Full Text of HB0462 96th General Assembly
HB0462eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Family | 5 |
| and Personal Protection Act. | 6 |
| Section 5. Legislative declaration. On June 26, 2008 the | 7 |
| United States Supreme Court issued an opinion in the case of | 8 |
| District of Columbia et al. v. Heller. In that decision, the | 9 |
| Court's majority stated "Putting all of these textual elements | 10 |
| together, we find that they guarantee the individual right to | 11 |
| possess and carry weapons in case of confrontation." | 12 |
| The General Assembly finds, in keeping with the Heller | 13 |
| decision, that as a matter of public policy it is necessary to | 14 |
| provide statewide uniform standards for issuing permits to | 15 |
| carry concealed firearms and that no person who does not | 16 |
| qualify under the provisions of this Act receives a permit to | 17 |
| carry concealed firearms. The General Assembly recognizes that | 18 |
| it already regulates the use and possession of concealed | 19 |
| firearms under Sections 24-1 and 24-1.6 of the Criminal Code of | 20 |
| 1961 and that the regulation of concealed firearms is an | 21 |
| exclusive Statewide function. The General Assembly does not | 22 |
| delegate to the county sheriff the authority to regulate or | 23 |
| restrict the issuing of concealed firearms permits provided for |
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| in this Act beyond those provisions contained in this Act.
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| Section 10. Definitions. As used in this Act: | 3 |
| "Board" means the Illinois Law Enforcement Training | 4 |
| Standards Board. | 5 |
| "Concealed firearm" means a handgun carried on or about a | 6 |
| person completely or mostly concealed from view of the public, | 7 |
| or carried in a vehicle in such a way as it is concealed from | 8 |
| view of the public. | 9 |
| "Fund" means the Citizen Safety and Self-Defense Trust Fund | 10 |
| in each county. | 11 |
| "Handgun" has the meaning ascribed to it in paragraph (h) | 12 |
| of subsection (A) of Section 24-3 of the Criminal Code of 1961. | 13 |
| "Permit" means a permit to carry a concealed firearm issued | 14 |
| by the county sheriff. | 15 |
| "Permittee" means a person who is issued a permit to carry | 16 |
| a concealed firearm by the county sheriff.
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| Section 15. Permit for concealed firearms. The county | 18 |
| sheriff is authorized to issue permits to carry concealed | 19 |
| firearms to persons qualified as provided in this Act. Permits | 20 |
| to carry concealed firearms shall be valid throughout the State | 21 |
| for a period of 3 years from the date of issuance. Any person | 22 |
| in compliance with the terms of the permit may carry concealed | 23 |
| firearms on or about his or her person. The permittee shall | 24 |
| carry the permit at all times the permittee is carrying a |
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| concealed firearm and shall display the permit upon the request | 2 |
| of a law enforcement officer. | 3 |
| Section 20. Application for permit and qualifications of | 4 |
| applicants. | 5 |
| (a) An applicant for a permit shall obtain the application | 6 |
| from the county sheriff of the county in which the applicant | 7 |
| resides. The completed application and all accompanying | 8 |
| material plus an application fee of $100 for a new permit or | 9 |
| $75 for a renewal shall be presented to the office of the | 10 |
| sheriff of the county in which the applicant resides. | 11 |
| The sheriff shall evaluate the application and | 12 |
| accompanying material, and within 30 days, the sheriff shall | 13 |
| either issue or deny the permit. | 14 |
| (b) The county sheriff, upon a person's application for a | 15 |
| concealed firearms permit, upon receipt of the appropriate | 16 |
| fees, and after compliance with the procedures set out in this | 17 |
| Section, shall issue the applicant a concealed firearms permit | 18 |
| if the person: | 19 |
| (i) is at least 21 years of age; | 20 |
| (ii) resides within the State of Illinois and has been | 21 |
| a resident for the last 6 months (except the 6 months shall | 22 |
| be waived for members of the Armed Forces) and is a | 23 |
| permanent resident of the United States; | 24 |
| (iii) has a valid Firearm Owner's Identification Card; | 25 |
| (iv) Has not been convicted of a crime punishable by |
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| imprisonment for a term exceeding one year, or of a | 2 |
| misdemeanor evidencing violence, is not free on any form of | 3 |
| bond or pretrial release for a felony or a misdemeanor | 4 |
| evidencing violence, and has no outstanding warrants for | 5 |
| those crimes; | 6 |
| (v) Has no record of mental disease or mental illness | 7 |
| on file that would evidence incapacity, or lack of proper | 8 |
| mental capacity; | 9 |
| (vi) Has not been committed to a state or federal | 10 |
| facility for the abuse of a controlled substance or | 11 |
| cannabis and has not been convicted of a misdemeanor | 12 |
| violation of the Illinois Controlled Substances Act or | 13 |
| Cannabis Control Act or similar laws of any other state | 14 |
| relating to controlled substances or cannabis within a 10 | 15 |
| year period immediately preceding the date on which the | 16 |
| application is submitted; and | 17 |
| (vii) Does not chronically and habitually use | 18 |
| alcoholic beverages as evidenced by the applicant having 2 | 19 |
| or more convictions for violating Section 11-501 of the | 20 |
| Illinois Vehicle Code or a similar provision of a local | 21 |
| ordinance within 5 years preceding his or her application | 22 |
| or the applicant having elected treatment under the | 23 |
| supervision of a licensed program in accordance with the | 24 |
| Alcoholism and Other Drug Abuse and Dependency Act or | 25 |
| similar laws of any other state within a 5 year period | 26 |
| immediately preceding the date on which the application is |
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| submitted.
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| Section 25. Contents of application. The initial | 3 |
| application shall be in writing, under oath and under the | 4 |
| penalties of perjury, on a standard form promulgated by the | 5 |
| county sheriff and shall be accompanied by the appropriate fees | 6 |
| and required documentation. The application shall only contain | 7 |
| or require the following information: | 8 |
| (i) the applicant's name, address, gender, race, date | 9 |
| and place of birth, and driver's license or State | 10 |
| identification card number; | 11 |
| (ii) an affirmation that the applicant is at least 21 | 12 |
| years of age and that the applicant possesses a currently | 13 |
| valid Illinois Firearm Owner's Identification Card, | 14 |
| together with the card number and a photocopy of the | 15 |
| Firearm Owner's Identification Card; | 16 |
| (iii) a full set of legible fingerprints of the | 17 |
| applicant taken by any federal, State, county or municipal | 18 |
| law enforcement agency. Any cost of fingerprinting shall be | 19 |
| paid by the applicant. The State, county or local law | 20 |
| enforcement agencies may not charge more than $10 to | 21 |
| fingerprint an applicant; | 22 |
| (iv) a head and shoulder color photograph taken within | 23 |
| 30 days preceding the date on which the application is | 24 |
| submitted; | 25 |
| (v) questions to certify or demonstrate that the |
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| applicant has completed the firearms and deadly use of | 2 |
| force training and education prerequisites specified under | 3 |
| this Act and a photocopy of a certificate or other evidence | 4 |
| of completion of a course to show compliance; | 5 |
| (vi) a statement that the applicant is a resident of | 6 |
| the State of Illinois and has been a resident for the last | 7 |
| 6 months (except the 6 months shall be waived for members | 8 |
| of the Armed Forces) and is a permanent resident of the | 9 |
| United States; | 10 |
| (vii) a waiver of privacy and confidentiality rights | 11 |
| and privileges enjoyed by the applicant under all federal | 12 |
| and state laws governing justice, psychological, or | 13 |
| psychiatric records, or access to records relating to the | 14 |
| applicant's history of juvenile court, or criminal | 15 |
| institutionalization, and an affirmative request that any | 16 |
| person having custody of any such record provide it or | 17 |
| information concerning it to the sheriff; | 18 |
| (viii) an affirmation that the applicant has never been | 19 |
| convicted of any felony or of a misdemeanor involving the | 20 |
| use or threat of physical force or violence to any person; | 21 |
| and has never been adjudicated a delinquent minor for an | 22 |
| offense which, had he or she been tried as an adult, would | 23 |
| have been such a felony or misdemeanor. The application | 24 |
| shall also contain the following statement along with a | 25 |
| signature line for use by the applicant, which statement | 26 |
| the applicant shall affirm under oath: "I, the undersigned, |
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| state, under oath and subject to the penalty of perjury, | 2 |
| that I am not a streetgang member as defined in Section 10 | 3 |
| of the Illinois Streetgang Terrorism Omnibus Prevention | 4 |
| Act, and I will not join or become associated with a | 5 |
| criminal streetgang."; and | 6 |
| (ix) a conspicuous warning that false statements made | 7 |
| by the applicant will result in prosecution for perjury in | 8 |
| accordance with Section 32-2 of the Criminal Code of 1961.
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| Section 30. Fees. Fees collected under this Act and | 10 |
| deposited into a Citizen Safety and Self-Defense Trust Fund | 11 |
| shall be used exclusively by the sheriff for administrating the | 12 |
| provisions of this Act. Any excess monies in the Fund may be | 13 |
| used to ensure the prompt and efficient processing of | 14 |
| applications received under Section 25 of this Act. The | 15 |
| application fee shall be retained by the office of the sheriff | 16 |
| for official expenses of the office associated with this Act. | 17 |
| Fees for a concealed firearms permit shall be: | 18 |
| New permit..$100 | 19 |
| Renewal..$75
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| Duplicate of a lost or destroyed permit..$25 | 21 |
| Corrected permit due to change of address or name..$25 | 22 |
| Late renewal fee..$25
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| Section 35. Approval of application. | 24 |
| (a) If the sheriff finds that the applicant possesses a |
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| valid Firearm Owner's Identification Card, meets the training | 2 |
| requirements of this Act, and has provided the documentation | 3 |
| and paid the fees required for issuance of a concealed firearms | 4 |
| permit, and that, as nearly as it is possible to determine, | 5 |
| nothing in the applicant's background or present circumstances | 6 |
| disqualify him or her from possessing a firearm in Illinois, | 7 |
| the Sheriff shall approve the application and issue the | 8 |
| applicant a wallet sized permit bearing the photograph, name, | 9 |
| and address of the applicant and identifying the office issuing | 10 |
| the permit within 30 days. | 11 |
| (b) The sheriff may consider an objection or recommendation | 12 |
| made by the sheriff or municipal police department supported by | 13 |
| specific and articulable reasons, in a written report, why the | 14 |
| applicant should be denied a permit and may deny the permit | 15 |
| based solely on those objections. If the objection contains | 16 |
| false, malicious or inaccurate information, the sheriff or | 17 |
| municipal police department filing the objection shall bear all | 18 |
| of the applicant's costs if the applicant prevails in an | 19 |
| appeal. | 20 |
| (c) If the applicant is found to be ineligible, the sheriff | 21 |
| shall deny the application, and notify the applicant in | 22 |
| writing, stating the grounds for denial and informing the | 23 |
| applicant of the right to submit, within 30 days, any | 24 |
| additional documentation relating to the grounds of the denial. | 25 |
| Upon receiving any additional documentation, the sheriff shall | 26 |
| reconsider his decision and inform the applicant within 30 days |
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| of the result of the reconsideration. The applicant shall | 2 |
| further be informed of the right to appeal the denial in the | 3 |
| circuit court of his or her place of residence.
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| Section 40. Revocation of a permit. A permit issued under | 5 |
| Section 35 shall be suspended or revoked if the permit holder | 6 |
| becomes ineligible to be issued a permit under the criteria set | 7 |
| forth in paragraph (i), (ii), (iii), (iv), (v), (vi), or (vii) | 8 |
| of Section 25 or subsection (b) of Section 35 of this Act. | 9 |
| When an order of protection is issued under Section 112A-14 | 10 |
| of the Code of Criminal Procedure of 1963 or under Section 214 | 11 |
| of the Illinois Domestic Violence Act of 1986 against a person | 12 |
| holding a permit issued under this Act, the holder of the | 13 |
| permit shall surrender the permit to the court or to the | 14 |
| officer serving the order. The officer to whom the permit is | 15 |
| surrendered shall forthwith transmit the permit to the court | 16 |
| issuing the order. The permit shall be suspended until the | 17 |
| order is terminated. | 18 |
| Section 45. Notification of renewal. Not later than 120 | 19 |
| days before the expiration of any permit issued under this Act, | 20 |
| the sheriff shall notify the permit holder in writing of the | 21 |
| expiration and furnish an application for renewal of the | 22 |
| permit. | 23 |
| Section 50. Renewal of permit. |
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(a) The permit shall be renewed for a qualified applicant | 2 |
| upon receipt of the properly completed renewal application and | 3 |
| required renewal fee. The renewal application shall contain the | 4 |
| same required information as set forth in paragraphs (i) | 5 |
| through (ix) of Section 25, except that in lieu of the firearm | 6 |
| education and use of deadly force training, the applicant need | 7 |
| only demonstrate previous issuance of and continued | 8 |
| eligibility for a concealed firearms permit. | 9 |
| (b) A permittee who fails to file a renewal application on | 10 |
| or before its expiration date must pay an additional late fee | 11 |
| of $25. A person who fails to renew his or her application | 12 |
| within 6 months after its expiration must reapply for a new | 13 |
| permit and pay the fee for a new application.
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| Section 55. Change of address, change of name, and lost or | 15 |
| destroyed permits. | 16 |
| (a) Within 30 days after changing his or her permanent | 17 |
| residence, and within 30 days after loss or destruction of a | 18 |
| concealed firearms permit, the permittee shall notify the | 19 |
| sheriff of the loss, destruction, change of name, or change of | 20 |
| residence. Failure to notify the Department of State Police | 21 |
| shall constitute a noncriminal violation with a penalty of $25 | 22 |
| payable to the Department of State Police. | 23 |
| (b) If a person issued a permit to carry a concealed | 24 |
| firearm changes residence within this State, or changes his or | 25 |
| her name, the person to whom the permit was issued may, upon |
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| payment of $25 and presentation of their current permit to the | 2 |
| sheriff, obtain a corrected concealed firearms permit with a | 3 |
| change of address or change of name upon furnishing a notarized | 4 |
| statement to the sheriff that the permittee has changed | 5 |
| residence or his or her name, and upon submission of an | 6 |
| application as set forth in paragraph (i) of Section 25 and a | 7 |
| photograph as set forth in paragraph (iv) of Section 25. A | 8 |
| concealed firearms permit shall be automatically invalid after | 9 |
| 30 days if the permittee has not notified the Department of | 10 |
| State Police of a change of residence. A permit corrected under | 11 |
| this subsection shall be issued in 48 hours. | 12 |
| (c) If a permit to carry a concealed firearm is lost or | 13 |
| destroyed, the permit shall be automatically invalid, and the | 14 |
| person to whom the permit was issued may obtain a duplicate, | 15 |
| upon payment of $25 to the sheriff and furnishing a notarized | 16 |
| statement to the sheriff that the permit was lost or destroyed, | 17 |
| and submission of an application as set forth in paragraph (i) | 18 |
| of Section 25 and a photograph as set forth in paragraph (iv) | 19 |
| of Section 25.
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| Section 60. Automated listing.
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| (a) At least monthly, the sheriff shall transmit a listing | 22 |
| of all individuals to whom the Sheriff has issued or revoked a | 23 |
| permit under this Act. That listing shall contain the name, | 24 |
| address, gender, race, date and place of birth, and driver | 25 |
| license or State identification card number. |
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| (b) The Department of State Police shall maintain an | 2 |
| automated listing of permit holders, and this information shall | 3 |
| be available on-line, upon request, at all times to all | 4 |
| Illinois law enforcement agencies. Except as provided in this | 5 |
| Act, information on applications for permits, names and | 6 |
| addresses, or other identifying information relating to permit | 7 |
| holders shall be confidential and shall not be made available | 8 |
| except to law enforcement agencies.
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| Section 65. Privacy of permit holders and applicants. | 10 |
| Except as provided in this Section, information on applications | 11 |
| for permits, names and addresses, or other identifying | 12 |
| information relating to permit holders shall be confidential, | 13 |
| not subject to the Illinois Freedom of Information Act, and | 14 |
| shall not be made available except to law enforcement agencies. | 15 |
| Requests for information about any permit holder or | 16 |
| applicant made by persons other than a bona fide law | 17 |
| enforcement agency shall be made in writing together with any | 18 |
| fee required for providing the information. | 19 |
| No State or local law enforcement agency shall provide a | 20 |
| list of names of any or all holders or applicants in the State | 21 |
| of Illinois or a county licensed to carry a concealed firearm, | 22 |
| except that the Department of State Police or sheriff may, upon | 23 |
| proper application and the payment of the required fee, provide | 24 |
| to the requester, in written form only, confirmation that an | 25 |
| individual has or has not been issued, applied for, or denied a |
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| permit, or had a permit revoked under this Act. No identifying | 2 |
| information other than the name shall be provided. | 3 |
| Only the Department of State Police or sheriff may provide | 4 |
| statistical information on: | 5 |
| (i) the number of permits or applicants issued or | 6 |
| received; | 7 |
| (ii) the race, age, or gender of those issued permits | 8 |
| or applicants;
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| (iii) the county of residence of those issued permits | 10 |
| or applicants; | 11 |
| (iv) the number of permits revoked and for what reason. | 12 |
| Nothing in this Section shall prevent any law enforcement | 13 |
| agency from releasing information about an individual as part | 14 |
| of a criminal investigation. | 15 |
| The names of all persons, other than law enforcement | 16 |
| agencies and peace officers, requesting information under this | 17 |
| Section shall be public records. No other agency of government | 18 |
| other than the Department of State Police or sheriff shall | 19 |
| provide any information to a requester not entitled to it by | 20 |
| law.
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| Section 70. Concealed firearms permit.
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| (a) A concealed firearm permit shall authorize the person | 23 |
| in whose name the permit is issued to carry concealed firearms | 24 |
| on or about his or her person or vehicle throughout the State. | 25 |
| No permit issued under this Section shall authorize any person |
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| to carry a concealed firearm into or upon: | 2 |
| (i) Any state or local police or sheriff's office or | 3 |
| station without the consent of the chief law enforcement | 4 |
| officer in charge of that office or station. | 5 |
| (ii) The facility of any adult or juvenile detention or | 6 |
| correctional institution, prison, or jail. | 7 |
| (iii) Any courthouse solely occupied by the Circuit, | 8 |
| Appellate, or Supreme Court or a courtroom of any of those | 9 |
| courts, or court proceeding, except that nothing in this | 10 |
| Section shall preclude a judge, holding a concealed firearm | 11 |
| permit, from carrying a concealed firearm within a | 12 |
| courthouse. | 13 |
| (iv) Any meeting of the governing body of a unit of | 14 |
| local government; or any meeting of the General Assembly or | 15 |
| a committee of the General Assembly, except that nothing in | 16 |
| this paragraph shall preclude a member of the body or | 17 |
| registered lobbyist holding a concealed firearms permit | 18 |
| from carrying a concealed firearm at a meeting of the body. | 19 |
| The General Assembly or a county or municipality may by | 20 |
| statute or ordinance prohibit or limit the carrying of | 21 |
| concealed firearms by permit holders, other than | 22 |
| permittees described in this paragraph (iv) in that portion | 23 |
| of a building owned, leased or controlled by that unit of | 24 |
| government. That portion of a building in which the | 25 |
| carrying of concealed firearms is prohibited or limited | 26 |
| shall be clearly identified by signs posted at the entrance |
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| to the restricted area. The statute or ordinance shall | 2 |
| exempt any building used for public housing by private | 3 |
| persons, highways or rest areas, firing ranges, and private | 4 |
| dwellings owned, leased, or controlled by that unit of | 5 |
| government from any restriction on the carrying or of | 6 |
| possession of a firearm. The statute or ordinance shall not | 7 |
| specify any criminal penalty for its violation but may | 8 |
| specify that persons violating the statute or ordinance may | 9 |
| be denied entrance to the building, ordered to leave the | 10 |
| building and if the employees of the unit of government, be | 11 |
| subjected to disciplinary measures for violation of the | 12 |
| provisions of the statute or ordinance. The provisions of | 13 |
| this Section shall not apply to any other unit of | 14 |
| government. | 15 |
| (v) Any portion of an establishment licensed to | 16 |
| dispense beer or alcoholic beverages for consumption on the | 17 |
| premises, which portion of the establishment is primarily | 18 |
| devoted to that purpose. | 19 |
| This paragraph (v) does not apply to any bona fide | 20 |
| restaurant open to the general public having dining | 21 |
| facilities for at least 25 persons and that receives at | 22 |
| least 50% of its gross annual income from the dining | 23 |
| facilities by the sale of food. | 24 |
| (vi) Any area of an airport to which access is | 25 |
| controlled by the inspection of persons and property. | 26 |
| (vii) Any place where the carrying of a firearm is |
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| prohibited by federal law. | 2 |
| (viii) Inside any elementary or secondary school | 3 |
| facility without the consent of school authorities. | 4 |
| (ix) Any portion of a building used as a child care | 5 |
| facility without the consent of the manager. Nothing in | 6 |
| this Section shall prevent the operator of a child care | 7 |
| facility in a family home from owning or possessing a | 8 |
| firearm or permit. | 9 |
| (x) A riverboat gambling operation or horse racing | 10 |
| facility accessible by the public. | 11 |
| (xi) Any gated area of an amusement park. | 12 |
| (xii) Any stadium, arena, or collegiate or | 13 |
| professional sporting event. | 14 |
| (xiii) A church or other place of religious worship. | 15 |
| A violation of this subsection (a) is a Class A | 16 |
| misdemeanor. | 17 |
| A concealed firearm permit does not authorize the concealed | 18 |
| carrying or transportation of a stun gun or taser. | 19 |
| (b) The owner, business or commercial lessee, manager of a | 20 |
| private business enterprise, or any other organization, | 21 |
| entity, or person may prohibit persons holding a permit for | 22 |
| concealed firearms from carrying concealed firearms on the | 23 |
| premises and may prohibit employees, not under a collective | 24 |
| bargaining agreement, not authorized by the employer, holding a | 25 |
| permit for concealed firearms from carrying concealed firearms | 26 |
| on the property of the employer. If the building or the |
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| premises are open to the public, the employer of the business | 2 |
| enterprise shall post signs on or about the premises if | 3 |
| carrying a concealed firearm is prohibited. Possession of a | 4 |
| firearm in a vehicle on the premises shall not be a criminal | 5 |
| offense so long as the firearm is not removed from the vehicle | 6 |
| or brandished while the vehicle is on the premises. An employer | 7 |
| may prohibit employees, not under a collective bargaining | 8 |
| agreement, or other persons holding a permit for a concealed | 9 |
| firearm from carrying a concealed firearm in vehicles owned by | 10 |
| the employer. Carrying of a concealed firearm in a location | 11 |
| specified in this subsection by a permit holder shall not be a | 12 |
| criminal act but may subject the person to denial to the | 13 |
| premises or removal from the premises. | 14 |
| (c) Any owner, business or commercial lessee, manager of a | 15 |
| private business enterprise, or any other organization, | 16 |
| entity, or person that prohibits persons holding a permit for | 17 |
| concealed firearms from carrying concealed firearms on the | 18 |
| premises shall be civilly liable for any injury from a criminal | 19 |
| act upon a person holding a permit for carrying a concealed | 20 |
| firearm who was prohibited from carrying a concealed firearm on | 21 |
| the premises. | 22 |
| Section 75. Immunity of sheriff, employees, and agents. The | 23 |
| office of the county sheriff, or any employee or agent of the | 24 |
| county sheriff, shall not be liable for damages in any civil | 25 |
| action arising from alleged wrongful or improper granting, |
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| renewing, or failure to revoke permits issued under this Act. | 2 |
| The office of the county sheriff or any employee or agent of | 3 |
| the office of the county sheriff shall not be liable for | 4 |
| submitting specific and articulable reasons why an applicant | 5 |
| should be denied a permit, unless the objection contains false, | 6 |
| malicious or inaccurate information. The sheriff or municipal | 7 |
| police department filing the objection shall bear all of the | 8 |
| applicant's costs if the applicant prevails in an appeal. | 9 |
| Section 80. Applicant training.
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| (a) The applicant training course shall be the standardized | 11 |
| training course furnished by the Board and taught by a | 12 |
| qualified firearms instructor, consisting of: | 13 |
| (1) Eight hours of classroom instruction, covering at | 14 |
| least the following topics: | 15 |
| (i) handgun safety in the classroom, at home, on | 16 |
| the firing range and while carrying the firearm; | 17 |
| (ii) the basic principles of marksmanship; | 18 |
| (iii) care and cleaning of handguns; | 19 |
| (iv) by means of a videotape produced or approved | 20 |
| by the Board: | 21 |
| (A) the requirements for obtaining a concealed | 22 |
| firearms permit in this State; | 23 |
| (B) laws relating to firearms as prescribed in | 24 |
| the Firearm Owners Identification Card Act, | 25 |
| Article 24 of the Criminal Code of 1961, and 18 |
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| 1 |
| U.S.C. 921 through 930; and | 2 |
| (C) laws relating to the justifiable use of | 3 |
| force as prescribed in Article 7 of the Criminal | 4 |
| Code of 1961; | 5 |
| (v) a written exam not to exceed 100 questions | 6 |
| testing the knowledge of the applicant on the subject | 7 |
| matter covered in the course. | 8 |
| (2) Live firing exercises of sufficient duration for | 9 |
| each applicant to fire a handgun: | 10 |
| (i) from a standing position; | 11 |
| (ii) a minimum of 20 rounds; | 12 |
| (iii) at a distance of 7 yards from a B-21 | 13 |
| silhouette target, or an equivalent as approved by the | 14 |
| Board. | 15 |
| (b) The classroom portion of the course may be, at the | 16 |
| qualified firearms instructor's discretion, divided into | 17 |
| segments of not less than 2 hours each. | 18 |
| (c) (1) An applicant training course shall not be open to | 19 |
| persons who are less than 21 years of age. | 20 |
| (2) Applicant training course students shall complete a | 21 |
| course application form, which shall include a statement | 22 |
| acknowledging receipt of copies of pertinent statutory | 23 |
| provisions listed in clauses (A), (B), and (C) of subparagraph | 24 |
| (iv) of paragraph (1) of subsection (a) and a liability waiver. | 25 |
| (3) The course application form may be obtained from the | 26 |
| qualified firearms instructor at the time of the course.
|
|
|
|
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LRB096 04121 RLC 14162 b |
|
| 1 |
| (d) At the conclusion of the classroom portion of the | 2 |
| applicant training course, the qualified firearms instructor | 3 |
| shall: | 4 |
| (1) distribute a standard course examination to the | 5 |
| students; | 6 |
| (2) not leave the room in which the examination is | 7 |
| being held while the examination is in progress; | 8 |
| (3) collect examination booklets and answer sheets | 9 |
| from each student at the end of the examination period; | 10 |
| (4) not grade the examinations in the presence of | 11 |
| students; and | 12 |
| (5) not divulge an applicant's numeric score on the day | 13 |
| of the examination, but the instructor may indicate whether | 14 |
| an applicant passed or failed the examination. | 15 |
| (e) A person shall not: | 16 |
| (1) Make an unauthorized copy of the applicant training | 17 |
| course examination, in whole or in part; | 18 |
| (2) Possess the applicant training course examination, | 19 |
| or questions from the examination, unless authorized by the | 20 |
| Department; or | 21 |
| (3) Divulge the contents of an applicant training | 22 |
| course examination question to another person.
| 23 |
| (f) (1) Students shall provide their own safe, functional | 24 |
| handgun and factory-loaded ammunition. | 25 |
| (2) Prior to conducting range firing, the certified | 26 |
| firearms instructor shall: |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| (i) inspect each applicant's firearm; and | 2 |
| (ii) not allow the firing of a handgun that is not in | 3 |
| sound mechanical condition or otherwise may pose a safety | 4 |
| hazard. | 5 |
| (g) Grades of "passing" shall not be given on range work to | 6 |
| an applicant who: | 7 |
| (1) does not follow the orders of the certified | 8 |
| firearms instructor; | 9 |
| (2) in the judgment of the certified firearms | 10 |
| instructor, handles a firearm in a manner that poses a | 11 |
| danger to the applicant or to others; or | 12 |
| (3) during the testing portion of the range work fails | 13 |
| to hit the silhouette portion of the target with a majority | 14 |
| of 20 rounds. | 15 |
| (h) Certified firearms instructors shall: | 16 |
| (1) allow monitoring of their classes by officials of | 17 |
| any certifying agency; | 18 |
| (2) make all course records available upon demand to | 19 |
| authorized personnel of the Board; and
| 20 |
| (3) not divulge course records except as authorized by | 21 |
| the certifying agency. | 22 |
| (i)(1) Fees for applicant training courses shall not exceed | 23 |
| $125 per student. | 24 |
| (2) Qualified firearms instructors shall collect the | 25 |
| fee and remit $25 of the fee to the Board. | 26 |
| (3) Fees shall not be refunded to students who fail or |
|
|
|
HB0462 Engrossed |
- 22 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| otherwise do not complete the course.
| 2 |
| (j) An applicant training course shall not have more than | 3 |
| 40 students in the classroom portion or more than 5 students | 4 |
| per range officer engaged in range firing. | 5 |
| (k) Within 3 working days after the completion of the | 6 |
| course, the certified firearms instructor shall: | 7 |
| (1) grade the examinations, and | 8 |
| (2) mail to the Board: | 9 |
| (i) the completed course application form, showing | 10 |
| the student's score on the written examination and | 11 |
| indicating whether the student passed or failed the | 12 |
| range work, and | 13 |
| (ii) the graded examinations. | 14 |
| (l) Within 15 days after receipt of the material described | 15 |
| in subsection (1), the Board shall mail to the applicant:
| 16 |
| (i) A certificate of successful course completion; or | 17 |
| (ii) Notification that the applicant has failed the | 18 |
| course and will not be certified. | 19 |
| (m) A student shall be issued a certificate of completion | 20 |
| if he or she: | 21 |
| (i) answers at least 70% of the written examination | 22 |
| questions correctly; and | 23 |
| (ii) achieves a grade of "passing" on the range work. | 24 |
| (n) (i) Students who score below 70% on the written | 25 |
| examination may retake the examination one time without having | 26 |
| to retake the course. |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| (ii) Students who do not achieve a grade of "passing" | 2 |
| on the range work may repeat the range work twice without | 3 |
| having to retake the course. | 4 |
| (iii) Notices of failure will include information on | 5 |
| whether the student failed the written exam, the range | 6 |
| firing, or both. | 7 |
| Section 90. Firearms instructor certification.
The Board | 8 |
| shall certify instructors who have met the requirements of this | 9 |
| Section. | 10 |
| (a) Persons who are not certified firearms instructors | 11 |
| shall not teach applicant training courses. | 12 |
| (b) Persons who are not certified firearms instructors | 13 |
| shall not advertise or otherwise represent courses they teach | 14 |
| as qualifying their students to meet the requirements to | 15 |
| receive a permit to carry concealed firearms in this State. | 16 |
| (c) Persons who are not certified instructor trainers shall | 17 |
| not teach instructor qualification courses. | 18 |
| (d) Persons wishing to become certified firearms | 19 |
| instructors shall: | 20 |
| (1) be at least 21 years of age; | 21 |
| (2) be a citizen of the United States; and | 22 |
| (3) meet the requirements of subsection (b) of Section | 23 |
| 20. Persons wishing to become instructor trainers, in | 24 |
| addition to the other requirements of this subsection (d), | 25 |
| shall: |
|
|
|
HB0462 Engrossed |
- 24 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| (A) possess at least a high school diploma or GED | 2 |
| certificate, | 3 |
| (B) have at least one of the following valid | 4 |
| firearms instructor certifications: | 5 |
| (I) National Rifle Association Personal | 6 |
| Protection Instructor; | 7 |
| (II) National Rifle Association Pistol | 8 |
| Marksmanship Instructor; | 9 |
| (III) Certification from a firearms | 10 |
| instructor's course offered by a State or federal | 11 |
| governmental agency; or | 12 |
| (IV) A similar firearms instructor qualifying | 13 |
| course, approved by the Police Training Board. | 14 |
| (e) (1) Applicants shall agree to background checks.
| 15 |
| (2) An applicant may be disqualified from becoming a | 16 |
| certified instructor, or have his or her instructor | 17 |
| qualification revoked if the applicant: | 18 |
| (A) does not meet the requirements of this Act to | 19 |
| possess a concealed firearms permit; | 20 |
| (B) provides false or misleading information to | 21 |
| the Board; or | 22 |
| (C) has had a prior instructor qualification | 23 |
| revoked by the Board. | 24 |
| (f) The training course to certify firearms instructors and | 25 |
| instructor trainers shall include: | 26 |
| (1) 16 hours of classroom instruction covering at least |
|
|
|
HB0462 Engrossed |
- 25 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| the following topics: | 2 |
| (i) By means of a videotape produced or approved by the | 3 |
| Board: | 4 |
| (A) the requirements for obtaining a concealed | 5 |
| firearms permit in this State;
| 6 |
| (B) laws relating to firearms as contained in the | 7 |
| Firearm Owners Identification Card Act, Article 24 of | 8 |
| the Criminal Code of 1961, and 18 U.S.C. 921 through | 9 |
| 930; | 10 |
| (C) laws relating to the justifiable use of force | 11 |
| as contained in Article 7 of the Criminal Code of 1961; | 12 |
| (D) the conduct of applicant training courses; | 13 |
| (E) record-keeping requirements of this Act; | 14 |
| (F) the basic nomenclature of handguns; | 15 |
| (G) the basic principles of marksmanship; and | 16 |
| (H) the safe handling of handguns. | 17 |
| (2) A classroom demonstration, during which the | 18 |
| instructor candidate shall receive instruction on and | 19 |
| demonstrate competency in the ability to prepare and | 20 |
| deliver a classroom presentation using materials from the | 21 |
| applicant curriculum. | 22 |
| (3) Range instruction and firing of live ammunition, | 23 |
| during which the instructor candidate shall receive | 24 |
| instruction on and demonstrate competency in the ability | 25 |
| to: | 26 |
| (i) handle and fire a handgun safely and |
|
|
|
HB0462 Engrossed |
- 26 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| accurately; | 2 |
| (ii) conduct a function test and safety inspection | 3 |
| of common types of handguns; | 4 |
| (iii) clean common types of handguns; and | 5 |
| (iv) supervise and conduct live firing exercises | 6 |
| in a safe and efficient manner. | 7 |
| (g) To qualify as a certified firearms instructor or | 8 |
| instructor trainer, instructor candidates shall achieve: | 9 |
| (1) A minimum score of 70% on a written examination | 10 |
| covering the material taught during the classroom portion | 11 |
| of the course; | 12 |
| (2) A minimum score of 80% on range firing of a handgun | 13 |
| from the standing position while aiming at a B-21 PC | 14 |
| silhouette target or an equivalent as approved by the | 15 |
| Board, with a minimum of: | 16 |
| (i) ten rounds from 7 yards; and | 17 |
| (ii) ten rounds from 15 yards; and | 18 |
| (iii) a score of "passing" from the course | 19 |
| instructor for demonstrating competency in each of the | 20 |
| following: | 21 |
| (A) Supervising and conducting live fire; | 22 |
| (B) Cleaning and inspecting handguns; and | 23 |
| (C) Preparing and delivering the classroom | 24 |
| lecture. | 25 |
| (h) Instructor candidates who fail to meet the minimum | 26 |
| requirements of subsection (g) of this Section may retake the |
|
|
|
HB0462 Engrossed |
- 27 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| examination, range work, or classroom demonstration one time | 2 |
| without having to repeat the course. | 3 |
| (i) Qualified firearms instructor and instructor trainer | 4 |
| certificates shall be valid for 5 years from the date of | 5 |
| issuance. Qualified firearms instructors or instructor | 6 |
| trainers may renew their certification by successfully | 7 |
| completing a refresher course offered or approved by the Board. | 8 |
| (j) The fees for instructor trainer or refresher courses | 9 |
| shall be $100 per student. | 10 |
| (1) The fees for qualified instructor courses shall be | 11 |
| no more than $100 per student. The instructor trainer shall | 12 |
| remit $25 per student to the Board. | 13 |
| (2) Fees shall not be refunded to those who do not pass | 14 |
| or otherwise fail to complete a course. | 15 |
| (k) Course participants shall provide their own safe,
| 16 |
| functional handgun and factory-loaded ammunition. | 17 |
| (l) Prior to conducting range firing, the course instructor | 18 |
| shall: | 19 |
| (i) inspect each applicant's firearm; and | 20 |
| (ii) not allow the firing of a handgun which is not in | 21 |
| sound mechanical condition or otherwise may pose a safety | 22 |
| hazard.
| 23 |
| Section 95. Study. The Secretary of State shall conduct a | 24 |
| study to determine the cost and feasibility of creating a | 25 |
| method of adding an identifiable code, background, or other |
|
|
|
HB0462 Engrossed |
- 28 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| means to show that an individual has been issued a permit to | 2 |
| carry a concealed firearm by the sheriff on the person's | 3 |
| driver's license or State identification card. | 4 |
| Section 100. Report. By March 1 of each year, the | 5 |
| Department of State Police shall submit a statistical report to | 6 |
| the Governor, the President of the Senate and the Speaker of | 7 |
| the House of Representatives, indicating the number of permits | 8 |
| issued, revoked, suspended, denied and issued after appeal in | 9 |
| the previous calendar year and in total and also the number of | 10 |
| permits currently valid. The report shall also include the | 11 |
| number of arrests, convictions and types of crimes in the | 12 |
| previous calendar year by individuals issued permits to carry a | 13 |
| concealed firearm. | 14 |
| Section 105. Preemption.
The regulating of carrying | 15 |
| firearms being an exclusive function of the State under Section | 16 |
| 24-1 and 24-1.6 of the Criminal Code of 1961, an ordinance of a | 17 |
| unit of local government, including a home rule unit, is | 18 |
| invalid if it is inconsistent with the Family and Personal | 19 |
| Protection Act. It is declared to be the policy of this State | 20 |
| that the regulation of the right to carry concealed firearms | 21 |
| and the issuance of permits to carry concealed firearms is an | 22 |
| exclusive power and function of the State. A home rule unit may | 23 |
| not regulate the carrying of concealed firearms. This Section | 24 |
| is a denial and limitation of home rule powers and functions |
|
|
|
HB0462 Engrossed |
- 29 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| under subsection (h) of Section 6 of Article VII of the | 2 |
| Illinois Constitution.
| 3 |
| Section 110. Severability. The provisions of this Act are | 4 |
| severable under Section 1.31 of the Statute on Statutes. | 5 |
| Section 115. The Illinois Police Training Act is amended by | 6 |
| adding Section 10.6 as follows: | 7 |
| (50 ILCS 705/10.6 new)
| 8 |
| Sec. 10.6. Family and Personal Protection Act training | 9 |
| course. The Board shall initiate, develop, and oversee a | 10 |
| training course for the Family and Personal Protection Act | 11 |
| pursuant to that Act. The training course shall include all of | 12 |
| the subjects enumerated in the Family and Personal Protection | 13 |
| Act. The Board shall issue a certificate to those persons | 14 |
| successfully completing the course according to that Act.
| 15 |
| Section 120. The Criminal Code of 1961 is amended by | 16 |
| changing Section 24-2 as follows:
| 17 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 18 |
| Sec. 24-2. Exemptions.
| 19 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 20 |
| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 21 |
| the following:
|
|
|
|
HB0462 Engrossed |
- 30 - |
LRB096 04121 RLC 14162 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 |
| Professional Regulation, if their duties
include the | 24 |
| carrying of a weapon under the provisions of the Private
| 25 |
| Detective, Private Alarm,
Private Security, Fingerprint | 26 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged |
|
|
|
HB0462 Engrossed |
- 31 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| in the performance of the duties of their employment or | 2 |
| commuting
between their homes and places of employment, | 3 |
| provided that such commuting
is accomplished within one | 4 |
| hour from departure from home or place of
employment, as | 5 |
| the case may be. Persons exempted under this subdivision
| 6 |
| (a)(5) shall be required to have completed a course of
| 7 |
| study in firearms handling and training approved and | 8 |
| supervised by the
Department of Professional Regulation as | 9 |
| prescribed by Section 28 of the
Private Detective, Private | 10 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 11 |
| Act of 2004, prior
to becoming eligible for this exemption. | 12 |
| The Department of Professional
Regulation shall provide | 13 |
| suitable documentation demonstrating the
successful | 14 |
| completion of the prescribed firearms training. Such
| 15 |
| documentation shall be carried at all times when such | 16 |
| persons are in
possession of a concealable weapon.
| 17 |
| (6) Any person regularly employed in a commercial or | 18 |
| industrial
operation as a security guard for the protection | 19 |
| of persons employed
and private property related to such | 20 |
| commercial or industrial
operation, while actually engaged | 21 |
| in the performance of his or her
duty or traveling between | 22 |
| sites or properties belonging to the
employer, and who, as | 23 |
| a security guard, is a member of a security force of
at | 24 |
| least 5 persons registered with the Department of | 25 |
| Professional
Regulation; provided that such security guard | 26 |
| has successfully completed a
course of study, approved by |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| and supervised by the Department of
Professional | 2 |
| Regulation, consisting of not less than 40 hours of | 3 |
| training
that includes the theory of law enforcement, | 4 |
| liability for acts, and the
handling of weapons. A person | 5 |
| shall be considered eligible for this
exemption if he or | 6 |
| she has completed the required 20
hours of training for a | 7 |
| security officer and 20 hours of required firearm
training, | 8 |
| and has been issued a firearm control card by
the | 9 |
| Department of Professional Regulation. Conditions for the | 10 |
| renewal of
firearm control cards issued under the | 11 |
| provisions of this Section
shall be the same as for those | 12 |
| cards issued under the provisions of the
Private Detective, | 13 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 14 |
| Locksmith Act of 2004. Such
firearm control card shall be | 15 |
| carried by the security guard at all
times when he or she | 16 |
| is in possession of a concealable weapon.
| 17 |
| (7) Agents and investigators of the Illinois | 18 |
| Legislative Investigating
Commission authorized by the | 19 |
| Commission to carry the weapons specified in
subsections | 20 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 21 |
| any investigation for the Commission.
| 22 |
| (8) Persons employed by a financial institution for the | 23 |
| protection of
other employees and property related to such | 24 |
| financial institution, while
actually engaged in the | 25 |
| performance of their duties, commuting between
their homes | 26 |
| and places of employment, or traveling between sites or
|
|
|
|
HB0462 Engrossed |
- 33 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| properties owned or operated by such financial | 2 |
| institution, provided that
any person so employed has | 3 |
| successfully completed a course of study,
approved by and | 4 |
| supervised by the Department of Professional Regulation,
| 5 |
| consisting of not less than 40 hours of training which | 6 |
| includes theory of
law enforcement, liability for acts, and | 7 |
| the handling of weapons.
A person shall be considered to be | 8 |
| eligible for this exemption if he or
she has completed the | 9 |
| required 20 hours of training for a security officer
and 20 | 10 |
| hours of required firearm training, and has been issued a
| 11 |
| firearm control card by the Department of Professional | 12 |
| Regulation.
Conditions for renewal of firearm control | 13 |
| cards issued under the
provisions of this Section shall be | 14 |
| the same as for those issued under the
provisions of the | 15 |
| Private Detective, Private Alarm,
Private Security, | 16 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 17 |
| control card shall be carried by the person so
trained at | 18 |
| all times when such person is in possession of a | 19 |
| concealable
weapon. For purposes of this subsection, | 20 |
| "financial institution" means a
bank, savings and loan | 21 |
| association, credit union or company providing
armored car | 22 |
| services.
| 23 |
| (9) Any person employed by an armored car company to | 24 |
| drive an armored
car, while actually engaged in the | 25 |
| performance of his duties.
| 26 |
| (10) Persons who have been classified as peace officers |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 2 |
| (11) Investigators of the Office of the State's | 3 |
| Attorneys Appellate
Prosecutor authorized by the board of | 4 |
| governors of the Office of the
State's Attorneys Appellate | 5 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 6 |
| State's Attorneys Appellate Prosecutor's Act.
| 7 |
| (12) Special investigators appointed by a State's | 8 |
| Attorney under
Section 3-9005 of the Counties Code.
| 9 |
| (12.5) Probation officers while in the performance of | 10 |
| their duties, or
while commuting between their homes, | 11 |
| places of employment or specific locations
that are part of | 12 |
| their assigned duties, with the consent of the chief judge | 13 |
| of
the circuit for which they are employed.
| 14 |
| (13) Court Security Officers while in the performance | 15 |
| of their official
duties, or while commuting between their | 16 |
| homes and places of employment, with
the
consent of the | 17 |
| Sheriff.
| 18 |
| (13.5) A person employed as an armed security guard at | 19 |
| a nuclear energy,
storage, weapons or development site or | 20 |
| facility regulated by the Nuclear
Regulatory Commission | 21 |
| who has completed the background screening and training
| 22 |
| mandated by the rules and regulations of the Nuclear | 23 |
| Regulatory Commission.
| 24 |
| (14) Manufacture, transportation, or sale of weapons | 25 |
| to
persons
authorized under subdivisions (1) through | 26 |
| (13.5) of this
subsection
to
possess those weapons.
|
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 2 |
| 24-1.6 do not
apply to or affect
any of the following:
| 3 |
| (1) Members of any club or organization organized for | 4 |
| the purpose of
practicing shooting at targets upon | 5 |
| established target ranges, whether
public or private, and | 6 |
| patrons of such ranges, while such members
or patrons are | 7 |
| using their firearms on those target ranges.
| 8 |
| (2) Duly authorized military or civil organizations | 9 |
| while parading,
with the special permission of the | 10 |
| Governor.
| 11 |
| (3) Hunters, trappers or fishermen with a license or
| 12 |
| permit while engaged in hunting,
trapping or fishing.
| 13 |
| (4) Transportation of weapons that are broken down in a
| 14 |
| non-functioning state or are not immediately accessible.
| 15 |
| (5) Carrying a concealed firearm by a permittee who has | 16 |
| been issued a permit to carry a concealed firearm under the | 17 |
| Family and Personal Protection Act. | 18 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 19 |
| of the
following:
| 20 |
| (1) Peace officers while in performance of their | 21 |
| official duties.
| 22 |
| (2) Wardens, superintendents and keepers of prisons, | 23 |
| penitentiaries,
jails and other institutions for the | 24 |
| detention of persons accused or
convicted of an offense.
| 25 |
| (3) Members of the Armed Services or Reserve Forces of | 26 |
| the United States
or the Illinois National Guard, while in |
|
|
|
HB0462 Engrossed |
- 36 - |
LRB096 04121 RLC 14162 b |
|
| 1 |
| the performance of their official
duty.
| 2 |
| (4) Manufacture, transportation, or sale of machine | 3 |
| guns to persons
authorized under subdivisions (1) through | 4 |
| (3) of this subsection to
possess machine guns, if the | 5 |
| machine guns are broken down in a
non-functioning state or | 6 |
| are not immediately accessible.
| 7 |
| (5) Persons licensed under federal law to manufacture | 8 |
| any weapon from
which 8 or more shots or bullets can be | 9 |
| discharged by a
single function of the firing device, or | 10 |
| ammunition for such weapons, and
actually engaged in the | 11 |
| business of manufacturing such weapons or
ammunition, but | 12 |
| only with respect to activities which are within the lawful
| 13 |
| scope of such business, such as the manufacture, | 14 |
| transportation, or testing
of such weapons or ammunition. | 15 |
| This exemption does not authorize the
general private | 16 |
| possession of any weapon from which 8 or more
shots or | 17 |
| bullets can be discharged by a single function of the | 18 |
| firing
device, but only such possession and activities as | 19 |
| are within the lawful
scope of a licensed manufacturing | 20 |
| business described in this paragraph.
| 21 |
| During transportation, such weapons shall be broken | 22 |
| down in a
non-functioning state or not immediately | 23 |
| accessible.
| 24 |
| (6) The manufacture, transport, testing, delivery, | 25 |
| transfer or sale,
and all lawful commercial or experimental | 26 |
| activities necessary thereto, of
rifles, shotguns, and |
|
|
|
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LRB096 04121 RLC 14162 b |
|
| 1 |
| weapons made from rifles or shotguns,
or ammunition for | 2 |
| such rifles, shotguns or weapons, where engaged in
by a | 3 |
| person operating as a contractor or subcontractor pursuant | 4 |
| to a
contract or subcontract for the development and supply | 5 |
| of such rifles,
shotguns, weapons or ammunition to the | 6 |
| United States government or any
branch of the Armed Forces | 7 |
| of the United States, when such activities are
necessary | 8 |
| and incident to fulfilling the terms of such contract.
| 9 |
| The exemption granted under this subdivision (c)(6)
| 10 |
| shall also apply to any authorized agent of any such | 11 |
| contractor or
subcontractor who is operating within the | 12 |
| scope of his employment, where
such activities involving | 13 |
| such weapon, weapons or ammunition are necessary
and | 14 |
| incident to fulfilling the terms of such contract.
| 15 |
| During transportation, any such weapon shall be broken | 16 |
| down in a
non-functioning state, or not immediately | 17 |
| accessible.
| 18 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 19 |
| possession
or carrying of a black-jack or slung-shot by a peace | 20 |
| officer.
| 21 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 22 |
| manager or
authorized employee of any place specified in that | 23 |
| subsection nor to any
law enforcement officer.
| 24 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 25 |
| Section 24-1.6
do not apply
to members of any club or | 26 |
| organization organized for the purpose of practicing
shooting |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| at targets upon established target ranges, whether public or | 2 |
| private,
while using their firearms on those target ranges.
| 3 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 4 |
| to:
| 5 |
| (1) Members of the Armed Services or Reserve Forces of | 6 |
| the United
States or the Illinois National Guard, while in | 7 |
| the performance of their
official duty.
| 8 |
| (2) Bonafide collectors of antique or surplus military | 9 |
| ordinance.
| 10 |
| (3) Laboratories having a department of forensic | 11 |
| ballistics, or
specializing in the development of | 12 |
| ammunition or explosive ordinance.
| 13 |
| (4) Commerce, preparation, assembly or possession of | 14 |
| explosive
bullets by manufacturers of ammunition licensed | 15 |
| by the federal government,
in connection with the supply of | 16 |
| those organizations and persons exempted
by subdivision | 17 |
| (g)(1) of this Section, or like organizations and persons
| 18 |
| outside this State, or the transportation of explosive | 19 |
| bullets to any
organization or person exempted in this | 20 |
| Section by a common carrier or by a
vehicle owned or leased | 21 |
| by an exempted manufacturer.
| 22 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 23 |
| persons licensed
under federal law to manufacture any device or | 24 |
| attachment of any kind designed,
used, or intended for use in | 25 |
| silencing the report of any firearm, firearms, or
ammunition
| 26 |
| for those firearms equipped with those devices, and actually |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| engaged in the
business of manufacturing those devices, | 2 |
| firearms, or ammunition, but only with
respect to
activities | 3 |
| that are within the lawful scope of that business, such as the
| 4 |
| manufacture, transportation, or testing of those devices, | 5 |
| firearms, or
ammunition. This
exemption does not authorize the | 6 |
| general private possession of any device or
attachment of any | 7 |
| kind designed, used, or intended for use in silencing the
| 8 |
| report of any firearm, but only such possession and activities | 9 |
| as are within
the
lawful scope of a licensed manufacturing | 10 |
| business described in this subsection
(g-5). During | 11 |
| transportation, those devices shall be detached from any weapon
| 12 |
| or
not immediately accessible.
| 13 |
| (h) An information or indictment based upon a violation of | 14 |
| any
subsection of this Article need not negative any exemptions | 15 |
| contained in
this Article. The defendant shall have the burden | 16 |
| of proving such an
exemption.
| 17 |
| (i) Nothing in this Article shall prohibit, apply to, or | 18 |
| affect
the transportation, carrying, or possession, of any | 19 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 20 |
| to a common carrier operating
under license of the State of | 21 |
| Illinois or the federal government, where
such transportation, | 22 |
| carrying, or possession is incident to the lawful
| 23 |
| transportation in which such common carrier is engaged; and | 24 |
| nothing in this
Article shall prohibit, apply to, or affect the | 25 |
| transportation, carrying,
or possession of any pistol, | 26 |
| revolver, stun gun, taser, or other firearm,
not the subject of |
|
|
|
HB0462 Engrossed |
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LRB096 04121 RLC 14162 b |
|
| 1 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 2 |
| this Article, which is unloaded and enclosed in a case, firearm
| 3 |
| carrying box, shipping box, or other container, by the | 4 |
| possessor of a valid
Firearm Owners Identification Card.
| 5 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 6 |
| 95-885, eff. 1-1-09.)
| 7 |
| Section 999. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|