Full Text of HB0831 98th General Assembly
HB0831ham001 98TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 4/16/2013
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| 1 | | AMENDMENT TO HOUSE BILL 831
| 2 | | AMENDMENT NO. ______. Amend House Bill 831 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Guns | 5 | | In Public Act. | 6 | | Section 5. Legislative findings; purpose and intent. The | 7 | | General Assembly hereby finds and declares: | 8 | | (a) Gun violence takes an extraordinary toll on families | 9 | | and communities in Illinois. In 2010, over 1,000 individuals | 10 | | died from firearm-related injuries in Illinois. In that same | 11 | | year, incidents of gun murders, gun suicides, and unintentional | 12 | | shootings in Illinois killed 142 children and adolescents ages | 13 | | 19 and younger. | 14 | | (b) Firearms carried or possessed in public places increase | 15 | | the risk of deaths and injuries by increasing the chances that | 16 | | firearms will be used to settle disputes, and by increasing the |
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| 1 | | risk of an accidental shooting at a place where large numbers | 2 | | of people are gathered. The carrying or possession of firearms | 3 | | in public places also increases the risk that those firearms | 4 | | will be lost or stolen, and end up in the hands of criminals or | 5 | | other persons ineligible to possess firearms. | 6 | | (c) Flawed application processes in existing state systems | 7 | | for licensing individuals to carry concealed weapons ("CCW | 8 | | laws") have allowed numerous persons prohibited from | 9 | | possessing firearms to receive CCW permits. Analyses have found | 10 | | that numerous criminals (including rapists, armed robbers, | 11 | | individuals who had pleaded guilty or no contest to felonies, | 12 | | individuals with outstanding warrants, people with active | 13 | | domestic violence injunctions against them, and 6 registered | 14 | | sex offenders) had been issued CCW licenses under other states' | 15 | | permissive laws. | 16 | | (d) Research has shown that individuals issued CCW permits | 17 | | include not only people who have committed violent crimes in | 18 | | the past, but also those who subsequently commit violent | 19 | | crimes. One study found that Texas CCW permit holders were | 20 | | arrested for weapons-related crimes at a rate 81% higher than | 21 | | that of the state's general adult population. According to the | 22 | | Violence Policy Center (VPC), between May 2007 and November | 23 | | 2012, individuals licensed to carry concealed weapons ("CCW | 24 | | permit holders") killed at least 14 law enforcement officers | 25 | | and 485 private citizens (including 35 shooters who killed | 26 | | themselves after an attack). |
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| 1 | | (e) On December 11, 2012, the Seventh Circuit Court of | 2 | | Appeals in Moore v. Madigan, upheld a challenge to the Illinois | 3 | | law prohibiting the carrying of handguns, either openly or | 4 | | concealed in public places. The Seventh Circuit reversed and | 5 | | remanded the lower court's dismissal of the challenge but | 6 | | stayed the mandate for 180 days to allow the General Assembly | 7 | | to remedy the violation by enacting a new law. Moore v. | 8 | | Madigan, 702 F.3d 933 (7th Cir. Ill. 2012). | 9 | | (f) The Seventh Circuit's opinion in Moore suggested that | 10 | | Illinois adopt a discretionary concealed carry licensing law. | 11 | | The court explained that since Illinois "is not a state with a | 12 | | strong pro-gun culture, unlike the states that began allowing | 13 | | concealed carriage before Heller and MacDonald [sic] enlarged | 14 | | the scope of Second Amendment rights", a discretionary law | 15 | | would be more appropriate for Illinois than a law with only | 16 | | "minimal permit restrictions on carriage of guns outside the | 17 | | home". (emphasis in original). Additionally, the court | 18 | | endorsed a requirement that concealed carry licensing | 19 | | applicants demonstrate that they have experience using, and can | 20 | | safely handle, a firearm. The court also spoke approvingly of | 21 | | state legislation that would allow private property owners to | 22 | | prohibit firearms, including concealed weapons, on their | 23 | | property. | 24 | | (g) On March 21, 2013, the Fourth Circuit Court of Appeals, | 25 | | in Woollard v. Gallagher, upheld
Maryland's law restricting the | 26 | | carrying of firearms in public. Under Maryland's law, in order |
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| 1 | | to
obtain a permit to carry a handgun in public, a person must | 2 | | demonstrate "a good and substantial
reason to wear, carry, or | 3 | | transport a handgun, such as a finding that the permit is | 4 | | necessary as a
reasonable precaution against apprehended | 5 | | danger." The Fourth Circuit held that this
requirement does not | 6 | | violate the Second Amendment. Woollard v. Gallagher, 2013 U.S. | 7 | | App.
LEXIS 5617 (4th Cir. Md. 2013). | 8 | | (h) The Seventh Circuit's opinion in Moore favorably cited | 9 | | Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y. | 10 | | 2012), a recent opinion of the Second Circuit Court of Appeals, | 11 | | which upheld New York's law restricting the carrying of | 12 | | firearms in public. New York's law gives the local issuing | 13 | | authority considerable discretion in deciding whether to issue | 14 | | a license, and has been interpreted to require an applicant for | 15 | | an unrestricted license to demonstrate "a special need for | 16 | | self-protection distinguishable from that of the general | 17 | | community". By favorably citing the Second Circuit's opinion in | 18 | | Kachalsky, the Seventh Circuit in Moore indicated that it | 19 | | agreed that New York's requirements are consistent with the | 20 | | Second Amendment. | 21 | | (i) It is the purpose and intent of the General Assembly to | 22 | | restrict the carrying of firearms in public places in the State | 23 | | in compliance with the Seventh Circuit's opinion in Moore. The | 24 | | General Assembly further believes it is necessary to restrict | 25 | | the carrying of firearms in public places to individuals who | 26 | | have demonstrated a particularized need to carry a firearm in |
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| 1 | | public because they are exposed to unusual personal danger, | 2 | | distinct from other members of the community. The General | 3 | | Assembly further believes that individuals who are licensed to | 4 | | carry a concealed firearm in public should first undergo | 5 | | extensive safety training, and a comprehensive background | 6 | | check. The General Assembly believes these restrictions will | 7 | | help to reduce gun deaths and injuries and increase public | 8 | | safety. | 9 | | Section 10. Definitions. As used in this Act: | 10 | | "Applicant" means a person who is applying for a license to | 11 | | carry a concealed firearm under this Act. | 12 | | "Concealed firearm" means a loaded or unloaded handgun | 13 | | carried on or about a person entirely hidden from view of the | 14 | | public, or carried in a vehicle in such a way as it is entirely | 15 | | hidden from view of the public. | 16 | | "Department" means the Department of State Police. | 17 | | "Director" means the Director of State Police. | 18 | | "Handgun" means any device which is designed to expel a | 19 | | projectile or projectiles by the action of an explosion, | 20 | | expansion of gas, or escape of gas that is designed to be held | 21 | | and fired by the use of a single hand. "Handgun" does not | 22 | | include a stun gun or taser. | 23 | | "License" means a license issued by the Department of State | 24 | | Police to carry a loaded or unloaded concealed firearm. | 25 | | "Licensee" means a person issued a license to carry a |
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| 1 | | concealed firearm. | 2 | | "Peace officer" means (1) any person who by virtue of his | 3 | | or her office or public employment is vested by law with a duty | 4 | | to maintain public order or to make arrests for offenses, | 5 | | whether that duty extends to any offenses or is limited to | 6 | | specific offenses, or (2) any person who, by statute, is | 7 | | granted and authorized to exercise powers similar to those | 8 | | conferred upon any peace officer employed by a law enforcement | 9 | | agency of this State. | 10 | | "Particularized need" means that the applicant is exposed | 11 | | to unusual personal danger, distinct from other members of the | 12 | | community. | 13 | | "Superintendent" means the Superintendent of Police for | 14 | | the City of Chicago.
| 15 | | Section 15. Issuance of licenses to carry a concealed | 16 | | firearm. | 17 | | (a) A licensee shall possess a license any time the | 18 | | licensee carries a concealed firearm except: | 19 | | (1) if the person is carrying or possessing a concealed | 20 | | firearm and the person is on his or her land or in his or | 21 | | her abode or legal dwelling or in the abode or legal | 22 | | dwelling of another adult as an invitee with that adult's | 23 | | express permission to carry a concealed firearm; | 24 | | (2) if the person is authorized to carry a firearm | 25 | | under Section 24-2 of the Criminal Code of 2012; or |
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| 1 | | (3) the firearm is broken down in a non-functioning | 2 | | state, is not immediately accessible, or is unloaded and | 3 | | enclosed in a firearm case, carrying box, shipping box, or | 4 | | other similar portable container designed for the safe | 5 | | transportation of firearms. | 6 | | (a-5) A licensee shall display the license upon the request | 7 | | of a peace officer or person designated to enforce the | 8 | | provisions of Section 55. | 9 | | (b) The Department shall make applications for a license | 10 | | available no later than 180 days after the date specified in | 11 | | subsection (g). Applications shall be available at Department | 12 | | locations, sheriff offices, Chicago Police Headquarters, on | 13 | | the Department's official website, and any other location | 14 | | designated by the Department. | 15 | | (c) A completed application for a license shall be | 16 | | submitted to the office of the sheriff of the county in which | 17 | | the applicant resides with any accompanying materials and fees, | 18 | | unless the applicant resides in the City of Chicago, in which | 19 | | case the application shall be submitted to the Superintendent | 20 | | of Police. The applicant shall verify the contents of the | 21 | | application by oath or affirmation in writing before an officer | 22 | | authorized by the sheriff or Superintendent. The sheriff or | 23 | | Superintendent shall review the application and shall promptly | 24 | | return an incomplete application to the applicant. Each | 25 | | applicant for a license or renewal of a license under this Act | 26 | | shall pay at the time of application a fee to the Department in |
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| 1 | | an amount set by the Department, and a fee to the sheriff or | 2 | | Superintendent in an amount set by the sheriff or | 3 | | Superintendent. | 4 | | (d) A sheriff or the Superintendent may submit a | 5 | | recommendation for approval of an application to the | 6 | | Department, if the applicant is an eligible individual under | 7 | | Section 20 who has sufficiently demonstrated, in the judgment | 8 | | of the sheriff or Superintendent, that: | 9 | | (1) he or she has a particularized need for the | 10 | | license; | 11 | | (2) he or she is a responsible person; and | 12 | | (3) the issuance of a license is in the public's | 13 | | interest. | 14 | | If the application is approved, the sheriff or | 15 | | Superintendent shall submit the application, any accompanying | 16 | | materials, and the application fee to the Department within 30 | 17 | | days of receipt, unless good cause exists to extend this time | 18 | | period. Upon request of a municipal law enforcement agency, the | 19 | | sheriff shall notify the department of the name, address, and | 20 | | date of birth of any person submitting an application for a | 21 | | license. The municipal police department may submit to the | 22 | | sheriff information deemed to be relevant to the application, | 23 | | and the sheriff may consider the information when determining | 24 | | whether to submit an objection. If the applicant is found by a | 25 | | sheriff or Superintendent to be ineligible, the sheriff or | 26 | | Superintendent shall deny the application and notify the |
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| 1 | | applicant in writing, stating the grounds for denial. The | 2 | | notice of denial must inform the applicant that he or she may, | 3 | | within 30 days, appeal the denial. Upon receiving an appeal, | 4 | | the sheriff or Superintendent shall reconsider its decision and | 5 | | inform the applicant within 30 days of the result of the | 6 | | reconsideration. If upon reconsideration the sheriff or | 7 | | Superintendent denies the application, the applicant must be | 8 | | informed of the right to administrative review. | 9 | | (e) Once the Department has received a recommendation for | 10 | | approval from the sheriff or Superintendent, the Department | 11 | | shall consider whether the applicant is eligible for a license | 12 | | under Section 20, and whether, in the judgment of the | 13 | | Department, the applicant meets the qualifications of | 14 | | subsection (d) of this Section. The Department may issue a | 15 | | license to an applicant who meets these requirements and has | 16 | | obtained the approval of the sheriff or Superintendent. If the | 17 | | applicant is found by the Department to be ineligible, the | 18 | | Department shall follow the procedures set forth in subsection | 19 | | (d) for reconsideration of the application. | 20 | | (f) The license shall be issued or denied by the Department | 21 | | within 3 months of receipt of a completed application from a | 22 | | sheriff or the Superintendent, unless good cause exists to | 23 | | extend this time period. A license shall be valid throughout | 24 | | the State for a period of 5 years. | 25 | | (g) Notwithstanding the other provisions of this Act, no | 26 | | license shall be issued under this Act unless and until the |
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| 1 | | Department has reported any persons prohibited from possessing | 2 | | a firearm to the National Instant Criminal Background Check | 3 | | System, Denied Persons Files, in accordance with Public Act | 4 | | 95-564. | 5 | | (h) Fees authorized by this Act shall be set in amounts | 6 | | sufficient to cover the costs of administering and enforcing | 7 | | this Act, and may be increased at any time as necessary to | 8 | | cover these costs. | 9 | | (i) The Department shall adopt rules to implement the | 10 | | provisions of this Section. | 11 | | Section 20. Eligibility of an applicant for a license. The | 12 | | Department shall not issue a license to an applicant completing | 13 | | an application in accordance with Section 25 of this Act unless | 14 | | the person has demonstrated that he or she: | 15 | | (1) is at least 21 years of age; | 16 | | (2) has a valid Firearm Owner's Identification Card; | 17 | | (3) has been a resident of this State for at least the | 18 | | previous 30 days; | 19 | | (4) has not, in this State or any other state, been | 20 | | convicted of, pled guilty to, or entered a plea of nolo | 21 | | contendere for: (A) a felony, (B) a misdemeanor involving the | 22 | | use or threat of physical force or violence to any person, (C) | 23 | | a misdemeanor involving the use, possession, or distribution of | 24 | | a controlled substance or cannabis within the 10 years | 25 | | preceding the date of the application, or (D) a misdemeanor |
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| 1 | | involving the manufacture, sale, carrying, possession, or use | 2 | | of a firearm or dangerous or deadly weapon or ammunition; | 3 | | (5) has not been adjudicated a delinquent minor under the | 4 | | Juvenile Court Act of 1987 or a similar law in another | 5 | | jurisdiction, for an offense which, if committed by an adult, | 6 | | would disqualify the adult for a license under this Section; | 7 | | (6) is not subject to an order of protection under Section | 8 | | 112A-14 of the Code of Criminal Procedure of 1963 or under | 9 | | Section 214 of the Illinois Domestic Violence Act of 1986, or | 10 | | any similar law in another jurisdiction;
| 11 | | (7) has not been a patient in a mental institution within | 12 | | the past 5 years, has not been adjudicated as having a mental | 13 | | defect, or is not intellectually disabled; | 14 | | (8) is not free on any form of bond or pretrial release, | 15 | | other than for a traffic offense, and has no outstanding | 16 | | warrants in this State or any other state; | 17 | | (9) does not chronically and habitually abuse alcoholic | 18 | | beverages as evidenced by the applicant having one or more | 19 | | conviction for violating Section 11-501 of the Illinois Vehicle | 20 | | Code or similar provision of a local ordinance or another | 21 | | state's law within 5 years preceding the date of the | 22 | | application, or if the applicant has elected treatment under | 23 | | the supervision of a licensed program in accordance with the | 24 | | Alcoholism and Other Drug Abuse and Dependency Act or similar | 25 | | laws of any other state, within 5 years preceding the date of | 26 | | the application;
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| 1 | | (10) has completed firearms training and any educational | 2 | | component required in Section 70 of this Act; and | 3 | | (11) possesses the same powers of eyesight as required for | 4 | | a driver's license under Section 6-109 of the Illinois Vehicle | 5 | | Code. | 6 | | Section 25. Contents of application. | 7 | | (a) The application shall be in writing, under oath and | 8 | | penalty of perjury, on a standard form adopted by the | 9 | | Department and shall be accompanied by the documentation | 10 | | required in this Section and any applicable fees.
| 11 | | (b) The application shall contain the following | 12 | | information: | 13 | | (1) the applicant's name, current address, home and | 14 | | business telephone numbers, and cell phone number, if any, | 15 | | gender, date and year of birth, place of birth, height, | 16 | | weight, hair color, eye color, maiden name or any other | 17 | | name the applicant has used or identified with, and any | 18 | | address at which the applicant resided for more than 30 | 19 | | days within the 5 years preceding the date of the | 20 | | application; | 21 | | (2) the present business or occupation and any business | 22 | | or occupation in which the applicant has engaged during the | 23 | | 5-year period immediately preceding the application and | 24 | | the addresses of those businesses or places of employment; | 25 | | (3) the applicant's driver's license or State |
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| 1 | | identification card number and the last 4 digits of the | 2 | | applicant's social security number; | 3 | | (4) the marital status of the applicant; | 4 | | (5) the names and last known addresses of the | 5 | | applicant's spouse and any former spouses, children, | 6 | | stepchildren, and foster children, current household | 7 | | members and household members during the preceding 5 years: | 8 | | (6) questions to certify or demonstrate the applicant | 9 | | has completed firearms training and any educational | 10 | | component required in Section 70 of this Act; | 11 | | (7) proof that the applicant is a resident of this | 12 | | State and has been for at least the previous 30 days; | 13 | | (8) whether the federal government or a governmental | 14 | | entity in any state or subdivision of any state has denied | 15 | | or revoked the applicant's license, permit, registration, | 16 | | or certificate pertaining to any firearm and if so, the | 17 | | jurisdiction, the identifying number of the license, | 18 | | permit, registration, or certificate, the reason, and the | 19 | | date; | 20 | | (9) whether the applicant has failed a drug test within | 21 | | the preceding 5 years and if so, the provider of the test, | 22 | | the specific substance involved, and date of the test; | 23 | | (10) whether the applicant has ever been prohibited by | 24 | | law from purchasing, possessing, or carrying a firearm and | 25 | | if so, the jurisdiction, the date, and the reason for the | 26 | | prohibition; |
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| 1 | | (11) whether the applicant has been suspended or | 2 | | expelled from a postsecondary educational institution, | 3 | | such as a college or university, because of suspected | 4 | | mental illness or violent behavior, and if so, the name of | 5 | | the school, the date, and the reason for the suspension or | 6 | | expulsion; | 7 | | (12) a description of any incident in which the | 8 | | applicant threatened, injured or killed any person, if a | 9 | | firearm was involved or the incident occurred during the | 10 | | preceding 5 years and the police were involved, including, | 11 | | for each incident, the date, place, time, circumstances, | 12 | | and the names of the persons and police agencies involved, | 13 | | if any; | 14 | | (13) a waiver of privacy and confidentiality rights and | 15 | | privileges enjoyed by the applicant under any federal and | 16 | | State laws, including those governing access to juvenile | 17 | | court, criminal justice, psychological or psychiatric | 18 | | records, or records relating to the applicant's history of | 19 | | institutionalization, and an affirmative request that any | 20 | | person having custody of the record provide it or | 21 | | information concerning it to the Department; | 22 | | (14) a conspicuous warning that false statements made | 23 | | by the applicant will result in prosecution for perjury in | 24 | | accordance with Section 32-2 of the Criminal Code of 2012; | 25 | | (15) an affirmation that the applicant possesses a | 26 | | currently valid Firearm Owner's Identification Card; |
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| 1 | | (16) an affirmation that the applicant has never been | 2 | | convicted in this State or any other state of (A) a felony, | 3 | | (B) a misdemeanor involving the use or threat of physical | 4 | | force or violence to any person, (C) a misdemeanor | 5 | | involving the use, possession, or distribution of a | 6 | | controlled substance or cannabis within the 10 years | 7 | | preceding the date of the application, or (D) a misdemeanor | 8 | | involving the manufacture, sale, carrying, possession or | 9 | | use of a firearm or dangerous or deadly weapon or | 10 | | ammunition; | 11 | | (17) an explanation of the applicant's particularized | 12 | | need for and intended use of the firearm, including | 13 | | descriptions of any incident in which the applicant has | 14 | | been threatened or injured, or copies of police reports or | 15 | | restraining orders, if applicable; | 16 | | (18) the make, model, manufacturer's name, caliber or | 17 | | gauge, and serial number of each firearm to be carried | 18 | | under the license; | 19 | | (19) written agreement that, if the person is | 20 | | approached by a peace officer while carrying a concealed | 21 | | firearm under the license, the person will immediately | 22 | | inform the officer that he or she is in possession of a | 23 | | firearm and a license to carry a concealed firearm, and | 24 | | will submit to a pat down search and allow the officer to | 25 | | take possession of the firearm for the duration of the | 26 | | encounter; |
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| 1 | | (20) written consent to submit to one or more field | 2 | | sobriety or chemical tests to determine the presence of | 3 | | alcohol or drugs, at any point when the person is carrying | 4 | | a concealed firearm and the person is approached by a peace | 5 | | officer who has a reasonable suspicion that the person is | 6 | | under the influence of alcohol or a controlled substance; | 7 | | (21) proof that the applicant possesses the same powers | 8 | | of eyesight as required for a driver's license under | 9 | | Section 6-109 of the Illinois Vehicle Code. If an applicant | 10 | | does not possess a current Illinois driver's license, the | 11 | | applicant may present a current optometrist's or | 12 | | ophthalmologist's statement certifying the vision reading | 13 | | obtained from the applicant; and | 14 | | (22) any other information that the sheriff, | 15 | | Superintendent, or the Department finds necessary to | 16 | | process an application. | 17 | | (c) A person applying for a license shall provide a head | 18 | | and shoulder color photograph in a size specified by the | 19 | | Department that was taken within the 30 days preceding the date | 20 | | of the application. The applicant shall consent to both the | 21 | | sheriff or Superintendent and the Department reviewing and | 22 | | using the applicant's digital driver's license or Illinois | 23 | | Identification photograph and signature, if available. The | 24 | | Secretary of State shall allow the sheriff or Superintendent | 25 | | and the Department access to the photograph and signature for | 26 | | the purpose of identifying the applicant and issuing to the |
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| 1 | | applicant a license. | 2 | | (d) A person applying for a license shall submit with an | 3 | | application a full set of legible fingerprints. Fingerprinting | 4 | | may be administered by the Department or any other federal, | 5 | | State, county, or municipal law enforcement agency. The cost of | 6 | | fingerprinting shall be paid by the applicant. The Department | 7 | | shall accept a hard copy or electronic version of fingerprints. | 8 | | (e) A person applying for a license shall submit a | 9 | | photocopy of a certificate or other evidence of completion of a | 10 | | course to show compliance with Section 70 of this Act. | 11 | | (f) The Department is authorized to establish a system for | 12 | | electronically submitting applications, including applications | 13 | | for renewal or a replacement license. | 14 | | Section 30. Investigation of applicant. | 15 | | (a) The sheriff, or if the applicant resides in the City of | 16 | | Chicago, the Superintendent of Police, shall complete a | 17 | | background check on an applicant for a license to carry a | 18 | | concealed firearm to ensure compliance with the requirements of | 19 | | this Act and any federal, State, and local laws. The background | 20 | | check shall include a search of the following: | 21 | | (1) the National Instant Criminal Background Check | 22 | | System of the Federal Bureau of Investigation; | 23 | | (2) any available State and local criminal history | 24 | | record information files, including records of juvenile | 25 | | adjudications; |
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| 1 | | (3) any available federal, State, and local records | 2 | | regarding wanted persons;
| 3 | | (4) any available federal, State, and local records of | 4 | | domestic violence restraining and protective orders; | 5 | | (5) any available federal, State, and local records | 6 | | identifying persons who are unlawful users of or addicted | 7 | | to any controlled substance (as defined in Section 802 of | 8 | | Title 21 of the United States Code); | 9 | | (6) the files of the Department of Human Services | 10 | | relating to mental health and developmental disabilities; | 11 | | and | 12 | | (7) any other available files of any federal, State, | 13 | | local agency, and other entity (private or public) in any | 14 | | jurisdiction likely to contain information relevant to | 15 | | whether the applicant is prohibited from purchasing or | 16 | | possessing a firearm under federal, State, or local law. | 17 | | (b) As part of its investigation, the sheriff, | 18 | | Superintendent, or Department may, at its discretion, conduct | 19 | | interviews of the applicant, any of the applicant's current or | 20 | | former family or household members, co-workers, employers, | 21 | | neighbors, the character references as listed on the | 22 | | application, and any other member of the public who may have | 23 | | information relevant to the application. | 24 | | Section 35. Database of applicants and licensees. | 25 | | (a) The Department shall maintain a database of applicants |
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| 1 | | for a license and licenses. The database shall be available to | 2 | | any law enforcement agencies, State's Attorneys, and the | 3 | | Attorney General. Members and staff of the judiciary may access | 4 | | the database for the purpose of determining whether to | 5 | | confiscate a license or to ensure compliance with this Act or | 6 | | any other law. The database shall be searchable and provide any | 7 | | information included in the application, a photograph of the | 8 | | applicant or licensee, and any information related to | 9 | | violations of this Act. Individual law enforcement agencies | 10 | | shall not maintain a separate, searchable database of | 11 | | applicants and licensees containing information included in | 12 | | the database. | 13 | | (b) The Department shall make available on its website | 14 | | statistical information about the number of licenses issued by | 15 | | county, age, race, or gender. The Department shall also make | 16 | | available on its website and upon request information about the | 17 | | number of arrests and convictions and the types of crimes | 18 | | committed since the last report by licensees. The report shall | 19 | | be updated quarterly. Except as provided in this subsection, | 20 | | applications and information in the database shall be | 21 | | confidential and exempt from disclosure under the Freedom of | 22 | | Information Act. The sheriff, Superintendent, or Department | 23 | | may answer requests to confirm or deny whether a person has | 24 | | been issued a license as part of inquiries dealing with a | 25 | | criminal investigation, and may disclose the existence of an | 26 | | application as necessary to conduct the interviews authorized |
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| 1 | | by subsection (b) of Section 30. No law enforcement agency, | 2 | | State's Attorney, or member or staff of the judiciary, other | 3 | | than the Department, shall provide any information to a | 4 | | requester not entitled to it by law, except as provided in this | 5 | | subsection. | 6 | | Section 40. Suspension or revocation of a license. | 7 | | (a) A license issued or renewed under this Act shall be | 8 | | revoked if, at any time, the licensee is found ineligible for a | 9 | | license based on the criteria set forth in Section 20 of this | 10 | | Act or the licensee no longer possesses a Firearm Owner's | 11 | | Identification Card. This subsection does not apply to a person | 12 | | who has filed an application with the State Police for renewal | 13 | | of a Firearm Owner's Identification Card and who is not | 14 | | otherwise ineligible to obtain a Firearm Owner's | 15 | | Identification Card. | 16 | | (b) A license shall be revoked if an order of protection | 17 | | under Section 112A-14 of the Code of Criminal Procedure of 1963 | 18 | | or under Section 214 of the Illinois Domestic Violence Act of | 19 | | 1986 is issued against a licensee, or if the Department is made | 20 | | aware of a similar order issued against the licensee in any | 21 | | other jurisdiction. If an order of protection is issued against | 22 | | a licensee, the licensee shall surrender the license, as | 23 | | applicable, to the court at the time the order is entered or to | 24 | | the law enforcement agency or entity designated to serve | 25 | | process at the time the licensee is served the order. The |
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| 1 | | court, law enforcement agency, or entity responsible for | 2 | | serving the order shall transmit the license to the Department. | 3 | | (c) The Department may temporarily or permanently suspend a | 4 | | license for a violation of Section 55 of this Act in accordance | 5 | | with subsection (g) of Section 55. | 6 | | (d) A license shall be invalid upon expiration of the | 7 | | license, unless the licensee has submitted an application to | 8 | | renew the license. A person who fails to renew his or her | 9 | | application within 30 days after its expiration must reapply | 10 | | for a new license and pay the fee for a new application. | 11 | | (e) The Department may suspend a license if a licensee | 12 | | fails to submit a change of address or name or fails to report | 13 | | a lost or destroyed license to the Department within 30 days.
| 14 | | Section 45. Renewal of license. | 15 | | (a) Not later than 120 days before the expiration of any | 16 | | license issued under this Act, the Department shall notify the | 17 | | licensee in writing of the expiration and furnish an | 18 | | application for renewal of the license or make the application | 19 | | available on-line. | 20 | | (b) Applications for renewal of a license shall be made to | 21 | | the office of the sheriff of the county in which the applicant | 22 | | resides with any accompanying materials and fees, unless the | 23 | | applicant resides in the City of Chicago, in which case the | 24 | | application shall be made to the Superintendent of Police. The | 25 | | sheriff or Superintendent shall follow the procedures in |
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| 1 | | Section 15 for submittal of the renewal application and | 2 | | accompanying materials to the Department. A license may be | 3 | | renewed for a period of 5 years upon receipt of a completed | 4 | | renewal application, renewal fees, and completion of an | 5 | | investigation under Section 30. The renewal application shall | 6 | | contain the information required in Section 25, except that the | 7 | | applicant need not resubmit a full set of fingerprints. A | 8 | | license holder must repeat the safety training and testing | 9 | | requirements in Section 70 at least once every 5 years, and | 10 | | more frequently at the discretion of the sheriff or | 11 | | Superintendent. | 12 | | Section 50. Change of address, change of name, or lost or | 13 | | destroyed licenses. | 14 | | (a) The licensee shall notify the Department within 30 days | 15 | | of moving or changing a residence or any change of name, and | 16 | | upon the discovery of the loss or destruction of a license. | 17 | | (b) If a licensee changes residence within this State or | 18 | | changes his or her name, the licensee shall request a new | 19 | | license. The licensee shall submit a fee in an amount set by | 20 | | the Department, a notarized statement that the licensee has | 21 | | changed residence or his or her name, and a photograph as | 22 | | required in Section 25 of this Act. The statement must include | 23 | | the prior and current address or name and the date the | 24 | | applicant moved or changed his or her name. | 25 | | (c) A lost or destroyed license shall be invalid. To |
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| 1 | | request a new license, the licensee shall submit (1) a fee in | 2 | | an amount set by the Department, (2) a notarized statement that | 3 | | the licensee no longer possesses the license and that it was | 4 | | lost or destroyed, (3) a copy of a police report stating that | 5 | | the license was lost, destroyed, or stolen, and (4) a | 6 | | photograph as required in Section 25 of this Act. | 7 | | Section 55. Restrictions. | 8 | | (a) No license issued under this Act shall authorize any | 9 | | person to knowingly carry a concealed firearm into: | 10 | | (1) Any building under the control of the Governor, | 11 | | Lieutenant Governor, Attorney General, Secretary of State, | 12 | | Comptroller, or Treasurer. | 13 | | (2) 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 | | (3) Any courthouse or building occupied in whole or in | 19 | | part by the Circuit, Appellate, or Supreme Court or a room | 20 | | designated as a courtroom for court proceedings by any of | 21 | | these courts. | 22 | | (4) Any meeting of the governing body of a unit of | 23 | | local government or special district. | 24 | | (5) Any place which is licensed to sell intoxicating | 25 | | beverages. |
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| 1 | | (6) Any area of an airport to which access is | 2 | | controlled by the inspection of persons and property. | 3 | | (7) Any place where the carrying of a firearm is | 4 | | prohibited by federal law. | 5 | | (8) Any elementary or secondary school. | 6 | | (9) Any portion of a building used as a child care | 7 | | facility. Nothing in this Section shall prevent the | 8 | | operator of a child care facility in a family home from | 9 | | owning or possessing a firearm or license, so long as the | 10 | | firearm is stored unloaded in a locked container. | 11 | | (10) Any gaming facility licensed under the Riverboat | 12 | | Gambling Act or the Illinois Horse Racing Act of 1975. | 13 | | (11) Any gated area of an amusement park. | 14 | | (12) Any stadium, arena, or collegiate or professional | 15 | | sporting event. | 16 | | (13) A hospital or mental health facility. | 17 | | (14) A library without the written consent of the | 18 | | library's governing body. The governing body shall inform | 19 | | the appropriate law enforcement agency of the consent. | 20 | | (15) Any police, sheriff, or State Police office or | 21 | | station without the consent of the chief law enforcement | 22 | | officer in charge of that office or station. | 23 | | (16) Any adult or juvenile detention or correctional | 24 | | institution, prison, or jail. | 25 | | (17) Any polling place on any election day. | 26 | | (18) Any street fair or festival, farmer's market, |
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| 1 | | carnival, concert, protest, parade or other temporary | 2 | | special event, that is conducted primarily outdoors on | 3 | | property open to the public, and that requires the issuance | 4 | | of a permit from the city or county where it occurs, unless | 5 | | the city or county specifically authorizes licensees to | 6 | | carry concealed firearms at the event. | 7 | | (19) Any private property without the express | 8 | | permission of the owner, manager, operator, or individual | 9 | | with the authority to control activities in that place at | 10 | | that time. This provision shall apply to private property | 11 | | of any kind, including private residences and places of | 12 | | business, regardless of whether they are open or closed to | 13 | | members of the public. | 14 | | (20) Any building owned, leased, or controlled by a | 15 | | municipality or any building or property owned, leased or | 16 | | controlled by a school district unless authorized by a | 17 | | majority vote of members of its governing board. Nothing in | 18 | | this paragraph shall prohibit a licensee from carrying a | 19 | | concealed firearm on any sidewalk, on any highway or | 20 | | roadway, in any public restroom, or in the licensee's own | 21 | | residence. | 22 | | (a-1) Nothing in this Act shall preempt, abridge, limit, or | 23 | | diminish the authority of community colleges, and public and | 24 | | private colleges and universities from prohibiting, | 25 | | restricting or otherwise regulating firearms on their | 26 | | campuses, grounds and other property, including but not limited |
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| 1 | | to sidewalks, and commons, owned by the school district, | 2 | | community college, or public or private college or university | 3 | | or in buildings used in whole or in part for housing, | 4 | | classrooms, laboratories, medical clinics, hospitals, and | 5 | | artistic, athletic and entertainment venues; or on or in | 6 | | property owned, controlled or leased by officially recognized | 7 | | student organizations or officially recognized | 8 | | university-related organizations. | 9 | | (a-2) Nothing in this Act shall preempt, abridge, limit or | 10 | | diminish the authority of community colleges, and public and | 11 | | private colleges and universities from prohibiting persons | 12 | | from carrying a firearm into a vehicle owned, leased or | 13 | | controlled by the school districts, community colleges, or | 14 | | public or private college or universities regardless of where | 15 | | the vehicle travels. School districts, community colleges, and | 16 | | public or private colleges or universities may develop | 17 | | resolutions, regulations, or policies regarding the storage | 18 | | and maintenance of firearms, including but not limited to | 19 | | designating areas where individuals may park vehicles that | 20 | | carry firearms. These resolutions, regulations, or policies | 21 | | may specify that persons in violation of the resolutions, | 22 | | regulations, or policies may be denied entrance to the campus, | 23 | | grounds, building, vehicles or other property and subjected to | 24 | | a civil fine of no more than $1,500 for any violation of the | 25 | | provisions of the resolution, regulation, or policy. | 26 | | (a-3) Nothing in this Act shall preempt, abridge, limit, or |
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| 1 | | diminish the authority of community colleges, and public or | 2 | | private colleges or universities from taking actions | 3 | | proscribed by their resolutions, regulations, or policies | 4 | | against violations of the resolutions, regulations, or | 5 | | policies, which may qualify as student, employee, or visitor | 6 | | misconduct and may result in discipline, including, but not | 7 | | limited to, expulsion from the school district, community | 8 | | college, or public or private college or university, | 9 | | termination of employment or appointment, or suspension or | 10 | | banning from the school district, community college, or public | 11 | | or private college or university campuses, grounds and other | 12 | | property. | 13 | | (a-4) Nothing in this Act shall preempt, abridge, limit, or | 14 | | diminish the authority of community colleges, and public or | 15 | | private colleges and universities from permitting the carrying | 16 | | or use of firearms for the purposes of instruction and | 17 | | curriculum of officially recognized programs, such as military | 18 | | science programs. These programs shall be authorized by the | 19 | | chief executive officer of the community college, or public or | 20 | | private college or university or his or her designee. | 21 | | (b) A licensee shall not be in violation of this Section | 22 | | while he or she is traveling along a public right of way that | 23 | | touches or crosses any of the premises specified in subsection | 24 | | (a) if the handgun is carried on his or her person in | 25 | | accordance with the provisions of this Act or is being | 26 | | transported in a vehicle by the licensee in accordance with any |
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| 1 | | other applicable provisions of law. | 2 | | (c) A license to carry a concealed firearm issued or | 3 | | renewed under this Act may include any additional reasonable | 4 | | restrictions or conditions which the Department deems | 5 | | warranted, including restrictions as to the time, place, | 6 | | manner, and circumstances under which the person may carry a | 7 | | firearm. No license to carry a concealed firearm issued under | 8 | | this Act shall be valid within the City of Chicago unless the | 9 | | Superintendent of Police of that City has issued a special | 10 | | permit authorizing the license holder to carry a concealed | 11 | | firearm in the City. No license to carry a concealed firearm | 12 | | shall be valid in Cook County outside the City of Chicago | 13 | | unless the Cook County Sheriff has issued a special permit | 14 | | authorizing the license holder to carry a concealed firearm in | 15 | | Cook County, except that a license holder who has received a | 16 | | special permit from the Superintendent of Police of the City of | 17 | | Chicago shall be authorized to carry a concealed firearm | 18 | | throughout Cook County. | 19 | | (d) If a law enforcement officer initiates an investigative | 20 | | stop, including but not limited to a traffic stop, of a | 21 | | licensee who is carrying a concealed firearm, the licensee | 22 | | shall immediately disclose to the officer that he or she is in | 23 | | possession of a concealed firearm under this Act. The licensee | 24 | | shall comply with any lawful orders and directions from the | 25 | | officer. For the safety of the officer and the public, the | 26 | | officer may conduct a pat down of the licensee and take |
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| 1 | | possession of the firearm for the duration of the encounter. | 2 | | (e) A licensee shall not carry a concealed firearm while | 3 | | under the influence of alcohol or any drug, substance, or | 4 | | compound in an amount that would render the licensee unfit to | 5 | | drive under Section 11-501 of the Illinois Vehicle Code. If a | 6 | | licensee is approached by a peace officer while carrying a | 7 | | concealed firearm and the officer has a reasonable suspicion | 8 | | that the licensee is under the influence, the officer may | 9 | | require the licensee to submit to one or more field sobriety or | 10 | | chemical tests to determine the presence of alcohol or any | 11 | | drug, substance, or compound that would render the licensee | 12 | | unfit to drive under Section 11-501 of the Illinois Vehicle | 13 | | Code. | 14 | | (f) A violation of subsection (a), (b), (c), (d), or (e) is | 15 | | a Class B misdemeanor. A knowing violation of subsection (a), | 16 | | (b), (c), (d), or (e) is a Class A misdemeanor. The court may | 17 | | require a licensee to pay a $150 fee, in addition to any other | 18 | | fees or court costs, for a violation of subsection (d). | 19 | | (g) The Department may suspend a license for up to 180 days | 20 | | for a second or subsequent violation of subsection (a), (b), | 21 | | (c), (d), or (e). The Department shall permanently revoke a | 22 | | license for a willful violation of this Section. | 23 | | Section 60. Immunity, employees, and agents. The office of | 24 | | the county sheriff, or any employee or agent of the county | 25 | | sheriff, or the Superintendent of the Chicago Police Department |
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| 1 | | or any employee or agent of the Superintendent, or the | 2 | | Department of State Police shall not be liable for damages in | 3 | | any civil action arising from alleged wrongful or improper | 4 | | granting, denying, renewing, revoking, suspending, or failure | 5 | | to grant, deny, renew, revoke, or suspend licenses issued under | 6 | | this Act, except for willful or wanton misconduct. | 7 | | Section 65. Statistical report. | 8 | | (a) By March 1 of each year, the Department shall submit a | 9 | | statistical report to the Governor, the President of the | 10 | | Senate, and the Speaker of the House of Representatives | 11 | | indicating the number of licenses issued, revoked, suspended, | 12 | | denied, and issued after appeal since the last report and in | 13 | | total and also the number of licenses currently valid. The | 14 | | report shall also include the number of arrests and convictions | 15 | | and the types of crimes committed since the last report by | 16 | | licensees, including the name of any licensee who has been | 17 | | convicted of a crime, and the type of crime. | 18 | | (b) The Secretary of State shall conduct a study to | 19 | | determine the cost and feasibility of creating a method of | 20 | | adding an identifiable code, background, or other means to show | 21 | | that an individual has been issued a license by the Department | 22 | | on the person's driver's license. | 23 | | Section 70. Applicant training. | 24 | | (a) Students in the applicant training course shall provide |
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| 1 | | their own safe, functional handgun and factory-loaded | 2 | | ammunition. The applicant shall complete the requirements of | 3 | | this Section for each particular make and model of handguns | 4 | | that the applicant may be licensed to carry. | 5 | | (b) The applicant training course shall be the standardized | 6 | | training course approved by the Department. The sheriff, or, if | 7 | | the applicant resides in the City of Chicago, the | 8 | | Superintendent may impose additional requirements for the | 9 | | training course. The course shall be taught by a qualified | 10 | | firearms instructor, consisting of at least 8 hours of | 11 | | instruction, covering at least the following topics for each | 12 | | particular handgun to be carried by the applicant:
| 13 | | (1) handgun safety in the classroom, at home, on the | 14 | | firing range, or while carrying the firearm; | 15 | | (2) the basic principles of marksmanship; | 16 | | (3) care and cleaning of each particular handgun to be | 17 | | carried by the applicant; | 18 | | (4) by means of a instruction and videotape produced or | 19 | | approved by the Department: | 20 | | (A) the requirements for obtaining a license to | 21 | | carry a concealed firearm in this State; | 22 | | (B) laws relating to firearms as prescribed in this | 23 | | Act, the Firearm Owners Identification Card Act, | 24 | | Article 24 of the Criminal Code of 2012, and 18 U.S.C. | 25 | | 921 through 930; and | 26 | | (C) laws relating to the justifiable use of force |
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| 1 | | as prescribed in Article 7 of the Criminal Code of | 2 | | 2012. | 3 | | (5) live firing exercises of sufficient duration for | 4 | | each applicant to fire each particular handgun to be | 5 | | carried by the applicant: | 6 | | (A) a minimum of 50 rounds; and | 7 | | (B) 30 rounds from a distance of 7 yards and 20 | 8 | | rounds from a distance of 15 yards at a B-21 silhouette | 9 | | or equivalent target as approved by the Department;
| 10 | | (6) methods for safely storing and securing firearms | 11 | | and ammunition and preventing access by children and other | 12 | | unauthorized persons; and | 13 | | (7) techniques for avoiding a criminal attack and how | 14 | | to manage a violent confrontation, including conflict | 15 | | resolution.
| 16 | | (c) Prior to conducting range firing, the course instructor | 17 | | shall: | 18 | | (1) inspect each applicant's firearm; and | 19 | | (2) not allow the firing of a handgun which is not in | 20 | | sound mechanical condition or otherwise may pose a safety | 21 | | hazard.
| 22 | | (d) The classroom portion of the course may, at the | 23 | | qualified firearms instructor's discretion, be divided into | 24 | | segments of not less than 2 hours each. | 25 | | (e) Applicant training courses shall not be open to anyone | 26 | | under the age of 21 and no certificate of completion shall be |
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| 1 | | issued to persons less than 21 years of age. | 2 | | (f) Instructors shall maintain any records for students' | 3 | | performance for not less than 5 years. | 4 | | (g) At the conclusion of the classroom portion of the | 5 | | applicant training course, the qualified firearms instructor | 6 | | shall: | 7 | | (1) distribute a standard course examination to the | 8 | | students; | 9 | | (2) not leave the room in which the examination is | 10 | | being held while the examination is in progress; | 11 | | (3) collect examination booklets and answer sheets | 12 | | from each student at the end of the examination period; and | 13 | | (4) not grade the examinations in the presence of | 14 | | students. | 15 | | (h) A person shall not: | 16 | | (1) make an unauthorized copy of the applicant training | 17 | | course examination, in whole or in part; or | 18 | | (2) possess the applicant training course examination, | 19 | | or questions from the examination, unless authorized by the | 20 | | Department. | 21 | | (i) During the firearms safety training course, the | 22 | | applicant must satisfactorily demonstrate to the course | 23 | | instructor the safe handling of each particular handgun to be | 24 | | carried by the applicant. This demonstration must include the | 25 | | proper loading and unloading of the handgun, the proper | 26 | | engaging and disengaging of common firearm safety mechanisms, |
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| 1 | | and the proper firing of the handgun. If the handgun has a | 2 | | detachable magazine, the demonstration must also include the | 3 | | proper removal and reattachment of the magazine. | 4 | | (j) Grades of "passing" shall not be given on range work to | 5 | | an applicant who:
| 6 | | (1) does not follow the orders of the certified | 7 | | firearms instructor; | 8 | | (2) in the judgment of the certified firearms | 9 | | instructor, handles a firearm in a manner that poses a | 10 | | danger to the applicant or to others; or | 11 | | (3) during the testing portion of the range work fails | 12 | | to hit the silhouette portion of the target with 70% of the | 13 | | 30 rounds fired for each particular handgun to be carried | 14 | | by the applicant. | 15 | | (k) Certified firearms instructors shall:
| 16 | | (1) allow monitoring of their classes by officials of | 17 | | any certifying agency;
| 18 | | (2) make any course records available upon demand to | 19 | | authorized personnel of the Department; and | 20 | | (3) not divulge course records except as authorized by | 21 | | the certifying agency. | 22 | | (l) Fees for applicant training courses shall be set by the | 23 | | instructor. | 24 | | (m) An applicant training course shall not have more than | 25 | | 40 students in the classroom portion or more than 5 students | 26 | | per range officer engaged in range firing. |
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| 1 | | (n) Within 3 business days after the completion of the | 2 | | course, the certified firearms instructor shall: | 3 | | (1) grade the examinations; and | 4 | | (2) issue to the student: | 5 | | (A) a certificate of successful course completion; | 6 | | or | 7 | | (B) notification that the applicant has failed the | 8 | | written portion of the course, the live firing portion | 9 | | of the course, or both, and will not be issued a | 10 | | certificate of completion.
| 11 | | (o) A student shall be issued a certificate of completion | 12 | | if he or she: | 13 | | (1) answers at least 70% of the written examination | 14 | | questions correctly. The Department shall develop the | 15 | | written exam not to exceed 50 questions; and | 16 | | (2) achieves a grade of "passing" on the range work. | 17 | | (p)(1) Students who score below 70% on the written | 18 | | examination may retake the examination one time without having | 19 | | to retake the course. | 20 | | (2) Students who do not achieve a grade of "passing" on the | 21 | | range work may repeat the range work one time without having to | 22 | | retake the course. | 23 | | (q) For purposes of this Section, successful completion of | 24 | | Firearms Instructor Training under Section 75 shall meet the | 25 | | training requirements of this Section if approved by the | 26 | | sheriff or Superintendent. |
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| 1 | | Section 75. Firearms instructors training. | 2 | | (a) Not later than 90 days after the effective date of this | 3 | | Act, the Department shall offer and teach courses to qualify | 4 | | instructors under this Section in each State Police District | 5 | | that has a suitable gun range. Courses shall be available at | 6 | | least bi-monthly, or whenever 5 or more individuals request a | 7 | | class in any State Police District. However, nothing in this | 8 | | Section shall require a course to be held if there are no | 9 | | requests pending, and adjoining districts may combine classes | 10 | | in order to have at least 5 participants. | 11 | | (b) Persons who are not qualified firearms instructors | 12 | | shall not teach applicant training courses or advertise or | 13 | | otherwise represent courses they teach as qualifying their | 14 | | students to meet the requirements to receive a license under | 15 | | this Act. | 16 | | (c) Persons who are not certified instructor trainers shall | 17 | | not teach instructor qualification courses. | 18 | | (d) Persons wishing to become qualified firearms | 19 | | instructors shall: | 20 | | (1) be at least 21 years of age; | 21 | | (2) be a citizen of the United States; and | 22 | | (3) meet the requirements of Section 20, and any | 23 | | additional requirements established by the Department. | 24 | | (e) Persons wishing to become instructor trainers, in | 25 | | addition to the requirements of subsection (d) of this Section, |
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| 1 | | shall: | 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 | | (A) certification from a firearms instructor's | 7 | | course offered by a State or federal governmental | 8 | | agency; or | 9 | | (B) a similar firearms instructor qualifying | 10 | | course, approved by the Director of State Police or his | 11 | | or her designee. | 12 | | (f)(1) Persons wishing to become qualified firearms | 13 | | instructors or instructor trainers shall agree to background | 14 | | checks. | 15 | | (2) An applicant to become a qualified firearms | 16 | | instructor may be disqualified from taking firearms | 17 | | instructor training, or have his or her instructor | 18 | | qualification revoked, if the applicant: | 19 | | (A) does not meet the requirements of Section 20 of | 20 | | this Act; | 21 | | (B) provides false or misleading information on | 22 | | the application; or | 23 | | (C) has had a prior instructor qualification | 24 | | revoked by the Department or other issuing body. | 25 | | (g) The training course to certify firearms instructors and | 26 | | instructor trainers shall include: |
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| 1 | | (1) At least 16 hours of instruction covering at least | 2 | | the following topics by means of a videotape produced or | 3 | | approved by the Department: | 4 | | (A) the requirements for obtaining a license under | 5 | | this Act; | 6 | | (B) laws relating to firearms as contained in this | 7 | | Act, the Firearm Owners Identification Card Act, | 8 | | Article 24 of the Criminal Code of 2012, and 18 U.S.C. | 9 | | 921 through 930; | 10 | | (C) laws relating to the justifiable use of force | 11 | | as contained in Article 7 of the Criminal Code of 2012; | 12 | | (D) the conducting of applicant training courses; | 13 | | (E) record-keeping requirements of this Act; | 14 | | (F) the basic nomenclature of handguns; | 15 | | (G) the basic principles of marksmanship; and | 16 | | (H) the safe handling of handguns.
| 17 | | (2) A classroom demonstration, during which the | 18 | | instructor candidate shall receive instruction on and | 19 | | demonstrate competency in the ability to prepare and | 20 | | deliver a classroom presentation using materials from the | 21 | | applicant curriculum. | 22 | | (3) Range instruction and firing of live ammunition, | 23 | | during which the instructor candidate shall receive | 24 | | instruction on and demonstrate competency in the ability | 25 | | to: | 26 | | (A) handle and fire a handgun safely and |
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| 1 | | accurately; | 2 | | (B) conduct a function test and safety inspection | 3 | | of revolvers and pistols; | 4 | | (C) clean revolvers and pistols; and | 5 | | (D) supervise and conduct live firing exercises in | 6 | | a safe and efficient manner. | 7 | | (h) To qualify as a certified firearms instructor or | 8 | | instructor trainer, instructor candidates shall meet any | 9 | | requirements established by the Department, and achieve: | 10 | | (1) a minimum score of 80% on a written examination | 11 | | covering the material taught during the classroom portion | 12 | | of the course; and | 13 | | (2) a minimum score of 80% on range firing of a handgun | 14 | | while aiming at a B-21 silhouette target or an equivalent | 15 | | as approved by the Department, with a minimum of:
| 16 | | (A) 20 rounds from 7 yards; and | 17 | | (B) 10 rounds from 15 yards; and | 18 | | (C) a score of "passing" from the course instructor | 19 | | for demonstrating competency in each of the following:
| 20 | | (i) supervising and conducting live fire; | 21 | | (ii) cleaning and inspecting handguns; and | 22 | | (iii) preparing and delivering the classroom | 23 | | lecture. | 24 | | (i) Instructor candidates who fail to meet the minimum | 25 | | requirements of subsection (h) of this Section may retake the | 26 | | examination, range work, or classroom demonstration one time |
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| 1 | | without having to repeat the course. | 2 | | (j) Qualified firearms instructor and instructor trainer | 3 | | certificates shall be valid for 10 years from the date of | 4 | | issue. Qualified firearms instructors or instructor trainers | 5 | | may renew their certification by successfully completing a | 6 | | refresher course offered or approved by the Department. | 7 | | (k) The fees for instructor courses or refresher courses | 8 | | shall be $100 per student paid to the Department. Fees shall | 9 | | not be refunded to those who do not pass or otherwise fail to | 10 | | complete a course. | 11 | | (l) Course participants shall provide their own safe, | 12 | | functional handgun and factory-loaded ammunition. | 13 | | (m) Prior to conducting range firing, the course instructor | 14 | | shall:
| 15 | | (1) inspect each applicant's firearm; and
| 16 | | (2) not allow the firing of a handgun which is not in | 17 | | sound mechanical condition or otherwise may pose a safety | 18 | | hazard. | 19 | | Section 80. Features of a license. | 20 | | (a) If an application for a license to carry a concealed | 21 | | firearm is approved, the Department shall issue to the | 22 | | applicant a license to carry a concealed firearm on a form | 23 | | prescribed by the Department which contains the applicant's | 24 | | name, photograph, residence address, date of birth, a unique | 25 | | license number, the make, model, caliber or gauge, and serial |
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| 1 | | number of the firearm or firearms to be carried, other personal | 2 | | information as may be required by the Department, the date the | 3 | | license expires, and any additional restrictions or conditions | 4 | | the Department may impose on the applicant's carrying of a | 5 | | firearm. | 6 | | (b) A license to carry a concealed firearm issued by the | 7 | | this State shall not exempt the licensee from the requirements | 8 | | of a background check, including a check of the National | 9 | | Instant Criminal Background Check System, upon purchase or | 10 | | transfer of a firearm. | 11 | | Section 105. The Freedom of Information Act is amended by | 12 | | changing Section 7.5 as follows: | 13 | | (5 ILCS 140/7.5) | 14 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 15 | | by the statutes referenced below, the following shall be exempt | 16 | | from inspection and copying: | 17 | | (a) All information determined to be confidential under | 18 | | Section 4002 of the Technology Advancement and Development Act. | 19 | | (b) Library circulation and order records identifying | 20 | | library users with specific materials under the Library Records | 21 | | Confidentiality Act. | 22 | | (c) Applications, related documents, and medical records | 23 | | received by the Experimental Organ Transplantation Procedures | 24 | | Board and any and all documents or other records prepared by |
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| 1 | | the Experimental Organ Transplantation Procedures Board or its | 2 | | staff relating to applications it has received. | 3 | | (d) Information and records held by the Department of | 4 | | Public Health and its authorized representatives relating to | 5 | | known or suspected cases of sexually transmissible disease or | 6 | | any information the disclosure of which is restricted under the | 7 | | Illinois Sexually Transmissible Disease Control Act. | 8 | | (e) Information the disclosure of which is exempted under | 9 | | Section 30 of the Radon Industry Licensing Act. | 10 | | (f) Firm performance evaluations under Section 55 of the | 11 | | Architectural, Engineering, and Land Surveying Qualifications | 12 | | Based Selection Act. | 13 | | (g) Information the disclosure of which is restricted and | 14 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 15 | | (h) Information the disclosure of which is exempted under | 16 | | the State Officials and Employees Ethics Act, and records of | 17 | | any lawfully created State or local inspector general's office | 18 | | that would be exempt if created or obtained by an Executive | 19 | | Inspector General's office under that Act. | 20 | | (i) Information contained in a local emergency energy plan | 21 | | submitted to a municipality in accordance with a local | 22 | | emergency energy plan ordinance that is adopted under Section | 23 | | 11-21.5-5 of the Illinois Municipal Code. | 24 | | (j) Information and data concerning the distribution of | 25 | | surcharge moneys collected and remitted by wireless carriers | 26 | | under the Wireless Emergency Telephone Safety Act. |
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| 1 | | (k) Law enforcement officer identification information or | 2 | | driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation under | 4 | | Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death review | 7 | | team or the Executive Council under the Abuse Prevention Review | 8 | | Team Act. | 9 | | (m) Information provided to the predatory lending database | 10 | | created pursuant to Article 3 of the Residential Real Property | 11 | | Disclosure Act, except to the extent authorized under that | 12 | | Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial counsel as | 15 | | provided under Sections 10 and 15 of the Capital Crimes | 16 | | Litigation Act. This subsection (n) shall apply until the | 17 | | conclusion of the trial of the case, even if the prosecution | 18 | | chooses not to pursue the death penalty prior to trial or | 19 | | sentencing. | 20 | | (o) Information that is prohibited from being disclosed | 21 | | under Section 4 of the Illinois Health and Hazardous Substances | 22 | | Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Regional Transportation Authority under Section 2.11 of the |
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| 1 | | Regional Transportation Authority Act or the St. Clair County | 2 | | Transit District under the Bi-State Transit Safety Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Records Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted under | 8 | | Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information in | 10 | | the form of health data or medical records contained in, stored | 11 | | in, submitted to, transferred by, or released from the Illinois | 12 | | Health Information Exchange, and identified or deidentified | 13 | | health information in the form of health data and medical | 14 | | records of the Illinois Health Information Exchange in the | 15 | | possession of the Illinois Health Information Exchange | 16 | | Authority due to its administration of the Illinois Health | 17 | | Information Exchange. The terms "identified" and | 18 | | "deidentified" shall be given the same meaning as in the Health | 19 | | Insurance Accountability and Portability Act of 1996, Public | 20 | | Law 104-191, or any subsequent amendments thereto, and any | 21 | | regulations promulgated thereunder. | 22 | | (u) Records and information provided to an independent team | 23 | | of experts under Brian's Law. | 24 | | (v) Names and information of people who have applied for or | 25 | | received Firearm Owner's Identification Cards under the | 26 | | Firearm Owners Identification Card Act. |
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| 1 | | (w) Personally identifiable information which is exempted | 2 | | from disclosure under subsection (g) of Section 19.1 of the | 3 | | Toll Highway Act. | 4 | | (x) Information which is exempted from disclosure under | 5 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 6 | | Illinois Municipal Code. | 7 | | (y) Information maintained by the Department of State | 8 | | Police in accordance with subsection (a) of Section 35 of the | 9 | | Guns In Public Act, except as authorized by that Act. | 10 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 11 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 12 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 13 | | eff. 1-1-13.) | 14 | | Section 110. The Criminal Code of 2012 is amended by | 15 | | changing Sections 21-6 and 24-2 as follows:
| 16 | | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| 17 | | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| 18 | | (a) Whoever possesses or stores any weapon enumerated in | 19 | | Section 33A-1
in any building or on land supported in whole or | 20 | | in part with public
funds or in any building on such land | 21 | | without
prior written permission from the chief security | 22 | | officer for such land or
building commits a Class A | 23 | | misdemeanor.
| 24 | | (b) The chief security officer must grant any reasonable |
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| 1 | | request for
permission under paragraph (a).
| 2 | | (c) This Section does not apply to a person acting lawfully | 3 | | under the Guns In Public Act. | 4 | | (Source: P.A. 89-685, eff. 6-1-97.)
| 5 | | (720 ILCS 5/24-2)
| 6 | | Sec. 24-2. Exemptions.
| 7 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 8 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 9 | | the following:
| 10 | | (1) Peace officers, and any person summoned by a peace | 11 | | officer to
assist in making arrests or preserving the | 12 | | peace, while actually engaged in
assisting such officer.
| 13 | | (2) Wardens, superintendents and keepers of prisons,
| 14 | | penitentiaries, jails and other institutions for the | 15 | | detention of persons
accused or convicted of an offense, | 16 | | while in the performance of their
official duty, or while | 17 | | commuting between their homes and places of employment.
| 18 | | (3) Members of the Armed Services or Reserve Forces of | 19 | | the United States
or the Illinois National Guard or the | 20 | | Reserve Officers Training Corps,
while in the performance | 21 | | of their official duty.
| 22 | | (4) Special agents employed by a railroad or a public | 23 | | utility to
perform police functions, and guards of armored | 24 | | car companies, while
actually engaged in the performance of | 25 | | the duties of their employment or
commuting between their |
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| 1 | | homes and places of employment; and watchmen
while actually | 2 | | engaged in the performance of the duties of their | 3 | | employment.
| 4 | | (5) Persons licensed as private security contractors, | 5 | | private
detectives, or private alarm contractors, or | 6 | | employed by an agency
certified by the Department of | 7 | | Financial and Professional Regulation, if their duties
| 8 | | include the carrying of a weapon under the provisions of | 9 | | the Private
Detective, Private Alarm,
Private Security, | 10 | | Fingerprint Vendor, and Locksmith Act of 2004,
while | 11 | | actually
engaged in the performance of the duties of their | 12 | | employment or commuting
between their homes and places of | 13 | | employment, provided that such commuting
is accomplished | 14 | | within one hour from departure from home or place of
| 15 | | employment, as the case may be. A person shall be | 16 | | considered eligible for this
exemption if he or she has | 17 | | completed the required 20
hours of training for a private | 18 | | security contractor, private
detective, or private alarm | 19 | | contractor, or employee of a licensed agency and 20 hours | 20 | | of required firearm
training, and has been issued a firearm | 21 | | control card by
the Department of Financial and | 22 | | Professional Regulation. Conditions for the renewal of
| 23 | | firearm control cards issued under the provisions of this | 24 | | Section
shall be the same as for those cards issued under | 25 | | the provisions of the
Private Detective, Private Alarm,
| 26 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
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| 1 | | 2004. The
firearm control card shall be carried by the | 2 | | private security contractor, private
detective, or private | 3 | | alarm contractor, or employee of the licensed agency at all
| 4 | | times when he or she is in possession of a concealable | 5 | | weapon.
| 6 | | (6) Any person regularly employed in a commercial or | 7 | | industrial
operation as a security guard for the protection | 8 | | of persons employed
and private property related to such | 9 | | commercial or industrial
operation, while actually engaged | 10 | | in the performance of his or her
duty or traveling between | 11 | | sites or properties belonging to the
employer, and who, as | 12 | | a security guard, is a member of a security force of
at | 13 | | least 5 persons registered with the Department of Financial | 14 | | and Professional
Regulation; provided that such security | 15 | | guard has successfully completed a
course of study, | 16 | | approved by and supervised by the Department of
Financial | 17 | | and Professional Regulation, consisting of not less than 40 | 18 | | hours of training
that includes the theory of law | 19 | | enforcement, liability for acts, and the
handling of | 20 | | weapons. A person shall be considered eligible for this
| 21 | | exemption if he or she has completed the required 20
hours | 22 | | of training for a security officer and 20 hours of required | 23 | | firearm
training, and has been issued a firearm control | 24 | | card by
the Department of Financial and Professional | 25 | | Regulation. Conditions for the renewal of
firearm control | 26 | | cards issued under the provisions of this Section
shall be |
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| 1 | | the same as for those cards issued under the provisions of | 2 | | the
Private Detective, Private Alarm,
Private Security, | 3 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 4 | | control card shall be carried by the security guard at all
| 5 | | times when he or she is in possession of a concealable | 6 | | weapon.
| 7 | | (7) Agents and investigators of the Illinois | 8 | | Legislative Investigating
Commission authorized by the | 9 | | Commission to carry the weapons specified in
subsections | 10 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 11 | | any investigation for the Commission.
| 12 | | (8) Persons employed by a financial institution for the | 13 | | protection of
other employees and property related to such | 14 | | financial institution, while
actually engaged in the | 15 | | performance of their duties, commuting between
their homes | 16 | | and places of employment, or traveling between sites or
| 17 | | properties owned or operated by such financial | 18 | | institution, provided that
any person so employed has | 19 | | successfully completed a course of study,
approved by and | 20 | | supervised by the Department of Financial and Professional | 21 | | Regulation,
consisting of not less than 40 hours of | 22 | | training which includes theory of
law enforcement, | 23 | | liability for acts, and the handling of weapons.
A person | 24 | | shall be considered to be eligible for this exemption if he | 25 | | or
she has completed the required 20 hours of training for | 26 | | a security officer
and 20 hours of required firearm |
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| 1 | | training, and has been issued a
firearm control card by the | 2 | | Department of Financial and Professional Regulation.
| 3 | | Conditions for renewal of firearm control cards issued | 4 | | under the
provisions of this Section shall be the same as | 5 | | for those issued under the
provisions of the Private | 6 | | Detective, Private Alarm,
Private Security, Fingerprint | 7 | | Vendor, and Locksmith Act of 2004.
Such firearm control | 8 | | card shall be carried by the person so
trained at all times | 9 | | when such person is in possession of a concealable
weapon. | 10 | | For purposes of this subsection, "financial institution" | 11 | | means a
bank, savings and loan association, credit union or | 12 | | company providing
armored car services.
| 13 | | (9) Any person employed by an armored car company to | 14 | | drive an armored
car, while actually engaged in the | 15 | | performance of his duties.
| 16 | | (10) Persons who have been classified as peace officers | 17 | | pursuant
to the Peace Officer Fire Investigation Act.
| 18 | | (11) Investigators of the Office of the State's | 19 | | Attorneys Appellate
Prosecutor authorized by the board of | 20 | | governors of the Office of the
State's Attorneys Appellate | 21 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 22 | | State's Attorneys Appellate Prosecutor's Act.
| 23 | | (12) Special investigators appointed by a State's | 24 | | Attorney under
Section 3-9005 of the Counties Code.
| 25 | | (12.5) Probation officers while in the performance of | 26 | | their duties, or
while commuting between their homes, |
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| 1 | | places of employment or specific locations
that are part of | 2 | | their assigned duties, with the consent of the chief judge | 3 | | of
the circuit for which they are employed.
| 4 | | (13) Court Security Officers while in the performance | 5 | | of their official
duties, or while commuting between their | 6 | | homes and places of employment, with
the
consent of the | 7 | | Sheriff.
| 8 | | (13.5) A person employed as an armed security guard at | 9 | | a nuclear energy,
storage, weapons or development site or | 10 | | facility regulated by the Nuclear
Regulatory Commission | 11 | | who has completed the background screening and training
| 12 | | mandated by the rules and regulations of the Nuclear | 13 | | Regulatory Commission.
| 14 | | (14) Manufacture, transportation, or sale of weapons | 15 | | to
persons
authorized under subdivisions (1) through | 16 | | (13.5) of this
subsection
to
possess those weapons.
| 17 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 18 | | 24-1.6 do not
apply to or affect
any of the following:
| 19 | | (1) Members of any club or organization organized for | 20 | | the purpose of
practicing shooting at targets upon | 21 | | established target ranges, whether
public or private, and | 22 | | patrons of such ranges, while such members
or patrons are | 23 | | using their firearms on those target ranges.
| 24 | | (2) Duly authorized military or civil organizations | 25 | | while parading,
with the special permission of the | 26 | | Governor.
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| 1 | | (3) Hunters, trappers or fishermen with a license or
| 2 | | permit while engaged in hunting,
trapping or fishing.
| 3 | | (4) Transportation of weapons that are broken down in a
| 4 | | non-functioning state or are not immediately accessible.
| 5 | | (5) Carrying or possessing any pistol, revolver, stun | 6 | | gun or taser or other firearm on the land or in the legal | 7 | | dwelling of another adult person as an invitee with that | 8 | | adult's person's permission to carry a concealed firearm . | 9 | | (6) Carrying a concealed firearm in accordance with the | 10 | | Guns In Public Act. | 11 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 12 | | of the
following:
| 13 | | (1) Peace officers while in performance of their | 14 | | official duties.
| 15 | | (2) Wardens, superintendents and keepers of prisons, | 16 | | penitentiaries,
jails and other institutions for the | 17 | | detention of persons accused or
convicted of an offense.
| 18 | | (3) Members of the Armed Services or Reserve Forces of | 19 | | the United States
or the Illinois National Guard, while in | 20 | | the performance of their official
duty.
| 21 | | (4) Manufacture, transportation, or sale of machine | 22 | | guns to persons
authorized under subdivisions (1) through | 23 | | (3) of this subsection to
possess machine guns, if the | 24 | | machine guns are broken down in a
non-functioning state or | 25 | | are not immediately accessible.
| 26 | | (5) Persons licensed under federal law to manufacture |
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| 1 | | any weapon from
which 8 or more shots or bullets can be | 2 | | discharged by a
single function of the firing device, or | 3 | | ammunition for such weapons, and
actually engaged in the | 4 | | business of manufacturing such weapons or
ammunition, but | 5 | | only with respect to activities which are within the lawful
| 6 | | scope of such business, such as the manufacture, | 7 | | transportation, or testing
of such weapons or ammunition. | 8 | | This exemption does not authorize the
general private | 9 | | possession of any weapon from which 8 or more
shots or | 10 | | bullets can be discharged by a single function of the | 11 | | firing
device, but only such possession and activities as | 12 | | are within the lawful
scope of a licensed manufacturing | 13 | | business described in this paragraph.
| 14 | | During transportation, such weapons shall be broken | 15 | | down in a
non-functioning state or not immediately | 16 | | accessible.
| 17 | | (6) The manufacture, transport, testing, delivery, | 18 | | transfer or sale,
and all lawful commercial or experimental | 19 | | activities necessary thereto, of
rifles, shotguns, and | 20 | | weapons made from rifles or shotguns,
or ammunition for | 21 | | such rifles, shotguns or weapons, where engaged in
by a | 22 | | person operating as a contractor or subcontractor pursuant | 23 | | to a
contract or subcontract for the development and supply | 24 | | of such rifles,
shotguns, weapons or ammunition to the | 25 | | United States government or any
branch of the Armed Forces | 26 | | of the United States, when such activities are
necessary |
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| 1 | | and incident to fulfilling the terms of such contract.
| 2 | | The exemption granted under this subdivision (c)(6)
| 3 | | shall also apply to any authorized agent of any such | 4 | | contractor or
subcontractor who is operating within the | 5 | | scope of his employment, where
such activities involving | 6 | | such weapon, weapons or ammunition are necessary
and | 7 | | incident to fulfilling the terms of such contract.
| 8 | | During transportation, any such weapon shall be broken | 9 | | down in a
non-functioning state, or not immediately | 10 | | accessible.
| 11 | | (7) A person possessing a rifle with a barrel or | 12 | | barrels less than 16 inches in length if: (A) the person | 13 | | has been issued a Curios and Relics license from the U.S. | 14 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 15 | | the person is an active member of a bona fide, nationally | 16 | | recognized military re-enacting group and the modification | 17 | | is required and necessary to accurately portray the weapon | 18 | | for historical re-enactment purposes; the re-enactor is in | 19 | | possession of a valid and current re-enacting group | 20 | | membership credential; and the overall length of the weapon | 21 | | as modified is not less than 26 inches. | 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, | 26 | | possession
or carrying of a black-jack or slung-shot by a peace |
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| 1 | | officer.
| 2 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 3 | | manager or
authorized employee of any place specified in that | 4 | | subsection nor to any
law enforcement officer.
| 5 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 6 | | Section 24-1.6
do not apply
to members of any club or | 7 | | organization organized for the purpose of practicing
shooting | 8 | | at targets upon established target ranges, whether public or | 9 | | private,
while using their firearms on those target ranges.
| 10 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 11 | | to:
| 12 | | (1) Members of the Armed Services or Reserve Forces of | 13 | | the United
States or the Illinois National Guard, while in | 14 | | the performance of their
official duty.
| 15 | | (2) Bonafide collectors of antique or surplus military | 16 | | ordinance.
| 17 | | (3) Laboratories having a department of forensic | 18 | | ballistics, or
specializing in the development of | 19 | | ammunition or explosive ordinance.
| 20 | | (4) Commerce, preparation, assembly or possession of | 21 | | explosive
bullets by manufacturers of ammunition licensed | 22 | | by the federal government,
in connection with the supply of | 23 | | those organizations and persons exempted
by subdivision | 24 | | (g)(1) of this Section, or like organizations and persons
| 25 | | outside this State, or the transportation of explosive | 26 | | bullets to any
organization or person exempted in this |
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| 1 | | Section by a common carrier or by a
vehicle owned or leased | 2 | | by an exempted manufacturer.
| 3 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 4 | | persons licensed
under federal law to manufacture any device or | 5 | | attachment of any kind designed,
used, or intended for use in | 6 | | silencing the report of any firearm, firearms, or
ammunition
| 7 | | for those firearms equipped with those devices, and actually | 8 | | engaged in the
business of manufacturing those devices, | 9 | | firearms, or ammunition, but only with
respect to
activities | 10 | | that are within the lawful scope of that business, such as the
| 11 | | manufacture, transportation, or testing of those devices, | 12 | | firearms, or
ammunition. This
exemption does not authorize the | 13 | | general private possession of any device or
attachment of any | 14 | | kind designed, used, or intended for use in silencing the
| 15 | | report of any firearm, but only such possession and activities | 16 | | as are within
the
lawful scope of a licensed manufacturing | 17 | | business described in this subsection
(g-5). During | 18 | | transportation, these devices shall be detached from any weapon
| 19 | | or
not immediately accessible.
| 20 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 21 | | 24-1.6 do not apply to
or affect any parole agent or parole | 22 | | supervisor who meets the qualifications and conditions | 23 | | prescribed in Section 3-14-1.5 of the Unified Code of | 24 | | Corrections. | 25 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 26 | | officer while serving as a member of a tactical response team |
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| 1 | | or special operations team. A peace officer may not personally | 2 | | own or apply for ownership of a device or attachment of any | 3 | | kind designed, used, or intended for use in silencing the | 4 | | report of any firearm. These devices shall be owned and | 5 | | maintained by lawfully recognized units of government whose | 6 | | duties include the investigation of criminal acts. | 7 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 8 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 9 | | athlete's possession, transport on official Olympic and | 10 | | Paralympic transit systems established for athletes, or use of | 11 | | competition firearms sanctioned by the International Olympic | 12 | | Committee, the International Paralympic Committee, the | 13 | | International Shooting Sport Federation, or USA Shooting in | 14 | | connection with such athlete's training for and participation | 15 | | in shooting competitions at the 2016 Olympic and Paralympic | 16 | | Games and sanctioned test events leading up to the 2016 Olympic | 17 | | and Paralympic Games. | 18 | | (h) An information or indictment based upon a violation of | 19 | | any
subsection of this Article need not negative any exemptions | 20 | | contained in
this Article. The defendant shall have the burden | 21 | | of proving such an
exemption.
| 22 | | (i) Nothing in this Article shall prohibit, apply to, or | 23 | | affect
the transportation, carrying, or possession, of any | 24 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 25 | | to a common carrier operating
under license of the State of | 26 | | Illinois or the federal government, where
such transportation, |
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| 1 | | carrying, or possession is incident to the lawful
| 2 | | transportation in which such common carrier is engaged; and | 3 | | nothing in this
Article shall prohibit, apply to, or affect the | 4 | | transportation, carrying,
or possession of any pistol, | 5 | | revolver, stun gun, taser, or other firearm,
not the subject of | 6 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 7 | | this Article, which is unloaded and enclosed in a case, firearm
| 8 | | carrying box, shipping box, or other container, by the | 9 | | possessor of a valid
Firearm Owners Identification Card.
| 10 | | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | 11 | | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | 12 | | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | 13 | | revised 8-23-12.)
| 14 | | Section 999. Effective date. This Act takes effect upon | 15 | | becoming law.".
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