99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1428

 

Introduced , by Rep. Thomas Bennett

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that the prohibition by a licensee under the Act from carrying a firearm into any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government does not apply to any rest areas under the control of the Department of Transportation or to buildings located in rest areas under the control of the Department of Transportation. Effective immediately.


LRB099 06110 RLC 26166 b

 

 

A BILL FOR

 

HB1428LRB099 06110 RLC 26166 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. This paragraph (3) does not apply to any
10    rest areas under the control of the Department of
11    Transportation or to buildings located in rest areas under
12    the control of the Department of Transportation.
13        (4) Any building designated for matters before a
14    circuit court, appellate court, or the Supreme Court, or
15    any building or portion of a building under the control of
16    the Supreme Court.
17        (5) Any building or portion of a building under the
18    control of a unit of local government.
19        (6) Any building, real property, and parking area under
20    the control of an adult or juvenile detention or
21    correctional institution, prison, or jail.
22        (7) Any building, real property, and parking area under
23    the control of a public or private hospital or hospital
24    affiliate, mental health facility, or nursing home.
25        (8) Any bus, train, or form of transportation paid for
26    in whole or in part with public funds, and any building,

 

 

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1    real property, and parking area under the control of a
2    public transportation facility paid for in whole or in part
3    with public funds.
4        (9) Any building, real property, and parking area under
5    the control of an establishment that serves alcohol on its
6    premises, if more than 50% of the establishment's gross
7    receipts within the prior 3 months is from the sale of
8    alcohol. The owner of an establishment who knowingly fails
9    to prohibit concealed firearms on its premises as provided
10    in this paragraph or who knowingly makes a false statement
11    or record to avoid the prohibition on concealed firearms
12    under this paragraph is subject to the penalty under
13    subsection (c-5) of Section 10-1 of the Liquor Control Act
14    of 1934.
15        (10) Any public gathering or special event conducted on
16    property open to the public that requires the issuance of a
17    permit from the unit of local government, provided this
18    prohibition shall not apply to a licensee who must walk
19    through a public gathering in order to access his or her
20    residence, place of business, or vehicle.
21        (11) Any building or real property that has been issued
22    a Special Event Retailer's license as defined in Section
23    1-3.17.1 of the Liquor Control Act during the time
24    designated for the sale of alcohol by the Special Event
25    Retailer's license, or a Special use permit license as
26    defined in subsection (q) of Section 5-1 of the Liquor

 

 

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1    Control Act during the time designated for the sale of
2    alcohol by the Special use permit license.
3        (12) Any public playground.
4        (13) Any public park, athletic area, or athletic
5    facility under the control of a municipality or park
6    district, provided nothing in this Section shall prohibit a
7    licensee from carrying a concealed firearm while on a trail
8    or bikeway if only a portion of the trail or bikeway
9    includes a public park.
10        (14) Any real property under the control of the Cook
11    County Forest Preserve District.
12        (15) Any building, classroom, laboratory, medical
13    clinic, hospital, artistic venue, athletic venue,
14    entertainment venue, officially recognized
15    university-related organization property, whether owned or
16    leased, and any real property, including parking areas,
17    sidewalks, and common areas under the control of a public
18    or private community college, college, or university.
19        (16) Any building, real property, or parking area under
20    the control of a gaming facility licensed under the
21    Riverboat Gambling Act or the Illinois Horse Racing Act of
22    1975, including an inter-track wagering location licensee.
23        (17) Any stadium, arena, or the real property or
24    parking area under the control of a stadium, arena, or any
25    collegiate or professional sporting event.
26        (18) Any building, real property, or parking area under

 

 

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1    the control of a public library.
2        (19) Any building, real property, or parking area under
3    the control of an airport.
4        (20) Any building, real property, or parking area under
5    the control of an amusement park.
6        (21) Any building, real property, or parking area under
7    the control of a zoo or museum.
8        (22) Any street, driveway, parking area, property,
9    building, or facility, owned, leased, controlled, or used
10    by a nuclear energy, storage, weapons, or development site
11    or facility regulated by the federal Nuclear Regulatory
12    Commission. The licensee shall not under any circumstance
13    store a firearm or ammunition in his or her vehicle or in a
14    compartment or container within a vehicle located anywhere
15    in or on the street, driveway, parking area, property,
16    building, or facility described in this paragraph.
17        (23) Any area where firearms are prohibited under
18    federal law.
19    (a-5) Nothing in this Act shall prohibit a public or
20private community college, college, or university from:
21        (1) prohibiting persons from carrying a firearm within
22    a vehicle owned, leased, or controlled by the college or
23    university;
24        (2) developing resolutions, regulations, or policies
25    regarding student, employee, or visitor misconduct and
26    discipline, including suspension and expulsion;

 

 

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

 

 

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1firearm in the immediate area surrounding his or her vehicle
2within a prohibited parking lot area only for the limited
3purpose of storing or retrieving a firearm within the vehicle's
4trunk, provided the licensee ensures the concealed firearm is
5unloaded prior to exiting the vehicle. For purposes of this
6subsection, "case" includes a glove compartment or console that
7completely encloses the concealed firearm or ammunition, the
8trunk of the vehicle, or a firearm carrying box, shipping box,
9or other container.
10    (c) A licensee shall not be in violation of this Section
11while he or she is traveling along a public right of way that
12touches or crosses any of the premises under subsection (a),
13(a-5), or (a-10) of this Section if the concealed firearm is
14carried on his or her person in accordance with the provisions
15of this Act or is being transported in a vehicle by the
16licensee in accordance with all other applicable provisions of
17law.
18    (d) Signs stating that the carrying of firearms is
19prohibited shall be clearly and conspicuously posted at the
20entrance of a building, premises, or real property specified in
21this Section as a prohibited area, unless the building or
22premises is a private residence. Signs shall be of a uniform
23design as established by the Department and shall be 4 inches
24by 6 inches in size. The Department shall adopt rules for
25standardized signs to be used under this subsection.
26(Source: P.A. 98-63, eff. 7-9-13.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.