99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3490

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that if a sign is posted stating that the carrying of firearms is prohibited on private real property, the owner of the private real property is civilly liable for damages for any death or injury that occurs on his or her property as a result of prohibiting firearms on the property. Effective immediately.


LRB099 09321 RLC 29526 b

 

 

A BILL FOR

 

HB3490LRB099 09321 RLC 29526 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        (10) Any public gathering or special event conducted on
13    property open to the public that requires the issuance of a
14    permit from the unit of local government, provided this
15    prohibition shall not apply to a licensee who must walk
16    through a public gathering in order to access his or her
17    residence, place of business, or vehicle.
18        (11) Any building or real property that has been issued
19    a Special Event Retailer's license as defined in Section
20    1-3.17.1 of the Liquor Control Act during the time
21    designated for the sale of alcohol by the Special Event
22    Retailer's license, or a Special use permit license as
23    defined in subsection (q) of Section 5-1 of the Liquor
24    Control Act during the time designated for the sale of
25    alcohol by the Special use permit license.
26        (12) Any public playground.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 98-63, eff. 7-9-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.