103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2627

 

Introduced 2/15/2023, by Rep. Nabeela Syed

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12022 new
65 ILCS 5/11-13-28 new
65 ILCS 5/11-42-9  from Ch. 24, par. 11-42-9
430 ILCS 68/5-20
740 ILCS 130/5 rep.

    Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may prohibit any offensive or unwholesome business or establishment or any firearm dealer or any firearm range (rather than any offensive or unwholesome business or establishment) only within the municipality and within the distance of one mile beyond the municipal limits. Amends the Firearm Dealer License Certification Act. Provides that a retail location established after the effective date of the amendatory Act shall not be located within 1,500 feet (rather than 500 feet) of any school, preschool, day care, cemetery, library, public park, forest preserve, public housing, or place of religious worship (rather than any school, preschool, or day care). Amends the Counties Code and further amends the Illinois Municipal Code adding similar restrictions for the location of firearm ranges in counties and municipalities. Limits the concurrent exercise of home rule powers.


LRB103 25700 AWJ 52049 b

 

 

A BILL FOR

 

HB2627LRB103 25700 AWJ 52049 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Firearm ranges.
8    (a) As used in this Section:
9    "Firearm range" means a rifle, pistol, silhouette, skeet,
10trap, black powder, or other similar range used for
11discharging firearms in a sporting event, for practice or
12instruction in the use of a firearm, or for the testing of a
13firearm.
14    "Prohibited location" means a school building, preschool
15building, day care facility building, library building, public
16housing building, cemetery property, public park property,
17forest preserve property, or place of religious worship.
18    (b) Beginning on the effective date of this amendatory Act
19of the 103rd General Assembly, a firearm range may not be
20constructed or used within 1,500 feet from the nearest point
21of a prohibited location measured to the nearest point on the
22property line of the property where the firearm range is
23located.

 

 

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1    (c) This Section does not apply to a firearm range:
2        (1) in existence on or before the effective date of
3    this amendatory Act of the 103rd General Assembly, unless
4    the firearm range moves to a different property after the
5    effective date of this amendatory Act of the 103rd General
6    Assembly; or
7        (2) whose application for a business license or for
8    zoning approval is pending on the effective date of this
9    amendatory Act of the 103rd General Assembly.
10    This Section does not apply if a prohibited location is
11established within 1,500 feet from the nearest point on the
12property line of the property where the firearm range is to be
13located (i) after the date when the firearm range's
14application for a business license at that location or
15application for zoning approval at that location has been
16submitted, (ii) after the beginning of construction of the
17firearm range at that location, or (iii) after the owner of the
18firearm range enters into a contract for the construction of a
19firearm range at that location.
20    (d) A home rule county may not regulate firearm ranges in a
21manner inconsistent with this Section. This Section is a
22limitation under subsection (i) of Section 6 of Article VII of
23the Illinois Constitution on the concurrent exercise by home
24rule units of powers and functions exercised by the State.
 
25    Section 15. The Illinois Municipal Code is amended by

 

 

HB2627- 3 -LRB103 25700 AWJ 52049 b

1changing Section 11-42-9 and by adding Section 11-13-28 as
2follows:
 
3    (65 ILCS 5/11-13-28 new)
4    Sec. 11-13-28. Firearm ranges.
5    (a) As used in this Section:
6    "Firearm range" means a rifle, pistol, silhouette, skeet,
7trap, black powder, or other similar range used for
8discharging firearms in a sporting event, for practice or
9instruction in the use of a firearm, or for the testing of a
10firearm.
11    "Prohibited location" means a school building, preschool
12building, day care facility building, library building, public
13housing building, cemetery property, public park property,
14forest preserve property, or place of religious worship.
15    (b) Beginning on the effective date of this amendatory Act
16of the 103rd General Assembly, a firearm range may not be
17constructed or used within 1,500 feet from the nearest point
18of a prohibited location measured to the nearest point on the
19property line of the property where the firearm range is
20located.
21    (c) This Section does not apply to a firearm range:
22        (1) in existence on or before the effective date of
23    this amendatory Act of the 103rd General Assembly, unless
24    the firearm range moves to a different property after the
25    effective date of this amendatory Act of the 103rd General

 

 

HB2627- 4 -LRB103 25700 AWJ 52049 b

1    Assembly; or
2        (2) whose application for a business license or for
3    zoning approval is pending on the effective date of this
4    amendatory Act of the 103rd General Assembly.
5    This Section does not apply if a prohibited location is
6established within 1,500 feet from the nearest point on the
7property line of the property where the firearm range is to be
8located (i) after the date when the firearm range's
9application for a business license at that location or
10application for zoning approval at that location has been
11submitted, (ii) after the beginning of construction of the
12firearm range at that location, or (iii) after the owner of the
13firearm range enters into a contract for the construction of a
14firearm range at that location.
15    (d) A home rule county may not regulate firearm ranges in a
16manner inconsistent with this Section. This Section is a
17limitation under subsection (i) of Section 6 of Article VII of
18the Illinois Constitution on the concurrent exercise by home
19rule units of powers and functions exercised by the State.
 
20    (65 ILCS 5/11-42-9)  (from Ch. 24, par. 11-42-9)
21    Sec. 11-42-9. Prohibitions. The corporate authorities of
22each municipality may prohibit any offensive or unwholesome
23business or establishment or any firearm dealer or any firearm
24range within the municipality and within the distance of one
25mile beyond the municipal limits.

 

 

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1(Source: Laws 1961, p. 576.)
 
2    Section 20. The Firearm Dealer License Certification Act
3is amended by changing Section 5-20 as follows:
 
4    (430 ILCS 68/5-20)
5    Sec. 5-20. Additional licensee requirements.
6    (a) A certified licensee shall make a photo copy of a
7buyer's or transferee's valid photo identification card
8whenever a firearm sale transaction takes place. The photo
9copy shall be attached to the documentation detailing the
10record of sale.
11    (b) A certified licensee shall post in a conspicuous
12position on the premises where the licensee conducts business
13a sign that contains the following warning in block letters
14not less than one inch in height:
15        "With few exceptions enumerated in the Firearm Owners
16    Identification Card Act, it is unlawful for you to:
17            (A) store or leave an unsecured firearm in a place
18        where a child can obtain access to it;
19            (B) sell or transfer your firearm to someone else
20        without receiving approval for the transfer from the
21        Illinois State Police, or
22            (C) fail to report the loss or theft of your
23        firearm to local law enforcement within 72 hours.".
24This sign shall be created by the Illinois State Police and

 

 

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1made available for printing or downloading from the Illinois
2State Police's website.
3    (c) No retail location established after the effective
4date of this amendatory Act of the 103rd General Assembly the
5effective date of this Act shall be located within 1,500 500
6feet of any school, pre-school, or day care facility,
7cemetery, library, public park, forest preserve, public
8housing, or place of religious worship in existence at its
9location before the retail location is established as measured
10from the nearest corner of the building holding the retail
11location to the corner of the school, pre-school, or day care
12facility, cemetery, library, public park, forest preserve,
13public housing, or place of religious worship building nearest
14the retail location at the time the retail location seeks
15licensure.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (740 ILCS 130/5 rep.)
18    Section 25. The Premises Liability Act is amended by
19repealing Section 5.