96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2257

 

Introduced 2/18/2009, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Citizen's Self-Defense Act. Authorizes the Department of Natural Resources to issue a license to carry a defensive firearm ("LTC") to individuals who meet, among other things, certain training and education requirements. Authorizes the holder of an LTC to carry a defensive firearm, except in an area prohibited under the Act. Requires any LTC issued by another state or municipality to be honored in Illinois. Sets out other provisions related to reciprocity. Authorizes persons who have been issued an order of protection to seek an emergency LTC. Authorizes the Department to deny an application for or revoke an LTC under certain circumstances. Sets out provisions regarding the renewal of an LTC and other administrative matters. Sets forth the penalties for certain violations of the Act. Amends the State Finance Act. Creates the Citizen Safety and Self-Defense Trust Fund as a special fund in the State treasury. Amends the Firearm Owners Identification Card Act. Provides that an ordinance of a unit of local government is invalid if inconsistent with the Citizen's Self-Defense Act. Amends the Criminal Code of 1961. Provides that persons who carry or possess a defensive firearm in accordance with the Citizen's Self-Defense Act are exempt from conviction for unlawful use of weapons and aggravated unlawful use of weapons. Provides that a firearm is not subject to confiscation solely because it is carried in violation of the Citizen's Self-Defense Act. Effective January 1, 2010.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning firearms.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Citizen's Self-Defense Act.
 
6     Section 5. Legislative declaration. The General Assembly
7 finds as a matter of public policy that in order to promote and
8 protect the health, safety, and welfare of the public, it is
9 necessary and in the public interest to provide a system of
10 identifying persons who are qualified to carry firearms on or
11 about their persons for the purpose of lawful self-defense of
12 themselves and others within the State of Illinois by the
13 establishment of a system of License to Carry Cards, thereby
14 establishing a practical and workable system by which law
15 enforcement authorities will be afforded an opportunity to
16 identify those persons who are qualified by this Act.
 
17     Section 10. Definitions.
18     "Administrative decision" is defined as in Section 3-101 of
19 the Code of Civil Procedure.
20     "Conspicuous" means lettering in red bold typeface at least
21 1-1/2 inches in height against a white contrasting background
22 that is at least 11 inches by 14 inches in size.

 

 

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1     "Director" means the Director of the Department of Natural
2 Resources.
3     "Department" means the Department of Natural Resources.
4     "License to Carry" ("LTC") means a license to carry a
5 defensive firearm issued by the Department.
6     "Private establishment" means a building, structure, or
7 portion of a building or structure that is owned, leased,
8 controlled, or operated by a nongovernmental entity for a
9 nongovernmental purpose.
10     "Prominently" means readily visible, located within 4 feet
11 laterally of every entrance, and placed so that the bottom of
12 the sign rests at a height of 4 to 6 feet above the floor.
13     "Reasonable request" means a request made under the
14 following circumstances:
15         (i) the requester will prominently post a conspicuous
16     sign at every entrance to the establishment.
17         (ii) the requester or the requester's agent personally
18     informs the person that guns are prohibited in the premises
19     and demands compliance.
 
20     Section 15. Issuance of LTC. Each applicant shall obtain an
21 application from the Department. Each application package
22 shall contain application instructions, an application form,
23 and a copy of the Illinois Criminal Code use of deadly
24 force-exoneration statute (720 ILCS 5/7-1 et seq.). The
25 completed application form shall include (i) the applicant's

 

 

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1 name, address, gender, and date of birth, (ii) a statement that
2 the applicant is 21 years of age or older, (iii) a statement
3 that the applicant is a resident of the State of Illinois and
4 has been so for at least 6 months and is a citizen or permanent
5 resident of the United States, (iv) a statement that the
6 applicant has not been convicted of a felony or of a crime of
7 domestic violence, has not been adjudicated mentally ill, and
8 is not addicted to illegal chemical substances, and (v) a
9 statement that the applicant has read and understands Illinois
10 law regarding use of deadly force. The applicant shall sign the
11 form under oath and penalty of perjury. The application must be
12 accompanied by (i) a photocopy of the applicant's valid FOID
13 card, (ii) proof of the applicant's completion of training
14 requirements, and (iii) a $50 fee for licensing and criminal
15 background check. If the Department finds that the applicant
16 has completed and signed the form, possesses a valid FOID card,
17 and meets the training requirements, the Department must
18 conduct a criminal background check of the applicant with the
19 State of Illinois and the FBI. Upon confirmation of a clear
20 criminal record, the Department shall produce and issue a
21 wallet-sized LTC to the applicant. The time from the
22 Department's receipt of a complete application until issuance
23 or denial of an LTC shall not exceed 60 days. The LTC shall be
24 valid for 5 years after the issuing date. Within 6 months of
25 expiration, the Department shall provide the licensee with an
26 application package by mail. Each LTC renewal shall include all

 

 

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1 the documentation required of new applications, except that
2 additional training shall not be required. The renewal fee
3 shall be $35, and the renewal LTC shall be valid for 5 years.
 
4     Section 20. Contents of the LTC.
5     (a) Each LTC issued by the Department shall contain the
6 applicant's name, residence, date of birth, sex, physical
7 description, recent photograph, and signature. Each LTC must
8 have the expiration date boldly and conspicuously displayed on
9 the face of the card. Each LTC must have printed on it the
10 following: "This card permits the bearer to lawfully carry
11 loaded firearms on or about his or her person." The Department
12 shall use the person's digital photograph and signature from
13 his or her Illinois driver's license or Illinois Identification
14 Card, if available. The Department shall decline to use a
15 person's digital photograph or signature if the digital
16 photograph or signature is the result of or associated with
17 fraudulent or erroneous data, unless otherwise provided by law.
18     (b) A person applying for an LTC shall consent to the
19 Department's use of the applicant's digital driver's license or
20 Illinois Identification Card photograph, if available, and
21 signature on the applicant's LTC. The Secretary of State shall
22 allow the Department to access the photograph and signature for
23 the purpose of identifying the applicant and issuing an LTC to
24 the applicant.
 

 

 

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1     Section 25. Fees. There is hereby created as a special fund
2 in the State treasury the Citizen Safety and Self-Defense Trust
3 Fund. Fees collected under this Act shall be deposited into the
4 Citizen Safety and Self-Defense Trust Fund and shall be used
5 exclusively for administering this Act.
 
6     Section 30. Training and education requirements.
7     (a) Each applicant must demonstrate safe handling and
8 proficiency with a firearm by any one of the following methods:
9         (1) Completion of a firearms safety or training course
10     or class available to the general public, which includes a
11     minimum of 8 hours of instruction on the safe use of
12     firearms, marksmanship principles, a live fire exercise of
13     at least 50 rounds, and the presentation of a DVD produced
14     by the Illinois Attorney General's office explaining
15     Illinois law regarding the lawful use of deadly force; or a
16     course instructed by a law enforcement agency, junior
17     college, college, private or public institution or
18     organization, or firearms training school, utilizing
19     instructors certified by the National Rifle Association,
20     the Law Enforcement Training Standards Board, or the
21     Department.
22         (2) Completion of any law enforcement firearms safety
23     or training course or class offered for security guards,
24     investigators, special deputies, or any division or
25     subdivision of law enforcement or security enforcement.

 

 

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1         (3) Presenting evidence to the Department of
2     equivalent experience with a firearm through participation
3     in organized shooting competition or military service.
4         (4) Presenting to the Department a valid license to
5     carry a firearm issued by another state.
6         (5) Presenting to the Department evidence of
7     certification as an instructor by the National Rifle
8     Association, the Law Enforcement Training Standards Board,
9     or the Department.
10     (b) Accompanying the application package shall be one or
11 more of the following: (i) a photocopy of a certificate showing
12 completion of a qualified course or classes; (ii) a
13 standardized affidavit (from the instructor, school, club,
14 organization, or group that conducted or taught the course or
15 class) attesting to the completion of the course or class by
16 the applicant; or (iii) a copy of any document that shows
17 completion of the course or class. Any person who conducts a
18 course and attests, as an instructor, to an applicant's
19 completion of a course, must maintain records certifying that
20 he or she instructed the applicant in the necessary subjects.
 
21     Section 35. Qualification of instructors. A person wishing
22 to become a qualified firearms instructors shall have at least
23 one of the following valid firearms instructor certifications:
24 (i) National Rifle Association certified Personal Protection
25 Instructor, (ii) National Rifle Association certified Basic

 

 

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1 Pistol Instructor, (iii) a Certification from a firearms
2 instructor's course offered by a State or federal governmental
3 agency, or (iv) a Certification from a similar firearms
4 instructor qualifying course.
 
5     Section 40. Reciprocity. Any valid permit to carry a
6 defensive firearm issued by a state or municipality shall be
7 honored by the State of Illinois when possessed by a
8 non-Illinois resident. Persons who have recently moved their
9 primary residence to Illinois and hold a valid permit issued by
10 a state or municipality may carry a defensive firearm under
11 that permit for no more than one year following establishment
12 of Illinois residence. Illinois residents holding a valid
13 out-of-state permit to carry upon the effective date of this
14 Act may carry a defensive firearm under that permit for no more
15 than one year after the effective date of this Act. Any person
16 carrying a defensive firearm in Illinois under authority of a
17 permit issued by any state or municipality shall do so in
18 accordance with the laws of the State of Illinois.
 
19     Section 45. Prohibited areas.
20     (a) An LTC shall authorize the licensee to carry defensive
21 firearms on or about his or her person throughout the State of
22 Illinois. Individuals licensed under the authority of this Act
23 shall not be permitted to carry a firearm into those areas
24 prohibited by federal law. Other facilities may be posted by

 

 

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1 the owner or operator of that facility as "No Carry" zones by
2 placing an approved sign at each entrance to the facility. Each
3 owner or operator may obtain official signs from the Department
4 for a fee of $10 to $20 per sign. Each approved sign shall be an
5 11 inch by 14 inch sign with red letters on a white background.
6 The letters shall be no less than 1.5 inches high. The sign
7 shall read "No firearms permitted in this facility".
8     (b) A person carrying a firearm on or about his or her
9 person or clothes under an LTC and who otherwise remains at a
10 private establishment knowing that the operator of the
11 establishment or its agent has made a reasonable request that
12 firearms not be brought into the establishment may be ordered
13 to leave the premises. A person who fails to leave when so
14 requested is guilty of a petty offense. The fine for a first
15 offense must not exceed $25.
16     (c) The owner or operator of a private establishment may
17 not prohibit the lawful carrying or possession of firearms in a
18 parking facility or parking area if the firearm remains in the
19 licensee's vehicle and remains locked in the vehicle while the
20 licensee is away from the vehicle.
21     (d) This subdivision does not apply to private residences.
22 The lawful possessor of a private residence may prohibit
23 firearms, and provide notice of that prohibition, in any lawful
24 manner.
25     (e) A landlord may not restrict the lawful carrying or
26 possession of firearms by tenants or their guests.
 

 

 

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1     Section 50. Carrying while impaired. It shall be unlawful
2 for a licensee with a blood-alcohol content in excess of .08%
3 to carry a firearm. Violation of this Section shall result in:
4 a $100 fine and suspension of the LTC for 60 days for a first
5 offense; a $500 fine and suspension of the LTC for 1 year for a
6 second offense; and a $1000 fine and revocation of the LTC for
7 life for a third offense.
 
8     Section 55. Accessibility of records. Records regarding
9 the application, issuance, criminal background, and other
10 information pertaining to LTC holders shall be maintained by
11 the Department. Moreover, the Department shall maintain a
12 database of arrests and convictions of valid LTC holders,
13 noting whether the conviction was for a misdemeanor or felony.
14 These records shall be made available upon request to any
15 federal, state, or local law enforcement agency conducting a
16 criminal investigation. These records shall not otherwise be
17 available to any other agency, news media, group, or individual
18 under any circumstance.
 
19     Section 60. Emergency issuance of an LTC. Any person who
20 has been issued an order of protection by a court shall be
21 eligible to be issued a temporary LTC. Such persons shall apply
22 to the Department, show proof of the order, show evidence of
23 emergency training of at least 4 hours including live fire of

 

 

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1 at least 50 rounds, pass a criminal background check, and sign
2 an understanding of the use of deadly force-exoneration statute
3 (720 ILCS 5/7-1 et seq.). Upon meeting these requirements, the
4 applicant for an emergency LTC shall be issued within 30 days
5 an emergency LTC that shall be valid for 120 days after its
6 issuance, in order to allow the applicant time to apply for and
7 receive a FOID and LTC. The temporary LTC shall serve as a
8 temporary FOID for the applicant.
 
9     Section 65. Revocation clause.
10     (a) The Department has authority to deny an application for
11 or to revoke and seize an LTC previously issued under this Act
12 if the Department finds that the applicant or the person to
13 whom such card was issued is or was at the time of issuance:
14 (i) a person convicted of a felony under the laws of this State
15 or any other jurisdiction; (ii) a person addicted to narcotics;
16 (iii) a person who has been a patient of a mental institution
17 within the past 5 years or has been adjudicated as a person
18 under legal disability under the Probate Act of 1975; or (iv) a
19 person whose FOID card is revoked.
20     (b) Applicants for whom an LTC is denied and every holder
21 of an LTC before the LTC is revoked or seized shall receive a
22 written notice from the Department stating specifically the
23 grounds upon which the application has been denied or upon
24 which the LTC has been revoked.
25     (c) Whenever an application for an LTC is denied or the

 

 

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1 Department fails to act on an application within 60 days of its
2 receipt as provided for in this Act, the aggrieved party may
3 appeal to the circuit court for a hearing upon such denial,
4 revocation, or seizure.
5     (d) At least 30 days before any hearing in the circuit
6 court under this Act, the petitioner shall serve the relevant
7 State's Attorney with a copy of the petition. The State's
8 Attorney may object to the petition and present evidence. At
9 the hearing, the court shall determine whether substantial
10 justice has been done. If the court determines that substantial
11 justice has not been done, the court shall issue an order
12 directing the Department to take appropriate actions.
13     (e) Any person prohibited from possessing a firearm under
14 Section 24-1.1 or 24-3.1 of the Criminal Code of 1961 or
15 prohibited from acquiring an LTC under this Act may apply to
16 the Director of the Department or petition the circuit court in
17 the county where the petitioner resides, whichever is
18 applicable, requesting relief from that prohibition, and the
19 Director or court may grant such relief if it is established by
20 the applicant to the court's or Director's satisfaction that:
21         (1) when in the circuit court, the State's Attorney has
22     been served with a written copy of the petition at least 30
23     days before any such hearing in the circuit court and at
24     the hearing the State's Attorney was afforded an
25     opportunity to present evidence and object to the petition;
26         (2) the applicant has not been convicted of a forcible

 

 

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1     felony under the laws of this State or any other
2     jurisdiction within the 20 years preceding the applicant's
3     application for an LTC, and at least 20 years have passed
4     since the end of any period of imprisonment imposed in
5     relation to such a conviction;
6         (3) the circumstances regarding a criminal conviction,
7     where applicable, the applicant's criminal history, and
8     his or her reputation are such that the applicant will not
9     be likely to act in a manner dangerous to public safety;
10     and
11         (4) granting relief would not be contrary to the public
12     interest.
13     (f) The court shall review the denial of an application for
14 or the revocation of an LTC of a person who has been
15 adjudicated delinquent for an offense that if committed by an
16 adult would be a felony, if an application for relief has been
17 filed at least 10 years after the adjudication of delinquency
18 and the court determines that the applicant should be granted
19 relief from disability to obtain an LTC. If the court grants
20 relief, the court shall notify the Department that the
21 disability has been removed and that the applicant is eligible
22 to obtain an LTC.
23     (g) All final administrative decisions of the Department
24 under this Act shall be subject to judicial review under the
25 provisions of the Administrative Review Law and the rules
26 adopted under it.

 

 

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1     (h) The Director of the Department shall submit a report to
2 the General Assembly on March 1 of each year, beginning March
3 1, 2010, listing all final decisions by a court of this State
4 upholding, reversing, or reversing in part any administrative
5 decision made by the Department.
 
6     Section 70. Renewal notification. The Department shall, 90
7 days prior to the expiration of an LTC, forward by first class
8 mail to each person whose card is to expire a notification of
9 the expiration of the card and an application that may be used
10 to apply for renewal of the LTC. Each renewal application is to
11 be returned at least 60 days prior to expiration.
12 Requalification is required for renewal applications filed
13 more than one year after the LTC expiration date.
 
14     Section 75. Change of address; change of name; lost or
15 destroyed permits. Within 60 days after the changing of a
16 permanent residence or 60 days after loss or destruction of an
17 LTC, the license holder shall notify the Department of the
18 loss, destruction, change of name, or change of residence.
19 Failure to notify the Department shall result in an
20 administrative charge of $25 payable to the Department. If an
21 LTC is lost or destroyed, the person to whom the permit was
22 issued may obtain a duplicate upon paying a $10 administrative
23 charge to the Department, furnishing a notarized statement to
24 the Department that the permit was lost or destroyed, and

 

 

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1 submitting an application and photograph as set forth in this
2 Act. A copy of the documents submitted to the Department shall
3 serve as an LTC for the licensee until a corrected or
4 replacement LTC is issued by the Department and the licensee
5 shall be able to carry a firearm by virtue of those documents.
6 If a person issued an LTC changes either his or her residence
7 within this State or his or her name, the person to whom the
8 permit was issued may upon payment of $10 to the Department
9 obtain a corrected LTC with a change of address or change of
10 name upon furnishing a notarized statement to the Department
11 that the licensee has changed his or her residence or name and
12 submitting an application as set forth in this Act.
 
13     Section 80. Altered, forged, or counterfeit LTCs. Any
14 person who forges or materially alters an LTC or who
15 counterfeits an LTC commits a Class A misdemeanor. Any person
16 who knowingly possesses a forged or materially altered LTC with
17 the intent to use it commits a Class A misdemeanor. A person
18 who possesses an LTC with knowledge that it is counterfeit
19 commits a Class A misdemeanor.
 
20     Section 85. Penalties.
21     (a) When a person's LTC has expired but the person is not
22 otherwise disqualified from renewing the card, it is a Class C
23 misdemeanor for that person to carry a firearm in a manner
24 other than as provided for under the FOID Act.

 

 

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1     (b) There shall be a 60-day grace period for renewing an
2 expired LTC. After 60 days, the penalty of carrying except as
3 specified in the FOID Act shall increase to a Class A
4 misdemeanor. However, if the card holder re-qualifies and
5 applies for a new LTC within 30 days of the violation, such
6 charges must be dismissed.
7     (c) A violation of the Citizen's Self-Defense Act is a
8 Class C misdemeanor if the person does not possess a currently
9 valid LTC but is otherwise eligible to obtain one under this
10 Act.
11     (d) Any person who knowingly enters false information on an
12 application for an LTC, knowingly gives a false answer to any
13 question on the application, or knowingly submits false
14 evidence in connection with an application is guilty of a Class
15 A misdemeanor.
 
16     Section 90. Severability. If any provision of this Act or
17 the application of it to any person or circumstance is held
18 invalid, such invalidity does not affect other provisions or
19 applications of this Act that can be given effect without the
20 invalid application or provision. To this end, the provisions
21 of this Act are declared to be severable.
 
22     Section 95. Municipal ordinance submission. Within 30 days
23 after the effective date of this Act of the 96th General
24 Assembly, every municipality that enacts an ordinance

 

 

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1 prohibiting LTC holders from carrying a defensive firearm
2 within its boundaries must submit to the Department of State
3 Police a copy of the ordinance adopted by the municipality that
4 prohibits the carrying of firearms by LTC card holders. The
5 Department of State Police shall compile a list of these
6 municipalities and publish them in a form available to the
7 public free of charge and shall periodically update this
8 compilation in a manner prescribed by the Director of State
9 Police.
 
10     Section 100. The State Finance Act is amended by adding
11 Section 5.719 as follows:
 
12     (30 ILCS 105/5.719 new)
13     Sec. 5.719. The Citizen Safety and Self-Defense Trust Fund.
 
14     Section 905. The Firearm Owners Identification Card Act is
15 amended by changing Section 13.1 as follows:
 
16     (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
17     Sec. 13.1. The provisions of any ordinance enacted by any
18 municipality which requires registration or imposes greater
19 restrictions or limitations on the acquisition, possession and
20 transfer of firearms than are imposed by this Act, are not
21 invalidated or affected by this Act, except that an ordinance
22 of a unit of local government, including a home rule unit, is

 

 

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1 invalid if it is inconsistent with the Citizen's Self-Defense
2 Act. It is declared to be the policy of this State that the
3 regulation of the right to carry defensive firearms is an
4 exclusive power and function of the State. A home rule unit may
5 not regulate the issuance of permits to carry defensive
6 firearms. This Section is a denial and limitation of home rule
7 powers and functions under subsection (h) of Section 6 of
8 Article VII of the Illinois Constitution.
9 (Source: P.A. 76-1939.)
 
10     Section 910. The Criminal Code of 1961 is amended by
11 changing Sections 24-2 and 24-6 as follows:
 
12     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
13     Sec. 24-2. Exemptions.
14     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
15 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
16 the following:
17         (1) Peace officers, and any person summoned by a peace
18     officer to assist in making arrests or preserving the
19     peace, while actually engaged in assisting such officer.
20         (2) Wardens, superintendents and keepers of prisons,
21     penitentiaries, jails and other institutions for the
22     detention of persons accused or convicted of an offense,
23     while in the performance of their official duty, or while
24     commuting between their homes and places of employment.

 

 

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1         (3) Members of the Armed Services or Reserve Forces of
2     the United States or the Illinois National Guard or the
3     Reserve Officers Training Corps, while in the performance
4     of their official duty.
5         (4) Special agents employed by a railroad or a public
6     utility to perform police functions, and guards of armored
7     car companies, while actually engaged in the performance of
8     the duties of their employment or commuting between their
9     homes and places of employment; and watchmen while actually
10     engaged in the performance of the duties of their
11     employment.
12         (5) Persons licensed as private security contractors,
13     private detectives, or private alarm contractors, or
14     employed by an agency certified by the Department of
15     Professional Regulation, if their duties include the
16     carrying of a weapon under the provisions of the Private
17     Detective, Private Alarm, Private Security, Fingerprint
18     Vendor, and Locksmith Act of 2004, while actually engaged
19     in the performance of the duties of their employment or
20     commuting between their homes and places of employment,
21     provided that such commuting is accomplished within one
22     hour from departure from home or place of employment, as
23     the case may be. Persons exempted under this subdivision
24     (a)(5) shall be required to have completed a course of
25     study in firearms handling and training approved and
26     supervised by the Department of Professional Regulation as

 

 

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1     prescribed by Section 28 of the Private Detective, Private
2     Alarm, Private Security, Fingerprint Vendor, and Locksmith
3     Act of 2004, prior to becoming eligible for this exemption.
4     The Department of Professional Regulation shall provide
5     suitable documentation demonstrating the successful
6     completion of the prescribed firearms training. Such
7     documentation shall be carried at all times when such
8     persons are in possession of a concealable weapon.
9         (6) Any person regularly employed in a commercial or
10     industrial operation as a security guard for the protection
11     of persons employed and private property related to such
12     commercial or industrial operation, while actually engaged
13     in the performance of his or her duty or traveling between
14     sites or properties belonging to the employer, and who, as
15     a security guard, is a member of a security force of at
16     least 5 persons registered with the Department of
17     Professional Regulation; provided that such security guard
18     has successfully completed a course of study, approved by
19     and supervised by the Department of Professional
20     Regulation, consisting of not less than 40 hours of
21     training that includes the theory of law enforcement,
22     liability for acts, and the handling of weapons. A person
23     shall be considered eligible for this exemption if he or
24     she has completed the required 20 hours of training for a
25     security officer and 20 hours of required firearm training,
26     and has been issued a firearm control card by the

 

 

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1     Department of Professional Regulation. Conditions for the
2     renewal of firearm control cards issued under the
3     provisions of this Section shall be the same as for those
4     cards issued under the provisions of the Private Detective,
5     Private Alarm, Private Security, Fingerprint Vendor, and
6     Locksmith Act of 2004. Such firearm control card shall be
7     carried by the security guard at all times when he or she
8     is in possession of a concealable weapon.
9         (7) Agents and investigators of the Illinois
10     Legislative Investigating Commission authorized by the
11     Commission to carry the weapons specified in subsections
12     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
13     any investigation for the Commission.
14         (8) Persons employed by a financial institution for the
15     protection of other employees and property related to such
16     financial institution, while actually engaged in the
17     performance of their duties, commuting between their homes
18     and places of employment, or traveling between sites or
19     properties owned or operated by such financial
20     institution, provided that any person so employed has
21     successfully completed a course of study, approved by and
22     supervised by the Department of Professional Regulation,
23     consisting of not less than 40 hours of training which
24     includes theory of law enforcement, liability for acts, and
25     the handling of weapons. A person shall be considered to be
26     eligible for this exemption if he or she has completed the

 

 

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1     required 20 hours of training for a security officer and 20
2     hours of required firearm training, and has been issued a
3     firearm control card by the Department of Professional
4     Regulation. Conditions for renewal of firearm control
5     cards issued under the provisions of this Section shall be
6     the same as for those issued under the provisions of the
7     Private Detective, Private Alarm, Private Security,
8     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
9     control card shall be carried by the person so trained at
10     all times when such person is in possession of a
11     concealable weapon. For purposes of this subsection,
12     "financial institution" means a bank, savings and loan
13     association, credit union or company providing armored car
14     services.
15         (9) Any person employed by an armored car company to
16     drive an armored car, while actually engaged in the
17     performance of his duties.
18         (10) Persons who have been classified as peace officers
19     pursuant to the Peace Officer Fire Investigation Act.
20         (11) Investigators of the Office of the State's
21     Attorneys Appellate Prosecutor authorized by the board of
22     governors of the Office of the State's Attorneys Appellate
23     Prosecutor to carry weapons pursuant to Section 7.06 of the
24     State's Attorneys Appellate Prosecutor's Act.
25         (12) Special investigators appointed by a State's
26     Attorney under Section 3-9005 of the Counties Code.

 

 

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1         (12.5) Probation officers while in the performance of
2     their duties, or while commuting between their homes,
3     places of employment or specific locations that are part of
4     their assigned duties, with the consent of the chief judge
5     of the circuit for which they are employed.
6         (13) Court Security Officers while in the performance
7     of their official duties, or while commuting between their
8     homes and places of employment, with the consent of the
9     Sheriff.
10         (13.5) A person employed as an armed security guard at
11     a nuclear energy, storage, weapons or development site or
12     facility regulated by the Nuclear Regulatory Commission
13     who has completed the background screening and training
14     mandated by the rules and regulations of the Nuclear
15     Regulatory Commission.
16         (14) Manufacture, transportation, or sale of weapons
17     to persons authorized under subdivisions (1) through
18     (13.5) of this subsection to possess those weapons.
19     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
20 24-1.6 do not apply to or affect any of the following:
21         (1) Members of any club or organization organized for
22     the purpose of practicing shooting at targets upon
23     established target ranges, whether public or private, and
24     patrons of such ranges, while such members or patrons are
25     using their firearms on those target ranges.
26         (2) Duly authorized military or civil organizations

 

 

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1     while parading, with the special permission of the
2     Governor.
3         (3) Hunters, trappers or fishermen with a license or
4     permit while engaged in hunting, trapping or fishing.
5         (4) Transportation of weapons that are broken down in a
6     non-functioning state or are not immediately accessible.
7         (5) Carrying a concealed firearm by a permittee who has
8     been issued a permit to carry a defensive firearm under the
9     Citizen's Self-Defense Act.
10     (c) Subsection 24-1(a)(7) does not apply to or affect any
11 of the following:
12         (1) Peace officers while in performance of their
13     official duties.
14         (2) Wardens, superintendents and keepers of prisons,
15     penitentiaries, jails and other institutions for the
16     detention of persons accused or convicted of an offense.
17         (3) Members of the Armed Services or Reserve Forces of
18     the United States or the Illinois National Guard, while in
19     the performance of their official duty.
20         (4) Manufacture, transportation, or sale of machine
21     guns to persons authorized under subdivisions (1) through
22     (3) of this subsection to possess machine guns, if the
23     machine guns are broken down in a non-functioning state or
24     are not immediately accessible.
25         (5) Persons licensed under federal law to manufacture
26     any weapon from which 8 or more shots or bullets can be

 

 

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1     discharged by a single function of the firing device, or
2     ammunition for such weapons, and actually engaged in the
3     business of manufacturing such weapons or ammunition, but
4     only with respect to activities which are within the lawful
5     scope of such business, such as the manufacture,
6     transportation, or testing of such weapons or ammunition.
7     This exemption does not authorize the general private
8     possession of any weapon from which 8 or more shots or
9     bullets can be discharged by a single function of the
10     firing device, but only such possession and activities as
11     are within the lawful scope of a licensed manufacturing
12     business described in this paragraph.
13         During transportation, such weapons shall be broken
14     down in a non-functioning state or not immediately
15     accessible.
16         (6) The manufacture, transport, testing, delivery,
17     transfer or sale, and all lawful commercial or experimental
18     activities necessary thereto, of rifles, shotguns, and
19     weapons made from rifles or shotguns, or ammunition for
20     such rifles, shotguns or weapons, where engaged in by a
21     person operating as a contractor or subcontractor pursuant
22     to a contract or subcontract for the development and supply
23     of such rifles, shotguns, weapons or ammunition to the
24     United States government or any branch of the Armed Forces
25     of the United States, when such activities are necessary
26     and incident to fulfilling the terms of such contract.

 

 

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1         The exemption granted under this subdivision (c)(6)
2     shall also apply to any authorized agent of any such
3     contractor or subcontractor who is operating within the
4     scope of his employment, where such activities involving
5     such weapon, weapons or ammunition are necessary and
6     incident to fulfilling the terms of such contract.
7         During transportation, any such weapon shall be broken
8     down in a non-functioning state, or not immediately
9     accessible.
10     (d) Subsection 24-1(a)(1) does not apply to the purchase,
11 possession or carrying of a black-jack or slung-shot by a peace
12 officer.
13     (e) Subsection 24-1(a)(8) does not apply to any owner,
14 manager or authorized employee of any place specified in that
15 subsection nor to any law enforcement officer.
16     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
17 Section 24-1.6 do not apply to members of any club or
18 organization organized for the purpose of practicing shooting
19 at targets upon established target ranges, whether public or
20 private, while using their firearms on those target ranges.
21     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
22 to:
23         (1) Members of the Armed Services or Reserve Forces of
24     the United States or the Illinois National Guard, while in
25     the performance of their official duty.
26         (2) Bonafide collectors of antique or surplus military

 

 

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1     ordinance.
2         (3) Laboratories having a department of forensic
3     ballistics, or specializing in the development of
4     ammunition or explosive ordinance.
5         (4) Commerce, preparation, assembly or possession of
6     explosive bullets by manufacturers of ammunition licensed
7     by the federal government, in connection with the supply of
8     those organizations and persons exempted by subdivision
9     (g)(1) of this Section, or like organizations and persons
10     outside this State, or the transportation of explosive
11     bullets to any organization or person exempted in this
12     Section by a common carrier or by a vehicle owned or leased
13     by an exempted manufacturer.
14     (g-5) Subsection 24-1(a)(6) does not apply to or affect
15 persons licensed under federal law to manufacture any device or
16 attachment of any kind designed, used, or intended for use in
17 silencing the report of any firearm, firearms, or ammunition
18 for those firearms equipped with those devices, and actually
19 engaged in the business of manufacturing those devices,
20 firearms, or ammunition, but only with respect to activities
21 that are within the lawful scope of that business, such as the
22 manufacture, transportation, or testing of those devices,
23 firearms, or ammunition. This exemption does not authorize the
24 general private possession of any device or attachment of any
25 kind designed, used, or intended for use in silencing the
26 report of any firearm, but only such possession and activities

 

 

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1 as are within the lawful scope of a licensed manufacturing
2 business described in this subsection (g-5). During
3 transportation, those devices shall be detached from any weapon
4 or not immediately accessible.
5     (h) An information or indictment based upon a violation of
6 any subsection of this Article need not negative any exemptions
7 contained in this Article. The defendant shall have the burden
8 of proving such an exemption.
9     (i) Nothing in this Article shall prohibit, apply to, or
10 affect the transportation, carrying, or possession, of any
11 pistol or revolver, stun gun, taser, or other firearm consigned
12 to a common carrier operating under license of the State of
13 Illinois or the federal government, where such transportation,
14 carrying, or possession is incident to the lawful
15 transportation in which such common carrier is engaged; and
16 nothing in this Article shall prohibit, apply to, or affect the
17 transportation, carrying, or possession of any pistol,
18 revolver, stun gun, taser, or other firearm, not the subject of
19 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
20 this Article, which is unloaded and enclosed in a case, firearm
21 carrying box, shipping box, or other container, by the
22 possessor of a valid Firearm Owners Identification Card.
23 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
24 95-885, eff. 1-1-09.)
 
25     (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)

 

 

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1     Sec. 24-6. Confiscation and disposition of weapons.
2     (a) Upon conviction of an offense in which a weapon was
3 used or possessed by the offender, any weapon seized shall be
4 confiscated by the trial court.
5     (b) Any stolen weapon so confiscated, when no longer needed
6 for evidentiary purposes, shall be returned to the person
7 entitled to possession, if known. After the disposition of a
8 criminal case or in any criminal case where a final judgment in
9 the case was not entered due to the death of the defendant, and
10 when a confiscated weapon is no longer needed for evidentiary
11 purposes, and when in due course no legitimate claim has been
12 made for the weapon, the court may transfer the weapon to the
13 sheriff of the county who may proceed to destroy it, or may in
14 its discretion order the weapon preserved as property of the
15 governmental body whose police agency seized the weapon, or may
16 in its discretion order the weapon to be transferred to the
17 Department of State Police for use by the crime laboratory
18 system, for training purposes, or for any other application as
19 deemed appropriate by the Department. If, after the disposition
20 of a criminal case, a need still exists for the use of the
21 confiscated weapon for evidentiary purposes, the court may
22 transfer the weapon to the custody of the State Department of
23 Corrections for preservation. The court may not order the
24 transfer of the weapon to any private individual or private
25 organization other than to return a stolen weapon to its
26 rightful owner.

 

 

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1     The provisions of this Section shall not apply to
2 violations of the Fish and Aquatic Life Code or the Wildlife
3 Code. Confiscation of weapons for Fish and Aquatic Life Code
4 and Wildlife Code violations shall be only as provided in those
5 Codes. A firearm is not subject to confiscation under this
6 Section solely because it is carried in violation of the
7 Citizen's Self-Defense Act.
8     (c) Any mental hospital that admits a person as an
9 inpatient pursuant to any of the provisions of the Mental
10 Health and Developmental Disabilities Code shall confiscate
11 any firearms in the possession of that person at the time of
12 admission, or at any time the firearms are discovered in the
13 person's possession during the course of hospitalization. The
14 hospital shall, as soon as possible following confiscation,
15 transfer custody of the firearms to the appropriate law
16 enforcement agency. The hospital shall give written notice to
17 the person from whom the firearm was confiscated of the
18 identity and address of the law enforcement agency to which it
19 has given the firearm.
20     The law enforcement agency shall maintain possession of any
21 firearm it obtains pursuant to this subsection for a minimum of
22 90 days. Thereafter, the firearm may be disposed of pursuant to
23 the provisions of subsection (b) of this Section.
24 (Source: P.A. 91-696, eff. 4-13-00.)
 
25     Section 999. Effective date. This Act takes effect January
26 1, 2010.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     New Act
4     30 ILCS 105/5.719 new
5     430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
6     720 ILCS 5/24-2 from Ch. 38, par. 24-2
7     720 ILCS 5/24-6 from Ch. 38, par. 24-6