Rep. Kelly Burke

Filed: 2/25/2013





09800HB1155ham003LRB098 08475 MRW 41601 a


2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 130. Firearm carry prohibition; child care
6    (a) No person may knowingly carry a firearm into any
7portion of a building used as a child care facility, or any
8adjacent property or parking lot area under control of or owned
9by a child care facility.
10    (b) Nothing in this Section shall prevent the owner or
11operator of a child care facility in a family home from owning
12or possessing a firearm or license, so long as the firearm is
13stored unloaded in a locked container.
14    (c) The exemptions and provisions in subsections (a), (b),
15(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
16Criminal Code of 2012 apply to this Section.
17    (d) The United States Supreme Court in District of Columbia



09800HB1155ham003- 2 -LRB098 08475 MRW 41601 a

1v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
2that the Second Amendment to the United States Constitution
3does not confer an unlimited right and that states may prohibit
4the carrying of firearms in sensitive places. The Supreme Court
5stated in the Heller decision: "Although we do not undertake an
6exhaustive historical analysis today of the full scope of the
7Second Amendment, nothing in our opinion should be taken to
8cast doubt on longstanding prohibitions on the possession of
9firearms by felons and the mentally ill, or laws forbidding the
10carrying of firearms in sensitive places such as schools and
11government buildings . . ." The Supreme Court also noted in a
12footnote referencing this statement in the Heller decision
13that: "We identify these presumptively lawful regulatory
14measures only as examples; our list does not purport to be
15exhaustive." This recognition was reiterated by the U. S.
16Supreme Court in McDonald v. the City of Chicago, 561 U.S.
173025, 130 S.Ct. 3020 (2010), which incorporated the Second
18Amendment against state action. The Supreme Court again stated:
19"We made it clear in Heller that our holding did not cast doubt
20on such longstanding regulatory measures as "prohibitions on
21the possession of firearms by felons and the mentally ill,"
22"laws forbidding the carrying of firearms in sensitive places
23such as schools and government buildings . . . We repeat those
24assurances here." Further, the federal 7th Circuit Court of
25Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
26cited the "sensitive place" statement of the Supreme Court in



09800HB1155ham003- 3 -LRB098 08475 MRW 41601 a

1both the Heller and McDonald decisions and concluded: "That a
2legislature can forbid the carrying of firearms in schools and
3government buildings means that any right to possess a gun for
4self-defense outside the home is not absolute, and it is not
5absolute by the Supreme Court's own terms." Therefore, the
6General Assembly finds that the place or location set forth in
7subsection (a) of this Section is a sensitive place and the
8prohibition on the carrying of firearms will promote public
9safety in this sensitive place.".