has never been adjudicated a delinquent minor for an
6 offense which, had he or she been tried as an adult would
7 have been such a felony or misdemeanor;
8 (ix) The application shall also contain the following
9 statement along with a signature line for use by the
10 applicant, which statement the applicant shall affirm under
11 oath "I the undersigned state, under oath and subject to the
12 penalty of perjury, that I am not a streetgang member as
13 defined in Section 10 of the Illinois Streetgang Terrorism
14 Omnibus Prevention Act, and I will not join or become
15 associated with a criminal streetgang.".
16 Section 35. Submission of identifying information; fee.
17 In addition to the completed application, the applicant must
18 also submit the following to the sheriff of the county in
19 which the applicant resides. The sheriff shall submit the
20 information to the Department of State Police:
21 (i) A head and shoulder color photograph as required by
22 Section 30 in a size specified by the Department of State
23 Police taken within 30 days preceding the date on which the
24 application is submitted;
25 (ii) A non-refundable permit fee of $100 if he or she
26 has not previously been issued such a permit by the
27 Department of State Police, or a non-refundable permit fee of
28 $75 for each renewal of a permit of which $20 shall be
29 retained by the sheriff or, if the applicant resides within a
30 municipality in a county of 3,000,000 or more inhabitants, by
31 the municipal police department.
32 (iii) A full set of legible fingerprints administered to
33 the applicant by the Department of State Police, or any other
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1 federal, State, county or municipal law enforcement agency.
2 Any cost of fingerprinting shall be paid by the applicant.
3 (iv) A photocopy of a certificate or other evidence of
4 completion of a course to show compliance with Section 90 of
5 this Act.
6 Section 40. Approval of application.
7 (a) If the Department of State Police finds that the
8 applicant possesses a valid Firearm Owner's Identification
9 Card, meets the training requirements of this Act and has
10 provided the documentation and paid the fees required for
11 issuance of a concealed firearms permit, and that, as nearly
12 as it is possible to determine, nothing in the applicant's
13 background or present circumstances disqualify him or her
14 from possessing a firearm in Illinois, it shall approve the
15 application and issue the applicant a wallet sized permit
16 bearing the photograph of the applicant within 90 days.
17 (b) The Department may consider any objection or
18 recommendation made by the sheriff or municipal police
19 department supported by specific and articulable reasons, in
20 a written report, why the applicant should be denied a permit
21 and may deny the permit based solely on those objections.
22 (c) If the applicant is found to be ineligible, the
23 Department of State Police shall deny the application, and
24 notify the applicant in writing, stating the grounds for
25 denial and informing the applicant of the right to submit,
26 within 30 days, any additional documentation relating to the
27 grounds of the denial. Upon receiving any additional
28 documentation, the Department of State Police shall
29 reconsider its decision and inform the applicant within 30
30 days of the result of the reconsideration. The applicant
31 shall further be informed of the right to appeal the denial
32 in the circuit court of his or her place of residence.
33 (d) The Department of State Police shall maintain an
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1 automated listing of permit holders and pertinent
2 information, and this information shall be available on-line,
3 upon request, at all times to all Illinois law enforcement
4 agencies. Except as provided in this subsection, information
5 on applications for permits, names and addresses, or other
6 identifying information relating to permit holders shall be
7 confidential and shall not be made available except to law
8 enforcement agencies. Requests for information about any
9 permit holder made by persons other than a bona fide law
10 enforcement agency shall be made to the Department of State
11 Police together with any fee required for the providing of
12 information. The Department of State Police shall, upon
13 proper application and the payment of the required fee,
14 provide to the requester in written form only, a list of
15 names of any or all holders in the State of Illinois licensed
16 to carry a concealed firearm. No identifying information
17 other than the name shall be provided, and information for
18 geographic areas or other subdivisions of any type from the
19 list shall not be provided, except to a bona fide law
20 enforcement agency, and shall be confidential. No requests
21 for lists of local or statewide permit holders shall be made
22 to any state or local law enforcement agency. No other
23 agency of government other than the Department of State
24 Police shall provide any information to a requester not
25 entitled to it by law. The names of all persons, other than
26 law enforcement agencies and peace officers, requesting
27 information under this Section shall be public records.
28 Section 45. Revocation of a permit.
29 A permit issued under Section 40 shall be suspended or
30 revoked if the permit holder becomes ineligible to be issued
31 a permit under the criteria set forth in subsection (b)(i),
32 (ii), (iii), (iv), (v), and (vi) of Section 25 or subsection
33 (b) of Section 40 of this Act. When an order of protection
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1 is issued under the provisions of Section 112A-14 of the Code
2 of Criminal Procedure of 1963 or the Illinois Domestic
3 Violence Act of 1986 against a person holding a permit issued
4 under this Act, the holder of the permit shall surrender the
5 permit to the court or to the officer serving the order. The
6 officer to whom the permit is surrendered shall forthwith
7 transmit the permit to the court issuing the order. The
8 permit shall be suspended until the order is terminated.
9 Section 50. Notification of renewal. Not later than 120
10 days before the expiration of any permit issued under this
11 Act, the Department of State Police shall notify the permit
12 holder in writing of the expiration and furnish an
13 application for renewal of the permit.
14 Section 55. Renewal of permit.
15 (a) The permit shall be renewed for a qualified
16 applicant upon receipt of the properly completed renewal
17 application and required renewal fee. The renewal application
18 shall contain the same required information as set forth in
19 paragraphs (i) through (ix) of Section 30, except that in
20 lieu of the firearm education and use of deadly force
21 training, the applicant need only demonstrate previous
22 issuance of and continued eligibility for a concealed
23 firearms permit.
24 (b) A permittee who fails to file a renewal application
25 on or before its expiration date must pay an additional late
26 fee of $25. A person who fails to renew his or her
27 application within 6 months after it's expiration must
28 reapply for a new permit and pay the fee for a new
29 application.
30 Section 60. Change of Address, change of name or lost or
31 destroyed permits.
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1 (a) Within 30 days after the changing of a permanent
2 residence, or within 30 days after loss or destruction of a
3 concealed firearms permit, the permittee shall notify the
4 Department of State Police of the loss, destruction, change
5 of name, or change of residence. Failure to notify the
6 Department of State Police shall constitute a noncriminal
7 violation with a penalty of $25 payable to the Department of
8 State Police.
9 (b) If a person issued a permit to carry a concealed
10 firearm changes residence within this State, or changes his
11 or her name, the person to whom the permit was issued may
12 upon payment of $25 to the Department of State Police obtain
13 a corrected concealed firearms permit with a change of
14 address or change of name upon furnishing a notarized
15 statement to the Department of State Police that the
16 permittee has changed residence, or his or her name and upon
17 submission of an application as set forth in Section 25 and
18 photograph as set forth in paragraph (ii) of Section 30 of
19 this Act. A concealed firearms permit shall be automatically
20 invalid after 30 days if the permittee has not notified the
21 Department of State Police of a change of residence.
22 (c) If a permit to carry a concealed firearm is lost or
23 destroyed, the permit shall be automatically invalid, and the
24 person to whom the permit was issued may upon payment of $25
25 to the Department of State Police obtain a duplicate, and
26 upon furnishing a notarized statement to the Department of
27 State Police that the permit was lost or destroyed, and
28 submission of an application as set forth in Section 25 and
29 photograph as set forth in paragraph (ii) of Section 30 of
30 this Act.
31 Section 65. Reciprocity. A person who holds a valid
32 permit or license issued by another state of the United
33 States whose home state permits Illinois residents to obtain
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1 a permit or license to carry a concealed firearm in that
2 state may apply directly to the Department of State Police
3 for a permit to carry a concealed firearm in Illinois. The
4 Department of State Police shall take whatever steps are
5 necessary to verify that the person applying has a valid
6 permit or license to carry a concealed firearm issued by his
7 or her home state.
8 Section 70. Concealed firearms permit.
9 (a) A concealed firearm permit shall authorize the
10 person in whose name the permit is issued to carry concealed
11 firearms on or about his or her person or vehicle throughout
12 the State. No permit issued under this Section shall
13 authorize any person to carry a concealed firearm into or
14 upon:
15 (i) The property of any police, sheriff, or highway
16 patrol, office or station.
17 (ii) The property of any adult or juvenile detention or
18 correctional facility, prison, or jail.
19 (iii) Any courthouse, solely occupied by the Circuit,
20 Appellate, or Supreme Court or a courtroom of any of those
21 courts, or court proceeding, except that nothing in this
22 Section shall preclude a judge, holding a concealed firearm
23 permit, from carrying a concealed firearm.
24 (iv) Any meeting of the governing body of a unit of
25 local government; or any meeting of the General Assembly or a
26 committee of the General Assembly, except that nothing in
27 this Section shall preclude a member of the body, holding a
28 concealed firearms permit from carrying a concealed firearm
29 at a meeting of the body which he or she is a member.
30 (v) Any building exclusively used by a unit of local
31 government except those buildings used for public housing by
32 private persons.
33 The General Assembly, county, or municipality may by
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1 statute, administrative regulation, or ordinance, prohibit or
2 limit the carrying of concealed firearms by permit holders in
3 that portion of a building owned, leased or controlled by
4 that unit of government. That portion of a building in which
5 the carrying of concealed firearms is prohibited or limited
6 shall be clearly identified by signs posted at the entrance
7 to the restricted area. The statute or ordinance shall exempt
8 any building used for public housing by private persons,
9 highways or rest areas, firing ranges, and private dwellings
10 owned, leased, or controlled by that unit of government from
11 any restriction on the carrying or possession of a firearm.
12 The statute or ordinance shall not specify any criminal
13 penalty for its violation but may specify that persons
14 violating the statute or ordinance may be denied entrance to
15 the building, ordered to leave the building and if the
16 employees of the unit of government, be subjected to
17 disciplinary measures for violation of the provisions of the
18 statute or ordinance. The provisions of this Section shall
19 not apply to any other unit of government.
20 (vi) Any portion of an establishment licensed to
21 dispense beer or alcoholic beverages for consumption on the
22 premises, which portion of the establishment is primarily
23 devoted to that purpose.
24 This paragraph (vi) does not apply to any bona fide
25 restaurant open to the general public having dining
26 facilities for not less than 50 persons and which receives
27 at least 50% of its gross annual income from the dining
28 facilities by the sale of food.
29 (vii) Any area of an airport to which access is
30 controlled by the inspection of persons and property.
31 (viii) Any place where the carrying of a firearm is
32 prohibited by federal law.
33 (ix) Any elementary or secondary school facility without
34 the consent of school authorities.
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1 (x) Any portion of a building used as a child care
2 facility without the consent of the manager. Nothing in this
3 Section shall prevent the operator of a child care facility
4 in a family home from owning or possessing a firearm or
5 permit.
6 (xi) A riverboat gambling operation or horse racing
7 facility accessible by the public.
8 (xii) Any gated area of an amusement park.
9 (xiii) Any stadium, arena or collegiate or professional
10 sporting event.
11 (xiv) A church or other place of religious worship.
12 A violation of this subsection (a) is a Class A
13 misdemeanor.
14 A concealed firearm permit does not authorize the
15 concealed carrying or transportation of a stun gun or taser.
16 (b) The owner, business or commercial lessee, manager of
17 a private business enterprise, or any other organization,
18 entity, or person may prohibit persons holding a permit for
19 concealed firearms from carrying concealed firearms on the
20 premises and may prohibit employees, not authorized by the
21 employer, holding a permit for concealed firearms from
22 carrying concealed firearms on the property of the employer.
23 If the building or the premises are open to the public, the
24 employer of the business enterprise shall post signs on or
25 about the premises if carrying a concealed firearm is
26 prohibited. Possession of a firearm in a vehicle on the
27 premises shall not be a criminal offense so long as the
28 firearm is not removed from the vehicle or brandished while
29 the vehicle is on the premises. An employer may prohibit
30 employees or other persons holding a permit for a concealed
31 firearm from carrying a concealed firearm in vehicles owned
32 by the employer. Carrying of a concealed firearm in a
33 location specified in this subsection by a permit holder
34 shall not be a criminal act but may subject the person to
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1 denial to the premises or removal from the premises.
2 Section 75. Immunity of Department, sheriff, municipal
3 police department, and their employees and agents. The
4 Department of State Police, office of the county sheriff, or
5 municipal police department or any employee or agent of the
6 Department of State Police, county sheriff, or municipal
7 police department, shall not be liable for damages in any
8 civil action arising from alleged wrongful or improper
9 granting, renewing, or failure to revoke permits issued under
10 this Act. The office of the county sheriff or municipal
11 police department or any employee or agent of the office of
12 the county sheriff or municipal police department shall not
13 be liable for submitting specific and articulable reasons why
14 an applicant should be denied a permit.
15 Section 80. Severability. The provisions of this Act are
16 severable under Section 1.31 of the Statute on Statutes.
17 Section 85. Fees. Fees collected under this Act and
18 deposited into the Citizen Safety and Self-Defense Trust Fund
19 shall be used exclusively for administrating the provisions
20 of this Act; except that, commencing January 1, 1999, any
21 excess monies in the Fund may be used to ensure the prompt
22 and efficient processing of applications received under
23 Section 30 of this Act.
24 (i) Fees for a concealed firearms permit shall be:
25 New permit..$100
26 Renewal..$75
27 Duplicate due to lost or destroyed..$25
28 Corrected permit due to change of address or name..$25
29 Late renewal fee..$25
30 (ii) The Secretary of State shall conduct a study, to
31 determine the cost and feasibility of creating a method of
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1 adding an identifiable code, background, or other means to
2 show that an individual has been issued a permit to carry a
3 concealed firearm by the Department of State Police. By March
4 1 of each year, the Department of State Police shall submit a
5 statistical report to the Governor, the President of the
6 Senate and the Speaker of the House of Representatives,
7 indicating the number of permits issued, revoked, suspended,
8 denied and issued after appeal since the last report and in
9 total and also the number of permits currently valid. The
10 report shall also include the number of arrests, convictions
11 and types of crimes since the last report by individuals
12 issued permits to carry a concealed firearm.
13 Section 90. Applicant training.
14 (a) The applicant training course shall be the
15 standardized training course furnished by the Department and
16 taught by a qualified firearms instructor, consisting of:
17 (1) Twelve hours of classroom instruction, covering
18 at least the following topics:
19 (i) handgun safety in the classroom, at home,
20 on the firing range or while carrying the firearm;
21 (ii) the basic principles of marksmanship;
22 (iii) care and cleaning of handguns; and
23 (iv) by means of a videotape produced or
24 approved by the Department:
25 (A) the requirements for obtaining a
26 concealed firearms permit in this State;
27 (B) laws relating to firearms as
28 prescribed in the Firearm Owners Identification
29 Card Act, Article 24 of the Criminal Code of
30 1961, and 18 U.S.C. 921 through 930;
31 (C) laws relating to the justifiable use
32 of force as prescribed in Article 7 of the
33 Criminal Code of 1961.
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1 (2) live firing exercises of sufficient duration
2 for each applicant to fire a handgun:
3 (i) from a standing position;
4 (ii) a minimum of 20 rounds;
5 (iii) at a distance from a B-21 silhouette
6 target, or an equivalent as approved by the
7 Department, of 7 yards.
8 (b) The classroom portion of the course may be, at the
9 qualified firearms instructor's discretion, divided into
10 segments of not less than 2 hours each.
11 (c) (1) An applicant training course shall not be open
12 to persons who are less than 21 years of age.
13 (2) An applicant training course students shall
14 complete a course application form, which shall include a
15 statement acknowledging receipt of copies of pertinent
16 statutory provisions listed in clauses (A), (B), and (C)
17 of subparagraph (iv) of paragraph (1) of subsection (a)
18 and a liability waiver.
19 (3) The course application form may be obtained
20 from the qualified firearms instructor at the time of the
21 course.
22 (d) Qualified firearms instructors shall not discuss the
23 content of the video tape or the content of the statutory
24 provisions listed in clauses (A), (B), and (C) of
25 subparagraph (iv) of paragraph (1) of subsection (a) with
26 students, either individually or as a class.
27 (e) At the conclusion of the classroom portion of the
28 applicant training course, the qualified firearms instructor
29 shall:
30 (1) distribute a standard course examination to the
31 students;
32 (2) not leave the room in which the examination is
33 being held while the examination is in progress;
34 (3) collect examination booklets and answer sheets
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1 from each student at the end of the examination period;
2 (4) not grade the examinations in the presence of
3 students; and
4 (5) not divulge an applicant's numeric score on the
5 day of the examination, but may indicate whether an
6 applicant passed or failed the examination.
7 (f) A person shall not:
8 (1) Make an unauthorized copy of the applicant
9 training course examination, in whole or in part;
10 (2) Possess the applicant training course
11 examination, or questions from the examination, unless
12 authorized by the Department; or
13 (3) Divulge the contents of an applicant training
14 course examination questions to another person.
15 (g) (1) Students shall provide their own safe,
16 functional handgun and factory-loaded ammunition.
17 (2) Prior to conducting range firing, the certified
18 firearms instructor shall:
19 (i) inspect each applicant's firearm; and
20 (ii) not allow the firing of a handgun that is
21 not in sound mechanical condition or otherwise may
22 pose a safety hazard.
23 (h) Grades of "passing" shall not be given on range work
24 to an applicant who:
25 (1) does not follow the orders of the certified
26 firearms instructor;
27 (2) in the judgment of the certified firearms
28 instructor, handles a firearm in a manner that poses a
29 danger to the applicant or to others; or
30 (3) during the testing portion of the range work
31 fails to hit the silhouette portion of the target with a
32 majority of 20 rounds.
33 (i) Certified firearms instructors shall:
34 (1) allow monitoring of their classes by officials
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1 of any certifying agency;
2 (2) make all course records available upon demand
3 to authorized personnel of the Department; and
4 (3) not divulge course records except as authorized
5 by the certifying agency.
6 (j) (1) Fees for applicant training courses shall not
7 exceed $75 per student.
8 (2) Qualified firearms instructors shall collect
9 the fee and remit $25 of the fee to the Department.
10 (3) Fees shall not be refunded to students who fail
11 or otherwise do not complete the course.
12 (k) An applicant training course shall not have more
13 than 40 students in the classroom portion or more than 5
14 students per range officer engaged in range firing.
15 (l) Within 3 working days after the completion of the
16 course, the certified firearms instructor shall:
17 (1) grade the examinations and
18 (2) mail to the Department:
19 (i) the completed course application
20 form, showing the student's score on the
21 written examination and indicating whether
22 the student passed or failed the range
23 work, and
24 (ii) the graded examinations.
25 (m) Within 15 days after receipt of the material
26 described in section (1), the Department shall mail to the
27 applicant:
28 (i) A certificate of successful course completion;
29 or
30 (ii) Notification that the applicant has failed the
31 course and will not be certified.
32 (n) A student shall be issued a certificate of
33 completion if he or she:
34 (i) answers at least 70% of the written examination
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1 questions correctly; and
2 (ii) achieves a grade of "passing" on the range
3 work.
4 (o) (i) Students who score below 70% on the written
5 examination may retake the examination one time without
6 having to retake the course.
7 (ii) Students who do not achieve a grade of
8 "passing" on the range work may repeat the range work one
9 time without having to retake the course.
10 (iii) Notices of failure will include information
11 on whether the student failed the written exam, the range
12 firing, or both.
13 Section 95. Firearms instructors training.
14 (a) Persons who are not qualified firearms instructors
15 shall not teach applicant training courses.
16 (b) Persons who are not qualified firearms instructors
17 shall not advertise or otherwise represent courses they teach
18 as qualifying their students to meet the requirements to
19 receive a permit to carry concealed firearms in this State.
20 (c) Persons who are not certified instructor trainers
21 shall not teach instructor qualification courses.
22 (d) Persons wishing to become qualified firearms
23 instructors shall:
24 (1) be at least 21 years of age;
25 (2) be a citizen of the United States; and
26 (3) meet the requirements of subsection (b) of
27 Section 25.
28 (e) Persons wishing to become instructor trainers, in
29 addition to the requirements of subsection (d) of this
30 Section, shall:
31 (1) possess a high school diploma or GED
32 certificate,
33 (2) have at least one of the following valid
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1 firearms instructor certifications:
2 (I) National Rifle Association Personal
3 Protection Instructor;
4 (II) National Rifle Association Pistol
5 Marksmanship Instructor;
6 (III) Certification from a firearms
7 instructor's course offered by a State or federal
8 governmental agency; or
9 (IV) A similar firearms instructor qualifying
10 course, approved the Director of State Police or his
11 or her designee.
12 (f) (1) Applicants shall agree to background checks.
13 (2) An applicant may be disqualified from taking
14 firearms instructor training, or have his or her
15 instructor qualification revoked if the applicant:
16 (A) does not meet the requirements of this Act
17 to possess a concealed firearms permit;
18 (B) provides false or misleading information
19 on the application; or
20 (C) has had a prior instructor qualification
21 revoked by the Department.
22 (g) The training course to certify firearms instructors
23 and instructor trainers shall include:
24 (1) Sixteen hours of classroom instruction covering
25 at least the following topics:
26 (i) By means of a videotape produced or
27 approved by the Department:
28 (A) the requirements for obtaining a concealed
29 firearms permit in this State;
30 (B) laws relating to firearms as contained in
31 the Firearm Owners Identification Card Act, Article
32 24 of the Criminal Code of 1961, and 18 U.S.C. 921
33 through 930.
34 (C) laws relating to the justifiable use of
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1 force as contained in Article 7 of the Criminal Code
2 of 1961;
3 (D) the conduct of applicant training courses;
4 (E) record-keeping requirements of this Act;
5 (F) the basic nomenclature of handguns;
6 (G) the basic principles of marksmanship; and
7 (H) the safe handling of handguns.
8 (2) A classroom demonstration, during which the
9 instructor candidate shall receive instruction on and
10 demonstrate competency in the ability to prepare and
11 deliver a classroom presentation using materials from the
12 applicant curriculum.
13 (3) Range instruction and firing of live
14 ammunition, during which the instructor candidate shall
15 receive instruction on and demonstrate competency in the
16 ability to:
17 (i) handle and fire a handgun safely and
18 accurately;
19 (ii) conduct a function test and safety
20 inspection of common types of handguns;
21 (iii) clean common types of handguns; and
22 (iv) supervise and conduct live firing
23 exercises in a safe and efficient manner.
24 (h) To qualify as a certified firearms instructor or
25 instructor trainer, instructor candidates shall achieve:
26 (1) A minimum score of 70% on a written examination
27 covering the material taught during the classroom portion
28 of the course;
29 (2) A minimum score of 80% on range firing of a
30 handgun from the standing position while aiming at a B-21
31 PC silhouette target or an equivalent as approved by the
32 Department, with a minimum of:
33 (i) ten rounds from 7 yards; and
34 (ii) ten rounds from 15 yards; and
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1 (iii) a score of "passing" from the
2 course instructor for demonstrating competency
3 in each of the following:
4 (A) Supervising and conducting live fire;
5 (B) Cleaning and inspecting handguns; and
6 (C) Preparing and delivering the classroom
7 lecture.
8 (i) Instructor candidates who fail to meet the minimum
9 requirements of subsection (h) of this Section may retake the
10 examination, range work, or classroom demonstration one time
11 without having to repeat the course.
12 (j) Qualified firearms instructor and instructor trainer
13 certificates shall be valid for 3 years from date of issue.
14 Qualified firearms instructors or instructor trainers may
15 renew their certification by successfully completing a
16 refresher course offered or approved by the Department.
17 (k) The fees for instructor trainer or refresher courses
18 shall be $100 per student.
19 (1) The fees for qualified instructor courses shall
20 be no more than $100 per student. The instructor trainer
21 shall remit $50 per student to the Department.
22 (2) Fees shall not be refunded to those who do not
23 pass or otherwise fail to complete a course.
24 (l) Course participants shall provide their own safe,
25 functional handgun and factory-loaded ammunition.
26 (m) Prior to conducting range firing, the course
27 instructor shall:
28 (i) inspect each applicant's firearm; and
29 (ii) not allow the firing of a handgun which is not
30 in sound mechanical condition or otherwise may pose a
31 safety hazard.".