Rep. Michael J. Zalewski

Filed: 2/25/2013

 

 


 

 


 
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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 15. Handgun carry licensing.
5    (a) For the purposes of this Act:
6     "Firearm" means any device, by whatever name known, which
7is designed to expel a projectile or projectiles by the action
8of an explosion, expansion of gas or escape of gas; excluding,
9however:
10        (1) any pneumatic gun, spring gun, paint ball gun, or
11    B-B gun which expels a single globular projectile not
12    exceeding .18 inch in diameter or which has a maximum
13    muzzle velocity of less than 700 feet per second;
14        (2) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels breakable paint balls containing
16    washable marking colors;
17        (3) any device used exclusively for signalling or

 

 

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1    safety and required or recommended by the United States
2    Coast Guard or the Interstate Commerce Commission;
3        (4) any device used exclusively for the firing of stud
4    cartridges, explosive rivets or similar industrial
5    ammunition; and
6        (5) an antique firearm (other than a machine-gun)
7    which, although designed as a weapon, the Department of
8    State Police finds by reason of the date of its
9    manufacture, value, design, and other characteristics is
10    primarily a collector's item and is not likely to be used
11    as a weapon.
12    "Handgun" means a firearm designed to be held and fired by
13the use of a single hand, and includes a combination of parts
14from which that type of firearm can be assembled.
15    "Proper cause" means a special need for self-protection
16distinguishable from that of the general community or of
17persons engaged in the same profession or occupation,
18including, but not limited to, obtained an order of protection
19against a person under Article 112A of the Code of Criminal
20Procedure of 1963, obtained a civil no contact order against a
21person under the Civil No Contact Order Act, provides
22officially documented domestic violence-related evidence of a
23threat of bodily harm to his or person by another, or provides
24officially documented domestic violence-related evidence of
25infliction of bodily harm to his or person by another.
26    (b) The Department of State Police may issue or renew a

 

 

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1handgun carry license to a resident of this State who has shown
2proper cause exists for issuance of the handgun carry license
3and he or she:
4        (1) is at least 21 years of age;
5        (2) has a valid Firearm Owner's Identification Card;
6        (3) is not prohibited under the Firearm Owners
7    Identification Card Act or federal law from possessing or
8    receiving a firearm;
9        (4) is not the subject of a pending arrest warrant,
10    prosecution, or proceeding for an offense or action that
11    will lead to disqualification under subparagraph (3) of
12    this subsection (b);
13        (5) does not chronically or habitually abuse alcoholic
14    beverages, which means that within the 5 years immediately
15    preceding the application the applicant:
16            (A) has been in residential or court-ordered
17        treatment for alcoholism or alcohol detoxification; or
18            (B) has one or more convictions or supervision
19        dispositions for driving while under the influence or
20        driving while intoxicated as defined in Section 11-501
21        of the Illinois Vehicle Code or similar law; and
22        (6) has completed firearms safety training and any
23    educational component required in this Act;
24        (7) has submitted a complete application and any other
25    documentation required in this Act; and
26        (8) has submitted the required fees.

 

 

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1    (c) The Department of State Police shall provide the
2sheriff of the county where the applicant resides with a copy
3of the applicant's handgun carry application within 3 days of
4receipt of the application. The sheriff may, within 14 days of
5receiving the application file an objection to the issuance of
6a handgun carry license to the applicant. The sheriff's
7objection must be in writing and state specific reasons for
8denial of the application. The Department of State Police may
9consider an objection to an application by the sheriff, if the
10objection and any reports submitted to the Department by the
11sheriff are disclosed to the applicant unless disclosure would
12interfere with a criminal investigation, or as determined by
13the Department, disclosure may threaten the safety or welfare
14of the sheriff. If the Department of State Police determines,
15based on the sheriff's objections, to deny the application, the
16Department shall notify the applicant and the sheriff in
17writing, stating the grounds for denial. The notice of denial
18must inform the applicant that he or she may, within 30 days,
19appeal the denial and submit additional materials and
20documentation relevant to the grounds for denial to the
21Department. Upon receiving the additional materials and
22documentation, the Department of State Police shall reconsider
23its decision and inform the applicant within 30 days of the
24result of the reconsideration. If upon reconsideration the
25Department denies the application, the applicant must be
26informed of the his or her right to administrative review of

 

 

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1the denial.
2    (d) A handgun carry licensee shall possess and carry the
3handgun carry license at all times the licensee carries a
4handgun, in the manner provided in this Act, except when he or
5she:
6        (1) is on his or her land or in his or her abode or
7    legal dwelling or in the abode or legal dwelling of another
8    person as an invitee with that person's permission;
9        (2) is otherwise authorized to carry a handgun or
10    firearm under Section 24-2 of the Criminal Code of 2012; or
11        (3) the handgun is broken down in a non-functioning
12    state, is not immediately accessible, or is enclosed in a
13    case, firearm carrying box, shipping box, or any other
14    container.
15    (e) Upon being stopped or detained by a peace officer, the
16licensee shall inform the officer that he or she is carrying a
17handgun under the provisions of this Act and provide the
18license to the officer. If requested by the officer, the
19licensee shall in a safe manner turn the handgun over to the
20officer for the remainder of the stop or detention.
21    (f) A handgun carry license does not authorize the carrying
22of any other non-handgun firearm.
23    (g) Handgun carry license exemption.
24        (1) This Section does not apply to or affect any of the
25    following:
26            (A) Peace officers, and any person summoned by a

 

 

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1        peace officer to assist in making arrests or preserving
2        the peace, while actually engaged in assisting the
3        officer.
4            (B) Wardens, superintendents and keepers of
5        prisons, penitentiaries, jails, and other institutions
6        for the detention of persons accused or convicted of an
7        offense, while in the performance of their official
8        duty, or while commuting between their homes and places
9        of employment.
10            (C) Members of the Armed Services or Reserve Forces
11        of the United States or the Illinois National Guard or
12        the Reserve Officers Training Corps, while in the
13        performance of their official duty.
14            (D) Special agents employed by a railroad or a
15        public utility to perform police functions, and guards
16        of armored car companies, while actually engaged in the
17        performance of the duties of their employment or
18        commuting between their homes and places of
19        employment; and watchmen while actually engaged in the
20        performance of the duties of their employment.
21            (E) Persons licensed as private security
22        contractors, private detectives, or private alarm
23        contractors, or employed by an agency certified by the
24        Department of Financial and Professional Regulation,
25        if their duties include the carrying of a weapon under
26        the provisions of the Private Detective, Private

 

 

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1        Alarm, Private Security, Fingerprint Vendor, and
2        Locksmith Act of 2004, while actually engaged in the
3        performance of the duties of their employment or
4        commuting between their homes and places of
5        employment, provided that the commuting is
6        accomplished within one hour from departure from home
7        or place of employment, as the case may be. A person
8        shall be considered eligible for this exemption if he
9        or she has completed the required 20 hours of training
10        for a private security contractor, private detective,
11        or private alarm contractor, or employee of a licensed
12        agency and 20 hours of required firearm training, and
13        has been issued a firearm control card by the
14        Department of Financial and Professional Regulation.
15        Conditions for the renewal of firearm control cards
16        issued under the provisions of this Section shall be
17        the same as for those cards issued under the provisions
18        of the Private Detective, Private Alarm, Private
19        Security, Fingerprint Vendor, and Locksmith Act of
20        2004. The firearm control card shall be carried by the
21        private security contractor, private detective, or
22        private alarm contractor, or employee of the licensed
23        agency at all times when he or she is in possession of
24        a concealable weapon.
25            (F) Any person regularly employed in a commercial
26        or industrial operation as a security guard for the

 

 

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

 

 

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1        possession of a concealable weapon.
2            (G) Agents and investigators of the Illinois
3        Legislative Investigating Commission authorized by the
4        Commission to carry the weapons specified in
5        subsections 24-1(a)(3) and 24-1(a)(4) of the Criminal
6        Code of 2012, while on duty in the course of any
7        investigation for the Commission.
8            (H) Persons employed by a financial institution
9        for the protection of other employees and property
10        related to that financial institution, while actually
11        engaged in the performance of their duties, commuting
12        between their homes and places of employment, or
13        traveling between sites or properties owned or
14        operated by the financial institution, provided the
15        person so employed has successfully completed a course
16        of study, approved by and supervised by the Department
17        of Financial and Professional Regulation, consisting
18        of not less than 40 hours of training which includes
19        theory of law enforcement, liability for acts, and the
20        handling of weapons. A person shall be considered to be
21        eligible for this exemption if he or she has completed
22        the required 20 hours of training for a security
23        officer and 20 hours of required firearm training, and
24        has been issued a firearm control card by the
25        Department of Financial and Professional Regulation.
26        Conditions for renewal of firearm control cards issued

 

 

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

 

 

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1        places of employment or specific locations that are
2        part of their assigned duties, with the consent of the
3        chief judge of the circuit for which they are employed.
4            (N) Court Security Officers while in the
5        performance of their official duties, or while
6        commuting between their homes and places of
7        employment, with the consent of the Sheriff.
8            (O) A person employed as an armed security guard at
9        a nuclear energy, storage, weapons, or development
10        site or facility regulated by the Nuclear Regulatory
11        Commission who has completed the background screening
12        and training mandated by the rules and regulations of
13        the Nuclear Regulatory Commission.
14            (P) Manufacture, transportation, or sale of
15        weapons to persons authorized under subparagraphs (A)
16        through (O) of this subsection to possess those
17        weapons.
18            (Q) Members of any club or organization organized
19        for the purpose of practicing shooting at targets upon
20        established target ranges, whether public or private,
21        and patrons of these ranges, while the members or
22        patrons are using their firearms on those target
23        ranges.
24            (R) Duly authorized military or civil
25        organizations while parading, with the special
26        permission of the Governor.

 

 

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1            (S) Hunters, trappers or fishermen with a license
2        or permit while engaged in hunting, trapping or
3        fishing.
4            (T) Transportation of weapons that are broken down
5        in a non-functioning state or are not immediately
6        accessible.
7            (U) Carrying or possessing any pistol, revolver,
8        or other firearm on the land or in the legal dwelling
9        of another person as an invitee with that person's
10        permission.
11            (V) Any parole agent or parole supervisor who meets
12        the qualifications and conditions prescribed in
13        Section 3-14-1.5 of the Unified Code of Corrections.
14            (W) An athlete's possession, transport on official
15        Olympic and Paralympic transit systems established for
16        athletes, or use of competition firearms sanctioned by
17        the International Olympic Committee, the International
18        Paralympic Committee, the International Shooting Sport
19        Federation, or USA Shooting in connection with this
20        athlete's training for and participation in shooting
21        competitions at the 2016 Olympic and Paralympic Games
22        and sanctioned test events leading up to the 2016
23        Olympic and Paralympic Games.
24        (2) An information or indictment based upon any
25    violation of this Act need not negative any exemptions
26    contained in this subsection. The defendant shall have the

 

 

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1    burden of proving that exemption.
2        (3) Nothing in this Section shall prohibit, apply to,
3    or affect the transportation, carrying, or possession, of
4    any pistol or revolver, or other firearm consigned to a
5    common carrier operating under license of this State or the
6    federal government, where the transportation, carrying, or
7    possession is incident to the lawful transportation in
8    which the common carrier is engaged; and nothing in this
9    Act shall prohibit, apply to, or affect the transportation,
10    carrying, or possession of any pistol, revolver, or other
11    firearm, not the subject of and regulated by subsection
12    24-1(a)(7) or subsection 24-2(c) of the Criminal Code of
13    2012, which is unloaded and enclosed in a case, firearm
14    carrying box, shipping box, or other container, by the
15    possessor of a valid Firearm Owner's Identification Card.
16    (h) The Department of State Police shall adopt rules
17necessary to implement the provisions of this Section.".