Rep. Barbara Flynn Currie

Filed: 2/25/2013

 

 


 

 


 
09800HB1155ham004LRB098 08475 MRW 41602 a

1
AMENDMENT TO HOUSE BILL 1155

2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 100. Firearm carry prohibition; State and local
5government.
6    (a) No person may knowingly carry a firearm into any
7building under the control of the State, General Assembly,
8General Assembly support service agency, including a building
9in which a committee of the General Assembly convenes for the
10purpose of conducting meetings of committees, joint
11committees, legislative commissions, and any property or
12parking lot area under control of the General Assembly that is
13adjacent to or near a prohibited building in this Section.
14    (b) No person may knowingly carry a firearm into any
15building owned or occupied by a governing body of a unit of
16local government, or any property or parking lot area adjacent
17to or near a local government building. For the purposes of

 

 

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1this Section, "unit of local government" means a county,
2municipality, township, special district, and unit, designated
3as a unit of local government by law, which exercises limited
4governmental powers or powers in respect to limited
5governmental subjects, but does not include a school district.
6    (c) No person may knowingly carry a firearm into any
7building under control of the Governor, Lieutenant Governor,
8Attorney General, Secretary of State, Comptroller, or
9Treasurer, and any property or parking lot area adjacent to or
10near a prohibited building in this Section.
11    (d) No person may knowingly carry a firearm into any
12police, sheriff, State Police, or firefighting office or
13station, or onto any adjacent property or parking lot areas
14under the control of a police, sheriff, State Police, or
15firefighting office or station, without the consent of the
16chief law enforcement officer or chief firefighting officer in
17charge of that office or station, unless employed by the
18police, sheriff, State Police, or firefighting office or
19station and authorized by the chief law enforcement officer or
20chief firefighting officer to carry a firearm.
21    (e) No person may knowingly carry a firearm into any adult
22or juvenile detention or correctional institution, prison, or
23jail, or onto any adjacent property or parking lot area under
24the control of an adult or juvenile detention or correctional
25institution, prison, or jail, unless employed there and
26otherwise authorized to carry a firearm.

 

 

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1    (f) No person may knowingly carry a firearm into any
2courthouse or part of a building that is occupied by the
3Circuit, Appellate, or Supreme Court, any room designated for
4court proceedings by any of these courts, and any property or
5parking lot area adjacent to or near courthouses and court
6buildings.
7    (g) The exemptions and provisions in subsections (a), (b),
8(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
9Criminal Code of 2012 apply to this Section.
10    (h) The United States Supreme Court in District of Columbia
11v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
12that the Second Amendment to the United States Constitution
13does not confer an unlimited right and that states may prohibit
14the carrying of firearms in sensitive places. The Supreme Court
15stated in the Heller decision: "Although we do not undertake an
16exhaustive historical analysis today of the full scope of the
17Second Amendment, nothing in our opinion should be taken to
18cast doubt on longstanding prohibitions on the possession of
19firearms by felons and the mentally ill, or laws forbidding the
20carrying of firearms in sensitive places such as schools and
21government buildings . . ." The Supreme Court also noted in a
22footnote referencing this statement in the Heller decision
23that: "We identify these presumptively lawful regulatory
24measures only as examples; our list does not purport to be
25exhaustive." This recognition was reiterated by the U. S.
26Supreme Court in McDonald v. the City of Chicago, 561 U.S.

 

 

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13025, 130 S.Ct. 3020 (2010), which incorporated the Second
2Amendment against state action. The Supreme Court again stated:
3"We made it clear in Heller that our holding did not cast doubt
4on such longstanding regulatory measures as "prohibitions on
5the possession of firearms by felons and the mentally ill,"
6"laws forbidding the carrying of firearms in sensitive places
7such as schools and government buildings . . . We repeat those
8assurances here." Further, the federal 7th Circuit Court of
9Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
10cited the "sensitive place" statement of the Supreme Court in
11both the Heller and McDonald decisions and concluded: "That a
12legislature can forbid the carrying of firearms in schools and
13government buildings means that any right to possess a gun for
14self-defense outside the home is not absolute, and it is not
15absolute by the Supreme Court's own terms." Therefore, the
16General Assembly finds that the places or locations set forth
17in this Section are sensitive places and the prohibition on the
18carrying of firearms will promote public safety in these
19sensitive places.".