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90_HB1557ham003
LRB9003921DJcdam02
1 AMENDMENT TO HOUSE BILL 1557
2 AMENDMENT NO. . Amend House Bill 1557 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Family and Personal Protection Act.
6 Section 5. Legislative declaration. The General Assembly
7 finds that as a matter of public policy it is necessary to
8 provide statewide uniform standards for issuing permits to
9 carry concealed firearms and that no person who does not
10 qualify under the provisions of this Act receives a permit to
11 carry concealed firearms. The General Assembly does not
12 delegate to the Department of State Police the authority to
13 regulate or restrict the issuing of concealed firearms
14 permits provided for in this Act beyond those provisions
15 contained in this Act.
16 Section 10. Definitions. As used in this Act:
17 "Concealed firearm" means a handgun carried on or about a
18 person completely or mostly concealed from view of the
19 public, or carried in a vehicle in such a way as it is
20 concealed from view of the public.
21 "Department" means the Department of State Police.
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1 "Director" means Director of State Police.
2 "Fund" means Citizen Safety and Self-Defense Trust Fund.
3 "Handgun" has the meaning ascribed to it in subsection
4 (h) of Section 24-3 of the Criminal Code of 1961.
5 "Permit" means a permit to carry a concealed firearm
6 issued by the Department of State Police.
7 "Permittee" means a person who is issued a permit to
8 carry a concealed firearm by the Department of State Police.
9 Section 15. Citizen Safety and Self-Defense Trust Fund.
10 (a) There is created the Citizen Safety and Self-Defense
11 Trust Fund. The Fund shall be maintained apart from the State
12 Treasury and shall be administered by the Department. Money
13 from federal and State sources may be deposited into the
14 Fund. Fees from applications for new, renewal, corrected and
15 duplicate concealed firearms permits shall be deposited into
16 the Fund. The Department may invest the monies in the Fund,
17 and any income on these investments shall be reinvested in
18 the Fund.
19 (b) The Department shall use the moneys in the Fund
20 exclusively for the administration of this Act.
21 Section 20. Permit for concealed firearms. The Department
22 of State Police is authorized to issue permits to carry
23 concealed firearms to persons qualified as provided in this
24 Act. Permits to carry a concealed firearms shall be valid
25 throughout the State for a period of 3 years from the date of
26 issuance. Any person in compliance with the terms of the
27 permit may carry concealed firearms on or about his or her
28 person. The permittee shall carry the permit at all times the
29 permittee is carrying a concealed firearm and shall display
30 the permit upon the request of a law enforcement officer.
31 Section 25. Application for permit and qualifications of
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1 applicants.
2 (a) If the applicant resides in a county of less than
3 3,000,000 inhabitants (or if the applicant resides in a
4 county of 3,000,000 or more inhabitants but not within any
5 municipality), the application for a permit or renewal of a
6 permit to carry a concealed firearm shall be obtained from
7 the office of the sheriff of the county in which the
8 applicant resides. The completed application and all
9 accompanying material plus an application fee of $100 for a
10 new permit or $75 for a renewal shall be presented to the
11 office of the sheriff of the county in which the applicant
12 resides.
13 The sheriff shall transmit the application, accompanying
14 material, and application fees to the Department of State
15 Police within 10 working days. Twenty dollars of the
16 application fee shall be retained by the office of the
17 sheriff for official expenses of the office.
18 The sheriff may submit specific and articulable reasons
19 to the Department in objection to an application for a
20 concealed firearms permit. He or she shall articulate the
21 recommendation for denial in a written report and transmit
22 that report to the Department of State Police within 10
23 working days. The Department of State Police shall maintain
24 the report which shall be available to the applicant for a
25 concealed firearms permit.
26 (a-5) If the applicant resides in a county of 3,000,000
27 or more inhabitants and within a municipality, the
28 application for a permit or renewal of a permit to carry a
29 concealed firearm shall be obtained from the municipal police
30 department and the duties imposed upon the county sheriff
31 under subsection (a) shall be imposed upon the municipal
32 police chief of the municipality in which the applicant
33 resides. The municipal police department shall retain $20 of
34 the application fee for official expenses of the department.
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1 (b) The Department of State Police, upon a person's
2 application for a concealed firearms permit, upon receipt of
3 the appropriate fees, and after compliance with the
4 procedures set out in this Section, shall issue the applicant
5 a concealed firearms permit if the person:
6 (i) Is at least 21 years of age;
7 (ii) Resides within the State of Illinois and has been a
8 resident for the last 6 months and is a permanent resident
9 of the United States;
10 (iii) Has not been convicted of a crime punishable by
11 imprisonment for a term exceeding one year, or of a
12 misdemeanor evidencing violence, is not free on any form of
13 bond or pretrial release, and has no outstanding warrants
14 for those crimes;
15 (iv) Has no record of mental disease or mental illness
16 on file with the Department of State Police that would
17 evidence incapacity, or lack of proper mental capacity;
18 (v) Has not been committed to a state or federal
19 facility for the abuse of a controlled substance or cannabis
20 or has not been convicted of a misdemeanor violation of the
21 Illinois Controlled Substances Act or Cannabis Control Act or
22 similar laws of any other state relating to controlled
23 substances or cannabis within a 10 year period immediately
24 preceding the date on which the application is submitted; and
25 (vi) Does not chronically and habitually use alcoholic
26 beverages as evidenced by the applicant having 2 or more
27 convictions for violating Section 11-501 of the Illinois
28 Vehicle Code or similar provision of a local ordinance within
29 5 years preceding his or her application or if the applicant
30 has elected treatment under the supervision of a licensed
31 program in accordance with the Alcoholism and other Drug
32 Abuse and Dependency Act or similar laws of any other state
33 within a 5 year period immediately preceding the date on
34 which the application is submitted.
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1 Section 30. Contents of application. The initial
2 application shall be in writing, under oath and under the
3 penalties of perjury, on a standard form promulgated by the
4 Department of State Police and shall be accompanied by the
5 appropriate fees and required documentation. The application
6 shall contain only the following information:
7 (i) the applicant's name, address, gender, and date and
8 place of birth;
9 (ii) a head and shoulder color photograph taken within
10 30 days preceding the date on which the application is
11 submitted;
12 (iii) questions to certify or demonstrate the applicant
13 has completed a firearms and deadly use of force training
14 and education prerequisites specified under this Act;
15 (iv) a statement that the applicant is a resident of the
16 State of Illinois and has been a resident for the last 6
17 months and is a permanent resident of the United States;
18 (v) a waiver of privacy and confidentiality rights and
19 privileges enjoyed by the applicant under all federal and
20 state laws governing access to juvenile court, criminal
21 justice, psychological or psychiatric records, or records
22 relating to the applicant's history of institutionalization,
23 and an affirmative request that any person having custody of
24 any such record provide it or information concerning it to
25 the Department;
26 (vi) a conspicuous warning that false statements made by
27 the applicant will result in prosecution for perjury in
28 accordance with Section 32-2 of the Criminal Code of 1961;
29 (vii) An affirmation that the applicant is at least 21
30 years of age, that the applicant posses a currently valid
31 Illinois Firearm Owner's Identification Card, together with
32 the card number or is applying for the card in conjunction
33 with the concealed firearms permit application;
34 (viii) An affirmation that the applicant has never been
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1 convicted of any felony or of a misdemeanor involving the
2 use or threat of physical force or violence to any person;
3 and has never been adjudicated a delinquent minor for an
4 offense which, had he or she been tried as an adult would
5 have been such a felony or misdemeanor;
6 (ix) The application shall also contain the following
7 statement along with a signature line for use by the
8 applicant, which statement the applicant shall affirm under
9 oath "I the undersigned state, under oath and subject to the
10 penalty of perjury, that I am not a streetgang member as
11 defined in Section 10 of the Illinois Streetgang Terrorism
12 Omnibus Prevention Act, and I will not join or become
13 associated with a criminal streetgang.".
14 Section 35. Submission of identifying information; fee.
15 In addition to the completed application, the applicant must
16 also submit the following to the sheriff of the county in
17 which the applicant resides. The sheriff shall submit the
18 information to the Department of State Police:
19 (i) A head and shoulder color photograph as required by
20 Section 30 in a size specified by the Department of State
21 Police taken within 30 days preceding the date on which the
22 application is submitted;
23 (ii) A non-refundable permit fee of $100 if he or she
24 has not previously been issued such a permit by the
25 Department of State Police, or a non-refundable permit fee of
26 $75 for each renewal of a permit of which $20 shall be
27 retained by the sheriff or, if the applicant resides within a
28 municipality in a county of 3,000,000 or more inhabitants, by
29 the municipal police department.
30 (iii) A full set of legible fingerprints administered to
31 the applicant by the Department of State Police, or any other
32 federal, State, county or municipal law enforcement agency.
33 Any cost of fingerprinting shall be paid by the applicant.
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1 (iv) A photocopy of a certificate or other evidence of
2 completion of a course to show compliance with Section 90 of
3 this Act.
4 Section 40. Approval of application.
5 (a) If the Department of State Police finds that the
6 applicant possesses a valid Firearm Owner's Identification
7 Card, meets the training requirements of this Act and has
8 provided the documentation and paid the fees required for
9 issuance of a concealed firearms permit, and that, as nearly
10 as it is possible to determine, nothing in the applicant's
11 background or present circumstances disqualify him or her
12 from possessing a firearm in Illinois, it shall approve the
13 application and issue the applicant a wallet sized permit
14 bearing the photograph of the applicant within 90 days.
15 (b) The Department may consider any objection or
16 recommendation made by the sheriff or municipal police
17 department supported by specific and articulable reasons, in
18 a written report, why the applicant should be denied a permit
19 and may deny the permit based solely on those objections.
20 (c) If the applicant is found to be ineligible, the
21 Department of State Police shall deny the application, and
22 notify the applicant in writing, stating the grounds for
23 denial and informing the applicant of the right to submit,
24 within 30 days, any additional documentation relating to the
25 grounds of the denial. Upon receiving any additional
26 documentation, the Department of State Police shall
27 reconsider its decision and inform the applicant within 30
28 days of the result of the reconsideration. The applicant
29 shall further be informed of the right to appeal the denial
30 in the circuit court of his or her place of residence.
31 (d) The Department of State Police shall maintain an
32 automated listing of permit holders and pertinent
33 information, and this information shall be available on-line,
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1 upon request, at all times to all Illinois law enforcement
2 agencies. Except as provided in this subsection, information
3 on applications for permits, names and addresses, or other
4 identifying information relating to permit holders shall be
5 confidential and shall not be made available except to law
6 enforcement agencies. Requests for information about any
7 permit holder made by persons other than a bona fide law
8 enforcement agency shall be made to the Department of State
9 Police together with any fee required for the providing of
10 information. The Department of State Police shall, upon
11 proper application and the payment of the required fee,
12 provide to the requester in written form only, a list of
13 names of any or all holders in the State of Illinois licensed
14 to carry a concealed firearm. No identifying information
15 other than the name shall be provided, and information for
16 geographic areas or other subdivisions of any type from the
17 list shall not be provided, except to a bona fide law
18 enforcement agency, and shall be confidential. No requests
19 for lists of local or statewide permit holders shall be made
20 to any state or local law enforcement agency. No other
21 agency of government other than the Department of State
22 Police shall provide any information to a requester not
23 entitled to it by law. The names of all persons, other than
24 law enforcement agencies and peace officers, requesting
25 information under this Section shall be public records.
26 Section 45. Revocation of a permit.
27 A permit issued under Section 40 shall be suspended or
28 revoked if the permit holder becomes ineligible to be issued
29 a permit under the criteria set forth in subsection (b)(i),
30 (ii), (iii), (iv), (v), and (vi) of Section 25 or subsection
31 (b) of Section 40 of this Act. When an order of protection
32 is issued under the provisions of Section 112A-14 of the Code
33 of Criminal Procedure of 1963 or the Illinois Domestic
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1 Violence Act of 1986 against a person holding a permit issued
2 under this Act, the holder of the permit shall surrender the
3 permit to the court or to the officer serving the order. The
4 officer to whom the permit is surrendered shall forthwith
5 transmit the permit to the court issuing the order. The
6 permit shall be suspended until the order is terminated.
7 Section 50. Notification of renewal. Not later than 120
8 days before the expiration of any permit issued under this
9 Act, the Department of State Police shall notify the permit
10 holder in writing of the expiration and furnish an
11 application for renewal of the permit.
12 Section 55. Renewal of permit.
13 (a) The permit shall be renewed for a qualified
14 applicant upon receipt of the properly completed renewal
15 application and required renewal fee. The renewal application
16 shall contain the same required information as set forth in
17 paragraphs (i) through (ix) of Section 30, except that in
18 lieu of the firearm education and use of deadly force
19 training, the applicant need only demonstrate previous
20 issuance of and continued eligibility for a concealed
21 firearms permit.
22 (b) A permittee who fails to file a renewal application
23 on or before its expiration date must pay an additional late
24 fee of $25. A person who fails to renew his or her
25 application within 6 months after it's expiration must
26 reapply for a new permit and pay the fee for a new
27 application.
28 Section 60. Change of Address, change of name or lost or
29 destroyed permits.
30 (a) Within 30 days after the changing of a permanent
31 residence, or within 30 days after loss or destruction of a
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1 concealed firearms permit, the permittee shall notify the
2 Department of State Police of the loss, destruction, change
3 of name, or change of residence. Failure to notify the
4 Department of State Police shall constitute a noncriminal
5 violation with a penalty of $25 payable to the Department of
6 State Police.
7 (b) If a person issued a permit to carry a concealed
8 firearm changes residence within this State, or changes his
9 or her name, the person to whom the permit was issued may
10 upon payment of $25 to the Department of State Police obtain
11 a corrected concealed firearms permit with a change of
12 address or change of name upon furnishing a notarized
13 statement to the Department of State Police that the
14 permittee has changed residence, or his or her name and upon
15 submission of an application as set forth in Section 25 and
16 photograph as set forth in paragraph (ii) of Section 30 of
17 this Act. A concealed firearms permit shall be automatically
18 invalid after 30 days if the permittee has not notified the
19 Department of State Police of a change of residence.
20 (c) If a permit to carry a concealed firearm is lost or
21 destroyed, the permit shall be automatically invalid, and the
22 person to whom the permit was issued may upon payment of $25
23 to the Department of State Police obtain a duplicate, and
24 upon furnishing a notarized statement to the Department of
25 State Police that the permit was lost or destroyed, and
26 submission of an application as set forth in Section 25 and
27 photograph as set forth in paragraph (ii) of Section 30 of
28 this Act.
29 Section 65. Reciprocity. A person who holds a valid
30 permit or license issued by another state of the United
31 States whose home state permits Illinois residents to obtain
32 a permit or license to carry a concealed firearm in that
33 state may apply directly to the Department of State Police
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1 for a permit to carry a concealed firearm in Illinois. The
2 Department of State Police shall take whatever steps are
3 necessary to verify that the person applying has a valid
4 permit or license to carry a concealed firearm issued by his
5 or her home state.
6 Section 70. Concealed firearms permit.
7 (a) A concealed firearm permit shall authorize the
8 person in whose name the permit is issued to carry concealed
9 firearms on or about his or her person or vehicle throughout
10 the State. No permit issued under this Section shall
11 authorize any person to carry a concealed firearm into or
12 upon:
13 (i) The property of any police, sheriff, or highway
14 patrol, office or station.
15 (ii) The property of any adult or juvenile detention or
16 correctional facility, prison, or jail.
17 (iii) Any courthouse, solely occupied by the Circuit,
18 Appellate, or Supreme Court or a courtroom of any of those
19 courts, or court proceeding, except that nothing in this
20 Section shall preclude a judge, holding a concealed firearm
21 permit, from carrying a concealed firearm.
22 (iv) Any meeting of the governing body of a unit of
23 local government; or any meeting of the General Assembly or a
24 committee of the General Assembly, except that nothing in
25 this Section shall preclude a member of the body, holding a
26 concealed firearms permit from carrying a concealed firearm
27 at a meeting of the body which he or she is a member.
28 (v) Any building exclusively used by a unit of local
29 government except those buildings used for public housing by
30 private persons.
31 The General Assembly, county, or municipality may by
32 statute, administrative regulation, or ordinance, prohibit or
33 limit the carrying of concealed firearms by permit holders in
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1 that portion of a building owned, leased or controlled by
2 that unit of government. That portion of a building in which
3 the carrying of concealed firearms is prohibited or limited
4 shall be clearly identified by signs posted at the entrance
5 to the restricted area. The statute or ordinance shall exempt
6 any building used for public housing by private persons,
7 highways or rest areas, firing ranges, and private dwellings
8 owned, leased, or controlled by that unit of government from
9 any restriction on the carrying or possession of a firearm.
10 The statute or ordinance shall not specify any criminal
11 penalty for its violation but may specify that persons
12 violating the statute or ordinance may be denied entrance to
13 the building, ordered to leave the building and if the
14 employees of the unit of government, be subjected to
15 disciplinary measures for violation of the provisions of the
16 statute or ordinance. The provisions of this Section shall
17 not apply to any other unit of government.
18 (vi) Any portion of an establishment licensed to
19 dispense beer or alcoholic beverages for consumption on the
20 premises, which portion of the establishment is primarily
21 devoted to that purpose.
22 This paragraph (vi) does not apply to any bona fide
23 restaurant open to the general public having dining
24 facilities for not less than 50 persons and which receives
25 at least 50% of its gross annual income from the dining
26 facilities by the sale of food.
27 (vii) Any area of an airport to which access is
28 controlled by the inspection of persons and property.
29 (viii) Any place where the carrying of a firearm is
30 prohibited by federal law.
31 (ix) Any elementary or secondary school facility without
32 the consent of school authorities.
33 (x) Any portion of a building used as a child care
34 facility without the consent of the manager. Nothing in this
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1 Section shall prevent the operator of a child care facility
2 in a family home from owning or possessing a firearm or
3 permit.
4 (xi) A riverboat gambling operation or horse racing
5 facility accessible by the public.
6 (xii) Any gated area of an amusement park.
7 (xiii) Any stadium, arena or collegiate or professional
8 sporting event.
9 (xiv) A church or other place of religious worship.
10 A violation of this subsection (a) is a Class A
11 misdemeanor.
12 A concealed firearm permit does not authorize the
13 concealed carrying or transportation of a stun gun or taser.
14 (b) The owner, business or commercial lessee, manager of
15 a private business enterprise, or any other organization,
16 entity, or person may prohibit persons holding a permit for
17 concealed firearms from carrying concealed firearms on the
18 premises and may prohibit employees, not authorized by the
19 employer, holding a permit for concealed firearms from
20 carrying concealed firearms on the property of the employer.
21 If the building or the premises are open to the public, the
22 employer of the business enterprise shall post signs on or
23 about the premises if carrying a concealed firearm is
24 prohibited. Possession of a firearm in a vehicle on the
25 premises shall not be a criminal offense so long as the
26 firearm is not removed from the vehicle or brandished while
27 the vehicle is on the premises. An employer may prohibit
28 employees or other persons holding a permit for a concealed
29 firearm from carrying a concealed firearm in vehicles owned
30 by the employer. Carrying of a concealed firearm in a
31 location specified in this subsection by a permit holder
32 shall not be a criminal act but may subject the person to
33 denial to the premises or removal from the premises.
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1 Section 75. Immunity of Department, sheriff, municipal
2 police department, and their employees and agents. The
3 Department of State Police, office of the county sheriff, or
4 municipal police department or any employee or agent of the
5 Department of State Police, county sheriff, or municipal
6 police department, shall not be liable for damages in any
7 civil action arising from alleged wrongful or improper
8 granting, renewing, or failure to revoke permits issued under
9 this Act. The office of the county sheriff or municipal
10 police department or any employee or agent of the office of
11 the county sheriff or municipal police department shall not
12 be liable for submitting specific and articulable reasons why
13 an applicant should be denied a permit.
14 Section 80. Severability. The provisions of this Act are
15 severable under Section 1.31 of the Statute on Statutes.
16 Section 85. Fees. Fees collected under this Act and
17 deposited into the Citizen Safety and Self-Defense Trust Fund
18 shall be used exclusively for administrating the provisions
19 of this Act; except that, commencing January 1, 1999, any
20 excess monies in the Fund may be used to ensure the prompt
21 and efficient processing of applications received under
22 Section 30 of this Act.
23 (i) Fees for a concealed firearms permit shall be:
24 New permit..$100
25 Renewal..$75
26 Duplicate due to lost or destroyed..$25
27 Corrected permit due to change of address or name..$25
28 Late renewal fee..$25
29 (ii) The Secretary of State shall conduct a study, to
30 determine the cost and feasibility of creating a method of
31 adding an identifiable code, background, or other means to
32 show that an individual has been issued a permit to carry a
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1 concealed firearm by the Department of State Police. By March
2 1 of each year, the Department of State Police shall submit a
3 statistical report to the Governor, the President of the
4 Senate and the Speaker of the House of Representatives,
5 indicating the number of permits issued, revoked, suspended,
6 denied and issued after appeal since the last report and in
7 total and also the number of permits currently valid. The
8 report shall also include the number of arrests, convictions
9 and types of crimes since the last report by individuals
10 issued permits to carry a concealed firearm.
11 Section 90. Applicant training.
12 (a) The applicant training course shall be the
13 standardized training course furnished by the Department and
14 taught by a qualified firearms instructor, consisting of:
15 (1) Twelve hours of classroom instruction, covering
16 at least the following topics:
17 (i) handgun safety in the classroom, at home,
18 on the firing range or while carrying the firearm;
19 (ii) the basic principles of marksmanship;
20 (iii) care and cleaning of handguns; and
21 (iv) by means of a videotape produced or
22 approved by the Department:
23 (A) the requirements for obtaining a
24 concealed firearms permit in this State;
25 (B) laws relating to firearms as
26 prescribed in the Firearm Owners Identification
27 Card Act, Article 24 of the Criminal Code of
28 1961, and 18 U.S.C. 921 through 930;
29 (C) laws relating to the justifiable use
30 of force as prescribed in Article 7 of the
31 Criminal Code of 1961.
32 (2) live firing exercises of sufficient duration
33 for each applicant to fire a handgun:
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1 (i) from a standing position;
2 (ii) a minimum of 20 rounds;
3 (iii) at a distance from a B-21 silhouette
4 target, or an equivalent as approved by the
5 Department, of 7 yards.
6 (b) The classroom portion of the course may be, at the
7 qualified firearms instructor's discretion, divided into
8 segments of not less than 2 hours each.
9 (c) (1) An applicant training course shall not be open
10 to persons who are less than 21 years of age.
11 (2) An applicant training course students shall
12 complete a course application form, which shall include a
13 statement acknowledging receipt of copies of pertinent
14 statutory provisions listed in clauses (A), (B), and (C)
15 of subparagraph (iv) of paragraph (1) of subsection (a)
16 and a liability waiver.
17 (3) The course application form may be obtained
18 from the qualified firearms instructor at the time of the
19 course.
20 (d) Qualified firearms instructors shall not discuss the
21 content of the video tape or the content of the statutory
22 provisions listed in clauses (A), (B), and (C) of
23 subparagraph (iv) of paragraph (1) of subsection (a) with
24 students, either individually or as a class.
25 (e) At the conclusion of the classroom portion of the
26 applicant training course, the qualified firearms instructor
27 shall:
28 (1) distribute a standard course examination to the
29 students;
30 (2) not leave the room in which the examination is
31 being held while the examination is in progress;
32 (3) collect examination booklets and answer sheets
33 from each student at the end of the examination period;
34 (4) not grade the examinations in the presence of
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1 students; and
2 (5) not divulge an applicant's numeric score on the
3 day of the examination, but may indicate whether an
4 applicant passed or failed the examination.
5 (f) A person shall not:
6 (1) Make an unauthorized copy of the applicant
7 training course examination, in whole or in part;
8 (2) Possess the applicant training course
9 examination, or questions from the examination, unless
10 authorized by the Department; or
11 (3) Divulge the contents of an applicant training
12 course examination questions to another person.
13 (g) (1) Students shall provide their own safe,
14 functional handgun and factory-loaded ammunition.
15 (2) Prior to conducting range firing, the certified
16 firearms instructor shall:
17 (i) inspect each applicant's firearm; and
18 (ii) not allow the firing of a handgun that is
19 not in sound mechanical condition or otherwise may
20 pose a safety hazard.
21 (h) Grades of "passing" shall not be given on range work
22 to an applicant who:
23 (1) does not follow the orders of the certified
24 firearms instructor;
25 (2) in the judgment of the certified firearms
26 instructor, handles a firearm in a manner that poses a
27 danger to the applicant or to others; or
28 (3) during the testing portion of the range work
29 fails to hit the silhouette portion of the target with a
30 majority of 20 rounds.
31 (i) Certified firearms instructors shall:
32 (1) allow monitoring of their classes by officials
33 of any certifying agency;
34 (2) make all course records available upon demand
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1 to authorized personnel of the Department; and
2 (3) not divulge course records except as authorized
3 by the certifying agency.
4 (j) (1) Fees for applicant training courses shall not
5 exceed $75 per student.
6 (2) Qualified firearms instructors shall collect
7 the fee and remit $25 of the fee to the Department.
8 (3) Fees shall not be refunded to students who fail
9 or otherwise do not complete the course.
10 (k) An applicant training course shall not have more
11 than 40 students in the classroom portion or more than 5
12 students per range officer engaged in range firing.
13 (l) Within 3 working days after the completion of the
14 course, the certified firearms instructor shall:
15 (1) grade the examinations and
16 (2) mail to the Department:
17 (i) the completed course application
18 form, showing the student's score on the
19 written examination and indicating whether
20 the student passed or failed the range
21 work, and
22 (ii) the graded examinations.
23 (m) Within 15 days after receipt of the material
24 described in section (1), the Department shall mail to the
25 applicant:
26 (i) A certificate of successful course completion;
27 or
28 (ii) Notification that the applicant has failed the
29 course and will not be certified.
30 (n) A student shall be issued a certificate of
31 completion if he or she:
32 (i) answers at least 70% of the written examination
33 questions correctly; and
34 (ii) achieves a grade of "passing" on the range
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1 work.
2 (o) (i) Students who score below 70% on the written
3 examination may retake the examination one time without
4 having to retake the course.
5 (ii) Students who do not achieve a grade of
6 "passing" on the range work may repeat the range work one
7 time without having to retake the course.
8 (iii) Notices of failure will include information
9 on whether the student failed the written exam, the range
10 firing, or both.
11 Section 95. Firearms instructors training.
12 (a) Persons who are not qualified firearms instructors
13 shall not teach applicant training courses.
14 (b) Persons who are not qualified firearms instructors
15 shall not advertise or otherwise represent courses they teach
16 as qualifying their students to meet the requirements to
17 receive a permit to carry concealed firearms in this State.
18 (c) Persons who are not certified instructor trainers
19 shall not teach instructor qualification courses.
20 (d) Persons wishing to become qualified firearms
21 instructors shall:
22 (1) be at least 21 years of age;
23 (2) be a citizen of the United States; and
24 (3) meet the requirements of subsection (b) of
25 Section 25.
26 (e) Persons wishing to become instructor trainers, in
27 addition to the requirements of subsection (d) of this
28 Section, shall:
29 (1) possess a high school diploma or GED
30 certificate,
31 (2) have at least one of the following valid
32 firearms instructor certifications:
33 (I) National Rifle Association Personal
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1 Protection Instructor;
2 (II) National Rifle Association Pistol
3 Marksmanship Instructor;
4 (III) Certification from a firearms
5 instructor's course offered by a State or federal
6 governmental agency; or
7 (IV) A similar firearms instructor qualifying
8 course, approved the Director of State Police or his
9 or her designee.
10 (f) (1) Applicants shall agree to background checks.
11 (2) An applicant may be disqualified from taking
12 firearms instructor training, or have his or her
13 instructor qualification revoked if the applicant:
14 (A) does not meet the requirements of this Act
15 to possess a concealed firearms permit;
16 (B) provides false or misleading information
17 on the application; or
18 (C) has had a prior instructor qualification
19 revoked by the Department.
20 (g) The training course to certify firearms instructors
21 and instructor trainers shall include:
22 (1) Sixteen hours of classroom instruction covering
23 at least the following topics:
24 (i) By means of a videotape produced or
25 approved by the Department:
26 (A) the requirements for obtaining a concealed
27 firearms permit in this State;
28 (B) laws relating to firearms as contained in
29 the Firearm Owners Identification Card Act, Article
30 24 of the Criminal Code of 1961, and 18 U.S.C. 921
31 through 930.
32 (C) laws relating to the justifiable use of
33 force as contained in Article 7 of the Criminal Code
34 of 1961;
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1 (D) the conduct of applicant training courses;
2 (E) record-keeping requirements of this Act;
3 (F) the basic nomenclature of handguns;
4 (G) the basic principles of marksmanship; and
5 (H) the safe handling of handguns.
6 (2) A classroom demonstration, during which the
7 instructor candidate shall receive instruction on and
8 demonstrate competency in the ability to prepare and
9 deliver a classroom presentation using materials from the
10 applicant curriculum.
11 (3) Range instruction and firing of live
12 ammunition, during which the instructor candidate shall
13 receive instruction on and demonstrate competency in the
14 ability to:
15 (i) handle and fire a handgun safely and
16 accurately;
17 (ii) conduct a function test and safety
18 inspection of common types of handguns;
19 (iii) clean common types of handguns; and
20 (iv) supervise and conduct live firing
21 exercises in a safe and efficient manner.
22 (h) To qualify as a certified firearms instructor or
23 instructor trainer, instructor candidates shall achieve:
24 (1) A minimum score of 70% on a written examination
25 covering the material taught during the classroom portion
26 of the course;
27 (2) A minimum score of 80% on range firing of a
28 handgun from the standing position while aiming at a B-21
29 PC silhouette target or an equivalent as approved by the
30 Department, with a minimum of:
31 (i) ten rounds from 7 yards; and
32 (ii) ten rounds from 15 yards; and
33 (iii) a score of "passing" from the
34 course instructor for demonstrating competency
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1 in each of the following:
2 (A) Supervising and conducting live fire;
3 (B) Cleaning and inspecting handguns; and
4 (C) Preparing and delivering the classroom
5 lecture.
6 (i) Instructor candidates who fail to meet the minimum
7 requirements of subsection (h) of this Section may retake the
8 examination, range work, or classroom demonstration one time
9 without having to repeat the course.
10 (j) Qualified firearms instructor and instructor trainer
11 certificates shall be valid for 3 years from date of issue.
12 Qualified firearms instructors or instructor trainers may
13 renew their certification by successfully completing a
14 refresher course offered or approved by the Department.
15 (k) The fees for instructor trainer or refresher courses
16 shall be $100 per student.
17 (1) The fees for qualified instructor courses shall
18 be no more than $100 per student. The instructor trainer
19 shall remit $50 per student to the Department.
20 (2) Fees shall not be refunded to those who do not
21 pass or otherwise fail to complete a course.
22 (l) Course participants shall provide their own safe,
23 functional handgun and factory-loaded ammunition.
24 (m) Prior to conducting range firing, the course
25 instructor shall:
26 (i) inspect each applicant's firearm; and
27 (ii) not allow the firing of a handgun which is not
28 in sound mechanical condition or otherwise may pose a
29 safety hazard.".