102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3761

 

Introduced 2/22/2021, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/7  from Ch. 38, par. 83-7
430 ILCS 65/13.2  from Ch. 38, par. 83-13.2
430 ILCS 65/14  from Ch. 38, par. 83-14
430 ILCS 66/10
430 ILCS 66/45
430 ILCS 66/50
430 ILCS 66/60
430 ILCS 66/70
430 ILCS 66/75

    Amends the Firearm Owners Identification Card Act. Provides that the duration of a Firearm Owner's Identification Card shall be the lifetime of the holder of the Card (rather than 10 years). Amends the Firearm Concealed Carry Act. Provides that the duration of a concealed carry license is the lifetime of the licensee (rather than 5 years). Provides that a Firearm Owner's Identification Card or concealed carry license issued before the effective date of the amendatory Act shall be valid during the Card holder's or licensee's lifetime regardless of the expiration date on the Card or license.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 5, 7, 13.2, and 14 as follows:
 
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, except as provided in subsection (b) of this
11Section, and every applicant found qualified under Section 8
12of this Act by the Department shall be entitled to a Firearm
13Owner's Identification Card upon the payment of a $10 fee. Any
14applicant who is an active duty member of the Armed Forces of
15the United States, a member of the Illinois National Guard, or
16a member of the Reserve Forces of the United States is exempt
17from the application fee. $6 of each fee derived from the
18issuance of Firearm Owner's Identification Cards, or renewals
19thereof, shall be deposited in the Wildlife and Fish Fund in
20the State Treasury; $1 of the fee shall be deposited in the
21State Police Services Fund and $3 of the fee shall be deposited
22in the State Police Firearm Services Fund.
23    (b) (Blank). Renewal applications shall be approved or

 

 

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1denied within 60 business days, provided the applicant
2submitted his or her renewal application prior to the
3expiration of his or her Firearm Owner's Identification Card.
4If a renewal application has been submitted prior to the
5expiration date of the applicant's Firearm Owner's
6Identification Card, the Firearm Owner's Identification Card
7shall remain valid while the Department processes the
8application, unless the person is subject to or becomes
9subject to revocation under this Act. The cost for a renewal
10application shall be $10 which shall be deposited into the
11State Police Firearm Services Fund.
12(Source: P.A. 100-906, eff. 1-1-19.)
 
13    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
14    Sec. 7. Validity of Firearm Owner's Identification Card.
15    (a) Except as provided in Section 8 of this Act or
16subsection (b) of this Section, a Firearm Owner's
17Identification Card issued under the provisions of this Act
18shall be valid for the person to whom it is issued for his or
19her lifetime. A Firearm Owner's Identification Card issued
20before the effective date of this amendatory Act of the 102nd
21General Assembly shall be valid during the Card holder's
22lifetime regardless of the expiration date on the Card. a
23period of 10 years from the date of issuance.
24    (b) (Blank). If a renewal application is submitted to the
25Department before the expiration date of the applicant's

 

 

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1current Firearm Owner's Identification Card, the Firearm
2Owner's Identification Card shall remain valid for a period of
360 business days, unless the person is subject to or becomes
4subject to revocation under this Act.
5(Source: P.A. 100-906, eff. 1-1-19.)
 
6    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
7    Sec. 13.2. Name Renewal; name or address change;
8replacement card. The Department of State Police shall, 60
9days prior to the expiration of a Firearm Owner's
10Identification Card, forward by first class mail to each
11person whose card is to expire a notification of the
12expiration of the card and instructions for renewal. It is the
13obligation of the holder of a Firearm Owner's Identification
14Card to notify the Department of State Police of any address
15change since the issuance of the Firearm Owner's
16Identification Card. Whenever any person moves from the
17residence address named on his or her card, the person shall
18within 21 calendar days thereafter notify in a form and manner
19prescribed by the Department of his or her old and new
20residence addresses and the card number held by him or her. Any
21person whose legal name has changed from the name on the card
22that he or she has been previously issued must apply for a
23corrected card within 30 calendar days after the change. The
24cost for a corrected card shall be $5. The cost for replacement
25of a card which has been lost, destroyed, or stolen shall be $5

 

 

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1if the loss, destruction, or theft of the card is reported to
2the Department of State Police. The fees collected under this
3Section shall be deposited into the State Police Firearm
4Services Fund.
5(Source: P.A. 100-906, eff. 1-1-19.)
 
6    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
7    Sec. 14. Sentence.
8    (a) Until the effective date of this amendatory Act of the
9102nd General Assembly, except Except as provided in
10subsection (a-5), a violation of paragraph (1) of subsection
11(a) of Section 2, when the person's Firearm Owner's
12Identification Card is expired but the person is not otherwise
13disqualified from renewing the card, is a Class A misdemeanor.
14    (a-5) Until the effective date of this amendatory Act of
15the 102nd General Assembly, a A violation of paragraph (1) of
16subsection (a) of Section 2, when the person's Firearm Owner's
17Identification Card is expired but the person is not otherwise
18disqualified from owning, purchasing, or possessing firearms,
19is a petty offense if the card was expired for 6 months or less
20from the date of expiration.
21    (b) Except as provided in subsection (a) with respect to
22an expired card, a violation of paragraph (1) of subsection
23(a) of Section 2 is a Class A misdemeanor when the person does
24not possess a currently valid Firearm Owner's Identification
25Card, but is otherwise eligible under this Act. A second or

 

 

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1subsequent violation is a Class 4 felony.
2    (c) A violation of paragraph (1) of subsection (a) of
3Section 2 is a Class 3 felony when:
4        (1) the person's Firearm Owner's Identification Card
5    is revoked or subject to revocation under Section 8; or
6        (2) Until the effective date of this amendatory Act of
7    the 102nd General Assembly, the person's Firearm Owner's
8    Identification Card is expired and not otherwise eligible
9    for renewal under this Act; or
10        (3) the person does not possess a currently valid
11    Firearm Owner's Identification Card, and the person is not
12    otherwise eligible under this Act.
13    (d) A violation of subsection (a) of Section 3 is a Class 4
14felony. A third or subsequent conviction is a Class 1 felony.
15    (d-5) Any person who knowingly enters false information on
16an application for a Firearm Owner's Identification Card, who
17knowingly gives a false answer to any question on the
18application, or who knowingly submits false evidence in
19connection with an application is guilty of a Class 2 felony.
20    (e) Except as provided by Section 6.1 of this Act, any
21other violation of this Act is a Class A misdemeanor.
22(Source: P.A. 97-1131, eff. 1-1-13.)
 
23    Section 10. The Firearm Concealed Carry Act is amended by
24changing Sections 10, 45, 50, 60, 70, and 75 as follows:
 

 

 

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1    (430 ILCS 66/10)
2    Sec. 10. Issuance of licenses to carry a concealed
3firearm.
4    (a) The Department shall issue a license to carry a
5concealed firearm under this Act to an applicant who:
6        (1) meets the qualifications of Section 25 of this
7    Act;
8        (2) has provided the application and documentation
9    required in Section 30 of this Act;
10        (3) has submitted the requisite fees; and
11        (4) does not pose a danger to himself, herself, or
12    others, or a threat to public safety as determined by the
13    Concealed Carry Licensing Review Board in accordance with
14    Section 20.
15    (b) The Department shall issue a renewal, corrected, or
16duplicate license as provided in this Act.
17    (c) A license shall be valid throughout the State for a
18period of 5 years from the date of issuance. A license shall
19permit the licensee to:
20        (1) carry a loaded or unloaded concealed firearm,
21    fully concealed or partially concealed, on or about his or
22    her person; and
23        (2) keep or carry a loaded or unloaded concealed
24    firearm on or about his or her person within a vehicle.
25    (d) The Department shall make applications for a license
26available no later than 180 days after the effective date of

 

 

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1this Act. The Department shall establish rules for the
2availability and submission of applications in accordance with
3this Act.
4    (e) An application for a license submitted to the
5Department that contains all the information and materials
6required by this Act, including the requisite fee, shall be
7deemed completed. Except as otherwise provided in this Act, no
8later than 90 days after receipt of a completed application,
9the Department shall issue or deny the applicant a license.
10    (f) The Department shall deny the applicant a license if
11the applicant fails to meet the requirements under this Act or
12the Department receives a determination from the Board that
13the applicant is ineligible for a license. The Department must
14notify the applicant stating the grounds for the denial. The
15notice of denial must inform the applicant of his or her right
16to an appeal through administrative and judicial review.
17    (g) A licensee shall possess a license at all times the
18licensee carries a concealed firearm except:
19        (1) when the licensee is carrying or possessing a
20    concealed firearm on his or her land or in his or her
21    abode, legal dwelling, or fixed place of business, or on
22    the land or in the legal dwelling of another person as an
23    invitee with that person's permission;
24        (2) when the person is authorized to carry a firearm
25    under Section 24-2 of the Criminal Code of 2012, except
26    subsection (a-5) of that Section; or

 

 

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1        (3) when the handgun is broken down in a
2    non-functioning state, is not immediately accessible, or
3    is unloaded and enclosed in a case.
4    (h) If an officer of a law enforcement agency initiates an
5investigative stop, including but not limited to a traffic
6stop, of a licensee or a non-resident carrying a concealed
7firearm under subsection (e) of Section 40 of this Act, upon
8the request of the officer the licensee or non-resident shall
9disclose to the officer that he or she is in possession of a
10concealed firearm under this Act, or present the license upon
11the request of the officer if he or she is a licensee or
12present upon the request of the officer evidence under
13paragraph (2) of subsection (e) of Section 40 of this Act that
14he or she is a non-resident qualified to carry under that
15subsection. The disclosure requirement under this subsection
16(h) is satisfied if the licensee presents his or her license to
17the officer or the non-resident presents to the officer
18evidence under paragraph (2) of subsection (e) of Section 40
19of this Act that he or she is qualified to carry under that
20subsection. Upon the request of the officer, the licensee or
21non-resident shall also identify the location of the concealed
22firearm and permit the officer to safely secure the firearm
23for the duration of the investigative stop. During a traffic
24stop, any passenger within the vehicle who is a licensee or a
25non-resident carrying under subsection (e) of Section 40 of
26this Act must comply with the requirements of this subsection

 

 

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1(h).
2    (h-1) If a licensee carrying a firearm or a non-resident
3carrying a firearm in a vehicle under subsection (e) of
4Section 40 of this Act is contacted by a law enforcement
5officer or emergency services personnel, the law enforcement
6officer or emergency services personnel may secure the firearm
7or direct that it be secured during the duration of the contact
8if the law enforcement officer or emergency services personnel
9determines that it is necessary for the safety of any person
10present, including the law enforcement officer or emergency
11services personnel. The licensee or nonresident shall submit
12to the order to secure the firearm. When the law enforcement
13officer or emergency services personnel have determined that
14the licensee or non-resident is not a threat to the safety of
15any person present, including the law enforcement officer or
16emergency services personnel, and if the licensee or
17non-resident is physically and mentally capable of possessing
18the firearm, the law enforcement officer or emergency services
19personnel shall return the firearm to the licensee or
20non-resident before releasing him or her from the scene and
21breaking contact. If the licensee or non-resident is
22transported for treatment to another location, the firearm
23shall be turned over to any peace officer. The peace officer
24shall provide a receipt which includes the make, model,
25caliber, and serial number of the firearm.
26    (i) The Department shall maintain a database of license

 

 

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1applicants and licensees. The database shall be available to
2all federal, State, and local law enforcement agencies,
3State's Attorneys, the Attorney General, and authorized court
4personnel. Within 180 days after the effective date of this
5Act, the database shall be searchable and provide all
6information included in the application, including the
7applicant's previous addresses within the 10 years prior to
8the license application and any information related to
9violations of this Act. No law enforcement agency, State's
10Attorney, Attorney General, or member or staff of the
11judiciary shall provide any information to a requester who is
12not entitled to it by law.
13    (j) No later than 10 days after receipt of a completed
14application, the Department shall enter the relevant
15information about the applicant into the database under
16subsection (i) of this Section which is accessible by law
17enforcement agencies.
18(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
19eff. 7-10-15.)
 
20    (430 ILCS 66/45)
21    Sec. 45. Civil immunity; Board, employees, and agents. The
22Board, Department, local law enforcement agency, or the
23employees and agents of the Board, Department, or local law
24enforcement agency participating in the licensing process
25under this Act shall not be held liable for damages in any

 

 

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1civil action arising from alleged wrongful or improper
2granting, denying, renewing, revoking, suspending, or failing
3to grant, deny, renew, revoke, or suspend a license under this
4Act, except for willful or wanton misconduct.
5(Source: P.A. 98-63, eff. 7-9-13.)
 
6    (430 ILCS 66/50)
7    Sec. 50. Lifetime license License renewal.
8    (a) A license shall be valid during the licensee's
9lifetime. A license issued before the effective date of this
10amendatory Act of the 102nd General Assembly shall be valid
11during the licensee's lifetime regardless of the expiration
12date on the license. This subsection (a) applies through the
13180th day following the effective date of this amendatory Act
14of the 101st General Assembly. Applications for renewal of a
15license shall be made to the Department. A license shall be
16renewed for a period of 5 years upon receipt of a completed
17renewal application, completion of 3 hours of training
18required under Section 75 of this Act, payment of the
19applicable renewal fee, and completion of an investigation
20under Section 35 of this Act. The renewal application shall
21contain the information required in Section 30 of this Act,
22except that the applicant need not resubmit a full set of
23fingerprints.
24    (b) (Blank). This subsection (b) applies on and after the
25181st day following the effective date of this amendatory Act

 

 

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1of the 101st General Assembly. Applications for renewal of a
2license shall be made to the Department. A license shall be
3renewed for a period of 5 years from the date of expiration on
4the applicant's current license upon the receipt of a
5completed renewal application, completion of 3 hours of
6training required under Section 75 of this Act, payment of the
7applicable renewal fee, and completion of an investigation
8under Section 35 of this Act. The renewal application shall
9contain the information required in Section 30 of this Act,
10except that the applicant need not resubmit a full set of
11fingerprints.
12(Source: P.A. 101-80, eff. 7-12-19.)
 
13    (430 ILCS 66/60)
14    Sec. 60. Fees.
15    (a) All fees collected under this Act shall be deposited
16as provided in this Section. Application, renewal, and
17replacement fees shall be non-refundable.
18    (b) An applicant for a new license or a renewal shall
19submit $150 with the application, of which $120 shall be
20apportioned to the State Police Firearm Services Fund, $20
21shall be apportioned to the Mental Health Reporting Fund, and
22$10 shall be apportioned to the State Crime Laboratory Fund.
23    (c) A non-resident applicant for a new license or renewal
24shall submit $300 with the application, of which $250 shall be
25apportioned to the State Police Firearm Services Fund, $40

 

 

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1shall be apportioned to the Mental Health Reporting Fund, and
2$10 shall be apportioned to the State Crime Laboratory Fund.
3    (d) A licensee requesting a new license replacement in
4accordance with Section 55 shall submit $75, of which $60
5shall be apportioned to the State Police Firearm Services
6Fund, $5 shall be apportioned to the Mental Health Reporting
7Fund, and $10 shall be apportioned to the State Crime
8Laboratory Fund.
9(Source: P.A. 98-63, eff. 7-9-13.)
 
10    (430 ILCS 66/70)
11    Sec. 70. Violations.
12    (a) A license issued or renewed under this Act shall be
13revoked if, at any time, the licensee is found to be ineligible
14for a license under this Act or the licensee no longer meets
15the eligibility requirements of the Firearm Owners
16Identification Card Act.
17    (b) A license shall be suspended if an order of
18protection, including an emergency order of protection,
19plenary order of protection, or interim order of protection
20under Article 112A of the Code of Criminal Procedure of 1963 or
21under the Illinois Domestic Violence Act of 1986, or if a
22firearms restraining order, including an emergency firearms
23restraining order, under the Firearms Restraining Order Act,
24is issued against a licensee for the duration of the order, or
25if the Department is made aware of a similar order issued

 

 

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1against the licensee in any other jurisdiction. If an order of
2protection is issued against a licensee, the licensee shall
3surrender the license, as applicable, to the court at the time
4the order is entered or to the law enforcement agency or entity
5serving process at the time the licensee is served the order.
6The court, law enforcement agency, or entity responsible for
7serving the order of protection shall notify the Department
8within 7 days and transmit the license to the Department.
9    (c) (Blank). A license is invalid upon expiration of the
10license, unless the licensee has submitted an application to
11renew the license, and the applicant is otherwise eligible to
12possess a license under this Act.
13    (d) A licensee shall not carry a concealed firearm while
14under the influence of alcohol, other drug or drugs,
15intoxicating compound or combination of compounds, or any
16combination thereof, under the standards set forth in
17subsection (a) of Section 11-501 of the Illinois Vehicle Code.
18    A licensee in violation of this subsection (d) shall be
19guilty of a Class A misdemeanor for a first or second violation
20and a Class 4 felony for a third violation. The Department may
21suspend a license for up to 6 months for a second violation and
22shall permanently revoke a license for a third violation.
23    (e) Except as otherwise provided, a licensee in violation
24of this Act shall be guilty of a Class B misdemeanor. A second
25or subsequent violation is a Class A misdemeanor. The
26Department may suspend a license for up to 6 months for a

 

 

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1second violation and shall permanently revoke a license for 3
2or more violations of Section 65 of this Act. Any person
3convicted of a violation under this Section shall pay a $150
4fee to be deposited into the Mental Health Reporting Fund,
5plus any applicable court costs or fees.
6    (f) A licensee convicted or found guilty of a violation of
7this Act who has a valid license and is otherwise eligible to
8carry a concealed firearm shall only be subject to the
9penalties under this Section and shall not be subject to the
10penalties under Section 21-6, paragraph (4), (8), or (10) of
11subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
12of paragraph (3) of subsection (a) of Section 24-1.6 of the
13Criminal Code of 2012. Except as otherwise provided in this
14subsection, nothing in this subsection prohibits the licensee
15from being subjected to penalties for violations other than
16those specified in this Act.
17    (g) A licensee whose license is revoked, suspended, or
18denied shall, within 48 hours of receiving notice of the
19revocation, suspension, or denial, surrender his or her
20concealed carry license to the local law enforcement agency
21where the person resides. The local law enforcement agency
22shall provide the licensee a receipt and transmit the
23concealed carry license to the Department of State Police. If
24the licensee whose concealed carry license has been revoked,
25suspended, or denied fails to comply with the requirements of
26this subsection, the law enforcement agency where the person

 

 

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1resides may petition the circuit court to issue a warrant to
2search for and seize the concealed carry license in the
3possession and under the custody or control of the licensee
4whose concealed carry license has been revoked, suspended, or
5denied. The observation of a concealed carry license in the
6possession of a person whose license has been revoked,
7suspended, or denied constitutes a sufficient basis for the
8arrest of that person for violation of this subsection. A
9violation of this subsection is a Class A misdemeanor.
10    (h) A license issued or renewed under this Act shall be
11revoked if, at any time, the licensee is found ineligible for a
12Firearm Owner's Identification Card, or the licensee no longer
13possesses a valid Firearm Owner's Identification Card. A
14licensee whose license is revoked under this subsection (h)
15shall surrender his or her concealed carry license as provided
16for in subsection (g) of this Section.
17    This subsection shall not apply to a person who has filed
18an application with the State Police for renewal of a Firearm
19Owner's Identification Card and who is not otherwise
20ineligible to obtain a Firearm Owner's Identification Card.
21    (i) A certified firearms instructor who knowingly provides
22or offers to provide a false certification that an applicant
23has completed firearms training as required under this Act is
24guilty of a Class A misdemeanor. A person guilty of a violation
25of this subsection (i) is not eligible for court supervision.
26The Department shall permanently revoke the firearms

 

 

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1instructor certification of a person convicted under this
2subsection (i).
3(Source: P.A. 100-607, eff. 1-1-19.)
 
4    (430 ILCS 66/75)
5    Sec. 75. Applicant firearm training.
6    (a) Within 60 days of the effective date of this Act, the
7Department shall begin approval of firearm training courses
8and shall make a list of approved courses available on the
9Department's website.
10    (b) An applicant for a new license shall provide proof of
11completion of a firearms training course or combination of
12courses approved by the Department of at least 16 hours, which
13includes range qualification time under subsection (c) of this
14Section, that covers the following:
15        (1) firearm safety;
16        (2) the basic principles of marksmanship;
17        (3) care, cleaning, loading, and unloading of a
18    concealable firearm;
19        (4) all applicable State and federal laws relating to
20    the ownership, storage, carry, and transportation of a
21    firearm; and
22        (5) instruction on the appropriate and lawful
23    interaction with law enforcement while transporting or
24    carrying a concealed firearm.
25    (c) An applicant for a new license shall provide proof of

 

 

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1certification by a certified instructor that the applicant
2passed a live fire exercise with a concealable firearm
3consisting of:
4        (1) a minimum of 30 rounds; and
5        (2) 10 rounds from a distance of 5 yards; 10 rounds
6    from a distance of 7 yards; and 10 rounds from a distance
7    of 10 yards at a B-27 silhouette target approved by the
8    Department.
9    (d) (Blank). An applicant for renewal of a license shall
10provide proof of completion of a firearms training course or
11combination of courses approved by the Department of at least
123 hours.
13    (e) A certificate of completion for an applicant's firearm
14training course shall not be issued to a student who:
15        (1) does not follow the orders of the certified
16    firearms instructor;
17        (2) in the judgment of the certified instructor,
18    handles a firearm in a manner that poses a danger to the
19    student or to others; or
20        (3) during the range firing portion of testing fails
21    to hit the target with 70% of the rounds fired.
22    (f) An instructor shall maintain a record of each
23student's performance for at least 5 years, and shall make all
24records available upon demand of authorized personnel of the
25Department.
26    (g) The Department and certified firearms instructors

 

 

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1shall recognize up to 8 hours of training already completed
2toward the 16 hour training requirement under this Section if
3the training course is submitted to and approved by the
4Department. Any remaining hours that the applicant completes
5must at least cover the classroom subject matter of paragraph
6(4) of subsection (b) of this Section, and the range
7qualification in subsection (c) of this Section.
8    (h) A person who has qualified to carry a firearm as an
9active law enforcement or corrections officer, who has
10successfully completed firearms training as required by his or
11her law enforcement agency and is authorized by his or her
12agency to carry a firearm; a person currently certified as a
13firearms instructor by this Act or by the Illinois Law
14Enforcement Training Standards Board; or a person who has
15completed the required training and has been issued a firearm
16control card by the Department of Financial and Professional
17Regulation shall be exempt from the requirements of this
18Section.
19    (i) The Department and certified firearms instructors
20shall recognize 8 hours of training as completed toward the 16
21hour training requirement under this Section, if the applicant
22is an active, retired, or honorably discharged member of the
23United States Armed Forces. Any remaining hours that the
24applicant completes must at least cover the classroom subject
25matter of paragraph (4) of subsection (b) of this Section, and
26the range qualification in subsection (c) of this Section.

 

 

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1    (j) The Department and certified firearms instructors
2shall recognize up to 8 hours of training already completed
3toward the 16 hour training requirement under this Section if
4the training course is approved by the Department and was
5completed in connection with the applicant's previous
6employment as a law enforcement or corrections officer. Any
7remaining hours that the applicant completes must at least
8cover the classroom subject matter of paragraph (4) of
9subsection (b) of this Section, and the range qualification in
10subsection (c) of this Section. A former law enforcement or
11corrections officer seeking credit under this subsection (j)
12shall provide evidence that he or she separated from
13employment in good standing from each law enforcement agency
14where he or she was employed. An applicant who was discharged
15from a law enforcement agency for misconduct or disciplinary
16reasons is not eligible for credit under this subsection (j).
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)