Full Text of HB5849 101st General Assembly
HB5849 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5849 Introduced 11/10/2020, by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/5 | from Ch. 38, par. 83-5 | 430 ILCS 65/7 | from Ch. 38, par. 83-7 | 430 ILCS 65/13.2 | from Ch. 38, par. 83-13.2 | 430 ILCS 65/14 | from Ch. 38, par. 83-14 | 430 ILCS 66/10 | | 430 ILCS 66/45 | | 430 ILCS 66/50 | | 430 ILCS 66/60 | | 430 ILCS 66/70 | | 430 ILCS 66/75 | |
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Amends the Firearm Owners Identification Card Act. Provides that the duration of a Firearm Owner's Identification Card shall be the lifetime of the holder of the Card (rather than 10 years). Amends the Firearm Concealed Carry Act. Provides that the duration of a concealed carry license is the lifetime of the licensee (rather than 5 years). Provides that a Firearm Owner's
Identification Card or concealed carry license issued before the effective date of the amendatory Act shall be valid during the Card holder's or licensee's lifetime regardless of the expiration date on the Card or license.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 5, 7, 13.2, and 14 as follows:
| 6 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 7 | | Sec. 5. Application and renewal . | 8 | | (a) The Department of State Police shall either approve or
| 9 | | deny all applications within 30 days from the date they are | 10 | | received ,
except as provided in subsection (b) of this Section, | 11 | | and every applicant found qualified under Section 8 of this Act | 12 | | by
the Department shall be entitled to a Firearm Owner's | 13 | | Identification
Card upon the payment of a $10 fee. Any | 14 | | applicant who is an active duty member of the Armed Forces of | 15 | | the United States, a member of the Illinois National Guard, or | 16 | | a member of the Reserve Forces of the United States is exempt | 17 | | from the application fee. $6 of each fee derived from the
| 18 | | issuance of Firearm Owner's Identification Cards , or renewals | 19 | | thereof,
shall be deposited in the Wildlife and Fish Fund in | 20 | | the State Treasury;
$1 of the fee shall be deposited in the | 21 | | State Police Services Fund and $3 of the fee shall be deposited | 22 | | in the
State Police Firearm Services Fund. | 23 | | (b) (Blank). Renewal applications shall be approved or |
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| 1 | | denied within 60 business days, provided the applicant | 2 | | submitted his or her renewal application prior to the | 3 | | expiration of his or her Firearm Owner's Identification Card. | 4 | | If a renewal application has been submitted prior to the | 5 | | expiration date of the applicant's Firearm Owner's | 6 | | Identification Card, the Firearm Owner's Identification Card | 7 | | shall remain valid while the Department processes the | 8 | | application, unless the person is subject to or becomes subject | 9 | | to revocation under this Act. The cost for a renewal | 10 | | application shall be $10 which shall be deposited into the | 11 | | State Police Firearm Services Fund.
| 12 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 13 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| 14 | | Sec. 7. Validity of Firearm Owner's Identification Card. | 15 | | (a) Except as provided in Section 8 of this Act or | 16 | | subsection (b) of this Section , a Firearm Owner's
| 17 | | Identification Card issued under the provisions of this Act | 18 | | shall be valid
for the person to whom it is issued for his or | 19 | | her lifetime. A Firearm Owner's
Identification Card issued | 20 | | before the effective date of this amendatory Act of the 101st | 21 | | General Assembly shall be valid during the Card holder's | 22 | | lifetime regardless of the expiration date on the Card. a | 23 | | period of 10 years from the date
of issuance . | 24 | | (b) (Blank). If a renewal application is submitted to the | 25 | | Department before the expiration date of the applicant's |
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| 1 | | current Firearm Owner's Identification Card, the Firearm | 2 | | Owner's Identification Card shall remain valid for a period of | 3 | | 60 business days, unless the person is subject to or becomes | 4 | | subject to revocation under this Act.
| 5 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 6 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| 7 | | Sec. 13.2. Name Renewal; name or address change; | 8 | | replacement card. The Department of State Police shall, 60 days
| 9 | | prior to the expiration of a Firearm Owner's Identification | 10 | | Card,
forward by first class mail to each person whose card is | 11 | | to expire a
notification of the
expiration of the card and | 12 | | instructions for renewal.
It is the obligation of the holder of | 13 | | a Firearm Owner's Identification Card
to notify the Department | 14 | | of State Police of any address change since the
issuance of
the | 15 | | Firearm Owner's Identification Card. Whenever any person moves | 16 | | from the residence address named on his or her card, the person | 17 | | shall within 21 calendar days thereafter notify in a form and | 18 | | manner prescribed by the Department of his or her old and new | 19 | | residence addresses and the card number held by him or her. Any | 20 | | person whose legal name has changed from the name on the card | 21 | | that he or she has been previously issued must apply for a | 22 | | corrected card within 30 calendar days after the change. The | 23 | | cost for a corrected card shall be $5. The cost for replacement | 24 | | of a card which has been lost, destroyed, or stolen shall be $5 | 25 | | if the loss, destruction, or theft of the card is reported to |
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| 1 | | the Department of State Police. The fees collected under this | 2 | | Section shall be deposited into the State Police Firearm | 3 | | Services Fund.
| 4 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 5 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 6 | | Sec. 14. Sentence.
| 7 | | (a) Until the effective date of this amendatory Act of the | 8 | | 101st General Assembly, except Except as provided in subsection | 9 | | (a-5), a violation of paragraph (1) of subsection (a) of | 10 | | Section 2, when the
person's Firearm Owner's
Identification | 11 | | Card is expired but the person is not otherwise disqualified
| 12 | | from renewing the card, is a Class A misdemeanor.
| 13 | | (a-5) Until the effective date of this amendatory Act of | 14 | | the 101st General Assembly, a A violation of paragraph (1) of | 15 | | subsection (a) of Section 2, when the
person's Firearm Owner's
| 16 | | Identification Card is expired but the person is not otherwise | 17 | | disqualified
from owning, purchasing, or possessing firearms, | 18 | | is a petty offense if the card was expired for 6 months or less | 19 | | from the date of expiration. | 20 | | (b) Except as provided in subsection (a) with respect to an | 21 | | expired
card, a violation of paragraph (1) of subsection (a) of | 22 | | Section 2 is a
Class A misdemeanor when the person does not | 23 | | possess a currently valid Firearm
Owner's Identification Card, | 24 | | but is otherwise eligible under this Act. A
second or | 25 | | subsequent violation is a Class 4 felony.
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| 1 | | (c) A violation of paragraph (1) of subsection (a) of | 2 | | Section 2 is a Class
3 felony when:
| 3 | | (1) the person's Firearm Owner's Identification Card | 4 | | is revoked or
subject to revocation under Section 8; or
| 5 | | (2) Until the effective date of this amendatory Act of | 6 | | the 101st General Assembly, the person's Firearm Owner's | 7 | | Identification Card is expired and not
otherwise eligible | 8 | | for renewal under this Act; or
| 9 | | (3) the person does not possess a currently valid | 10 | | Firearm Owner's
Identification Card, and the person is not | 11 | | otherwise eligible under this
Act.
| 12 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 13 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 14 | | (d-5) Any person who knowingly enters false information on | 15 | | an application
for a Firearm Owner's Identification Card, who | 16 | | knowingly gives a false answer
to any question on the | 17 | | application, or who knowingly submits false evidence in
| 18 | | connection with an application is guilty of a Class 2 felony.
| 19 | | (e) Except as provided by Section 6.1 of this Act, any | 20 | | other
violation of this Act is a Class A misdemeanor.
| 21 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 22 | | Section 10. The Firearm Concealed Carry Act is amended by | 23 | | changing Sections 10, 45, 50, 60, 70, and 75 as follows: | 24 | | (430 ILCS 66/10)
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| 1 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 2 | | (a) The Department shall issue a license to carry a | 3 | | concealed firearm under this Act to an applicant who: | 4 | | (1) meets the qualifications of Section 25 of this Act; | 5 | | (2) has provided the application and documentation | 6 | | required in Section 30 of this Act; | 7 | | (3) has submitted the requisite fees; and | 8 | | (4) does not pose a danger to himself, herself, or | 9 | | others, or a threat to public safety as determined by the | 10 | | Concealed Carry Licensing Review Board in accordance with | 11 | | Section 20. | 12 | | (b) The Department shall issue a renewal, corrected , or | 13 | | duplicate license as provided in this Act. | 14 | | (c) A license shall be valid throughout the State for a | 15 | | period of 5 years from the date of issuance. A license shall | 16 | | permit the licensee to: | 17 | | (1) carry a loaded or unloaded concealed firearm, fully | 18 | | concealed or partially concealed, on or about his or her | 19 | | person; and
| 20 | | (2) keep or carry a loaded or unloaded concealed | 21 | | firearm on or about his or her person within a vehicle. | 22 | | (d) The Department shall make applications for a license | 23 | | available no later than 180 days after the effective date of | 24 | | this Act. The Department shall establish rules for the | 25 | | availability and submission of applications in accordance with | 26 | | this Act. |
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| 1 | | (e) An application for a license submitted to the | 2 | | Department that contains all the information and materials | 3 | | required by this Act, including the requisite fee, shall be | 4 | | deemed completed. Except as otherwise provided in this Act, no | 5 | | later than 90 days after receipt of a completed application, | 6 | | the Department shall issue or deny the applicant a license. | 7 | | (f) The Department shall deny the applicant a license if | 8 | | the applicant fails to meet the requirements under this Act or | 9 | | the Department receives a determination from the Board that the | 10 | | applicant is ineligible for a license. The Department must | 11 | | notify the applicant stating the grounds for the denial. The | 12 | | notice of denial must inform the applicant of his or her right | 13 | | to an appeal through administrative and judicial review. | 14 | | (g) A licensee shall possess a license at all times the | 15 | | licensee carries a concealed firearm except: | 16 | | (1) when the licensee is carrying or possessing a | 17 | | concealed firearm on his or her land or in his or her | 18 | | abode, legal dwelling, or fixed place of business, or on | 19 | | the land or in the legal dwelling of another person as an | 20 | | invitee with that person's permission; | 21 | | (2) when the person is authorized to carry a firearm | 22 | | under Section 24-2 of the Criminal Code of 2012, except | 23 | | subsection (a-5) of that Section; or | 24 | | (3) when the handgun is broken down in a | 25 | | non-functioning state, is not immediately accessible, or | 26 | | is unloaded and enclosed in a case. |
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| 1 | | (h) If an officer of a law enforcement agency initiates an | 2 | | investigative stop, including but not limited to a traffic | 3 | | stop, of a licensee or a non-resident carrying a concealed | 4 | | firearm under subsection (e) of
Section 40 of this Act, upon | 5 | | the request of the officer the licensee or non-resident shall | 6 | | disclose to the officer that he or she is in possession of a | 7 | | concealed firearm under this Act, or present the license upon | 8 | | the request of the officer if he or she is a licensee or | 9 | | present upon the request of the officer evidence
under | 10 | | paragraph (2) of subsection (e) of Section 40 of this Act that | 11 | | he or she is a non-resident qualified to carry
under that | 12 | | subsection. The disclosure requirement under this subsection | 13 | | (h) is satisfied if the licensee presents his or her license to | 14 | | the officer or the non-resident presents to the officer | 15 | | evidence under paragraph (2) of subsection (e) of Section 40 of | 16 | | this Act that he or she is qualified to carry under that | 17 | | subsection. Upon the request of the officer, the licensee or | 18 | | non-resident shall also identify the location of the concealed | 19 | | firearm and permit the officer to safely secure the firearm for | 20 | | the duration of the investigative stop. During a traffic stop, | 21 | | any
passenger within the vehicle who is a licensee or a | 22 | | non-resident carrying under subsection (e) of
Section 40 of | 23 | | this Act must comply with the requirements of this subsection | 24 | | (h). | 25 | | (h-1) If a licensee carrying a firearm or a non-resident | 26 | | carrying a firearm in a vehicle under subsection (e) of Section |
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| 1 | | 40 of this Act is contacted by a law enforcement officer or | 2 | | emergency
services personnel, the law enforcement officer or | 3 | | emergency services personnel may secure the firearm
or direct | 4 | | that it be secured during the duration of the contact if the | 5 | | law enforcement officer or emergency
services personnel | 6 | | determines that it is necessary for the safety of any person
| 7 | | present, including the law enforcement officer or emergency | 8 | | services personnel. The licensee or nonresident
shall submit to | 9 | | the order to secure the firearm. When the law enforcement | 10 | | officer or emergency services
personnel have determined that | 11 | | the licensee or non-resident is not a threat to
the safety of | 12 | | any person present, including the law enforcement officer or | 13 | | emergency services personnel, and
if the licensee or | 14 | | non-resident is physically and mentally capable of
possessing | 15 | | the firearm, the law enforcement officer or emergency services | 16 | | personnel shall return the
firearm to the licensee or | 17 | | non-resident before releasing him or her from the
scene and | 18 | | breaking contact. If the licensee or non-resident is | 19 | | transported for
treatment to another location, the firearm | 20 | | shall be turned over to any peace
officer. The peace officer | 21 | | shall provide a receipt which includes the make,
model, | 22 | | caliber, and serial number of the firearm. | 23 | | (i) The Department shall maintain a database of license | 24 | | applicants and licensees. The database shall be available to | 25 | | all federal, State, and local law enforcement agencies, State's | 26 | | Attorneys, the Attorney General, and authorized court |
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| 1 | | personnel. Within 180 days after the effective date of this | 2 | | Act, the database shall be searchable and provide all | 3 | | information included in the application, including the | 4 | | applicant's previous addresses within the 10 years prior to the | 5 | | license application and any information related to violations | 6 | | of this Act. No law enforcement agency, State's Attorney, | 7 | | Attorney General, or member or staff of the judiciary shall | 8 | | provide any information to a requester who is not entitled to | 9 | | it by law. | 10 | | (j) No later than 10 days after receipt of a completed | 11 | | application, the Department shall enter the relevant | 12 | | information about the applicant into the database under | 13 | | subsection (i) of this Section which is accessible by law | 14 | | enforcement agencies.
| 15 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | 16 | | eff. 7-10-15.) | 17 | | (430 ILCS 66/45)
| 18 | | Sec. 45. Civil immunity; Board, employees, and agents. The | 19 | | Board, Department, local law enforcement agency, or the | 20 | | employees and agents of the Board, Department, or local law | 21 | | enforcement agency participating in the licensing process | 22 | | under this Act shall not be held liable for damages in any | 23 | | civil action arising from alleged wrongful or improper | 24 | | granting, denying, renewing, revoking, suspending, or failing | 25 | | to grant, deny, renew, revoke, or suspend a license under this |
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| 1 | | Act, except for willful or wanton misconduct.
| 2 | | (Source: P.A. 98-63, eff. 7-9-13.) | 3 | | (430 ILCS 66/50)
| 4 | | Sec. 50. Lifetime license License renewal . | 5 | | (a) A license shall be valid during the licensee's | 6 | | lifetime. A license issued before the effective date of this | 7 | | amendatory Act of the 101st General Assembly shall be valid | 8 | | during the licensee's lifetime regardless of the expiration | 9 | | date on the license. This subsection (a) applies through the | 10 | | 180th day following the effective date of this amendatory Act | 11 | | of the 101st General Assembly. Applications for renewal of a | 12 | | license shall be made to the Department. A license shall be | 13 | | renewed for a period of 5 years upon receipt of a completed | 14 | | renewal application, completion of 3 hours of training required | 15 | | under Section 75 of this Act, payment of the applicable renewal | 16 | | fee, and completion of an investigation under Section 35 of | 17 | | this Act. The renewal application shall contain the information | 18 | | required in Section 30 of this Act, except that the applicant | 19 | | need not resubmit a full set of fingerprints. | 20 | | (b) (Blank). This subsection (b) applies on and after the | 21 | | 181st day following the effective date of this amendatory Act | 22 | | of the 101st General Assembly. Applications for renewal of a | 23 | | license shall be made to the Department. A license shall be | 24 | | renewed for a period of 5 years from the date of expiration on | 25 | | the applicant's current license upon the receipt of a completed |
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| 1 | | renewal application, completion of 3 hours of training required | 2 | | under Section 75 of this Act, payment of the applicable renewal | 3 | | fee, and completion of an investigation under Section 35 of | 4 | | this Act. The renewal application shall contain the information | 5 | | required in Section 30 of this Act, except that the applicant | 6 | | need not resubmit a full set of fingerprints.
| 7 | | (Source: P.A. 101-80, eff. 7-12-19.) | 8 | | (430 ILCS 66/60)
| 9 | | Sec. 60. Fees. | 10 | | (a) All fees collected under this Act shall be deposited as | 11 | | provided in this Section. Application , renewal, and | 12 | | replacement fees shall be non-refundable. | 13 | | (b) An applicant for a new license or a renewal shall | 14 | | submit $150 with the application, of which $120 shall be | 15 | | apportioned to the State Police Firearm Services Fund, $20 | 16 | | shall be apportioned to the Mental Health Reporting Fund, and | 17 | | $10 shall be apportioned to the State Crime Laboratory Fund. | 18 | | (c) A non-resident applicant for a new license or renewal | 19 | | shall submit $300 with the application, of which $250 shall be | 20 | | apportioned to the State Police Firearm Services Fund, $40 | 21 | | shall be apportioned to the Mental Health Reporting Fund, and | 22 | | $10 shall be apportioned to the State Crime Laboratory Fund. | 23 | | (d) A licensee requesting a new license replacement in | 24 | | accordance with Section 55 shall submit $75, of which $60 shall | 25 | | be apportioned to the State Police Firearm Services Fund, $5 |
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| 1 | | shall be apportioned to the Mental Health Reporting Fund, and | 2 | | $10 shall be apportioned to the State Crime Laboratory Fund.
| 3 | | (Source: P.A. 98-63, eff. 7-9-13.) | 4 | | (430 ILCS 66/70) | 5 | | Sec. 70. Violations. | 6 | | (a) A license issued or renewed under this Act shall be | 7 | | revoked if, at any time, the licensee is found to be ineligible | 8 | | for a license under this Act or the licensee no longer meets | 9 | | the eligibility requirements of the Firearm Owners | 10 | | Identification Card Act. | 11 | | (b) A license shall be suspended if an order of protection, | 12 | | including an emergency order of protection, plenary order of | 13 | | protection, or interim order of protection under Article 112A | 14 | | of the Code of Criminal Procedure of 1963 or under the Illinois | 15 | | Domestic Violence Act of 1986, or if a firearms restraining | 16 | | order, including an emergency firearms restraining order, | 17 | | under the Firearms Restraining Order Act, is issued against a | 18 | | licensee for the duration of the order, or if the Department is | 19 | | made aware of a similar order issued against the licensee in | 20 | | any other jurisdiction. If an order of protection is issued | 21 | | against a licensee, the licensee shall surrender the license, | 22 | | as applicable, to the court at the time the order is entered or | 23 | | to the law enforcement agency or entity serving process at the | 24 | | time the licensee is served the order. The court, law | 25 | | enforcement agency, or entity responsible for serving the order |
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| 1 | | of protection shall notify the Department within 7 days and | 2 | | transmit the license to the Department. | 3 | | (c) (Blank). A license is invalid upon expiration of the | 4 | | license, unless the licensee has submitted an application to | 5 | | renew the license, and the applicant is otherwise eligible to | 6 | | possess a license under this Act. | 7 | | (d) A licensee shall not carry a concealed firearm while | 8 | | under the influence of alcohol, other drug or drugs, | 9 | | intoxicating compound or combination of compounds, or any | 10 | | combination thereof, under the standards set forth in | 11 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | 12 | | A licensee in violation of this subsection (d) shall be | 13 | | guilty of a Class A misdemeanor for a first or second violation | 14 | | and a Class 4 felony for a third violation. The Department may | 15 | | suspend a license for up to 6 months for a second violation and | 16 | | shall permanently revoke a license for a third violation. | 17 | | (e) Except as otherwise provided, a licensee in violation | 18 | | of this Act shall be guilty of a Class B misdemeanor. A second | 19 | | or subsequent violation is a Class A misdemeanor. The | 20 | | Department may suspend a license for up to 6 months for a | 21 | | second violation and shall permanently revoke a license for 3 | 22 | | or more violations of Section 65 of this Act. Any person | 23 | | convicted of a violation under this Section shall pay a $150 | 24 | | fee to be deposited into the Mental Health Reporting Fund, plus | 25 | | any applicable court costs or fees. | 26 | | (f) A licensee convicted or found guilty of a violation of |
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| 1 | | this Act who has a valid license and is otherwise eligible to | 2 | | carry a concealed firearm shall only be subject to the | 3 | | penalties under this Section and shall not be subject to the | 4 | | penalties under Section 21-6, paragraph (4), (8), or (10) of | 5 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | 6 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the | 7 | | Criminal Code of 2012. Except as otherwise provided in this | 8 | | subsection, nothing in this subsection prohibits the licensee | 9 | | from being subjected to penalties for violations other than | 10 | | those specified in this Act. | 11 | | (g) A licensee whose license is revoked, suspended, or | 12 | | denied shall, within 48 hours of receiving notice of the | 13 | | revocation, suspension, or denial, surrender his or her | 14 | | concealed carry license to the local law enforcement agency | 15 | | where the person resides. The local law enforcement agency | 16 | | shall provide the licensee a receipt and transmit the concealed | 17 | | carry license to the Department of State Police. If the | 18 | | licensee whose concealed carry license has been revoked, | 19 | | suspended, or denied fails to comply with the requirements of | 20 | | this subsection, the law enforcement agency where the person | 21 | | resides may petition the circuit court to issue a warrant to | 22 | | search for and seize the concealed carry license in the | 23 | | possession and under the custody or control of the licensee | 24 | | whose concealed carry license has been revoked, suspended, or | 25 | | denied. The observation of a concealed carry license in the | 26 | | possession of a person whose license has been revoked, |
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| 1 | | suspended, or denied constitutes a sufficient basis for the | 2 | | arrest of that person for violation of this subsection. A | 3 | | violation of this subsection is a Class A misdemeanor. | 4 | | (h) A license issued or renewed under this Act shall be | 5 | | revoked if, at any time, the licensee is found ineligible for a | 6 | | Firearm Owner's Identification Card, or the licensee no longer | 7 | | possesses a valid Firearm Owner's Identification Card. A | 8 | | licensee whose license is revoked under this subsection (h) | 9 | | shall surrender his or her concealed carry license as provided | 10 | | for in subsection (g) of this Section. | 11 | | This subsection shall not apply to a person who has filed | 12 | | an application with the State Police for renewal of a Firearm
| 13 | | Owner's Identification Card and who is not otherwise ineligible | 14 | | to obtain a Firearm Owner's Identification Card.
| 15 | | (i) A certified firearms instructor who knowingly provides | 16 | | or offers to provide a false certification that an applicant | 17 | | has completed firearms training as required under this Act is | 18 | | guilty of a Class A misdemeanor. A person guilty of a violation | 19 | | of this subsection (i) is not eligible for court supervision. | 20 | | The Department shall permanently revoke the firearms | 21 | | instructor certification of a person convicted under this | 22 | | subsection (i). | 23 | | (Source: P.A. 100-607, eff. 1-1-19 .) | 24 | | (430 ILCS 66/75)
| 25 | | Sec. 75. Applicant firearm training. |
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| 1 | | (a) Within 60 days of the effective date of this Act, the | 2 | | Department shall begin approval of firearm training courses and | 3 | | shall make a list of approved courses available on the | 4 | | Department's website. | 5 | | (b) An applicant for a new license shall provide proof of | 6 | | completion of a firearms training course or combination of | 7 | | courses approved by the Department of at least 16 hours, which | 8 | | includes range qualification time under subsection (c) of this | 9 | | Section, that covers the following: | 10 | | (1) firearm safety; | 11 | | (2) the basic principles of marksmanship; | 12 | | (3) care, cleaning, loading, and unloading of a | 13 | | concealable firearm; | 14 | | (4) all applicable State and federal laws relating to | 15 | | the ownership, storage, carry, and transportation of a | 16 | | firearm; and | 17 | | (5) instruction on the appropriate and lawful | 18 | | interaction with law enforcement while transporting or | 19 | | carrying a concealed firearm. | 20 | | (c) An applicant for a new license shall provide proof of | 21 | | certification by a certified instructor that the applicant | 22 | | passed a live fire exercise with a concealable firearm | 23 | | consisting of: | 24 | | (1) a minimum of 30 rounds; and | 25 | | (2) 10 rounds from a distance of 5 yards; 10 rounds | 26 | | from a distance of 7 yards; and 10 rounds from a distance |
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| 1 | | of 10 yards at a B-27 silhouette target approved by the | 2 | | Department. | 3 | | (d) (Blank). An applicant for renewal of a license shall | 4 | | provide proof of completion of a firearms training course or | 5 | | combination of courses approved by the Department of at least 3 | 6 | | hours. | 7 | | (e) A certificate of completion for an applicant's firearm | 8 | | training course shall not be issued to a student who: | 9 | | (1) does not follow the orders of the certified | 10 | | firearms instructor;
| 11 | | (2) in the judgment of the certified instructor, | 12 | | handles a firearm in a manner that poses a danger to the | 13 | | student or to others; or
| 14 | | (3) during the range firing portion of testing fails to | 15 | | hit the target with 70% of the rounds fired. | 16 | | (f) An instructor shall maintain a record of each student's | 17 | | performance for at least 5 years, and shall make all records | 18 | | available upon demand of authorized personnel of the | 19 | | Department. | 20 | | (g) The Department and certified firearms instructors | 21 | | shall recognize up to 8 hours of training already completed | 22 | | toward the 16 hour training requirement under this Section if | 23 | | the training course is submitted to and approved by the | 24 | | Department. Any remaining hours that the applicant completes | 25 | | must at least cover the classroom subject matter of paragraph | 26 | | (4) of subsection (b) of this Section, and the range |
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| 1 | | qualification in subsection (c) of this Section. | 2 | | (h) A person who has qualified to carry a firearm as an | 3 | | active law enforcement or corrections officer, who has | 4 | | successfully completed firearms training as required by his or | 5 | | her law enforcement agency and is authorized by his or her | 6 | | agency to carry a firearm; a person currently certified as a | 7 | | firearms instructor by this Act or by the Illinois Law | 8 | | Enforcement Training Standards Board; or a person who has | 9 | | completed the required training and has been issued a firearm | 10 | | control card by the Department of Financial and Professional | 11 | | Regulation shall be exempt from the requirements of this | 12 | | Section. | 13 | | (i) The Department and certified firearms instructors | 14 | | shall recognize 8 hours of training as completed toward the 16 | 15 | | hour training requirement under this Section, if the applicant | 16 | | is an active, retired, or honorably discharged member of the | 17 | | United States Armed Forces. Any remaining hours that the | 18 | | applicant completes must at least cover the classroom subject | 19 | | matter of paragraph (4) of subsection (b) of this Section, and | 20 | | the range qualification in subsection (c) of this Section.
| 21 | | (j) The Department and certified firearms instructors | 22 | | shall recognize up to 8 hours of training already
completed | 23 | | toward the 16 hour training requirement under this Section if | 24 | | the training course is approved
by the Department and was | 25 | | completed in connection with the applicant's previous | 26 | | employment as a law
enforcement or corrections officer. Any |
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| 1 | | remaining hours that the applicant completes must at least | 2 | | cover the classroom
subject matter of paragraph (4) of | 3 | | subsection (b) of this Section, and the range qualification in
| 4 | | subsection (c) of this Section. A former law enforcement or | 5 | | corrections officer seeking credit under this subsection (j) | 6 | | shall provide evidence that he or she separated from employment | 7 | | in good standing from each law enforcement agency where he or | 8 | | she was employed. An applicant who was discharged from a law | 9 | | enforcement agency for misconduct or disciplinary reasons is | 10 | | not eligible for credit under this subsection (j). | 11 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
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