98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4517

 

Introduced , by Rep. Kenneth Dunkin

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that a concealed carry licensee under the Act shall not knowingly carry a firearm on or into any building, real property, and parking area under the control of a restaurant. Defines "restaurant".


LRB098 19097 RLC 54247 b

 

 

A BILL FOR

 

HB4517LRB098 19097 RLC 54247 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm 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

 

 

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1    building under the control of an officer of the executive
2    or legislative branch of government, provided that nothing
3    in this paragraph shall prohibit a licensee from carrying a
4    concealed firearm onto the real property, bikeway, or trail
5    in a park regulated by the Department of Natural Resources
6    or any other designated public hunting area or building
7    where firearm possession is permitted as established by the
8    Department of Natural Resources under Section 1.8 of the
9    Wildlife Code.
10        (4) Any building designated for matters before a
11    circuit court, appellate court, or the Supreme Court, or
12    any building or portion of a building under the control of
13    the Supreme Court.
14        (5) Any building or portion of a building under the
15    control of a unit of local government.
16        (6) Any building, real property, and parking area under
17    the control of an adult or juvenile detention or
18    correctional institution, prison, or jail.
19        (7) Any building, real property, and parking area under
20    the control of a public or private hospital or hospital
21    affiliate, mental health facility, or nursing home.
22        (8) Any bus, train, or form of transportation paid for
23    in whole or in part with public funds, and any building,
24    real property, and parking area under the control of a
25    public transportation facility paid for in whole or in part
26    with public funds.

 

 

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1        (9) Any building, real property, and parking area under
2    the control of an establishment that serves alcohol on its
3    premises, if more than 50% of the establishment's gross
4    receipts within the prior 3 months is from the sale of
5    alcohol. The owner of an establishment who knowingly fails
6    to prohibit concealed firearms on its premises as provided
7    in this paragraph or who knowingly makes a false statement
8    or record to avoid the prohibition on concealed firearms
9    under this paragraph is subject to the penalty under
10    subsection (c-5) of Section 10-1 of the Liquor Control Act
11    of 1934.
12        (9.5) Any building, real property, and parking area
13    under the control of a restaurant. As used in this
14    paragraph (9.5), "restaurant" means: (A) an eating
15    establishment, including, but not limited to, a coffee
16    shop, cafeteria, and a sandwich stand that gives or offers
17    for sale food to the public, guests, or employees, and (B)
18    a kitchen or catering facility in which food is prepared on
19    the premises for serving elsewhere. "Restaurant" includes
20    a bar area within the restaurant.
21        (10) Any public gathering or special event conducted on
22    property open to the public that requires the issuance of a
23    permit from the unit of local government, provided this
24    prohibition shall not apply to a licensee who must walk
25    through a public gathering in order to access his or her
26    residence, place of business, or vehicle.

 

 

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1        (11) Any building or real property that has been issued
2    a Special Event Retailer's license as defined in Section
3    1-3.17.1 of the Liquor Control Act during the time
4    designated for the sale of alcohol by the Special Event
5    Retailer's license, or a Special use permit license as
6    defined in subsection (q) of Section 5-1 of the Liquor
7    Control Act during the time designated for the sale of
8    alcohol by the Special use permit license.
9        (12) Any public playground.
10        (13) Any public park, athletic area, or athletic
11    facility under the control of a municipality or park
12    district, provided nothing in this Section shall prohibit a
13    licensee from carrying a concealed firearm while on a trail
14    or bikeway if only a portion of the trail or bikeway
15    includes a public park.
16        (14) Any real property under the control of the Cook
17    County Forest Preserve District.
18        (15) Any building, classroom, laboratory, medical
19    clinic, hospital, artistic venue, athletic venue,
20    entertainment venue, officially recognized
21    university-related organization property, whether owned or
22    leased, and any real property, including parking areas,
23    sidewalks, and common areas under the control of a public
24    or private community college, college, or university.
25        (16) Any building, real property, or parking area under
26    the control of a gaming facility licensed under the

 

 

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1    Riverboat Gambling Act or the Illinois Horse Racing Act of
2    1975, including an inter-track wagering location licensee.
3        (17) Any stadium, arena, or the real property or
4    parking area under the control of a stadium, arena, or any
5    collegiate or professional sporting event.
6        (18) Any building, real property, or parking area under
7    the control of a public library.
8        (19) Any building, real property, or parking area under
9    the control of an airport.
10        (20) Any building, real property, or parking area under
11    the control of an amusement park.
12        (21) Any building, real property, or parking area under
13    the control of a zoo or museum.
14        (22) Any street, driveway, parking area, property,
15    building, or facility, owned, leased, controlled, or used
16    by a nuclear energy, storage, weapons, or development site
17    or facility regulated by the federal Nuclear Regulatory
18    Commission. The licensee shall not under any circumstance
19    store a firearm or ammunition in his or her vehicle or in a
20    compartment or container within a vehicle located anywhere
21    in or on the street, driveway, parking area, property,
22    building, or facility described in this paragraph.
23        (23) Any area where firearms are prohibited under
24    federal law.
25    (a-5) Nothing in this Act shall prohibit a public or
26private community college, college, or university from:

 

 

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1        (1) prohibiting persons from carrying a firearm within
2    a vehicle owned, leased, or controlled by the college or
3    university;
4        (2) developing resolutions, regulations, or policies
5    regarding student, employee, or visitor misconduct and
6    discipline, including suspension and expulsion;
7        (3) developing resolutions, regulations, or policies
8    regarding the storage or maintenance of firearms, which
9    must include designated areas where persons can park
10    vehicles that carry firearms; and
11        (4) permitting the carrying or use of firearms for the
12    purpose of instruction and curriculum of officially
13    recognized programs, including but not limited to military
14    science and law enforcement training programs, or in any
15    designated area used for hunting purposes or target
16    shooting.
17    (a-10) The owner of private real property of any type may
18prohibit the carrying of concealed firearms on the property
19under his or her control. The owner must post a sign in
20accordance with subsection (d) of this Section indicating that
21firearms are prohibited on the property, unless the property is
22a private residence.
23    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
24this Section except under paragraph (22) or (23) of subsection
25(a), any licensee prohibited from carrying a concealed firearm
26into the parking area of a prohibited location specified in

 

 

HB4517- 7 -LRB098 19097 RLC 54247 b

1subsection (a), (a-5), or (a-10) of this Section shall be
2permitted to carry a concealed firearm on or about his or her
3person within a vehicle into the parking area and may store a
4firearm or ammunition concealed in a case within a locked
5vehicle or locked container out of plain view within the
6vehicle in the parking area. A licensee may carry a concealed
7firearm in the immediate area surrounding his or her vehicle
8within a prohibited parking lot area only for the limited
9purpose of storing or retrieving a firearm within the vehicle's
10trunk, provided the licensee ensures the concealed firearm is
11unloaded prior to exiting the vehicle. For purposes of this
12subsection, "case" includes a glove compartment or console that
13completely encloses the concealed firearm or ammunition, the
14trunk of the vehicle, or a firearm carrying box, shipping box,
15or other container.
16    (c) A licensee shall not be in violation of this Section
17while he or she is traveling along a public right of way that
18touches or crosses any of the premises under subsection (a),
19(a-5), or (a-10) of this Section if the concealed firearm is
20carried on his or her person in accordance with the provisions
21of this Act or is being transported in a vehicle by the
22licensee in accordance with all other applicable provisions of
23law.
24    (d) Signs stating that the carrying of firearms is
25prohibited shall be clearly and conspicuously posted at the
26entrance of a building, premises, or real property specified in

 

 

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1this Section as a prohibited area, unless the building or
2premises is a private residence. Signs shall be of a uniform
3design as established by the Department and shall be 4 inches
4by 6 inches in size. The Department shall adopt rules for
5standardized signs to be used under this subsection.
6(Source: P.A. 98-63, eff. 7-9-13.)