102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1756

 

Introduced 2/17/2021, by Rep. David Friess

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-71 new
765 ILCS 605/18.11 new
765 ILCS 705/17 new
765 ILCS 745/12b new

    Amends the Common Interest Community Association Act, the Condominium Property Act, the Landlord and Tenant Act, and the Mobile Home Landlord and Tenant Rights Act. Provides that a unit owner shall not be prohibited or a landlord or park owner shall not prohibit a tenant from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in: the unit of the unit owner or dwelling unit or mobile home unit of the tenant; a vehicle located in a parking area provided by the common interest community association, condominium association, or landlord or park owner for the unit owner or tenant; or within a common area location of a common interest community or condominium or another controlled location of the landlord or park owner. Effective immediately.


LRB102 11518 LNS 16852 b

 

 

A BILL FOR

 

HB1756LRB102 11518 LNS 16852 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act
5is amended by adding Section 1-71 as follows:
 
6    (765 ILCS 160/1-71 new)
7    Sec. 1-71. Possession of firearm or firearm ammunition.
8    (a) Unless possession of a firearm or firearm ammunition
9within a common interest community is prohibited by State or
10federal law, a unit owner, a tenant or guest of a unit owner,
11or a guest of a tenant of a unit owner shall not be prohibited
12from lawfully possessing, carrying, transporting, or storing a
13firearm, any part of a firearm, or firearm ammunition in:
14        (1) the unit of the unit owner;
15        (2) a vehicle located in a parking area provided for
16    the unit owner or guest of the unit owner by the
17    association; or
18        (3) within a common area, as necessary to:
19            (i) enter or exit the condominium property;
20            (ii) enter or exit the unit of the unit owner; or
21            (iii) enter or exit a vehicle within the common
22        interest community or located in a parking area
23        provided for the unit owner or guest of the unit owner

 

 

HB1756- 2 -LRB102 11518 LNS 16852 b

1        by the association.
2    (b) This Section applies notwithstanding any community
3instruments or bylaws to the contrary, regardless of the date
4of the adoption of the community instruments or bylaws.
 
5    Section 10. The Condominium Property Act is amended by
6adding Section 18.11 as follows:
 
7    (765 ILCS 605/18.11 new)
8    Sec. 18.11. Possession of firearm or firearm ammunition.
9    (a) Unless possession of a firearm or firearm ammunition
10on condominium property is prohibited by State or federal law,
11a unit owner, a tenant or guest of a unit owner, or a guest of
12a tenant of a unit owner shall not be prohibited from lawfully
13possessing, carrying, transporting, or storing a firearm, any
14part of a firearm, or firearm ammunition in:
15        (1) the unit of a unit owner;
16        (2) a vehicle located in a parking area provided for
17    the unit owner or guest of the unit owner by the
18    association; or
19        (3) within a common area, as necessary to:
20            (i) enter or exit the condominium property;
21            (ii) enter or exit the unit of a unit owner; or
22            (iii) enter or exit a vehicle on the condominium
23        property or located in a parking area provided for the
24        unit owner or guest of the unit owner by the

 

 

HB1756- 3 -LRB102 11518 LNS 16852 b

1        association.
2    (b) This Section applies notwithstanding any condominium
3instruments or bylaws to the contrary, regardless of the date
4of the adoption of the condominium instruments or bylaws.
 
5    Section 15. The Landlord and Tenant Act is amended by
6adding Section 17 as follows:
 
7    (765 ILCS 705/17 new)
8    Sec. 17. Possession of firearm or firearm ammunition.
9Unless possession of a firearm or firearm ammunition on the
10property of a landlord is prohibited by State or federal law, a
11landlord shall not prohibit a tenant or a guest of a tenant
12from lawfully possessing, carrying, transporting, or storing a
13firearm, any part of a firearm, or firearm ammunition in:
14        (1) the dwelling unit of the tenant;
15        (2) a vehicle located in a parking area provided for
16    the tenant or guest of the tenant by the landlord; or
17        (3) another location controlled by the landlord, as
18    necessary to:
19            (i) enter or exit the dwelling unit of the tenant;
20            (ii) enter or exit the leased premises; or
21            (iii) enter or exit a vehicle on the leased
22        premises or located in a parking area provided for the
23        tenant or guest of the tenant by the landlord.
 

 

 

HB1756- 4 -LRB102 11518 LNS 16852 b

1    Section 20. The Mobile Home Landlord and Tenant Rights Act
2is amended by adding Section 12b as follows:
 
3    (765 ILCS 745/12b new)
4    Sec. 12b. Possession of firearm or firearm ammunition.
5Unless possession of a firearm or firearm ammunition within a
6mobile home park or manufactured home community of a park
7owner is prohibited by State or federal law, a park owner shall
8not prohibit a tenant or a guest of a tenant from lawfully
9possessing, carrying, transporting, or storing a firearm, any
10part of a firearm, or firearm ammunition in:
11        (1) the mobile home unit of the tenant;
12        (2) a vehicle located in a parking area provided for
13    the tenant or guest of the tenant by the park owner; or
14        (3) another location controlled by the park owner, as
15    necessary to:
16            (i) enter or exit the mobile home unit of the
17        tenant;
18            (ii) enter or exit the leased premises; or
19            (iii) enter or exit a vehicle on the leased
20        premises or located in a parking area provided for the
21        tenant or guest of the tenant by the park owner.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.