98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2277

 

Introduced 2/15/2013, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
New Act
50 ILCS 705/10.6 new
720 ILCS 5/24-2

    Creates the Illinois License to Carry Firearms for Self-Defense Act. Authorizes the county sheriff to issue licenses to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a license to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 2012 to make conforming changes. Effective January 1, 2014.


LRB098 03804 RLC 33820 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2277LRB098 03804 RLC 33820 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 1. Short title. This Act may be cited as the
5Illinois License to Carry Firearms for Self-Defense Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Law Enforcement Training
8Standards Board.
9    "Concealed firearm" means a handgun carried on or about a
10person completely or mostly concealed from view of the public,
11or carried in a vehicle in such a way as it is concealed from
12view of the public.
13    "Fund" means the County License to Carry Firearms for
14Self-Defense Trust Fund in each county.
15    "Handgun" has the meaning ascribed to it in paragraph (h)
16of subsection (A) of Section 24-3 of the Criminal Code of 2012.
17    "License" means a license to carry a concealed firearm
18issued by the county sheriff.
19    "Licensee" means a person who is issued a license to carry
20a concealed firearm by the county sheriff.
 
21    Section 10. Licensee for concealed firearms. The county
22sheriff is authorized to issue licenses to carry concealed

 

 

SB2277- 2 -LRB098 03804 RLC 33820 b

1firearms to persons qualified as provided in this Act. Licenses
2to carry concealed firearms shall be valid throughout the State
3for a period of 3 years from the date of issuance. Any person
4in compliance with the terms of the license may carry concealed
5firearms on or about his or her person. The licensee shall
6carry the license at all times the licensee is carrying a
7concealed firearm and shall display the license upon the
8request of a law enforcement officer.
 
9    Section 15. Application for license and qualifications of
10applicants.
11    (a) An applicant for a license shall obtain the application
12from the sheriff of the county in which the applicant resides.
13The completed application and all accompanying material plus an
14application fee of $100 for a new license or $75 for a renewal
15shall be presented to the office of the sheriff of the county
16in which the applicant resides.
17    The sheriff shall evaluate the application and
18accompanying material, and within 30 days, the sheriff shall
19either issue or deny the license.
20    (b) The sheriff, upon a person's application for a
21concealed firearms license, upon receipt of the appropriate
22fees, and after compliance with the procedures set out in this
23Section, shall issue the applicant a concealed firearms license
24if the person:
25        (i) is at least 21 years of age;

 

 

SB2277- 3 -LRB098 03804 RLC 33820 b

1        (ii) resides within the State of Illinois and has been
2    a resident for the last 6 months (except the 6 months shall
3    be waived for members of the Armed Forces) and is a
4    permanent resident of the United States;
5        (iii) has a valid Firearm Owner's Identification Card;
6        (iv) has not been convicted of a crime punishable by
7    imprisonment for a term exceeding one year, or of a
8    misdemeanor evidencing violence, is not free on any form of
9    bond or pretrial release for a felony or a misdemeanor
10    evidencing violence, and has no outstanding warrants for
11    those crimes;
12        (v) has no record of mental disease or mental illness
13    on file that would evidence incapacity, or lack of proper
14    mental capacity;
15        (vi) has not been committed to a state or federal
16    facility for the abuse of a controlled substance,
17    methamphetamine, or cannabis and has not been convicted of
18    a misdemeanor violation of the Illinois Controlled
19    Substances Act or Cannabis Control Act or similar laws of
20    any other state relating to controlled substances or
21    cannabis within a 10 year period immediately preceding the
22    date on which the application is submitted; and
23        (vii) does not chronically and habitually use
24    alcoholic beverages as evidenced by the applicant having 2
25    or more convictions for violating Section 11-501 of the
26    Illinois Vehicle Code or a similar provision of a local

 

 

SB2277- 4 -LRB098 03804 RLC 33820 b

1    ordinance within 5 years preceding his or her application
2    or the applicant having elected treatment under the
3    supervision of a licensed program in accordance with the
4    Alcoholism and Other Drug Abuse and Dependency Act or
5    similar laws of any other state within a 5 year period
6    immediately preceding the date on which the application is
7    submitted.
 
8    Section 20. Contents of application. The initial
9application shall be in writing, under oath and under the
10penalties of perjury, on a standard form promulgated by the
11sheriff and shall be accompanied by the appropriate fees and
12required documentation. The application shall only contain or
13require the following information:
14        (i) the applicant's name, address, gender, race, date
15    and place of birth, and driver license or State
16    identification card number;
17        (ii) an affirmation that the applicant is at least 21
18    years of age and that the applicant possesses a currently
19    valid Illinois Firearm Owner's Identification Card,
20    together with the card number and a photocopy of the
21    Firearm Owner's Identification Card;
22        (iii) a full set of legible fingerprints of the
23    applicant taken by any federal, State, county or municipal
24    law enforcement agency. The cost of fingerprinting shall be
25    paid by the applicant. The State, county or local law

 

 

SB2277- 5 -LRB098 03804 RLC 33820 b

1    enforcement agencies may not charge more than $10 to
2    fingerprint an applicant;
3        (iv) a head and shoulder color photograph taken within
4    30 days preceding the date on which the application is
5    submitted;
6        (v) questions to certify or demonstrate that the
7    applicant has completed the firearms and deadly use of
8    force training and education prerequisites specified under
9    this Act and a photocopy of a certificate or other evidence
10    of completion of a course to show compliance;
11        (vi) a statement that the applicant is a resident of
12    the State of Illinois and has been a resident for the last
13    6 months (except the 6 months shall be waived for members
14    of the Armed Forces) and is a permanent resident of the
15    United States;
16        (vii) a waiver of privacy and confidentiality rights
17    and privileges enjoyed by the applicant under all federal
18    and state laws governing justice, psychological, or
19    psychiatric records, or access to records relating to the
20    applicant's history of juvenile court, or criminal
21    institutionalization, and an affirmative request that any
22    person having custody of those records provide them or
23    information concerning them to the sheriff;
24        (viii) an affirmation that the applicant has never been
25    convicted of any felony or misdemeanor involving the use or
26    threat of physical force or violence to any person; and has

 

 

SB2277- 6 -LRB098 03804 RLC 33820 b

1    never been adjudicated a delinquent minor for an offense
2    which, had he or she been tried as an adult, would have
3    been such a felony or misdemeanor. The application shall
4    also contain the following statement along with a signature
5    line for use by the applicant, which statement the
6    applicant shall affirm under oath: "I, the undersigned,
7    state, under oath and subject to the penalty of perjury,
8    that I am not a streetgang member as defined in Section 10
9    of the Illinois Streetgang Terrorism Omnibus Prevention
10    Act, and I will not join or become associated with a
11    criminal streetgang."; and
12        (ix) a conspicuous warning that false statements made
13    by the applicant will result in prosecution for perjury in
14    accordance with Section 32-2 of the Criminal Code of 2012.
 
15    Section 25. Fees. Fees collected under this Act and
16deposited into the County License to Carry Firearms for
17Self-Defense Trust Fund shall be used exclusively by the
18sheriff for administrating the provisions of this Act. Any
19excess monies in the Fund may be used to ensure the prompt and
20efficient processing of applications received under Section 20
21of this Act. The application fee shall be retained by the
22office of the sheriff for official expenses of the office
23associated with this Act.
24    Fees for a concealed firearms license shall be:
25    New license..$100

 

 

SB2277- 7 -LRB098 03804 RLC 33820 b

1    Renewal..$75
2    Duplicate of a lost or destroyed license..$25
3    Corrected license due to change of address or name..$25
4    Late renewal fee..$25
 
5    Section 30. Approval of application.
6    (a) If the sheriff finds that the applicant possesses a
7valid Firearm Owner's Identification Card, meets the training
8requirements of this Act, and has provided the documentation
9and paid the fees required for issuance of a concealed firearms
10license, and that, as nearly as it is possible to determine,
11nothing in the applicant's background or present circumstances
12disqualify him or her from possessing a firearm in Illinois,
13the Sheriff shall approve the application and issue the
14applicant a wallet sized license bearing the photograph, name,
15and address of the applicant and identifying the office issuing
16the license within 30 days.
17    (b) The sheriff may consider an objection or recommendation
18made by the sheriff or municipal police department supported by
19specific and articulable reasons, in a written report, why the
20applicant should be denied a license and may deny the license
21based solely on those objections. If the objection contains
22false, malicious, or inaccurate information, the sheriff or
23municipal police department filing the objection shall bear all
24of the applicant's costs if the applicant prevails in an
25appeal.

 

 

SB2277- 8 -LRB098 03804 RLC 33820 b

1    (c) If the applicant is found to be ineligible, the sheriff
2shall deny the application, and notify the applicant in
3writing, stating the grounds for denial and informing the
4applicant of the right to submit, within 30 days, any
5additional documentation relating to the grounds of the denial.
6Upon receiving the additional documentation, the sheriff shall
7reconsider his or her decision and inform the applicant within
830 days of the result of the reconsideration. The applicant
9shall be informed of the right to appeal the denial in the
10circuit court of his or her place of residence.
 
11    Section 35. Revocation of a license. A license issued under
12Section 30 shall be suspended or revoked if the license holder
13becomes ineligible to be issued a license under the criteria
14set forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or
15(vii) of Section 20 or subsection (b) of Section 30 of this
16Act.
17    When an order of protection is issued under Section 112A-14
18of the Code of Criminal Procedure of 1963 or under Section 214
19of the Illinois Domestic Violence Act of 1986 against a person
20holding a license issued under this Act, the holder of the
21license shall surrender the license to the court or to the
22officer serving the order. The officer to whom the license is
23surrendered shall forthwith transmit the license to the court
24issuing the order. The license shall be suspended until the
25order is terminated.
 

 

 

SB2277- 9 -LRB098 03804 RLC 33820 b

1    Section 40. Notification of renewal. Not later than 120
2days before the expiration of any license issued under this
3Act, the sheriff shall notify the license holder in writing of
4the expiration and furnish an application for renewal of the
5license.
 
6    Section 45. Renewal of license.
7     (a) The license shall be renewed for a qualified applicant
8upon receipt of the properly completed renewal application and
9required renewal fee. The renewal application shall contain the
10same required information as set forth in paragraphs (i)
11through (ix) of Section 20, except that in lieu of the firearm
12education and use of deadly force training, the applicant need
13only demonstrate previous issuance of and continued
14eligibility for a concealed firearms license.
15    (b) A licensee who fails to file a renewal application on
16or before its expiration date must pay an additional late fee
17of $25. A person who fails to renew his or her application
18within 6 months after its expiration must reapply for a new
19license and pay the fee for a new application.
 
20    Section 50. Change of address, change of name, and lost or
21destroyed licenses.
22    (a) Within 30 days after changing his or her permanent
23residence, and within 30 days after loss or destruction of a

 

 

SB2277- 10 -LRB098 03804 RLC 33820 b

1concealed firearms license, the licensee shall notify the
2sheriff and the Department of State Police of the loss,
3destruction, change of name, or change of residence. Failure to
4notify the Department of State Police shall constitute a
5noncriminal violation with a penalty of $25 payable to the
6Department of State Police.
7    (b) If a person issued a license to carry a concealed
8firearm changes residence within this State, or changes his or
9her name, the person to whom the license was issued may, upon
10payment of $25 and presentation of their current license to the
11sheriff, obtain a corrected concealed firearms license with a
12change of address or change of name upon furnishing a notarized
13statement to the sheriff that the licensee has changed
14residence or his or her name, and upon submission of the
15information as set forth in paragraph (i) of Section 20 and a
16photograph as set forth in paragraph (iv) of Section 20. A
17concealed firearms license shall be automatically invalid
18after 30 days if the licensee has not notified the Department
19of State Police of a change of residence. A license corrected
20under this subsection shall be issued within 48 hours.
21    (c) If a license to carry a concealed firearm is lost or
22destroyed, the license shall be automatically invalid, and the
23person to whom the license was issued may obtain a duplicate,
24upon payment of $25 to the sheriff and furnishing a notarized
25statement to the sheriff that the license was lost or
26destroyed, and submission of the information as set forth in

 

 

SB2277- 11 -LRB098 03804 RLC 33820 b

1paragraph (i) of Section 20 and a photograph as set forth in
2paragraph (iv) of Section 20.
 
3    Section 55. Automated listing.
4    (a) At least once per month, the sheriff shall transmit a
5listing of all persons to whom the sheriff has issued or
6revoked a license under this Act. That listing shall contain
7the person's name, address, gender, race, date and place of
8birth, and driver license or State identification card number.
9    (b) The Department of State Police shall maintain an
10automated listing of license holders, and this information
11shall be available on-line, upon request, at all times to all
12Illinois law enforcement agencies. Except as provided in this
13Act, information on applications for licenses, names and
14addresses, or other identifying information relating to
15license holders shall be confidential and shall not be made
16available except to law enforcement agencies.
 
17    Section 60. Privacy of license holders and applicants.
18Except as provided in this Section, information on applications
19for licenses, names and addresses, or other identifying
20information relating to license holders shall be confidential,
21not subject to the Freedom of Information Act, and shall not be
22made available except to law enforcement agencies or as
23otherwise provided in this Section.
24    Requests for information about any license holder or

 

 

SB2277- 12 -LRB098 03804 RLC 33820 b

1applicant made by persons other than a bona fide law
2enforcement agency shall be made in writing together with any
3fee required for providing the information.
4    No State or local law enforcement agency shall provide a
5list of names of any or all license holders or applicants in
6the State of Illinois or a county, except that the Department
7of State Police or sheriff may, upon proper application and the
8payment of the required fee, provide to the requester, in
9written form only, confirmation that an individual has or has
10not been issued, applied for, or denied a license, or had a
11license revoked under this Act. No identifying information
12other than the name shall be provided.
13    Only the Department of State Police or sheriff may provide
14statistical information on:
15        (i) the number of licenses or applications issued or
16    received;
17        (ii) the race, age, or gender of applicants or those
18    issued licenses;
19        (iii) the county of residence of applicants or those
20    issued licenses;
21        (vi) the number of licenses revoked and the reason for
22    revocation.
23    Nothing in this Section shall prevent any law enforcement
24agency from releasing information about an individual as part
25of a criminal investigation.
26    The names of all persons, other than law enforcement

 

 

SB2277- 13 -LRB098 03804 RLC 33820 b

1agencies and peace officers, requesting information under this
2Section shall be public records. No other agency of government
3other than the Department of State Police or sheriff shall
4provide any information to a requester not entitled to it by
5law.
 
6    Section 65. Concealed firearms license.
7    (a) A concealed firearm license shall authorize the person
8in whose name the license is issued to carry concealed firearms
9on or about his or her person or vehicle throughout the State.
10No license issued under this Section shall authorize any person
11to carry a concealed firearm into or upon:
12        (i) Any state or local police or sheriff's office or
13    station without the consent of the chief law enforcement
14    officer in charge of that office or station.
15        (ii) The facility of any adult or juvenile detention or
16    correctional institution, prison, or jail.
17        (iii) Any courthouse solely occupied by the Circuit,
18    Appellate, or Supreme Court or a courtroom of any of those
19    courts, or court proceeding.
20        (iv) Any meeting of the governing body of a unit of
21    local government; or any meeting of the General Assembly or
22    a committee of the General Assembly.
23        The General Assembly or a county or municipality may by
24    statute or ordinance prohibit or limit the carrying of
25    concealed firearms by license holders in that portion of a

 

 

SB2277- 14 -LRB098 03804 RLC 33820 b

1    building owned, leased, or controlled by that unit of
2    government. That portion of a building in which the
3    carrying of concealed firearms is prohibited or limited
4    shall be clearly identified by signs conspicuously posted
5    at each entrance to the restricted area. The statute or
6    ordinance shall exempt any building used for public housing
7    by private persons, highway rest areas, firing ranges, and
8    private dwellings owned, leased, or controlled by that unit
9    of government from any restriction on the carrying or of
10    possession of a firearm. The statute or ordinance shall not
11    specify any criminal penalty for its violation but may
12    specify that a person violating the statute or ordinance
13    may be denied entrance to the building, ordered to leave
14    the building and if an employee of the unit of government,
15    be subjected to disciplinary measures for violation of the
16    provisions of the statute or ordinance. The provisions of
17    this item (iv) shall not apply to any other unit of
18    government.
19        (v) Any portion of an establishment licensed to
20    dispense beer or alcoholic beverages for consumption on the
21    premises, if that portion of the establishment is primarily
22    devoted to that purpose.
23        This paragraph (v) does not apply to any bona fide
24    restaurant open to the general public having dining
25    facilities for at least 25 persons and that receives at
26    least 50% of its gross annual income from the dining

 

 

SB2277- 15 -LRB098 03804 RLC 33820 b

1    facilities by the sale of food.
2        (vi) Any area of an airport to which access is
3    controlled by the inspection of persons and property.
4        (vii) Any place where the carrying of a firearm is
5    prohibited by federal law.
6        (viii) Inside any elementary or secondary school
7    facility without the consent of school authorities.
8        (ix) Any portion of a building used as a child care
9    facility without the consent of the manager. Nothing in
10    this Section shall prevent the operator of a child care
11    facility in a family home from owning or possessing a
12    firearm or license.
13        (x) A riverboat gambling operation or horse racing
14    facility accessible by the public.
15        (xi) Any gated area of an amusement park.
16        (xii) Any stadium, arena, or collegiate or
17    professional sporting event.
18        (xiii) A church or other place of religious worship.
19    A violation of this subsection (a) is a Class A
20misdemeanor.
21    (a-5) A concealed firearm license does not authorize the
22concealed carrying or transportation of a stun gun or taser.
23    (b) The owner, business or commercial lessee, manager of a
24private business enterprise, or any other organization,
25entity, or person in control of a premises may:
26        (i) prohibit persons holding a license for concealed

 

 

SB2277- 16 -LRB098 03804 RLC 33820 b

1    firearms from carrying concealed firearms on the premises;
2    and
3        (ii) prohibit employees holding a license for
4    concealed firearms, not under a collective bargaining
5    agreement, who are not authorized by the employer, from
6    carrying concealed firearms on the property of the
7    employer.
8    If the building or the premises are open to the public, the
9employer of the business enterprise shall post conspicuous
10signs on or about the premises notifying the public that
11carrying a concealed firearm is prohibited. Possession of a
12firearm in a vehicle on the premises shall not be a criminal
13offense if the firearm is not removed from the vehicle or
14brandished while the vehicle is on the premises. An employer
15may prohibit employees, not under a collective bargaining
16agreement, or other persons holding a license for a concealed
17firearm from carrying a concealed firearm in vehicles owned by
18the employer. Carrying a concealed firearm in a location
19specified in this subsection (b) by a license holder shall not
20be a criminal offense but may subject the person to denial to
21the premises or removal from the premises.
 
22    Section 70. Immunity of sheriff, employees, and agents. The
23office of the sheriff, or any employee or agent of the sheriff,
24shall not be liable for damages in any civil action arising
25from alleged wrongful or improper granting, renewing, or

 

 

SB2277- 17 -LRB098 03804 RLC 33820 b

1failure to revoke licenses issued under this Act. The office of
2the sheriff or any employee or agent of the office of the
3sheriff shall not be liable for submitting specific and
4articulable reasons why an applicant should be denied a
5license, unless the objection contains false, malicious, or
6inaccurate information.
 
7    Section 75. Applicant training.
8    (a) The applicant training course shall be the standardized
9training course furnished by the Board and taught by a
10qualified firearms instructor, consisting of:
11        (1) Eight hours of classroom instruction, covering at
12    least the following topics:
13            (i) handgun safety in the classroom, at home, on
14        the firing range and while carrying the firearm;
15            (ii) the basic principles of marksmanship;
16            (iii) care and cleaning of handguns;
17            (iv) by means of a videotape produced or approved
18        by the Board:
19                (A) the requirements for obtaining a concealed
20            firearms license in this State;
21                (B) laws relating to firearms as prescribed in
22            the Firearm Owners Identification Card Act,
23            Article 24 of the Criminal Code of 2012, and 18
24            U.S.C. 921 through 930; and
25                (C) laws relating to the justifiable use of

 

 

SB2277- 18 -LRB098 03804 RLC 33820 b

1            force as prescribed in Article 7 of the Criminal
2            Code of 2012;
3            (v) a written exam not to exceed 100 questions
4        testing the knowledge of the applicant on the subject
5        matter covered in the course.
6        (2) Live firing exercises of sufficient duration for
7    each applicant to fire a handgun:
8            (i) from a standing position;
9            (ii) a minimum of 20 rounds;
10            (iii) at a distance of 7 yards from a B-21
11        silhouette target, or an equivalent as approved by the
12        Board.
13    (b) The classroom portion of the course may be, at the
14qualified firearms instructor's discretion, divided into
15segments of not less than 2 hours each.
16    (c)(1) An applicant training course shall not be open to
17persons who are less than 21 years of age.
18    (2) Applicant training course students shall complete a
19course application form, which shall include a statement
20acknowledging receipt of copies of pertinent statutory
21provisions listed in clauses (A), (B), and (C) of subparagraph
22(iv) of paragraph (1) of subsection (a) and a liability waiver.
23    (3) The course application form may be obtained from the
24qualified firearms instructor at the time of the course.
25    (d) At the conclusion of the classroom portion of the
26applicant training course, the qualified firearms instructor

 

 

SB2277- 19 -LRB098 03804 RLC 33820 b

1shall:
2        (1) distribute a standard course examination to the
3    students;
4        (2) not leave the room in which the examination is
5    being held while the examination is in progress;
6        (3) collect examination booklets and answer sheets
7    from each student at the end of the examination period;
8        (4) not grade the examinations in the presence of
9    students; and
10        (5) not divulge an applicant's numeric score on the day
11    of the examination, but the instructor may indicate whether
12    an applicant passed or failed the examination.
13    (e) A person shall not:
14        (1) Make an unauthorized copy of the applicant training
15    course examination, in whole or in part;
16        (2) Possess the applicant training course examination,
17    or questions from the examination, unless authorized by the
18    Board; or
19        (3) Divulge the contents of an applicant training
20    course examination question to another person.
21    (f)(1) Students shall provide their own safe, functional
22handgun and factory-loaded ammunition.
23    (2) Prior to conducting range firing, the certified
24firearms instructor shall:
25        (i) inspect each applicant's firearm; and
26        (ii) not allow the firing of a handgun that is not in

 

 

SB2277- 20 -LRB098 03804 RLC 33820 b

1    sound mechanical condition or otherwise may pose a safety
2    hazard.
3    (g) Grades of "passing" shall not be given on range work to
4an applicant who:
5        (1) does not follow the orders of the certified
6    firearms instructor;
7        (2) in the judgment of the certified firearms
8    instructor, handles a firearm in a manner that poses a
9    danger to the applicant or to others; or
10        (3) during the testing portion of the range work fails
11    to hit the silhouette portion of the target with a majority
12    of 20 rounds.
13    (h) Certified firearms instructors shall:
14        (1) allow monitoring of their classes by officials of
15    any certifying agency;
16        (2) make all course records available upon demand to
17    authorized personnel of the Board; and
18        (3) not divulge course records except as authorized by
19    the certifying agency.
20    (i)(1) Fees for applicant training courses shall not exceed
21$125 per student.
22    (2) Qualified firearms instructors shall collect the fee
23and remit $25 of the fee to the Board.
24    (3) Fees shall not be refunded to students who fail or
25otherwise do not complete the course.
26    (j) An applicant training course shall not have more than

 

 

SB2277- 21 -LRB098 03804 RLC 33820 b

140 students in the classroom portion or more than 5 students
2per range officer engaged in range firing.
3    (k) Within 3 working days after the completion of the
4course, the certified firearms instructor shall:
5        (1) grade the examinations; and
6        (2) mail to the Board:
7            (i) the completed course application form, showing
8        the student's score on the written examination and
9        indicating whether the student passed or failed the
10        range work, and
11            (ii) the graded examinations.
12    (l) Within 15 days after receipt of the material described
13in subsection (k), the Board shall mail to the applicant:
14        (i) a certificate of successful course completion; or
15        (ii) notification that the applicant has failed the
16    course and will not be certified.
17    (m) A student shall be issued a certificate of completion
18if he or she:
19         (i) answers at least 70% of the written examination
20    questions correctly; and
21        (ii) achieves a grade of "passing" on the range work.
22    (n)(i) Students who score below 70% on the written
23examination may retake the examination one time without having
24to retake the course.
25    (ii) Students who do not achieve a grade of "passing" on
26the range work may repeat the range work twice without having

 

 

SB2277- 22 -LRB098 03804 RLC 33820 b

1to retake the course.
2    (iii) Notices of failure will include information on
3whether the student failed the written exam, the range firing,
4or both.
 
5    Section 80. Firearms instructor certification. The Board
6shall certify instructors who have met the requirements of this
7Section.
8    (a) Persons who are not certified firearms instructors
9shall not teach applicant training courses.
10    (b) Persons who are not certified firearms instructors
11shall not advertise or otherwise represent courses they teach
12as qualifying their students to meet the requirements to
13receive a license to carry concealed firearms in this State.
14    (c) Persons who are not certified instructor trainers shall
15not teach instructor qualification courses.
16    (d) Persons wishing to become certified firearms
17instructors shall:
18        (1) be at least 21 years of age;
19        (2) be a citizen of the United States; and
20        (3) meet the requirements of subsection (b) of Section
21    15. Persons wishing to become instructor trainers, in
22    addition to the other requirements of this subsection (d),
23    shall:
24            (A) possess at least a high school diploma or GED
25        certificate,

 

 

SB2277- 23 -LRB098 03804 RLC 33820 b

1            (B) have at least one of the following valid
2        firearms instructor certifications:
3                (I) National Rifle Association Personal
4            Protection Instructor;
5                (II) National Rifle Association Pistol
6            Marksmanship Instructor;
7                (III) Certification from a firearms
8            instructor's course offered by a State or federal
9            governmental agency; or
10                (IV) A similar firearms instructor qualifying
11            course, approved by the Police Training Board.
12    (e)(1) Applicants shall agree to criminal history
13background checks.
14    (2) An applicant may be disqualified from becoming a
15certified instructor, or have his or her instructor
16qualification revoked if the applicant:
17        (A) does not meet the requirements of this Act to
18    possess a concealed firearms license;
19        (B) provides false or misleading information to the
20    Board; or
21        (C) has had a prior instructor qualification revoked by
22    the Board.
23    (f) The training course to certify firearms instructors and
24instructor trainers shall include:
25        (1) 16 hours of classroom instruction covering at least
26    the following topics:

 

 

SB2277- 24 -LRB098 03804 RLC 33820 b

1        (i) By means of a videotape produced or approved by the
2    Board:
3            (A) the requirements for obtaining a concealed
4        firearms license in this State;
5            (B) laws relating to firearms as contained in the
6        Firearm Owners Identification Card Act, Article 24 of
7        the Criminal Code of 2012, and 18 U.S.C. 921 through
8        930;
9            (C) laws relating to the justifiable use of force
10        as contained in Article 7 of the Criminal Code of 2012;
11            (D) the conduct of applicant training courses;
12            (E) record-keeping requirements of this Act;
13            (F) the basic nomenclature of handguns;
14            (G) the basic principles of marksmanship; and
15            (H) the safe handling of handguns.
16        (2) A classroom demonstration, during which the
17    instructor candidate shall receive instruction on and
18    demonstrate competency in the ability to prepare and
19    deliver a classroom presentation using materials from the
20    applicant curriculum.
21        (3) Range instruction and firing of live ammunition,
22    during which the instructor candidate shall receive
23    instruction on and demonstrate competency in the ability
24    to:
25            (i) handle and fire a handgun safely and
26        accurately;

 

 

SB2277- 25 -LRB098 03804 RLC 33820 b

1            (ii) conduct a function test and safety inspection
2        of common types of handguns;
3            (iii) clean common types of handguns; and
4            (iv) supervise and conduct live firing exercises
5        in a safe and efficient manner.
6    (g) To qualify as a certified firearms instructor or
7instructor trainer, instructor candidates shall achieve:
8        (1) A minimum score of 70% on a written examination
9    covering the material taught during the classroom portion
10    of the course;
11        (2) A minimum score of 80% on range firing of a handgun
12    from the standing position while aiming at a B-21 PC
13    silhouette target or an equivalent as approved by the
14    Board, with a minimum of:
15            (i) ten rounds from 7 yards; and
16            (ii) ten rounds from 15 yards; and
17            (iii) a score of "passing" from the course
18        instructor for demonstrating competency in each of the
19        following:
20                (A) Supervising and conducting live fire;
21                (B) Cleaning and inspecting handguns; and
22                (C) Preparing and delivering the classroom
23            lecture.
24    (h) Instructor candidates who fail to meet the minimum
25requirements of subsection (g) of this Section may retake the
26examination, range work, or classroom demonstration one time

 

 

SB2277- 26 -LRB098 03804 RLC 33820 b

1without having to repeat the course.
2    (i) Qualified firearms instructor and instructor trainer
3certificates shall be valid for 5 years from the date of
4issuance. Qualified firearms instructors or instructor
5trainers may renew their certification by successfully
6completing a refresher course offered or approved by the Board.
7    (j) The fees for instructor trainer or refresher courses
8shall be $100 per student.
9        (1) The fees for qualified instructor courses shall be
10    no more than $100 per student. The instructor trainer shall
11    remit $25 per student to the Board.
12        (2) Fees shall not be refunded to those who do not pass
13    or otherwise fail to complete a course.
14    (k) Course participants shall provide their own safe,
15functional handgun and factory-loaded ammunition.
16    (l) Prior to conducting range firing, the course instructor
17shall:
18        (i) inspect each applicant's firearm; and
19        (ii) not allow the firing of a handgun which is not in
20    sound mechanical condition or otherwise may pose a safety
21    hazard.
 
22    Section 85. Study. The Secretary of State shall conduct a
23study, to determine the cost and feasibility of creating a
24method of adding an identifiable code, background, or other
25means to show that a person has been issued a license to carry

 

 

SB2277- 27 -LRB098 03804 RLC 33820 b

1a concealed firearm by the sheriff on the person's driver's
2license or State identification card.
 
3    Section 90. Report. By March 1 of each year, the
4Department of State Police shall submit a statistical report to
5the Governor, the President of the Senate, and the Speaker of
6the House of Representatives, indicating the number of licenses
7issued, revoked, suspended, denied, and issued after appeal in
8the previous calendar year and in total and also the number of
9licenses currently valid. The report shall also include the
10number of arrests, convictions, and types of crimes in the
11previous calendar year by individuals issued licenses to carry
12a concealed firearm.
 
13    Section 95. Preemption. The regulating of carrying
14firearms being an exclusive function of the State under Section
1524-1 and 24-1.6 of the Criminal Code of 2012, an ordinance of a
16unit of local government, including a home rule unit, is
17invalid if it is inconsistent with the Illinois License to
18Carry Firearms for Self-Defense Act. It is declared to be the
19policy of this State that the regulation of the right to carry
20concealed firearms and the issuance of licenses to carry
21concealed firearms is an exclusive power and function of the
22State. A home rule unit may not regulate the carrying of
23concealed firearms. This Section is a denial and limitation of
24home rule powers and functions under subsection (h) of Section

 

 

SB2277- 28 -LRB098 03804 RLC 33820 b

16 of Article VII of the Illinois Constitution.
 
2    Section 100. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 105. The Illinois Police Training Act is amended by
5adding Section 10.6 as follows:
 
6    (50 ILCS 705/10.6 new)
7    Sec. 10.6. Illinois License to Carry Firearms for
8Self-Defense Act training course. The Board shall initiate,
9develop, and oversee a training course for the Illinois License
10to Carry Firearms for Self-Defense Act under that Act. The
11training course shall include all of the subjects enumerated in
12the Illinois License to Carry Firearms for Self-Defense Act.
13The Board shall issue a certificate to those persons
14successfully completing the course according to that Act.
 
15    Section 110. The Criminal Code of 2012 is amended by
16changing Section 24-2 as follows:
 
17    (720 ILCS 5/24-2)
18    Sec. 24-2. Exemptions.
19    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
21the following:

 

 

SB2277- 29 -LRB098 03804 RLC 33820 b

1        (1) Peace officers, and any person summoned by a peace
2    officer to assist in making arrests or preserving the
3    peace, while actually engaged in assisting such officer.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense,
7    while in the performance of their official duty, or while
8    commuting between their homes and places of employment.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard or the
11    Reserve Officers Training Corps, while in the performance
12    of their official duty.
13        (4) Special agents employed by a railroad or a public
14    utility to perform police functions, and guards of armored
15    car companies, while actually engaged in the performance of
16    the duties of their employment or commuting between their
17    homes and places of employment; and watchmen while actually
18    engaged in the performance of the duties of their
19    employment.
20        (5) Persons licensed as private security contractors,
21    private detectives, or private alarm contractors, or
22    employed by an agency certified by the Department of
23    Financial and Professional Regulation, if their duties
24    include the carrying of a weapon under the provisions of
25    the Private Detective, Private Alarm, Private Security,
26    Fingerprint Vendor, and Locksmith Act of 2004, while

 

 

SB2277- 30 -LRB098 03804 RLC 33820 b

1    actually engaged in the performance of the duties of their
2    employment or commuting between their homes and places of
3    employment, provided that such commuting is accomplished
4    within one hour from departure from home or place of
5    employment, as the case may be. A person shall be
6    considered eligible for this exemption if he or she has
7    completed the required 20 hours of training for a private
8    security contractor, private detective, or private alarm
9    contractor, or employee of a licensed agency and 20 hours
10    of required firearm training, and has been issued a firearm
11    control card by the Department of Financial and
12    Professional Regulation. Conditions for the renewal of
13    firearm control cards issued under the provisions of this
14    Section shall be the same as for those cards issued under
15    the provisions of the Private Detective, Private Alarm,
16    Private Security, Fingerprint Vendor, and Locksmith Act of
17    2004. The firearm control card shall be carried by the
18    private security contractor, private detective, or private
19    alarm contractor, or employee of the licensed agency at all
20    times when he or she is in possession of a concealable
21    weapon.
22        (6) Any person regularly employed in a commercial or
23    industrial operation as a security guard for the protection
24    of persons employed and private property related to such
25    commercial or industrial operation, while actually engaged
26    in the performance of his or her duty or traveling between

 

 

SB2277- 31 -LRB098 03804 RLC 33820 b

1    sites or properties belonging to the employer, and who, as
2    a security guard, is a member of a security force of at
3    least 5 persons registered with the Department of Financial
4    and Professional Regulation; provided that such security
5    guard has successfully completed a course of study,
6    approved by and supervised by the Department of Financial
7    and Professional Regulation, consisting of not less than 40
8    hours of training that includes the theory of law
9    enforcement, liability for acts, and the handling of
10    weapons. A person shall be considered eligible for this
11    exemption if he or she has completed the required 20 hours
12    of training for a security officer and 20 hours of required
13    firearm training, and has been issued a firearm control
14    card by the Department of Financial and Professional
15    Regulation. Conditions for the renewal of firearm control
16    cards issued under the provisions of this Section shall be
17    the same as for those cards issued under the provisions of
18    the Private Detective, Private Alarm, Private Security,
19    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
20    control card shall be carried by the security guard at all
21    times when he or she is in possession of a concealable
22    weapon.
23        (7) Agents and investigators of the Illinois
24    Legislative Investigating Commission authorized by the
25    Commission to carry the weapons specified in subsections
26    24-1(a)(3) and 24-1(a)(4), while on duty in the course of

 

 

SB2277- 32 -LRB098 03804 RLC 33820 b

1    any investigation for the Commission.
2        (8) Persons employed by a financial institution for the
3    protection of other employees and property related to such
4    financial institution, while actually engaged in the
5    performance of their duties, commuting between their homes
6    and places of employment, or traveling between sites or
7    properties owned or operated by such financial
8    institution, provided that any person so employed has
9    successfully completed a course of study, approved by and
10    supervised by the Department of Financial and Professional
11    Regulation, consisting of not less than 40 hours of
12    training which includes theory of law enforcement,
13    liability for acts, and the handling of weapons. A person
14    shall be considered to be eligible for this exemption if he
15    or she has completed the required 20 hours of training for
16    a security officer and 20 hours of required firearm
17    training, and has been issued a firearm control card by the
18    Department of Financial and Professional Regulation.
19    Conditions for renewal of firearm control cards issued
20    under the provisions of this Section shall be the same as
21    for those issued under the provisions of the Private
22    Detective, Private Alarm, Private Security, Fingerprint
23    Vendor, and Locksmith Act of 2004. Such firearm control
24    card shall be carried by the person so trained at all times
25    when such person is in possession of a concealable weapon.
26    For purposes of this subsection, "financial institution"

 

 

SB2277- 33 -LRB098 03804 RLC 33820 b

1    means a bank, savings and loan association, credit union or
2    company providing armored car services.
3        (9) Any person employed by an armored car company to
4    drive an armored car, while actually engaged in the
5    performance of his duties.
6        (10) Persons who have been classified as peace officers
7    pursuant to the Peace Officer Fire Investigation Act.
8        (11) Investigators of the Office of the State's
9    Attorneys Appellate Prosecutor authorized by the board of
10    governors of the Office of the State's Attorneys Appellate
11    Prosecutor to carry weapons pursuant to Section 7.06 of the
12    State's Attorneys Appellate Prosecutor's Act.
13        (12) Special investigators appointed by a State's
14    Attorney under Section 3-9005 of the Counties Code.
15        (12.5) Probation officers while in the performance of
16    their duties, or while commuting between their homes,
17    places of employment or specific locations that are part of
18    their assigned duties, with the consent of the chief judge
19    of the circuit for which they are employed.
20        (13) Court Security Officers while in the performance
21    of their official duties, or while commuting between their
22    homes and places of employment, with the consent of the
23    Sheriff.
24        (13.5) A person employed as an armed security guard at
25    a nuclear energy, storage, weapons or development site or
26    facility regulated by the Nuclear Regulatory Commission

 

 

SB2277- 34 -LRB098 03804 RLC 33820 b

1    who has completed the background screening and training
2    mandated by the rules and regulations of the Nuclear
3    Regulatory Commission.
4        (14) Manufacture, transportation, or sale of weapons
5    to persons authorized under subdivisions (1) through
6    (13.5) of this subsection to possess those weapons.
7    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
824-1.6 do not apply to or affect any of the following:
9        (1) Members of any club or organization organized for
10    the purpose of practicing shooting at targets upon
11    established target ranges, whether public or private, and
12    patrons of such ranges, while such members or patrons are
13    using their firearms on those target ranges.
14        (2) Duly authorized military or civil organizations
15    while parading, with the special permission of the
16    Governor.
17        (3) Hunters, trappers or fishermen with a license or
18    permit while engaged in hunting, trapping or fishing.
19        (4) Transportation of weapons that are broken down in a
20    non-functioning state or are not immediately accessible.
21        (5) Carrying or possessing any pistol, revolver, stun
22    gun or taser or other firearm on the land or in the legal
23    dwelling of another person as an invitee with that person's
24    permission.
25        (6) Carrying a concealed firearm by a licensee who (i)
26    has a valid license to carry a concealed firearm issued

 

 

SB2277- 35 -LRB098 03804 RLC 33820 b

1    under the Illinois License to Carry Firearms for
2    Self-Defense Act; or (ii) has an expired license to carry a
3    concealed firearm issued under the Illinois License to
4    Carry Firearms for Self-Defense Act, which has been expired
5    for 60 days or less and the person is otherwise eligible
6    for a license under the Act.
7    (c) Subsection 24-1(a)(7) does not apply to or affect any
8of the following:
9        (1) Peace officers while in performance of their
10    official duties.
11        (2) Wardens, superintendents and keepers of prisons,
12    penitentiaries, jails and other institutions for the
13    detention of persons accused or convicted of an offense.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard, while in
16    the performance of their official duty.
17        (4) Manufacture, transportation, or sale of machine
18    guns to persons authorized under subdivisions (1) through
19    (3) of this subsection to possess machine guns, if the
20    machine guns are broken down in a non-functioning state or
21    are not immediately accessible.
22        (5) Persons licensed under federal law to manufacture
23    any weapon from which 8 or more shots or bullets can be
24    discharged by a single function of the firing device, or
25    ammunition for such weapons, and actually engaged in the
26    business of manufacturing such weapons or ammunition, but

 

 

SB2277- 36 -LRB098 03804 RLC 33820 b

1    only with respect to activities which are within the lawful
2    scope of such business, such as the manufacture,
3    transportation, or testing of such weapons or ammunition.
4    This exemption does not authorize the general private
5    possession of any weapon from which 8 or more shots or
6    bullets can be discharged by a single function of the
7    firing device, but only such possession and activities as
8    are within the lawful scope of a licensed manufacturing
9    business described in this paragraph.
10        During transportation, such weapons shall be broken
11    down in a non-functioning state or not immediately
12    accessible.
13        (6) The manufacture, transport, testing, delivery,
14    transfer or sale, and all lawful commercial or experimental
15    activities necessary thereto, of rifles, shotguns, and
16    weapons made from rifles or shotguns, or ammunition for
17    such rifles, shotguns or weapons, where engaged in by a
18    person operating as a contractor or subcontractor pursuant
19    to a contract or subcontract for the development and supply
20    of such rifles, shotguns, weapons or ammunition to the
21    United States government or any branch of the Armed Forces
22    of the United States, when such activities are necessary
23    and incident to fulfilling the terms of such contract.
24        The exemption granted under this subdivision (c)(6)
25    shall also apply to any authorized agent of any such
26    contractor or subcontractor who is operating within the

 

 

SB2277- 37 -LRB098 03804 RLC 33820 b

1    scope of his employment, where such activities involving
2    such weapon, weapons or ammunition are necessary and
3    incident to fulfilling the terms of such contract.
4        During transportation, any such weapon shall be broken
5    down in a non-functioning state, or not immediately
6    accessible.
7        (7) A person possessing a rifle with a barrel or
8    barrels less than 16 inches in length if: (A) the person
9    has been issued a Curios and Relics license from the U.S.
10    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
11    the person is an active member of a bona fide, nationally
12    recognized military re-enacting group and the modification
13    is required and necessary to accurately portray the weapon
14    for historical re-enactment purposes; the re-enactor is in
15    possession of a valid and current re-enacting group
16    membership credential; and the overall length of the weapon
17    as modified is not less than 26 inches.
18        During transportation, any such weapon shall be broken
19    down in a non-functioning state, or not immediately
20    accessible.
21    (d) Subsection 24-1(a)(1) does not apply to the purchase,
22possession or carrying of a black-jack or slung-shot by a peace
23officer.
24    (e) Subsection 24-1(a)(8) does not apply to any owner,
25manager or authorized employee of any place specified in that
26subsection nor to any law enforcement officer.

 

 

SB2277- 38 -LRB098 03804 RLC 33820 b

1    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
2Section 24-1.6 do not apply to members of any club or
3organization organized for the purpose of practicing shooting
4at targets upon established target ranges, whether public or
5private, while using their firearms on those target ranges.
6    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
7to:
8        (1) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard, while in
10    the performance of their official duty.
11        (2) Bonafide collectors of antique or surplus military
12    ordinance.
13        (3) Laboratories having a department of forensic
14    ballistics, or specializing in the development of
15    ammunition or explosive ordinance.
16        (4) Commerce, preparation, assembly or possession of
17    explosive bullets by manufacturers of ammunition licensed
18    by the federal government, in connection with the supply of
19    those organizations and persons exempted by subdivision
20    (g)(1) of this Section, or like organizations and persons
21    outside this State, or the transportation of explosive
22    bullets to any organization or person exempted in this
23    Section by a common carrier or by a vehicle owned or leased
24    by an exempted manufacturer.
25    (g-5) Subsection 24-1(a)(6) does not apply to or affect
26persons licensed under federal law to manufacture any device or

 

 

SB2277- 39 -LRB098 03804 RLC 33820 b

1attachment of any kind designed, used, or intended for use in
2silencing the report of any firearm, firearms, or ammunition
3for those firearms equipped with those devices, and actually
4engaged in the business of manufacturing those devices,
5firearms, or ammunition, but only with respect to activities
6that are within the lawful scope of that business, such as the
7manufacture, transportation, or testing of those devices,
8firearms, or ammunition. This exemption does not authorize the
9general private possession of any device or attachment of any
10kind designed, used, or intended for use in silencing the
11report of any firearm, but only such possession and activities
12as are within the lawful scope of a licensed manufacturing
13business described in this subsection (g-5). During
14transportation, these devices shall be detached from any weapon
15or not immediately accessible.
16    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any parole agent or parole
18supervisor who meets the qualifications and conditions
19prescribed in Section 3-14-1.5 of the Unified Code of
20Corrections.
21    (g-7) Subsection 24-1(a)(6) does not apply to a peace
22officer while serving as a member of a tactical response team
23or special operations team. A peace officer may not personally
24own or apply for ownership of a device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm. These devices shall be owned and

 

 

SB2277- 40 -LRB098 03804 RLC 33820 b

1maintained by lawfully recognized units of government whose
2duties include the investigation of criminal acts.
3    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
5athlete's possession, transport on official Olympic and
6Paralympic transit systems established for athletes, or use of
7competition firearms sanctioned by the International Olympic
8Committee, the International Paralympic Committee, the
9International Shooting Sport Federation, or USA Shooting in
10connection with such athlete's training for and participation
11in shooting competitions at the 2016 Olympic and Paralympic
12Games and sanctioned test events leading up to the 2016 Olympic
13and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any exemptions
16contained in this Article. The defendant shall have the burden
17of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm consigned
21to a common carrier operating under license of the State of
22Illinois or the federal government, where such transportation,
23carrying, or possession is incident to the lawful
24transportation in which such common carrier is engaged; and
25nothing in this Article shall prohibit, apply to, or affect the
26transportation, carrying, or possession of any pistol,

 

 

SB2277- 41 -LRB098 03804 RLC 33820 b

1revolver, stun gun, taser, or other firearm, not the subject of
2and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
3this Article, which is unloaded and enclosed in a case, firearm
4carrying box, shipping box, or other container, by the
5possessor of a valid Firearm Owners Identification Card.
6(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
7eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
897-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
9revised 8-23-12.)
 
10    Section 999. Effective date. This Act takes effect January
111, 2014.