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Full Text of HB0148  97th General Assembly

HB0148eng 97TH GENERAL ASSEMBLY



 


 
HB0148 EngrossedLRB097 02774 RLC 42796 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 Family
5and Personal Protection Act.
 
6    Section 10. Definitions. As used in this Act:
7    "Concealed firearm" means a loaded or unloaded handgun
8carried on or about a person completely or mostly concealed
9from view of the public, or carried in a vehicle in such a way
10as it is concealed from view of the public.
11    "Department" means the Department of State Police.
12    "Director" means the Director of State Police.
13    "Fund" means the Citizen Safety and Self-Defense Trust
14Fund.
15    "Handgun" means any device which is designed to expel a
16projectile or projectiles by the action of an explosion,
17expansion of gas, or escape of gas that is designed to be held
18and fired by the use of a single hand, and includes a
19combination of parts from which such a firearm can be
20assembled. "Handgun" does not include a stun gun or taser.
21    "License" means a license issued by the Department of State
22Police to carry a loaded or unloaded concealed firearm.
23    "Licensee" means a person issued a license to carry a

 

 

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1concealed firearm.
2    "Peace officer" means (i) any person who by virtue of his
3or her office or public employment is vested by law with a duty
4to maintain public order or to make arrests for offenses,
5whether that duty extends to all offenses or is limited to
6specific offenses, or (ii) any person who, by statute, is
7granted and authorized to exercise powers similar to those
8conferred upon any peace officer employed by a law enforcement
9agency of this State.
 
10    Section 15. Citizen Safety and Self-Defense Trust Fund.
11Fees from applications for licenses shall be deposited into the
12Citizen Safety and Self-Defense Trust Fund, a special fund that
13is created in the State treasury. Moneys in the Fund may be
14invested and any income from investments shall be deposited
15into the Fund. Subject to appropriation, moneys in the Fund
16shall exclusively be used to assist the Department with the
17administrative costs associated with this Act.
 
18    Section 20. Issuance of licenses to carry a concealed
19firearm.
20    (a) The Department shall issue a license to an applicant
21who (i) meets the qualifications of Section 25; (ii) has
22provided the application and documentation required in Section
2330; and (iii) has submitted the requisite fees. The Department
24shall issue a renewal, corrected, or duplicate license in

 

 

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1accordance with this Act.
2    (a-5) A licensee shall possess a license at all times the
3licensee carries a concealed firearm except (i) if the person
4is carrying or possessing a concealed firearm and the person is
5on his or her land or in his or her abode or legal dwelling or
6in the abode or legal dwelling of another person as an invitee
7with that person's permission; (ii) if the person is authorized
8to carry a firearm under Section 24-2 of the Criminal Code of
91961; or (iii) the handgun is broken down in a non-functioning
10state, is not immediately accessible, or is enclosed in a case,
11firearm carrying box, shipping box, or other container.
12    (a-10) A licensee shall display the license upon the
13request of a peace officer or person designated to enforce the
14provisions of Section 70.
15    (b) The Department shall make applications for a license
16available no later than 180 days after the effective date of
17this Act. Applications shall be available at Department
18locations, sheriff offices, on the Department's official
19website, and any other location designated by the Department.
20    (c) A completed application for a license shall be
21submitted to the office of the sheriff of the county in which
22the applicant resides with all accompanying materials and fees.
23The sheriff shall review the application and submit a completed
24application, all accompanying materials, and the application
25fee to the Department within 30 days of receipt. The sheriff
26shall promptly return an incomplete application to the

 

 

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1applicant. Each applicant for a license shall submit a $100
2application fee, of which $25 shall be retained by the sheriff
3for expenses related to receiving and reviewing applications,
4and $75 shall be submitted to the Department and deposited into
5the Citizen Safety and Self Defense Trust Fund. The sheriff may
6require an applicant submit the fee in 2 portions: (1) $25
7payable to the sheriff, and (2) $75 payable to the Department.
8    (d) A sheriff may submit an objection to an application,
9provided the objection is in writing, includes specific reasons
10for the objection, and is submitted with the application. Upon
11request of a municipal law enforcement agency, the sheriff
12shall notify the department of the name, address, and date of
13birth of any person submitting an application for a license.
14The municipal police department may submit to the sheriff
15information deemed to be relevant to the application, and the
16sheriff may consider such information when determining whether
17to submit an objection. Any objection submitted by a sheriff,
18including reports submitted to a sheriff by a municipal law
19enforcement agency, must be disclosed to the applicant unless
20disclosure would interfere with a criminal investigation, or as
21determined by the Department, disclosure may threaten the
22safety or welfare of the sheriff or local law enforcement
23agency.
24    (e) Notwithstanding subsection (a), the Department may
25consider any objection or recommendation made by the sheriff
26and may determine the applicant is ineligible based solely on

 

 

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1those objections. If the applicant is found by the Department
2to be ineligible, the Department shall deny the application and
3notify the applicant and the sheriff in writing, stating the
4grounds for denial. The notice of denial must inform the
5applicant that he or she may, within 30 days, appeal the denial
6and submit additional materials relevant to the grounds for
7denial. Upon receiving any additional documentation, the
8Department shall reconsider its decision and inform the
9applicant within 30 days of the result of the reconsideration.
10If upon reconsideration the Department denies the application,
11the applicant must be informed of the right to administrative
12review.
13    (f) The license shall be issued by the Department within 45
14days of receipt of a completed application from a sheriff. A
15license shall be valid throughout the State for a period of 5
16years.
17    (g) The Department shall promulgate rules to implement the
18provisions of this Section.
 
19    Section 25. Qualifications of an applicant for a license.
20The Department shall issue a license to an applicant completing
21an application in accordance with Section 30 of this Act if the
22person:
23        (a) is at least 21 years of age;
24        (b) has a valid Firearm Owner's Identification Card, or
25    if applying for a non-resident license, has a notarized

 

 

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1    document stating the applicant is eligible under federal
2    law and the laws of his or her home state to own a handgun;
3        (c) resides within the State of Illinois or resides in
4    another state and requests a license under Section 65;
5        (d) has not been convicted in Illinois or any other
6    state of (i) a felony, (ii) a misdemeanor involving the use
7    or threat of physical force or violence to any person
8    within the 10 years preceding the date of the application,
9    or (iii) a misdemeanor involving the use, possession, or
10    distribution of a controlled substance or cannabis within
11    the 10 years preceding the date of the application;
12        (e) has not been a patient in a mental institution
13    within the past 5 years, has not been adjudicated as having
14    a mental defect, or is not mentally retarded;
15        (f) is not free on any form of bond or pretrial
16    release, other than for a traffic offense or other
17    disqualifying act, and has no outstanding warrants in
18    Illinois or any other state;
19        (g) does not chronically and habitually abuse
20    alcoholic beverages as evidenced by the applicant having 2
21    or more convictions for violating Section 11-501 of the
22    Illinois Vehicle Code or similar provision of a local
23    ordinance within 5 years preceding the date of the
24    application, or if the applicant has elected treatment
25    under the supervision of a licensed program in accordance
26    with the Alcoholism and Other Drug Abuse and Dependency Act

 

 

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1    or similar laws of any other state, within 5 years
2    preceding the date of the application; and
3        (h) has completed firearms training and any
4    educational component required in Section 85 of this Act.
 
5    Section 30. Contents of application.
6    (a) The application shall be in writing, under oath and
7penalty of perjury, on a standard form promulgated by the
8Department and shall be accompanied by the documentation
9required in this Section and all applicable fees.
10    (b) The application shall contain the following
11information:
12        (i) the applicant's name, current address, gender,
13    date and year of birth, place of birth, height, weight,
14    hair color, eye color, maiden name or any other name the
15    applicant has used or identified with, and any address at
16    which the applicant resided for more than 30 days within
17    the 5 years preceding the date of the application;
18        (ii) the applicant's driver's license or state
19    identification card number and the last 4 digits of the
20    applicant's social security number;
21        (iii) questions to certify or demonstrate the
22    applicant has completed firearms training and any
23    educational component required in Section 85 of this Act;
24        (iv) a statement that the applicant is a resident of
25    the State of Illinois, except persons applying under

 

 

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1    Section 65 shall be instructed to submit the information
2    required in that Section;
3        (v) a waiver of privacy and confidentiality rights and
4    privileges enjoyed by the applicant under all federal and
5    State laws, including those governing access to juvenile
6    court, criminal justice, psychological or psychiatric
7    records, or records relating to the applicant's history of
8    institutionalization, and an affirmative request that any
9    person having custody of any such record provide it or
10    information concerning it to the Department;
11        (vi) a conspicuous warning that false statements made
12    by the applicant will result in prosecution for perjury in
13    accordance with Section 32-2 of the Criminal Code of 1961;
14        (vii) an affirmation that the applicant either
15    possesses a currently valid Illinois Firearm Owner's
16    Identification Card, in which case the application shall
17    include the card number, or is applying for the card in
18    conjunction with the application for a license, except
19    persons applying under Section 65 shall be instructed to
20    submit a copy of a valid license to carry a handgun issued
21    by their home state, if applicable, or submit a notarized
22    document stating the applicant is eligible under the laws
23    of his or her home state to possess a handgun; and
24        (viii) an affirmation that the applicant has never been
25    convicted in Illinois or any other state of (i) a felony,
26    (ii) a misdemeanor involving the use or threat of physical

 

 

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1    force or violence to any person within the 10 years
2    preceding the date of the application, or (iii) a
3    misdemeanor involving the use, possession, or distribution
4    of a controlled substance or cannabis within the 10 years
5    preceding the date of the application.
6    (c) A person applying for a license shall provide a head
7and shoulder color photograph in a size specified by the
8Department that was taken within the 30 days preceding the date
9of the application. The applicant shall consent to the
10Department reviewing and using the applicant's digital
11driver's license or Illinois Identification photograph and
12signature, if available. The Secretary of State shall allow the
13Department access to the photograph and signature for the
14purpose of identifying the applicant and issuing to the
15applicant a license.
16    (d) A person applying for a license shall submit with an
17application a full set of legible fingerprints. Fingerprinting
18may be administered by the Department or any other federal,
19State, county, or municipal law enforcement agency. The cost of
20fingerprinting shall be paid by the applicant, provided that
21the Department or law enforcement agency may charge no more
22than $25 for a single set of fingerprints. The Department shall
23accept a hard copy or electronic version of fingerprints.
24    (e) A person applying for a license shall submit a
25photocopy of a certificate or other evidence of completion of a
26course to show compliance with Section 85 of this Act.

 

 

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1    (f) The Department is authorized to establish a system for
2electronically submitting applications, including applications
3for renewal or a replacement license.
 
4    Section 35. Database of applicants and licensees.
5     (a) The Department shall maintain a database of applicants
6for a license and licenses. The database shall be available to
7all Illinois law enforcement agencies, State's Attorneys, and
8the Attorney General. Members and staff of the judiciary may
9access the database for the purpose of determining whether to
10confiscate a license or to ensure compliance with this Act or
11any other law. The database shall be searchable and provide all
12information included in the application, a photo of the
13applicant or licensee, and any information related to
14violations of this Act. Individual law enforcement agencies
15shall not maintain a separate, searchable database of
16applicants and licensees containing information included in
17the database.
18    (b) The Department shall make available on its website and
19upon request under the Freedom of Information Act statistical
20information about the number of licenses issues by county, age,
21race, or gender. Such report shall be updated monthly. Except
22as provided in this subsection, applications and information in
23the database shall be confidential and exempt from disclosure
24under the Freedom of Information Act. The Department may answer
25requests to confirm or deny whether a person has been issued a

 

 

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1license as part of inquiries dealing with a criminal
2investigation. Individual law enforcement agencies, State's
3Attorneys, and judicial staff shall sign a confidentiality
4agreement, prepared by the Department, prior to receiving
5access to the database. No law enforcement agency, State's
6Attorney, or member or staff of the judiciary, other than the
7Department, shall provide any information to a requester not
8entitled to it by law, except as required or necessary for the
9conduct of a criminal investigation.
 
10    Section 40. Suspension or revocation of a license.
11    (a) A license issued or renewed under this Act shall be
12revoked if, at any time, the licensee is found ineligible for a
13license based on the criteria set forth in Section 25 of this
14Act or the licensee no longer possesses a Firearm Owner's
15Identification Card or a non-resident licensee if his or her
16home state has revoked a license to carry a firearm. This
17subsection shall not apply to a person who has filed an
18application with the State Police for renewal of a Firearm
19Owner's Identification Card and who is not otherwise ineligible
20to obtain a Firearm Owner's Identification Card.
21    (b) A license shall be suspended if an order of protection
22under Section 112A-14 of the Code of Criminal Procedure of 1963
23or under Section 214 of the Illinois Domestic Violence Act of
241986 is issued against a licensee. The license shall be
25suspended for the duration of the order or until the order is

 

 

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1terminated by a court and the Department shall not reissue or
2renew a license for the duration of the order or until the
3order is terminated. If an order of protection is issued
4against a licensee, the licensee shall surrender the license,
5as applicable, to the court at the time the order is entered or
6to the law enforcement agency or entity designated to serve
7process at the time the licensee is served the order. The
8court, law enforcement agency, or entity responsible for
9serving the order shall transmit the license to the Department.
10    (c) The Department may temporarily or permanently suspend a
11license for a violation of Section 70 of this Act in accordance
12with subsection (i) of Section 70.
13    (d) A license shall be invalid upon expiration of the
14license, unless the licensee has submitted an application to
15renew the license. A person who fails to renew his or her
16application within 6 months after its expiration must reapply
17for a new license and pay the fee for a new application.
18    (e) The Department may suspend a license if a licensee
19fails to submit a change of address or name or fails to report
20a lost or destroyed license to the Department within 30 days.
 
21    Section 45. Renewal of license.
22    (a) Not later than 120 days before the expiration of any
23license issued under this Act, the Department shall notify the
24licensee in writing of the expiration and furnish an
25application for renewal of the license or make such an

 

 

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1application available on-line.
2    (b) Applications for renewal of a license shall be made
3directly to the Department. A license shall be renewed for a
4period of 5 years upon receipt of a completed renewal
5application and a $50 renewal fee. The renewal application
6shall contain the information required in Section 30, except
7that the applicant need not resubmit a full set of
8fingerprints. Each applicant for a renewal shall submit, on a
9form prescribed by the Department, proof that the applicant (i)
10has participated in at least one shooting competition with a
11handgun within 6 months of the application for renewal, (ii)
12has completed an equivalent range exercise as prescribed in
13Section 85 and attested to by any instructor qualified under
14this Act, a certified law enforcement instructor, or NRA
15certified instructor or (iii) has completed Firearms
16Instructor Training under Section 90. The Department shall make
17the range recertification form available on its website or as
18part of a renewal application.
 
19    Section 50. Change of address, change of name, or lost or
20destroyed licenses.
21    (a) The licensee shall notify the Department within 30 days
22of moving or changing a residence or any change of name, and
23upon the discovery of the loss or destruction of a license.
24    (b) If a licensee changes residence within this State or
25changes his or her name, the licensee shall request a new

 

 

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1license. The licensee shall submit a $25 fee, a notarized
2statement that the licensee has changed residence or his or her
3name, and a photograph as required in Section 30 of this Act.
4The statement must include the prior and current address or
5name and the date the applicant moved or changed his or her
6name.
7    (c) A lost or destroyed license shall be invalid. To
8request a new license, the licensee shall submit (i) a $25 fee,
9(ii) a notarized statement that the licensee no longer
10possesses the license and that it was lost or destroyed, (iii)
11a copy of a police report stating that the license was lost,
12destroyed, or stolen, and (iv) a photograph as required in
13Section 30 of this Act.
 
14    Section 65. Non-resident applications. A person from
15another state or territory of the United States may apply for a
16non-resident license. The applicant shall apply to the
17Department and must meet the qualifications established in
18Section 25. The applicant shall submit (i) the application and
19documentation required in Section 30; (ii) a notarized document
20stating the applicant (A) is eligible under federal law and the
21laws of his or her home state to own a firearm, (B) if
22applicable, has a license or permit to carry a firearm or
23concealed firearm issued by his or her home state and that a
24copy is attached to the application, (C) understands Illinois
25laws pertaining to the possession and transport of firearms,

 

 

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1and (D) acknowledges that the applicant is subject to the
2jurisdiction of the Department and Illinois courts for any
3violation of this Act; and (iii) a $100 application fee. In
4lieu of an Illinois State driver's license or identification
5card, he or she shall provide similar documentation from his or
6her state or territory.
 
7    Section 70. Restrictions.
8    (a) No license issued under this Act shall authorize any
9person to knowingly carry a concealed firearm into:
10        (i) Any building under the control of the Governor,
11    Lieutenant Governor, Attorney General, Secretary of State,
12    Comptroller, or Treasurer.
13        (ii) Any building under control of the General Assembly
14    or any of its support service agencies, including the
15    portion of a building in which a committee of the General
16    Assembly convenes for the purpose of conducting meetings of
17    committees, joint committees, or legislative commissions.
18        (iii) Any courthouse or building occupied in whole or
19    in part by the Circuit, Appellate, or Supreme Court or a
20    room designated as a courtroom for court proceedings by any
21    of these courts.
22        (iv) Any meeting of the governing body of a unit of
23    local government or special district.
24        (v) Any establishment licensed to dispense alcoholic
25    beverages for consumption on the premises if less than 50%

 

 

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1    of its annual gross income comes from 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) Any elementary or secondary school without the
7    consent of school authorities. School authorities shall
8    inform the appropriate law enforcement agency and any law
9    enforcement personnel on site of such consent.
10        (ix) Any portion of a building used as a child care
11    facility without the consent of the manager. Nothing in
12    this Section shall prevent the operator of a child care
13    facility in a family home from owning or possessing a
14    firearm or license.
15        (x) Any gaming facility licensed under the Riverboat
16    Gambling Act or the Illinois Horse Racing Act of 1975.
17        (xi) Any gated area of an amusement park.
18        (xii) Any stadium, arena, or collegiate or
19    professional sporting event.
20        (xiii) A mental health facility.
21        (xiv) Any community college, college, or university
22    campus without consent of the school authorities. School
23    authorities shall inform the appropriate law enforcement
24    agency and any law enforcement personnel on site of such
25    consent.
26        (xv) A library without the written consent of the

 

 

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1    library's governing body. The governing body shall inform
2    the appropriate law enforcement agency of such consent.
3        (xvi) Any police, sheriff, or State Police office or
4    station without the consent of the chief law enforcement
5    officer in charge of that office or station.
6        (xvii) Any adult or juvenile detention or correctional
7    institution, prison, or jail.
8    (b) A municipality or school district may prohibit or limit
9licensees from carrying a concealed firearm into or within any
10building owned, leased, or controlled by that municipality or
11school district by a majority vote of members of its governing
12board. A resolution or ordinance shall not prohibit a licensee
13from carrying a concealed firearm in any building used for
14public housing, on any sidewalk, on any highway or roadway, or
15in any public restroom. A resolution or ordinance shall not
16prohibit a licensee from carrying a concealed firearm in a
17public transportation facility or while accessing the services
18of a public transportation agency. For purposes of this
19Section, "public transportation facility" means a terminal or
20other place where one may obtain public transportation. For
21purposes of this Section, "public transportation agency" means
22a public or private agency that provides for the transportation
23or conveyance of persons by means available to the general
24public, except for transportation by automobiles not used for
25conveyance of the general public as passengers. The resolution
26or ordinance may specify that persons violating the resolution

 

 

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1or ordinance may be denied entrance to the building and
2subjected to a civil fine of no more than $100 for any
3violation of the provisions of the resolution or ordinance.
4    (c) The owner, business or commercial lessee, or manager of
5a private business enterprise, or any other private
6organization, entity, or person, may prohibit licensees from
7carrying a concealed firearm on the premises under its control.
8However, any owner shall allow for any lessee to carry or
9possess a concealed firearm in accordance with this Act in any
10part of a building or upon any property he or she leases.
11    (d) Any person licensed under this Act who is prohibited
12from carrying a concealed firearm into a building or on the
13premises as specified in subsection (a) or designated in
14accordance with subsection (b) or (c) shall be permitted to
15store that handgun or ammunition out of plain sight in a locked
16vehicle or in a locked compartment or container within his or
17her vehicle. A licensee shall not be in violation of this
18Section while he or she is traveling along a public right of
19way that touches or crosses any of the premises specified in
20subsection (a) or designated under subsection (b) or (c) if the
21handgun is carried on his or her person in accordance with the
22provisions of this Act or is being transported in a vehicle by
23the licensee in accordance with all other applicable provisions
24of law. A licensee shall not be in violation of subsection (b)
25or (c) of this Section if a building or premises designated
26under subsection (b) or (c) fails to post a sign.

 

 

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1    (e) If a law enforcement officer initiates an investigative
2stop, including but not limited to a traffic stop, of a
3licensee who is carrying a concealed firearm, the licensee
4shall immediately disclose to the officer that he or she is in
5possession of a concealed firearm pursuant to this Act.
6    (f) A licensee shall not carry a concealed firearm while
7under the influence of illegal drugs or hallucinogenic drugs or
8alcohol. For the purposes of this subsection (f), under the
9influence of alcohol means a blood alcohol content of .08 or
10greater.
11    (g) Signs stating that the carrying of a concealed firearm
12is prohibited shall be clearly and conspicuously posted at
13every entrance of a building or premises specified in
14subsection (a) or designated in accordance with subsection (b)
15or (c). The Department shall promulgate rules for standardized
16signs to be used under this subsection.
17    (h) A violation of subsection (a), (b), (c), (d), (e), or
18(f) is a Class B misdemeanor. A willful violation of subsection
19(a), (b), (c), (d), (e), or (f) is a Class A misdemeanor. The
20court may require a licensee to pay a $150 fee, in addition to
21any other fees or court costs, for a violation of subsection
22(e).
23    (i) The Department may suspend a license for up to 90 days
24for a violation of subsection (a), (b), (c), (d), (e), or (f)
25or up to 180 days for a willful violation of subsection (a),
26(b), (c), (d), (e), or (f). The Department shall permanently

 

 

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1revoke a license for 3 or more violations of this Section.
 
2    Section 75. Immunity, employees, and agents. The office of
3the county sheriff, or any employee or agent of the county
4sheriff, or the Department of State Police shall not be liable
5for damages in any civil action arising from alleged wrongful
6or improper granting, renewing, or failure to revoke licenses
7issued under this Act, except for willful or wanton misconduct.
8The office of the county sheriff and any employees or agents
9shall not be liable for submitting specific or articulable
10reasons why an applicant should be denied a license, unless the
11objection contains false, malicious, or inaccurate information
12and the objection constituted willful and wanton misconduct.
 
13    Section 80. Fees.
14    (a) Fees collected under this Act by the Department and
15deposited into the Citizen Safety and Self-Defense Trust Fund
16shall be appropriated for administration of this Act.
17    (b) Fees shall be:
18    New license: $100.
19    Renewal of license: $50.
20    Duplicate license due to lost or destroyed: $25.
21    Corrected license due to change of address or name: $25.
22    Late renewal fee: $25.
23    (c) By March 1 of each year, the Department shall submit a
24statistical report to the Governor, the President of the

 

 

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1Senate, and the Speaker of the House of Representatives
2indicating the number of licenses issued, revoked, suspended,
3denied, and issued after appeal since the last report and in
4total and also the number of licenses currently valid. The
5report shall also include the number of arrests and convictions
6and the types of crimes committed since the last report by
7licensees.
8    (d) The Secretary of State shall conduct a study to
9determine the cost and feasibility of creating a method of
10adding an identifiable code, background, or other means to show
11that an individual has been issued a license by the Department
12on the person's driver's license.
 
13    Section 85. Applicant training.
14    (a) The applicant training course shall be the standardized
15training course furnished by the Department and taught by a
16qualified firearms instructor, consisting of 8 hours of
17instruction, covering at least the following topics:
18        (i) handgun safety in the classroom, at home, on the
19    firing range, or while carrying the firearm;
20        (ii) the basic principles of marksmanship;
21        (iii) care and cleaning of handguns; and
22        (iv) by means of a videotape produced or approved by
23    the Department:
24            (A) the requirements for obtaining a license to
25        carry a concealed firearm in this State;

 

 

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1            (B) laws relating to firearms as prescribed in the
2        Firearm Owners Identification Card Act, Article 24 of
3        the Criminal Code of 1961, and 18 U.S.C. 921 through
4        930; and
5            (C) laws relating to the justifiable use of force
6        as prescribed in Article 7 of the Criminal Code of
7        1961.
8        (v) live firing exercises of sufficient duration for
9    each applicant to fire a handgun:
10            (A) a minimum of 30 rounds; and
11            (B) 20 rounds from a distance of 7 yards and 10
12        rounds from a distance of 15 yards at a B-21 silhouette
13        or equivalent target as approved by the Department.
14    (b) The classroom portion of the course may, at the
15qualified firearms instructor's discretion, be divided into
16segments of not less than 2 hours each.
17    (c) Applicant training courses shall not be open to anyone
18under the age of 16 and no certificate of completion shall be
19issued to persons less than 20 years of age.
20    (c-5) Instructors shall maintain all records for students'
21performance for not less than 5 years.
22    (d) Qualified firearms instructors may only discuss the
23contents of the video or the statutory provisions listed in
24clauses (A), (B), and (C) of subparagraph (iv) of paragraph (a)
25to ensure the students comprehend the subject matter for
26preparation of the written exam.

 

 

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1    (e) At the conclusion of the classroom portion of the
2applicant training course, the qualified firearms instructor
3shall:
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; and
10        (4) not grade the examinations in the presence of
11    students.
12    (f) A person shall not:
13        (1) make an unauthorized copy of the applicant training
14    course examination, in whole or in part;
15        (2) possess the applicant training course examination,
16    or questions from the examination, unless authorized by the
17    Department; or
18        (3) divulge the contents of an applicant training
19    course examination questions to another person.
20    (g) Students shall provide their own safe, functional
21handgun and factory-loaded ammunition.
22    (h) Grades of "passing" shall not be given on range work to
23an applicant who:
24        (1) does not follow the orders of the certified
25    firearms instructor;
26        (2) in the judgment of the certified firearms

 

 

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1    instructor, handles a firearm in a manner that poses a
2    danger to the applicant or to others; or
3        (3) during the testing portion of the range work fails
4    to hit the silhouette portion of the target with 70% of the
5    30 rounds fired.
6    (i) Certified firearms instructors shall:
7        (1) allow monitoring of their classes by officials of
8    any certifying agency;
9        (2) make all course records available upon demand to
10    authorized personnel of the Department; and
11        (3) not divulge course records except as authorized by
12    the certifying agency.
13    (j) Fees for applicant training courses shall be set by the
14instructor.
15    (k) An applicant training course shall not have more than
1640 students in the classroom portion or more than 5 students
17per range officer engaged in range firing.
18    (l) Within 3 business days after the completion of the
19course, the certified firearms instructor shall:
20        (1) grade the examinations; and
21        (2) issue to the student:
22            (i) a certificate of successful course completion;
23        nothing in this Section shall prevent the instructor
24        from issuing the certificate on the same day as the
25        course was completed; or
26            (ii) notification that the applicant has failed

 

 

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1        the written portion of the course, the live firing
2        portion of the course, or both, and will not be issued
3        a certificate of completion.
4    (m) A student shall be issued a certificate of completion
5if he or she:
6        (i) answers at least 70% of the written examination
7    questions correctly. The Department shall develop the
8    written exam not to exceed 50 questions; and
9        (ii) achieves a grade of "passing" on the range work.
10    (n)(1) Students who score below 70% on the written
11examination may retake the examination one time without having
12to retake the course.
13    (2) Students who do not achieve a grade of "passing" on the
14range work may repeat the range work one time without having to
15retake the course.
16    (o) The Department shall make materials for applicant
17training available to qualified instructors online through the
18Department's website or Internet. If the Department fails to
19have training materials available 90 days after the effective
20date of this Act, then the requirements of this Section shall
21be deemed to have been met by the applicant providing proof of
22passage of a National Rifle Association Basic Pistol Course.
23    (p) For purposes of this Section, successful completion of
24Firearms Instructor Training under Section 90 shall meet the
25training requirements of this Section.
 

 

 

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1    Section 90. Firearms instructors training.
2    (a) Not later than 90 days after the effective date of this
3Act, the Department shall offer and teach courses to qualify
4instructors under this Section in each State Police District.
5Courses shall be available at least bi-monthly, or whenever 5
6or more individuals request a class in any State Police
7District. However, nothing in this Section shall require a
8course to be held if there are no requests pending, and
9adjoining districts may combine classes in order to have at
10least 5 participants.
11    (b) Persons who are not qualified firearms instructors
12shall not teach applicant training courses.
13    (c) Persons who are not qualified firearms instructors
14shall not advertise or otherwise represent courses they teach
15as qualifying their students to meet the requirements to
16receive a license under this Act.
17    (d) Persons who are not certified instructor trainers shall
18not teach instructor qualification courses.
19    (e) Persons wishing to become qualified firearms
20instructors shall:
21        (1) be at least 21 years of age;
22        (2) be a citizen of the United States; and
23        (3) meet the requirements of subsection (c) of Section
24    25.
25    (f) Persons wishing to become instructor trainers, in
26addition to the requirements of subsection (e) of this Section,

 

 

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1shall:
2        (1) possess a high school diploma or GED certificate;
3    and
4        (2) have at least one of the following valid firearms
5    instructor certifications:
6            (i) any National Rifle Association Instructor
7        Certification;
8            (ii) certification from a firearms instructor's
9        course offered by a State or federal governmental
10        agency; or
11            (iii) a similar firearms instructor qualifying
12        course, approved by the Director of State Police or his
13        or her designee.
14    (g)(1) Applicants shall agree to background checks.
15    (2) An applicant may be disqualified from taking firearms
16instructor training, or have his or her instructor
17qualification revoked, if the applicant:
18        (A) does not meet the requirements of this Act to
19    possess a license;
20        (B) provides false or misleading information on the
21    application; or
22        (C) has had a prior instructor qualification revoked by
23    the Department or other issuing body.
24    (h) The training course to certify firearms instructors and
25instructor trainers shall include:
26        (1) Not more than 16 hours of instruction covering at

 

 

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1    least the following topics by means of a videotape produced
2    or approved by the Department:
3            (A) the requirements for obtaining a license under
4        this Act;
5            (B) laws relating to firearms as contained in the
6        Firearm Owners Identification Card Act, Article 24 of
7        the Criminal Code of 1961, 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 1961;
11            (D) the conducting 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;

 

 

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1            (ii) conduct a function test and safety inspection
2        of revolvers and pistols;
3            (iii) clean revolvers and pistols; and
4            (iv) supervise and conduct live firing exercises
5        in a safe and efficient manner.
6    (i) 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; and
11        (2) a minimum score of 70% on range firing of a handgun
12    while aiming at a B-21 silhouette target or an equivalent
13    as approved by the Department, with a minimum of:
14            (i) twenty rounds from 7 yards; and
15            (ii) ten rounds from 15 yards; and
16            (iii) a score of "passing" from the course
17        instructor for demonstrating competency in each of the
18        following:
19                (A) supervising and conducting live fire;
20                (B) cleaning and inspecting handguns; and
21                (C) preparing and delivering the classroom
22            lecture.
23    (j) Instructor candidates who fail to meet the minimum
24requirements of subsection (i) of this Section may retake the
25examination, range work, or classroom demonstration one time
26without having to repeat the course.

 

 

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1    (k) Qualified firearms instructor and instructor trainer
2certificates shall be valid for 10 years from the date of
3issue. Qualified firearms instructors or instructor trainers
4may renew their certification by successfully completing a
5refresher course offered or approved by the Department.
6    (l) The fees for instructor courses or refresher courses
7shall be $100 per student paid to the Department. Fees shall
8not be refunded to those who do not pass or otherwise fail to
9complete a course.
10    (m) Course participants shall provide their own safe,
11functional handgun and factory-loaded ammunition.
12    (n) Prior to conducting range firing, the course instructor
13shall:
14        (i) inspect each applicant's firearm; and
15        (ii) not allow the firing of a handgun which is not in
16    sound mechanical condition or otherwise may pose a safety
17    hazard.
 
18    Section 95. Preemption. It is declared to be the policy of
19this State that it is an exclusive power and function of the
20State to regulate the possession and transportation of handguns
21and the issuance of licenses to carry a concealed firearm.
22Except as provided in subsection (b) of Section 70, a home rule
23unit shall not regulate the possession or transportation of
24handguns. A home rule unit shall not regulate the number of
25handguns or require registration of handguns possessed by a

 

 

HB0148 Engrossed- 31 -LRB097 02774 RLC 42796 b

1person licensed under this Act. This Section is a denial of
2home rule powers and functions under subsection (i) of Section
36 of Article VII of the Illinois Constitution.
 
4    Section 100. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 900. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory Exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12    (a) All information determined to be confidential under
13Section 4002 of the Technology Advancement and Development Act.
14    (b) Library circulation and order records identifying
15library users with specific materials under the Library Records
16Confidentiality Act.
17    (c) Applications, related documents, and medical records
18received by the Experimental Organ Transplantation Procedures
19Board and any and all documents or other records prepared by
20the Experimental Organ Transplantation Procedures Board or its
21staff relating to applications it has received.
22    (d) Information and records held by the Department of
23Public Health and its authorized representatives relating to

 

 

HB0148 Engrossed- 32 -LRB097 02774 RLC 42796 b

1known or suspected cases of sexually transmissible disease or
2any information the disclosure of which is restricted under the
3Illinois Sexually Transmissible Disease Control Act.
4    (e) Information the disclosure of which is exempted under
5Section 30 of the Radon Industry Licensing Act.
6    (f) Firm performance evaluations under Section 55 of the
7Architectural, Engineering, and Land Surveying Qualifications
8Based Selection Act.
9    (g) Information the disclosure of which is restricted and
10exempted under Section 50 of the Illinois Prepaid Tuition Act.
11    (h) Information the disclosure of which is exempted under
12the State Officials and Employees Ethics Act, and records of
13any lawfully created State or local inspector general's office
14that would be exempt if created or obtained by an Executive
15Inspector General's office under that Act.
16    (i) Information contained in a local emergency energy plan
17submitted to a municipality in accordance with a local
18emergency energy plan ordinance that is adopted under Section
1911-21.5-5 of the Illinois Municipal Code.
20    (j) Information and data concerning the distribution of
21surcharge moneys collected and remitted by wireless carriers
22under the Wireless Emergency Telephone Safety Act.
23    (k) Law enforcement officer identification information or
24driver identification information compiled by a law
25enforcement agency or the Department of Transportation under
26Section 11-212 of the Illinois Vehicle Code.

 

 

HB0148 Engrossed- 33 -LRB097 02774 RLC 42796 b

1    (l) Records and information provided to a residential
2health care facility resident sexual assault and death review
3team or the Executive Council under the Abuse Prevention Review
4Team Act.
5    (m) Information provided to the predatory lending database
6created pursuant to Article 3 of the Residential Real Property
7Disclosure Act, except to the extent authorized under that
8Article.
9    (n) Defense budgets and petitions for certification of
10compensation and expenses for court appointed trial counsel as
11provided under Sections 10 and 15 of the Capital Crimes
12Litigation Act. This subsection (n) shall apply until the
13conclusion of the trial of the case, even if the prosecution
14chooses not to pursue the death penalty prior to trial or
15sentencing.
16    (o) Information that is prohibited from being disclosed
17under Section 4 of the Illinois Health and Hazardous Substances
18Registry Act.
19    (p) Security portions of system safety program plans,
20investigation reports, surveys, schedules, lists, data, or
21information compiled, collected, or prepared by or for the
22Regional Transportation Authority under Section 2.11 of the
23Regional Transportation Authority Act or the St. Clair County
24Transit District under the Bi-State Transit Safety Act.
25    (q) Information prohibited from being disclosed by the
26Personnel Records Review Act.

 

 

HB0148 Engrossed- 34 -LRB097 02774 RLC 42796 b

1    (r) Information prohibited from being disclosed by the
2Illinois School Student Records Act.
3    (s) Information the disclosure of which is restricted under
4Section 5-108 of the Public Utilities Act.
5    (t) All identified or deidentified health information in
6the form of health data or medical records contained in, stored
7in, submitted to, transferred by, or released from the Illinois
8Health Information Exchange, and identified or deidentified
9health information in the form of health data and medical
10records of the Illinois Health Information Exchange in the
11possession of the Illinois Health Information Exchange
12Authority due to its administration of the Illinois Health
13Information Exchange. The terms "identified" and
14"deidentified" shall be given the same meaning as in the Health
15Insurance Accountability and Portability Act of 1996, Public
16Law 104-191, or any subsequent amendments thereto, and any
17regulations promulgated thereunder.
18    (u) (t) Records and information provided to an independent
19team of experts under Brian's Law.
20    (v) Information maintained by the Department of State
21Police in accordance with subsection (a) of Section 35 of the
22Family and Personal Protection Act, except as authorized by
23that Act.
24(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
2596-1331, eff. 7-27-10; revised 9-2-10.)
 

 

 

HB0148 Engrossed- 35 -LRB097 02774 RLC 42796 b

1    Section 905. The State Finance Act is amended by adding
2Section 5.786 as follows:
 
3    (30 ILCS 105/5.786 new)
4    Sec. 5.786. The Citizen Safety and Self-Defense Trust Fund.
 
5    Section 910. The Criminal Code of 1961 is amended by
6changing Sections 21-6 and 24-2 as follows:
 
7    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
8    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
9    (a) Whoever possesses or stores any weapon enumerated in
10Section 33A-1 in any building or on land supported in whole or
11in part with public funds or in any building on such land
12without prior written permission from the chief security
13officer for such land or building commits a Class A
14misdemeanor.
15    (b) The chief security officer must grant any reasonable
16request for permission under paragraph (a).
17    (c) This Section shall not apply to a person acting
18lawfully under the Family and Personal Protection Act.
19(Source: P.A. 89-685, eff. 6-1-97.)
 
20    (720 ILCS 5/24-2)
21    Sec. 24-2. Exemptions.
22    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

 

 

HB0148 Engrossed- 36 -LRB097 02774 RLC 42796 b

124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
2the following:
3        (1) Peace officers, and any person summoned by a peace
4    officer to assist in making arrests or preserving the
5    peace, while actually engaged in assisting such officer.
6        (2) Wardens, superintendents and keepers of prisons,
7    penitentiaries, jails and other institutions for the
8    detention of persons accused or convicted of an offense,
9    while in the performance of their official duty, or while
10    commuting between their homes and places of employment.
11        (3) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard or the
13    Reserve Officers Training Corps, while in the performance
14    of their official duty.
15        (4) Special agents employed by a railroad or a public
16    utility to perform police functions, and guards of armored
17    car companies, while actually engaged in the performance of
18    the duties of their employment or commuting between their
19    homes and places of employment; and watchmen while actually
20    engaged in the performance of the duties of their
21    employment.
22        (5) Persons licensed as private security contractors,
23    private detectives, or private alarm contractors, or
24    employed by an agency certified by the Department of
25    Professional Regulation, if their duties include the
26    carrying of a weapon under the provisions of the Private

 

 

HB0148 Engrossed- 37 -LRB097 02774 RLC 42796 b

1    Detective, Private Alarm, Private Security, Fingerprint
2    Vendor, and Locksmith Act of 2004, while actually engaged
3    in the performance of the duties of their employment or
4    commuting between their homes and places of employment,
5    provided that such commuting is accomplished within one
6    hour from departure from home or place of employment, as
7    the case may be. Persons exempted under this subdivision
8    (a)(5) shall be required to have completed a course of
9    study in firearms handling and training approved and
10    supervised by the Department of Professional Regulation as
11    prescribed by Section 28 of the Private Detective, Private
12    Alarm, Private Security, Fingerprint Vendor, and Locksmith
13    Act of 2004, prior to becoming eligible for this exemption.
14    The Department of Professional Regulation shall provide
15    suitable documentation demonstrating the successful
16    completion of the prescribed firearms training. Such
17    documentation shall be carried at all times when such
18    persons are in possession of a concealable weapon.
19        (6) Any person regularly employed in a commercial or
20    industrial operation as a security guard for the protection
21    of persons employed and private property related to such
22    commercial or industrial operation, while actually engaged
23    in the performance of his or her duty or traveling between
24    sites or properties belonging to the employer, and who, as
25    a security guard, is a member of a security force of at
26    least 5 persons registered with the Department of

 

 

HB0148 Engrossed- 38 -LRB097 02774 RLC 42796 b

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

 

 

HB0148 Engrossed- 39 -LRB097 02774 RLC 42796 b

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

 

 

HB0148 Engrossed- 40 -LRB097 02774 RLC 42796 b

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

 

 

HB0148 Engrossed- 41 -LRB097 02774 RLC 42796 b

1    to persons authorized under subdivisions (1) through
2    (13.5) of this subsection to possess those weapons.
3    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any of the following:
5        (1) Members of any club or organization organized for
6    the purpose of practicing shooting at targets upon
7    established target ranges, whether public or private, and
8    patrons of such ranges, while such members or patrons are
9    using their firearms on those target ranges.
10        (2) Duly authorized military or civil organizations
11    while parading, with the special permission of the
12    Governor.
13        (3) Hunters, trappers or fishermen with a license or
14    permit while engaged in hunting, trapping or fishing.
15        (4) Transportation of weapons that are broken down in a
16    non-functioning state or are not immediately accessible.
17        (5) Carrying or possessing any pistol, revolver, stun
18    gun or taser or other firearm on the land or in the legal
19    dwelling of another person as an invitee with that person's
20    permission.
21        (6) A licensee under the Family and Personal Protection
22    Act, notwithstanding Section 70 of that Act, if the
23    licensee meets the requirements of the Family and Personal
24    Protection Act.
25    (c) Subsection 24-1(a)(7) does not apply to or affect any
26of the following:

 

 

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1        (1) Peace officers while in performance of their
2    official duties.
3        (2) Wardens, superintendents and keepers of prisons,
4    penitentiaries, jails and other institutions for the
5    detention of persons accused or convicted of an offense.
6        (3) Members of the Armed Services or Reserve Forces of
7    the United States or the Illinois National Guard, while in
8    the performance of their official duty.
9        (4) Manufacture, transportation, or sale of machine
10    guns to persons authorized under subdivisions (1) through
11    (3) of this subsection to possess machine guns, if the
12    machine guns are broken down in a non-functioning state or
13    are not immediately accessible.
14        (5) Persons licensed under federal law to manufacture
15    any weapon from which 8 or more shots or bullets can be
16    discharged by a single function of the firing device, or
17    ammunition for such weapons, and actually engaged in the
18    business of manufacturing such weapons or ammunition, but
19    only with respect to activities which are within the lawful
20    scope of such business, such as the manufacture,
21    transportation, or testing of such weapons or ammunition.
22    This exemption does not authorize the general private
23    possession of any weapon from which 8 or more shots or
24    bullets can be discharged by a single function of the
25    firing device, but only such possession and activities as
26    are within the lawful scope of a licensed manufacturing

 

 

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1    business described in this paragraph.
2        During transportation, such weapons shall be broken
3    down in a non-functioning state or not immediately
4    accessible.
5        (6) The manufacture, transport, testing, delivery,
6    transfer or sale, and all lawful commercial or experimental
7    activities necessary thereto, of rifles, shotguns, and
8    weapons made from rifles or shotguns, or ammunition for
9    such rifles, shotguns or weapons, where engaged in by a
10    person operating as a contractor or subcontractor pursuant
11    to a contract or subcontract for the development and supply
12    of such rifles, shotguns, weapons or ammunition to the
13    United States government or any branch of the Armed Forces
14    of the United States, when such activities are necessary
15    and incident to fulfilling the terms of such contract.
16        The exemption granted under this subdivision (c)(6)
17    shall also apply to any authorized agent of any such
18    contractor or subcontractor who is operating within the
19    scope of his employment, where such activities involving
20    such weapon, weapons or ammunition are necessary and
21    incident to fulfilling the terms of such contract.
22        During transportation, any such weapon shall be broken
23    down in a non-functioning state, or not immediately
24    accessible.
25    (d) Subsection 24-1(a)(1) does not apply to the purchase,
26possession or carrying of a black-jack or slung-shot by a peace

 

 

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1officer.
2    (e) Subsection 24-1(a)(8) does not apply to any owner,
3manager or authorized employee of any place specified in that
4subsection nor to any law enforcement officer or a licensee
5under the Family and Personal Protection Act, notwithstanding
6Section 70 of that Act.
7    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8Section 24-1.6 do not apply to members of any club or
9organization organized for the purpose of practicing shooting
10at targets upon established target ranges, whether public or
11private, while using their firearms on those target ranges.
12    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13to:
14        (1) 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        (2) Bonafide collectors of antique or surplus military
18    ordinance.
19        (3) Laboratories having a department of forensic
20    ballistics, or specializing in the development of
21    ammunition or explosive ordinance.
22        (4) Commerce, preparation, assembly or possession of
23    explosive bullets by manufacturers of ammunition licensed
24    by the federal government, in connection with the supply of
25    those organizations and persons exempted by subdivision
26    (g)(1) of this Section, or like organizations and persons

 

 

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1    outside this State, or the transportation of explosive
2    bullets to any organization or person exempted in this
3    Section by a common carrier or by a vehicle owned or leased
4    by an exempted manufacturer.
5    (g-5) Subsection 24-1(a)(6) does not apply to or affect
6persons licensed under federal law to manufacture any device or
7attachment of any kind designed, used, or intended for use in
8silencing the report of any firearm, firearms, or ammunition
9for those firearms equipped with those devices, and actually
10engaged in the business of manufacturing those devices,
11firearms, or ammunition, but only with respect to activities
12that are within the lawful scope of that business, such as the
13manufacture, transportation, or testing of those devices,
14firearms, or ammunition. This exemption does not authorize the
15general private possession of any device or attachment of any
16kind designed, used, or intended for use in silencing the
17report of any firearm, but only such possession and activities
18as are within the lawful scope of a licensed manufacturing
19business described in this subsection (g-5). During
20transportation, those devices shall be detached from any weapon
21or not immediately accessible.
22    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any parole agent or parole
24supervisor who meets the qualifications and conditions
25prescribed in Section 3-14-1.5 of the Unified Code of
26Corrections.

 

 

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1    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12    (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16    (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

 

 

HB0148 Engrossed- 47 -LRB097 02774 RLC 42796 b

1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.
4(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
595-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
696-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
7    Section 999. Effective date. This Act takes effect upon
8becoming law.