98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6004

 

Introduced , by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 710/1  from Ch. 85, par. 515
430 ILCS 66/65
430 ILCS 66/75

    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.


LRB098 18265 RLC 53398 b

 

 

A BILL FOR

 

HB6004LRB098 18265 RLC 53398 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Peace Officer Firearm Training Act is
5amended 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
9his office or public employment is vested by law with a primary
10duty to maintain public order or to make arrests for offenses,
11whether that duty extends to all offenses or is limited to
12specific offenses, and who is employed in such capacity by any
13county or municipality or (ii) any retired law enforcement
14officers qualified under federal law to carry a concealed
15weapon. "Peace officer" includes any sworn State's Attorney or
16authorized Assistant State's Attorney, except that any person
17who is deemed a peace officer solely by virtue of his or her
18employment as a State's Attorney or Assistant State's Attorney
19shall not be authorized to make arrests for offenses.
20    (b) "Firearms" means any weapon or device defined as a
21firearm in Section 1.1 of "An Act relating to the acquisition,
22possession and transfer of firearms and firearm ammunition, to
23provide a penalty for the violation thereof and to make an

 

 

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1appropriation in connection therewith", approved August 3,
21967, as amended.
3(Source: P.A. 94-103, eff. 7-1-05.)
 
4    Section 10. The Firearm Concealed Carry Act is amended by
5changing 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
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
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
16private 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
8prohibit the carrying of concealed firearms on the property
9under his or her control. The owner must post a sign in
10accordance with subsection (d) of this Section indicating that
11firearms are prohibited on the property, unless the property is
12a private residence.
13    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
14this Section except under paragraph (22) or (23) of subsection
15(a), any licensee prohibited from carrying a concealed firearm
16into the parking area of a prohibited location specified in
17subsection (a), (a-5), or (a-10) of this Section shall be
18permitted to carry a concealed firearm on or about his or her
19person within a vehicle into the parking area and may store a
20firearm or ammunition concealed in a case within a locked
21vehicle or locked container out of plain view within the
22vehicle in the parking area. A licensee may carry a concealed
23firearm in the immediate area surrounding his or her vehicle
24within a prohibited parking lot area only for the limited
25purpose of storing or retrieving a firearm within the vehicle's
26trunk, provided the licensee ensures the concealed firearm is

 

 

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1unloaded prior to exiting the vehicle. For purposes of this
2subsection, "case" includes a glove compartment or console that
3completely encloses the concealed firearm or ammunition, the
4trunk of the vehicle, or a firearm carrying box, shipping box,
5or other container.
6    (c) A licensee shall not be in violation of this Section
7while he or she is traveling along a public right of way that
8touches or crosses any of the premises under subsection (a),
9(a-5), or (a-10) of this Section if the concealed firearm is
10carried on his or her person in accordance with the provisions
11of this Act or is being transported in a vehicle by the
12licensee in accordance with all other applicable provisions of
13law.
14    (c-5) Notwithstanding subsections (a), (a-5), and (a-10)
15of this Section except under paragraph (22) or (23) of
16subsection (a), a licensee who is a State's Attorney prohibited
17from carrying a concealed firearm into an area of a prohibited
18location specified in subsection (a), (a-5), or (a-10) of this
19Section shall be permitted to carry a concealed firearm on or
20about his or her person if he or she has completed the required
21training to be qualified to carry a firearm as a peace officer,
22notwithstanding that he or she is not otherwise certified as a
23sworn peace officer.
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.)
 
7    (430 ILCS 66/75)
8    Sec. 75. Applicant firearm training.
9    (a) Within 60 days of the effective date of this Act, the
10Department shall begin approval of firearm training courses and
11shall make a list of approved courses available on the
12Department's website.
13    (b) An applicant for a new license shall provide proof of
14completion of a firearms training course or combination of
15courses approved by the Department of at least 16 hours, which
16includes range qualification time under subsection (c) of this
17Section, 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
4certification by a certified instructor that the applicant
5passed a live fire exercise with a concealable firearm
6consisting 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
13proof of completion of a firearms training course or
14combination of courses approved by the Department of at least 3
15hours.
16    (e) A certificate of completion for an applicant's firearm
17training 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
26performance for at least 5 years, and shall make all records

 

 

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1available upon demand of authorized personnel of the
2Department.
3    (g) The Department and certified firearms instructors
4shall recognize up to 8 hours of training already completed
5toward the 16 hour training requirement under this Section if
6the training course is submitted to and approved by the
7Department. Any remaining hours that the applicant completes
8must at least cover the classroom subject matter of paragraph
9(4) of subsection (b) of this Section, and the range
10qualification in subsection (c) of this Section.
11    (h) A person who has qualified to carry a firearm as an
12active law enforcement or corrections officer, who has
13successfully completed firearms training as required by his or
14her law enforcement agency and is authorized by his or her
15agency to carry a firearm; a person currently certified as a
16firearms instructor by this Act or by the Illinois Law
17Enforcement Training Standards Board; or a person who has
18completed the required training and has been issued a firearm
19control card by the Department of Financial and Professional
20Regulation; or a sworn State's Attorney or Assistant State's
21Attorney authorized by the State's Attorney, who has completed
22the required training to be qualified to carry a firearm as a
23peace officer shall be exempt from the requirements of this
24Section.
25    (i) The Department and certified firearms instructors
26shall recognize 8 hours of training as completed toward the 16

 

 

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1hour training requirement under this Section, if the applicant
2is an active, retired, or honorably discharged member of the
3United States Armed Forces. Any remaining hours that the
4applicant completes must at least cover the classroom subject
5matter of paragraph (4) of subsection (b) of this Section, and
6the range qualification in subsection (c) of this Section.
7    (j) The Department and certified firearms instructors
8shall recognize up to 8 hours of training already completed
9toward the 16 hour training requirement under this Section if
10the training course is approved by the Department and was
11completed in connection with the applicant's previous
12employment as a law enforcement or corrections officer. Any
13remaining hours that the applicant completes must at least
14cover the classroom subject matter of paragraph (4) of
15subsection (b) of this Section, and the range qualification in
16subsection (c) of this Section. A former law enforcement or
17corrections officer seeking credit under this subsection (j)
18shall provide evidence that he or she separated from employment
19in good standing from each law enforcement agency where he or
20she was employed. An applicant who was discharged from a law
21enforcement agency for misconduct or disciplinary reasons is
22not 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
25becoming law.