Rep. Brandon W. Phelps

Filed: 2/25/2013

 

 


 

 


 
09800HB1155ham027LRB098 08475 JWD 41693 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 250-10. Definitions. As used in this Act:
5    "Concealed firearm" means a loaded or unloaded handgun
6carried on or about a person completely or mostly concealed
7from view of the public, or carried in a vehicle in such a way
8as it is concealed from view of the public.
9    "Department" means the Department of State Police.
10    "Director" means the Director of State Police.
11    "Fund" means the Citizen Safety and Self-Defense Trust
12Fund.
13    "Handgun" means any device which is designed to expel a
14projectile or projectiles by the action of an explosion,
15expansion of gas, or escape of gas that is designed to be held
16and fired by the use of a single hand, and includes a
17combination of parts from which that firearm can be assembled.

 

 

09800HB1155ham027- 2 -LRB098 08475 JWD 41693 a

1"Handgun" includes, but is not limited, to magazines,
2ammunition, laser sighting devices and other accessories
3intrinsic to a handgun carried for defensive purposes.
4"Handgun" does not include a stun gun or taser.
5    "License" means a license issued by the Department of State
6Police to carry a loaded or unloaded handgun.
7    "Licensee" means a person issued a license to carry a
8concealed firearm.
9    "Peace officer" means (i) any person who by virtue of his
10or her office or public employment is vested by law with a duty
11to maintain public order and to make arrests for offenses,
12whether that duty extends to all offenses or is limited to
13specific offenses, or (ii) any person who, by statute, is
14granted and authorized to exercise powers similar to those
15conferred upon any peace officer employed by a law enforcement
16agency of this State. The term "peace officer" does not apply
17to an alderman acting as a conservator of the peace under
18Section 3.1-15-25 of the Illinois Municipal Code.
 
19    Section 250-15. Citizen Safety and Self-Defense Trust
20Fund. Fees from applications for licenses shall be deposited
21into the Citizen Safety and Self-Defense Trust Fund, a special
22fund that is created in the State treasury. Moneys in the Fund
23may be invested and any income from investments shall be
24deposited into the Fund. Subject to appropriation, moneys in
25the Fund shall exclusively be used to assist the Department

 

 

09800HB1155ham027- 3 -LRB098 08475 JWD 41693 a

1with the administrative costs associated with this Act.
 
2    Section 250-20. Issuance of licenses to carry a concealed
3firearm.
4    (a) The Department shall issue a license to an applicant
5who (i) meets the qualifications of Section 250-25 or Section
6250-65; (ii) has provided the application and documentation
7required in Section 250-30; and (iii) has submitted the
8requisite fees. The Department shall issue a renewal,
9corrected, or duplicate license in accordance with this Act.
10    (a-5) The Department is authorized to issue licenses to
11carry a handgun under this Act. A license shall permit the
12licensee to:
13        (1) carry a loaded or unloaded handgun on or about his
14    or her person, concealed or otherwise;
15        (2) keep or carry a loaded or unloaded handgun on or
16    about his or her person when in a vehicle; and
17        (3) keep a loaded or unloaded handgun openly or
18    concealed in a vehicle.
19    (a-10) A licensee shall possess a license at all times the
20licensee carries a concealed firearm except (i) if the person
21is carrying or possessing a concealed firearm and the person is
22on his or her land, or in his or her abode or legal dwelling, or
23in the abode or legal dwelling of another person as an invitee
24with that person's permission; (ii) if the person is authorized
25to carry a firearm under Section 24-2 of the Criminal Code of

 

 

09800HB1155ham027- 4 -LRB098 08475 JWD 41693 a

12012; or (iii) the handgun is broken down in a non-functioning
2state, or is not immediately accessible, or is enclosed in a
3case, firearm carrying box, shipping box or any other
4container.
5    (a-15) A licensee shall display the license upon the
6request of a peace officer or person designated to enforce the
7provisions of Section 250-70 when carrying a handgun under the
8provisions of this Act.
9    (b) The Department shall make applications for a license
10available upon the effective date of this Act. Applications
11shall be available at Department locations, on the Department's
12official website, and any other location designated by the
13Department.
14    (c) A completed application for a license shall be
15submitted to the Department with all accompanying materials and
16fees. The Department shall promptly return an incomplete
17application to the applicant. Each applicant for a license
18shall submit an $80 application fee to the Department, $75 of
19which shall be deposited into State Police Firearm Services
20Fund for use in administering the Firearm Owners Identification
21Act and this Act, and $5 of which shall be used to ensure the
22reporting of individuals prohibited from owning or possessing
23firearms due to mental health disqualifiers to the Department
24by the Department of Human Services.
25    (d) The Department may consider an objection to an
26application, provided the objection is in writing, includes

 

 

09800HB1155ham027- 5 -LRB098 08475 JWD 41693 a

1specific reasons for the objection, and is submitted with the
2application by a municipal law enforcement agency or sheriff.
3Any objection submitted by a sheriff or a municipal law
4enforcement agency including reports submitted to the
5Department must be disclosed to the applicant unless disclosure
6would interfere with a criminal investigation. The Department
7shall maintain a database of applicants searchable by county
8that may be accessible by sheriffs for use in filing an
9objection under this subsection.
10    (e) Notwithstanding subsection (a), the Department may
11consider any objection or recommendation made by the sheriff or
12a municipal law enforcement agency that demonstrates the
13applicant is a danger to himself, herself, or others. Based
14upon those objections, if the applicant is found by the
15Department to be a danger to himself, herself, or others, the
16Department shall deny the application and notify the applicant
17and the sheriff or the municipal law enforcement agency in
18writing, stating the grounds for denial. The notice of denial
19must inform the applicant that he or she may, within 90 days
20for the first year after this Act takes effect and within 45
21days thereafter, appeal the denial and submit additional
22materials relevant to the grounds for denial. Upon receiving
23the additional documentation, the Department shall reconsider
24its decision and inform the applicant within 30 days of the
25result of the reconsideration. If upon reconsideration the
26Department denies the application, the applicant must be

 

 

09800HB1155ham027- 6 -LRB098 08475 JWD 41693 a

1informed of the right to administrative review.
2    (f) During an administrative or judicial review of a denial
3based on subsection (d) or (e) of this Section, the Department
4shall have the burden of proving by clear and convincing
5evidence that the applicant would pose a danger to the
6applicant's self, another, or public safety, or would use a
7firearm unlawfully, if granted a license to carry a concealed
8firearm under this Act.
9    (g) The license shall be issued by the Department within 30
10days of receipt of a completed application. A license shall be
11valid throughout the State for a period of 5 years. If the
12Department does not act on the application within the time
13period provided in subsection (e), the applicant may file, in
14the circuit court of the judicial circuit in which the
15applicant resides, a complaint for mandamus to compel a
16decision on the application. If the applicant prevails, he or
17she shall be entitled to all costs, fees, and damages. If the
18court decides that the reason for the denial was arbitrary,
19capricious, malicious, or without merit, the court shall award
20punitive damages.
21    (h) Any Illinois resident who has a license or permit to
22carry a handgun issued by another state shall be able to carry
23a handgun in accordance with this Act using that license for
24365 days following the effective date of this Act.
25    (i) The Department shall adopt rules to implement the
26provisions of this Section.
 

 

 

09800HB1155ham027- 7 -LRB098 08475 JWD 41693 a

1    Section 250-25. Qualifications of an applicant for a
2license. The Department shall issue a license to an applicant
3completing an application in accordance with Section 250-30 of
4this Act if the person:
5        (a) is at least 21 years of age;
6        (b) has a valid Firearm Owner's Identification Card or,
7    if applying for a non-resident license, has a notarized
8    document stating that the applicant is eligible under
9    federal law and the laws of his or her home state to
10    possess a firearm;
11        (c) is not prohibited under the Firearm Owners
12    Identification Card Act or federal law from possessing or
13    receiving a firearm;
14        (d) is not the subject of a pending arrest warrant,
15    prosecution, or proceeding for an offense or action that
16    could lead to disqualification under subsection (c);
17        (e) does not chronically or habitually abuse alcoholic
18    beverages, as evidenced by either of the following within
19    the 3 years immediately preceding the application:
20            (1) residential or court-ordered treatment for
21        alcoholism or alcohol detoxification; or
22            (2) 2 or more convictions for driving while under
23        the influence or driving while intoxicated; and
24        (f) has completed firearms training and any
25    educational component required in Section 250-85 of this

 

 

09800HB1155ham027- 8 -LRB098 08475 JWD 41693 a

1    Act.
 
2    Section 250-30. Contents of application.
3    (a) The application shall be in writing, under oath and
4penalty of perjury, on a standard form adopted by the
5Department and shall be accompanied by the documentation
6required in this Section and all applicable fees.
7    (b) The application shall contain the following
8information:
9        (1) the applicant's name, current address, gender,
10    date and year of birth, place of birth, height, weight,
11    hair color, eye color, maiden name or any other name the
12    applicant has used or identified with, and any address at
13    which the applicant resided for more than 30 days within
14    the 5 years preceding the date of the application;
15        (2) the applicant's drivers license or state
16    identification card number and the last 4 digits of the
17    applicant's social security number;
18        (3) questions to certify or demonstrate the applicant
19    has completed firearms training and any educational
20    component required in Section 250-85 of this Act;
21        (4) a statement that the applicant is a resident of the
22    State of Illinois, except persons applying under Section
23    250-65 shall be instructed to submit the information
24    required in that Section;
25        (5) a waiver of privacy and confidentiality rights and

 

 

09800HB1155ham027- 9 -LRB098 08475 JWD 41693 a

1    privileges enjoyed by the applicant under State and federal
2    law sufficient to obtain access to juvenile court, criminal
3    justice, psychological, or psychiatric records, or records
4    relating to the applicant's history, if any, of
5    institutionalization or inpatient treatment for alcoholism
6    or alcohol detoxification, as well as an affirmative
7    request that any person having custody of those records
8    provide copies of them or information concerning them to
9    the Department for the sole purpose of making a
10    determination of an applicant's eligibility under Section
11    250-25;
12        (6) a conspicuous warning that false statements made by
13    the applicant will result in prosecution for perjury in
14    accordance with Section 32-2 of the Criminal Code of 2012;
15        (7) an affirmation that the applicant either possesses
16    a currently valid Illinois Firearm Owner's Identification
17    Card, in which case the application shall include the card
18    number, or is applying for the card in conjunction with the
19    application for a license, except persons applying under
20    Section 250-65 shall be instructed to submit a copy of a
21    valid license to carry a handgun issued by their home
22    state, if applicable, or submit a notarized document
23    stating the applicant is eligible under the laws of his or
24    her home state to possess a handgun;
25        (8) an affirmation that the applicant meets the
26    requirements of Section 250-25 and is not prohibited under

 

 

09800HB1155ham027- 10 -LRB098 08475 JWD 41693 a

1    the Firearm Owners Identification Card Act or federal law
2    from possessing a firearm; and
3        (9) an affirmation that the applicant has read and
4    understands Article 7 of the Criminal Code of 2012
5    (Justifiable Use of Force; Exoneration).
6    (c) A person applying for a license shall provide a head
7and shoulder color photograph in a size specified by the
8Department that was taken within the 30 days preceding the date
9of the application. The applicant shall consent to the
10Department reviewing and using the applicant's digital
11driver's license or Illinois Identification Card photograph
12and signature, if available. The Secretary of State shall allow
13the Department access to the photograph and signature for the
14purpose of identifying the applicant and issuing the applicant
15a license.
16    (d) The Department may request a person applying for a
17license to submit a full set of legible fingerprints if
18necessary to determine the person's identity. Fingerprinting
19may be administered by the Department or any other federal,
20State, county, or municipal law enforcement agency or private
21vendor or company. The cost of fingerprinting shall be paid by
22the applicant, provided that the Department or law enforcement
23agency may charge no more than $15 for a single set of
24fingerprints. Each applicant for a license that the Department
25requests to have his or her fingerprints submitted to the
26Department shall submit them in an electronic format that

 

 

09800HB1155ham027- 11 -LRB098 08475 JWD 41693 a

1complies with the form and manner for requesting and furnishing
2criminal history record information as prescribed by the
3Department. These fingerprints shall be checked against the
4Department and the Federal Bureau of Investigation criminal
5history record databases. The Department of shall charge
6applicants a fee for conducting the criminal history records
7check, which shall be deposited in the State Police Services
8Fund and shall not exceed the actual cost of the criminal
9history records check.
10    (e) A person applying for a license shall submit a
11photocopy of a certificate or other evidence of completion of a
12course to show compliance with Section 250-85 of this Act.
13    (f) The Department is authorized to establish a system for
14electronically submitting applications, including applications
15for renewal or a replacement license.
 
16    Section 250-35. Database of applicants and licensees. Not
17more than one year after the effective date of this Act:
18     (a) The Department shall maintain a database of applicants
19for a license and licenses. The database shall be available to
20all Illinois law enforcement agencies, State's Attorneys, and
21the Attorney General. Members and staff of the judiciary may
22access the database for the purpose of determining whether to
23confiscate a license or to ensure compliance with this Act or
24any other law. The database shall be searchable and provide all
25information included in the application, a photo of the

 

 

09800HB1155ham027- 12 -LRB098 08475 JWD 41693 a

1applicant or licensee, and any information related to
2violations of this Act.
3    (a-5) Individual law enforcement agencies or any other
4entity of local government shall not maintain any separate
5records, lists, or searchable databases of applicants and
6licensees containing information included in the Department's
7database. Any law enforcement agency or other entity that
8violates this Section shall be liable for all costs, fees, and
9damages of not less than $5,000 per record or name kept in
10violation of this Section.
11    (b) The Department shall make available on its website and
12upon request under the Freedom of Information Act statistical
13information about the number of licenses issued by county, age,
14race, or gender. The report shall be updated monthly. Except as
15provided in this subsection, applications and information in
16the database shall be confidential and exempt from disclosure
17under the Freedom of Information Act. The Department may answer
18requests to confirm or deny whether a person has been issued a
19license as part of inquiries dealing with a criminal
20investigation. Individual law enforcement agencies, State's
21Attorneys, the Attorney General, members of the judiciary, and
22judicial staff shall sign a confidentiality agreement,
23prepared by the Department, prior to receiving access to the
24database. No law enforcement agency, State's Attorney, the
25Attorney General, or member or staff of the judiciary, other
26than the Department, shall provide any information to a

 

 

09800HB1155ham027- 13 -LRB098 08475 JWD 41693 a

1requester not entitled to it by law, except as required or
2necessary for the conduct of a criminal investigation.
 
3    Section 250-40. Suspension or revocation of a license.
4    (a) A license issued or renewed under this Act shall be
5revoked if, at any time, the licensee is found ineligible for a
6license based on the criteria set forth in Section 250-25 of
7this Act or the licensee no longer possesses a Firearm Owner's
8Identification Card or a non-resident licensee if his or her
9home state has revoked a license to carry a firearm. A license
10shall not be revoked unless the revocation is for reasons
11specifically authorized by this Act. This subsection shall not
12apply to a person who has filed an application with the State
13Police for renewal of a Firearm Owner's Identification Card and
14who is not otherwise ineligible to obtain a Firearm Owner's
15Identification Card.
16    (b) A license shall be suspended if an order of protection
17under Section 112A-14 of the Code of Criminal Procedure of 1963
18or under Section 214 of the Illinois Domestic Violence Act of
191986 is issued against a licensee. The license shall be
20suspended for the duration of the order or until the order is
21terminated by a court and the Department shall not reissue or
22renew a license for the duration of the order or until the
23order is terminated. If an order of protection is issued
24against a licensee, the licensee shall surrender the license,
25as applicable, to the court at the time the order is entered or

 

 

09800HB1155ham027- 14 -LRB098 08475 JWD 41693 a

1to the law enforcement agency or entity designated to serve
2process at the time the licensee is served the order. The
3court, law enforcement agency, or entity responsible for
4serving the order shall transmit the license to the Department.
5    (c) The Department may suspend a license for a violation of
6Section 250-70 of this Act in accordance with subsection (i) of
7Section 250-70.
8    (d) A license shall be invalid upon expiration of the
9license, unless the licensee has submitted an application to
10renew the license. A person who fails to renew his or her
11license within 6 months after its expiration must reapply for a
12new license and pay the fee for a new application.
13    (e) The Department may suspend a license for up to 90 days
14if a licensee fails to submit a change of address or name or
15fails to report a lost or destroyed license to the Department
16within 60 days of the discovery of the loss or destruction of
17the license.
 
18    Section 250-45. Renewal of license.
19    (a) Not later than 120 days before the expiration of any
20license issued under this Act, the Department shall notify the
21licensee in writing of the expiration and furnish an
22application for renewal of the license or make the application
23available on-line.
24    (b) Applications for renewal of a license shall be made to
25the Department. A license shall be renewed for a period of 5

 

 

09800HB1155ham027- 15 -LRB098 08475 JWD 41693 a

1years upon receipt of a completed renewal application and a $25
2renewal fee. An applicant for a renewal shall submit, on a form
3prescribed by the Department, proof that the applicant has: (i)
4participated in at least one shooting competition with a
5handgun within 6 months of the application for renewal and
6attested to by any instructor qualified under this Act; or (ii)
7completed an equivalent range exercise as prescribed in Section
8250-85 and attested to by any instructor qualified under this
9Act. The Department shall make the range recertification form
10available on its website or as part of a renewal application.
 
11    Section 250-50. Change of address, change of name, or lost
12or destroyed licenses.
13    (a) The licensee shall notify the Department within 60 days
14of: (i) moving or changing a residence or any change of name;
15or (ii) the discovery of the loss or destruction of a license.
16    (b) If a licensee changes residence within this State or
17changes his or her name, the licensee shall request a new
18license. The licensee shall submit a $25 fee, a notarized
19statement that the licensee has changed residence or his or her
20name, and a photograph as required in Section 250-30 of this
21Act. The statement must include the prior and current address
22or name and the date the applicant moved or changed his or her
23name.
24    (c) A lost or destroyed license shall be invalid. To
25request a new license, the licensee shall submit (i) a $25 fee,

 

 

09800HB1155ham027- 16 -LRB098 08475 JWD 41693 a

1(ii) a notarized statement that the licensee no longer
2possesses the license and that it was lost or destroyed, or
3(iii) a copy of a police report stating that the license was
4lost, destroyed, or stolen, and (iv) a photograph as required
5in Section 250-30 of this Act.
 
6    Section 250-65. Non-resident applications and reciprocity.
7    (a) A person from another state or territory of the United
8States may apply for a non-resident license. The applicant
9shall apply to the Department and must meet the qualifications
10established in Section 250-25. The applicant shall submit:
11        (1) the application and documentation required in
12    Section 250-30;
13        (2) a notarized document stating the applicant:
14            (A) is eligible under federal law and the laws of
15        his or her home state to possess a firearm;
16            (B) if applicable, has a license or permit to carry
17        a firearm or concealed firearm issued by his or her
18        home state and that a copy is attached to the
19        application;
20            (C) is familiar with Illinois laws pertaining to
21        the possession and transport of firearms; and
22            (D) acknowledges that the applicant is subject to
23        the jurisdiction of the Department and Illinois courts
24        for any violation of this Act; and
25        (3) a $25 application fee.

 

 

09800HB1155ham027- 17 -LRB098 08475 JWD 41693 a

1    In lieu of an Illinois State driver's license or
2identification card, the person shall provide similar
3documentation from his or her state or territory; a
4non-resident shall not be required to have a Firearm Owner's
5Identification Card.
6    (b)(1) Notwithstanding subsection (a) a nonresident of
7Illinois may carry a handgun in accordance with this Act if the
8nonresident:
9        (A) is 21 years of age or older;
10        (B) has in his or her immediate possession a valid
11    license that authorizes the individual to carry a concealed
12    firearm issued to him or her by his or her home state; and
13        (C) is a legal resident of the United States.
14    The Department shall recognize any other state's license or
15permit whose requirements to obtain a license or permit is
16substantially similar to those requirements contained in
17Section 250-85. When required by another state, the Department
18shall enter into a reciprocal agreement with that state. Those
19states with substantially similar laws include, but are not
20limited to: Arizona, California, Florida, Iowa, Kentucky,
21Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee,
22Texas, and Wisconsin.
23    (2) A nonresident is subject to the same laws and
24restrictions with respect to carrying a handgun as a resident
25of Illinois who is licensed under this Act.
26    (3) If the resident of another state who is the holder of a

 

 

09800HB1155ham027- 18 -LRB098 08475 JWD 41693 a

1valid license to carry a concealed weapon or concealed firearm
2issued in another state establishes legal residence in this
3State the license shall remain in effect for 90 days following
4the date on which the holder of the license establishes legal
5residence in this State. For the purposes of this paragraph,
6the person may establish legal residence in this State by: (A)
7registering to vote; or (B) obtaining an Illinois driver's
8license or state identification card; or (C) filing for
9homestead tax exemption on property in this State.
 
10    Section 250-70. Restrictions.
11    (a) No license issued under this Act shall authorize any
12person to knowingly carry a concealed firearm into:
13        (1) Any building under control of the General Assembly
14    or any of its support service agencies, including the
15    portion of a building in which a committee of the General
16    Assembly convenes for the purpose of conducting meetings of
17    committees, joint committees, or legislative commissions;
18    except that nothing in this Section shall prevent a member
19    of the General Assembly from allowing licensees to carry a
20    firearm into his or her district office.
21        (2) Any courthouse or part of that building that is
22    occupied by the Circuit, Appellate, or Supreme Court, or a
23    room designated for court proceedings by any of these
24    courts, except as provided in subsection (a-5).
25        (3) Any meeting of the governing body of a unit of

 

 

09800HB1155ham027- 19 -LRB098 08475 JWD 41693 a

1    local government or special district.
2        (4) Any establishment licensed to dispense alcoholic
3    beverages for consumption on the premises if less than 50%
4    of its annual gross income comes from the sale of food.
5        (5) Any secure area of an airport to which access is
6    controlled by the inspection of persons and property.
7        (6) Any place where the carrying of a firearm is
8    prohibited by federal law.
9        (7) Any elementary or secondary school building
10    without the consent of school authorities. School
11    authorities shall inform the appropriate law enforcement
12    agency and any law enforcement personnel on site of that
13    consent.
14        (8) Any portion of a building used as a child care
15    facility without the consent of the owner or manager.
16    Nothing in this Section shall prevent the operator of a
17    child care facility in a family home from owning or
18    possessing a firearm or license.
19        (9) Any casino licensed under the Riverboat Gambling
20    Act. This shall not apply to any place of business that is
21    not a casino licensed for video gaming.
22        (10) Any gated area of an amusement park.
23        (11) Any stadium, arena, or collegiate or professional
24    sporting event.
25        (12) A residential mental health facility.
26        (13) Any community college, college, or university

 

 

09800HB1155ham027- 20 -LRB098 08475 JWD 41693 a

1    building without consent of the school authorities. School
2    authorities shall inform the appropriate law enforcement
3    agency and any law enforcement personnel on site of that
4    consent. A community college, college, or university may
5    prohibit the carrying of a firearm on its campus.
6        (14) A public library building without the written
7    consent of the library's governing body. The governing body
8    shall inform the appropriate law enforcement agency of that
9    consent.
10        (15) Any police, sheriff, or State Police office or
11    station without the consent of the chief law enforcement
12    officer in charge of that office or station.
13        (16) Any adult or juvenile detention or correctional
14    institution, prison, or jail.
15    (a-5) Judges, State's Attorneys and assistant State's
16Attorneys with the permission of the State's Attorney, who
17possess a valid license under this Act may possess a firearm in
18any courthouse in which they are employed, but shall be
19required to follow any rules applicable to sworn peace officers
20to maintain facility security.
21    (b) A municipality, county, or school district may prohibit
22or limit licensees from carrying a firearm into or within any
23building or portion of any building owned, leased, or
24controlled by the municipality, county, or school district by a
25majority vote of the members of its legislative body or
26governing board. The resolution, ordinance, or policy shall not

 

 

09800HB1155ham027- 21 -LRB098 08475 JWD 41693 a

1prohibit a licensee from carrying a concealed firearm into or
2within any building used for public housing; into or within any
3publicly-accessible restroom or rest stop; into, within, or on
4any bridge, tunnel, overpass, underpass, elevated walkway, or
5other structure used as a public right of way; or into or
6within any publicly-accessible parking facility. The
7resolution, ordinance, or policy shall not prohibit a licensee
8from carrying a concealed firearm in a public transportation
9facility or while accessing the services of a public
10transportation agency, including while traveling via public
11transportation. For purposes of this Section, "public
12transportation agency" means a public or private agency, or any
13combination thereof, that provides for the transportation or
14conveyance of persons by means available to the general public,
15except taxicabs, livery cabs, or limousines. Violators of the
16resolution or ordinance may be removed from the premises and
17assessed a civil fine of up to $100.
18    (c) The owner of a business or commercial lessee, or a
19private business enterprise, or any other private
20organization, entity, or person, may prohibit licensees from
21carrying a concealed firearm on the premises under its control.
22However, a private landlord of a residential or commercial
23property shall not prohibit any lessee from possessing or
24carrying a firearm in accordance with this Act in or on the
25leased premises or during ingress or egress of the leased
26premises. The owner, business or commercial lessee, or manager

 

 

09800HB1155ham027- 22 -LRB098 08475 JWD 41693 a

1of a private business enterprise or any other private
2organization, entity, or person who allows the carrying of a
3firearm by a licensee shall not be liable for any act of the
4licensee that arises out of the licensee carrying a firearm.
5    (c-1) The Governor, Lieutenant Governor, Attorney General,
6Secretary of State, Comptroller, or Treasurer may prohibit
7licensees from carrying a handgun in buildings under their
8control.
9    (d) Any person licensed under this Act who is prohibited
10from carrying a concealed firearm into a building by the
11provisions of subsection (a) or under an ordinance, resolution,
12or policy adopted in accordance with subsection (b) or (c)
13shall be permitted to store that firearm or ammunition out of
14plain sight in his or her locked vehicle or in a locked
15compartment or container within or securely affixed to the
16outside of the vehicle. A licensee shall not be in violation of
17this Section while he or she is traversing a public right of
18way that touches or crosses any of the premises specified in
19subsection (a) or from which firearms are prohibited under the
20provisions of subsection (b) or (c), provided that the firearm
21is carried on his or her person or in a vehicle in accordance
22with this Act or is being transported in a case or container in
23accordance with applicable law. A licensee shall not be in
24violation of subsection (b) or (c) if the responsible party for
25the premises fails to conspicuously post notice of the
26prohibition at all public entrances to the building in

 

 

09800HB1155ham027- 23 -LRB098 08475 JWD 41693 a

1accordance with subsection (g).
2    (e) If a law enforcement officer initiates an investigative
3stop, including but not limited to a traffic stop, of a
4licensee who is carrying a concealed firearm under the
5provisions of this Act, the licensee shall disclose as soon as
6reasonably possible to the officer that he or she is in
7possession of a concealed firearm under this Act. Disclosure
8may be accomplished by oral notification or by providing or
9displaying the license to carry a concealed firearm to the
10officer. Any firearm that is removed from a licensee during an
11investigative stop shall be returned immediately to the
12licensee in its original condition upon conclusion of the stop
13unless the licensee is placed under arrest.
14    (f) A licensee shall not carry a handgun under the
15provisions of this Act while under the influence of illegal
16drugs or hallucinogenic drugs or alcohol. For the purposes of
17this subsection (f), under the influence of alcohol means a
18blood alcohol content of .08 or greater.
19    (g) Signs stating that the carrying of a firearm is
20prohibited shall be clearly and conspicuously posted at every
21entrance of a building or premises specified in subsection (a)
22or designated in accordance with subsection (b) or (c). Signs
23shall be of a uniform size and design, not smaller than 8
24inches by 10 inches as prescribed by the Department. The
25Department shall adopt rules for standardized signs to be used
26under this subsection.

 

 

09800HB1155ham027- 24 -LRB098 08475 JWD 41693 a

1    (h) A violation of subsection (a), (b), (c), (d), or (f),
2shall not be a criminal offense, but the licensee may be denied
3access to or removed from the premises by management,
4administration, or an authorized agent of the facility. If the
5licensee refuses to obey these requests, law enforcement may be
6summoned and the licensee may be cited for a petty offense and
7fined not more than $100 plus costs for the first offense. If a
8second violation occurs within 6 months of the first, the fine
9may be up to $200 plus costs and the license to carry a handgun
10may be suspended for 30 days. If a third violation occurs
11within a year of the first offense, the fine may be up to $500
12plus costs and the license may be suspended for 6 months. If a
13licensee has more than 5 violations in 2 years for the above
14offenses, the Department may revoke the license to carry a
15handgun and the licensee shall not be eligible to receive
16another license for a period of 3 years after the last
17violation. After the revocation period expires, the licensee
18shall file a new application with new documentation as
19prescribed in Section 250-30 or Section 250-65 in order to
20receive a new license.
21    (i) A violation of subsection (e) is a petty offense; the
22licensee may be fined up to $200 plus costs plus a $50 fee to be
23deposited in the Citizen Safety and Self-Defense Fund. A second
24violation of subsection (e) may carry a fine of up to $500 plus
25costs and $50 fee and suspension of the license for up to 6
26months. A licensee with 3 or more violations of subsection (e)

 

 

09800HB1155ham027- 25 -LRB098 08475 JWD 41693 a

1within 2 years may have his or her license revoked for up to 3
2years. After the revocation period expires, the licensee shall
3file a new application with new documentation as prescribed in
4Section 250-30 or Section 250-65 in order to receive a new
5license.
 
6    Section 250-75. Immunity, employees, and agents. The
7office of the county sheriff, or any employee or agent of the
8county sheriff, or the Department of State Police shall not be
9liable for damages in any civil action arising from alleged
10wrongful or improper granting, renewing, or failure to revoke
11licenses issued under this Act, except for willful or wanton
12misconduct. The office of the county sheriff and any employees
13or agents shall not be liable for submitting specific or
14articulable reasons why an applicant should be denied a
15license, unless the objection contains false, malicious, or
16inaccurate information and the objection constituted willful
17and wanton misconduct. Any owner, business or commercial
18lessee, landlord, manager of a private business enterprise,
19employer, or any other organization, entity, person, public or
20private college, university, or post-secondary educational
21institution that does not prohibit licensees from carrying
22firearms on property it owns or occupies is immune from any
23liability arising from its decision.
 
24    Section 250-80. Fees.

 

 

09800HB1155ham027- 26 -LRB098 08475 JWD 41693 a

1    (a) Fees collected under this Act by the Department and
2deposited into the Citizen Safety and Self-Defense Trust Fund
3shall be appropriated for administration of this Act.
4    (b) Fees shall be:
5    New license: $80.
6    Renewal of license: $25.
7    Duplicate license due to lost or destroyed: $15.
8    Corrected license due to change of address or name: $15.
9    (c) By March 1 of each year, the Department shall submit a
10statistical report to the Governor, the President of the
11Senate, and the Speaker of the House of Representatives
12indicating the number of licenses issued, revoked, suspended,
13denied, and issued after appeal since the last report and in
14total and also the number of licenses currently valid. The
15report shall also include the number of arrests and convictions
16and the types of crimes committed by licensees since the last
17report.
18    (d) The Secretary of State shall conduct a study to
19determine the cost and feasibility of creating a method of
20adding an identifiable code, background, or other means to show
21that an individual has been issued a license by the Department
22on the person's driver's license or State-issued
23identification card.
 
24    Section 250-85. Applicant training.
25    (a) Applicants shall provide proof of completion of at

 

 

09800HB1155ham027- 27 -LRB098 08475 JWD 41693 a

1least one of the following courses:
2        (1) National Rifle Association Basic Personal
3    Protection In The Home Course.
4        (2) National Rifle Association Basics of Personal
5    Protection Outside The Home Course.
6        (3) National Rifle Association Basic Pistol Shooting
7    Course.
8        (4) Any other firearms training course of at least 6
9    hours that covers the following:
10            (A) handgun safety in the classroom, at home, on
11        the firing range, and while carrying the firearm;
12            (B) the basic principles of marksmanship;
13            (C) care and cleaning of handguns;
14            (D) laws relating to the justifiable use of force.
15    (b) Applicants shall provide proof of certification by a
16certified instructor that the applicant passed a live fire
17exercise with a handgun consisting of:
18        (1) a minimum of 30 rounds; and
19        (2) 10 rounds from a distance of 5 yards, 10 rounds
20    from a distance of 7 yards, and 10 rounds from a distance
21    of 10 yards at a B-27 silhouette or equivalent target as
22    approved by the Department.
23    (b-5) Students may provide their own safe, functional
24handgun. The qualification shall be performed with
25factory-loaded ammunition.
26    (b-6) Grades of "passing" shall not be given on range work

 

 

09800HB1155ham027- 28 -LRB098 08475 JWD 41693 a

1to an applicant who:
2        (1) does not follow the orders of the certified
3    firearms instructor;
4        (2) in the judgment of the certified firearms
5    instructor, handles a firearm in a manner that poses a
6    danger to the applicant or to others; or
7        (3) during the testing portion of the range work fails
8    to hit the silhouette portion of the target with 70% of the
9    30 rounds fired.
10    (c) The classroom portion of the course may, at the
11qualified firearms instructor's discretion, be divided into
12segments of not less than 2 hours each.
13    (d) Instructors shall maintain all records for students'
14performance for not less than 5 years.
15    (e) Certified firearms instructors shall:
16        (1) allow monitoring of their classes by officials of
17    any certifying agency;
18        (2) make all course records available upon demand to
19    authorized personnel of the Department; and
20        (3) not divulge course records except as authorized by
21    the certifying agency.
22    (f) Fees for applicant training courses shall be set by the
23instructor.
24    (g) An applicant training course shall not have more than
2540 students in the classroom portion nor more than 5 students
26per range officer engaged in range firing.

 

 

09800HB1155ham027- 29 -LRB098 08475 JWD 41693 a

1    (h) Persons with the following training or certifications
2are exempt from the requirements of subsection (a) of this
3Section:
4        (1) An National Rifle Association certified
5    instructor.
6        (2) An individual who has qualified to carry a firearm
7    as a retired law enforcement officer.
8        (3) Any active, retired, or honorably discharged
9    member of the armed forces.
10        (4) An individual certified as a law enforcement
11    instructor by the Illinois Law Enforcement Training
12    Standards Board or other equivalent agency.
 
13    Section 250-90. Firearms instructors training.
14    (a) Not later than 30 days after the effective date of this
15Act, the Department shall establish a registry of instructors
16who are eligible to teach courses or sign off on range
17qualifications, or both, to meet the requirements of Section
18250-85 of this Act.
19    (b) Instructors who are eligible to teach courses and
20certify range qualifications shall have one of the following
21valid firearms instructor certifications:
22        (1) National Rifle Association Personal Protection
23    Instructor;
24        (2) National Rifle Association Basic Pistol
25    Instructor;

 

 

09800HB1155ham027- 30 -LRB098 08475 JWD 41693 a

1        (3) National Rifle Association Law Enforcement Firearm
2    Instructor with a certification for handguns;
3        (4) Certification from a firearms instructor's course
4    offered by a State or federal governmental agency; or
5        (5) A similar firearms instructor qualifying course
6    approved by the Illinois Law Enforcement Training
7    Standards Board.
8    (c) Instructors who are eligible to teach courses and
9certify range qualifications shall be at least 21 years of age
10and possess at least a high school diploma or GED certificate.
11    (d) An applicant may have his or her instructor
12qualification revoked if the applicant:
13        (1) does not meet the requirements of this Act to
14    possess a concealed firearms permit;
15        (2) provides false or misleading information to the
16    Board; or
17        (3) has had a prior instructor qualification revoked by
18    the Board or other certifying organization.
 
19    Section 250-95. Home Rule Preemption. The regulation and
20licensing of firearms, including their possession, carrying,
21transportation, or the issuance of licenses to carry concealed
22firearms, is an exclusive power and function of the State.
23Except as provided in subsection (b) of Section 250-70, a home
24rule unit shall not regulate the possession, carrying, or
25transportation of firearms, their components or accessories,

 

 

09800HB1155ham027- 31 -LRB098 08475 JWD 41693 a

1or ammunition. A home rule unit shall not require registration
2of firearms, regulate the number of firearms, or make any other
3requirements or regulations of a person licensed under this
4Act. This Section is a limitation under subsection (i) of
5Section 6 of Article VII of the Illinois Constitution on the
6exercise by home rule units of powers and functions exercised
7by the State. Any unit of local government that violates this
8Section shall be liable for all costs, fees, and damages to
9anyone impacted by any rule or ordinance.
 
10    Section 250-100. Expedited appeal. A judgment of a circuit
11court declaring this Act or any part of this Act
12unconstitutional or unenforceable is appealable directly to
13the Supreme Court. The notice of appeal shall be filed within
1430 days after the judgment of the circuit court declaring this
15Act or any part of this Act unconstitutional or unenforceable.
16The manner of appeal shall be as provided in Supreme Court
17Rules.
 
18    Section 250-105. Severability. The provisions of this Act
19are severable under Section 1.31 of the Statute on Statutes.
 
20    Section 255-5. The Freedom of Information Act is amended by
21changing Section 7.5 as follows:
 
22    (5 ILCS 140/7.5)

 

 

09800HB1155ham027- 32 -LRB098 08475 JWD 41693 a

1    Sec. 7.5. Statutory Exemptions. To the extent provided for
2by the statutes referenced below, the following shall be exempt
3from inspection and copying:
4    (a) All information determined to be confidential under
5Section 4002 of the Technology Advancement and Development Act.
6    (b) Library circulation and order records identifying
7library users with specific materials under the Library Records
8Confidentiality Act.
9    (c) Applications, related documents, and medical records
10received by the Experimental Organ Transplantation Procedures
11Board and any and all documents or other records prepared by
12the Experimental Organ Transplantation Procedures Board or its
13staff relating to applications it has received.
14    (d) Information and records held by the Department of
15Public Health and its authorized representatives relating to
16known or suspected cases of sexually transmissible disease or
17any information the disclosure of which is restricted under the
18Illinois Sexually Transmissible Disease Control Act.
19    (e) Information the disclosure of which is exempted under
20Section 30 of the Radon Industry Licensing Act.
21    (f) Firm performance evaluations under Section 55 of the
22Architectural, Engineering, and Land Surveying Qualifications
23Based Selection Act.
24    (g) Information the disclosure of which is restricted and
25exempted under Section 50 of the Illinois Prepaid Tuition Act.
26    (h) Information the disclosure of which is exempted under

 

 

09800HB1155ham027- 33 -LRB098 08475 JWD 41693 a

1the State Officials and Employees Ethics Act, and records of
2any lawfully created State or local inspector general's office
3that would be exempt if created or obtained by an Executive
4Inspector General's office under that Act.
5    (i) Information contained in a local emergency energy plan
6submitted to a municipality in accordance with a local
7emergency energy plan ordinance that is adopted under Section
811-21.5-5 of the Illinois Municipal Code.
9    (j) Information and data concerning the distribution of
10surcharge moneys collected and remitted by wireless carriers
11under the Wireless Emergency Telephone Safety Act.
12    (k) Law enforcement officer identification information or
13driver identification information compiled by a law
14enforcement agency or the Department of Transportation under
15Section 11-212 of the Illinois Vehicle Code.
16    (l) Records and information provided to a residential
17health care facility resident sexual assault and death review
18team or the Executive Council under the Abuse Prevention Review
19Team Act.
20    (m) Information provided to the predatory lending database
21created pursuant to Article 3 of the Residential Real Property
22Disclosure Act, except to the extent authorized under that
23Article.
24    (n) Defense budgets and petitions for certification of
25compensation and expenses for court appointed trial counsel as
26provided under Sections 10 and 15 of the Capital Crimes

 

 

09800HB1155ham027- 34 -LRB098 08475 JWD 41693 a

1Litigation Act. This subsection (n) shall apply until the
2conclusion of the trial of the case, even if the prosecution
3chooses not to pursue the death penalty prior to trial or
4sentencing.
5    (o) Information that is prohibited from being disclosed
6under Section 4 of the Illinois Health and Hazardous Substances
7Registry Act.
8    (p) Security portions of system safety program plans,
9investigation reports, surveys, schedules, lists, data, or
10information compiled, collected, or prepared by or for the
11Regional Transportation Authority under Section 2.11 of the
12Regional Transportation Authority Act or the St. Clair County
13Transit District under the Bi-State Transit Safety Act.
14    (q) Information prohibited from being disclosed by the
15Personnel Records Review Act.
16    (r) Information prohibited from being disclosed by the
17Illinois School Student Records Act.
18    (s) Information the disclosure of which is restricted under
19Section 5-108 of the Public Utilities Act.
20    (t) All identified or deidentified health information in
21the form of health data or medical records contained in, stored
22in, submitted to, transferred by, or released from the Illinois
23Health Information Exchange, and identified or deidentified
24health information in the form of health data and medical
25records of the Illinois Health Information Exchange in the
26possession of the Illinois Health Information Exchange

 

 

09800HB1155ham027- 35 -LRB098 08475 JWD 41693 a

1Authority due to its administration of the Illinois Health
2Information Exchange. The terms "identified" and
3"deidentified" shall be given the same meaning as in the Health
4Insurance Accountability and Portability Act of 1996, Public
5Law 104-191, or any subsequent amendments thereto, and any
6regulations promulgated thereunder.
7    (u) Records and information provided to an independent team
8of experts under Brian's Law.
9    (v) Names and information of people who have applied for or
10received Firearm Owner's Identification Cards under the
11Firearm Owners Identification Card Act.
12    (w) Personally identifiable information which is exempted
13from disclosure under subsection (g) of Section 19.1 of the
14Toll Highway Act.
15    (x) Information which is exempted from disclosure under
16Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
17Illinois Municipal Code.
18    (y) Information maintained by the Department of State
19Police in accordance with subsection (a) of Section 250-35 of
20the Family and Personal Protection Act, except as authorized by
21that Act.
22(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
2396-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
248-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
25eff. 1-1-13.)
 

 

 

09800HB1155ham027- 36 -LRB098 08475 JWD 41693 a

1    Section 255-10. The Department of State Police Law of the
2Civil Administrative Code of Illinois is amended changing
3Sections 2605-45 and 2605-300 and by adding Section 2605-595 as
4follows:
 
5    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
6    Sec. 2605-45. Division of Administration. The Division of
7Administration shall exercise the following functions:
8        (1) Exercise the rights, powers, and duties vested in
9    the Department by the Governor's Office of Management and
10    Budget Act.
11        (2) Pursue research and the publication of studies
12    pertaining to local law enforcement activities.
13        (3) Exercise the rights, powers, and duties vested in
14    the Department by the Personnel Code.
15        (4) Operate an electronic data processing and computer
16    center for the storage and retrieval of data pertaining to
17    criminal activity.
18        (5) Exercise the rights, powers, and duties vested in
19    the former Division of State Troopers by Section 17 of the
20    State Police Act.
21        (6) Exercise the rights, powers, and duties vested in
22    the Department by "An Act relating to internal auditing in
23    State government", approved August 11, 1967 (repealed; now
24    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
25        (6.5) Exercise the rights, powers, and duties vested in

 

 

09800HB1155ham027- 37 -LRB098 08475 JWD 41693 a

1    the Department by the Firearm Owners Identification Card
2    Act.
3        (6.10) Exercise the rights, powers, and duties vested
4    in the Department by the Family and Personal Protection
5    Act.
6        (7) Exercise other duties that may be assigned by the
7    Director to fulfill the responsibilities and achieve the
8    purposes of the Department.
9(Source: P.A. 94-793, eff. 5-19-06.)
 
10    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
11    Sec. 2605-300. Records; crime laboratories; personnel. To
12do the following:
13        (1) Be a central repository and custodian of criminal
14    statistics for the State.
15        (2) Be a central repository for criminal history record
16    information.
17        (3) Procure and file for record information that is
18    necessary and helpful to plan programs of crime prevention,
19    law enforcement, and criminal justice.
20        (4) Procure and file for record copies of fingerprints
21    that may be required by law.
22        (5) Establish general and field crime laboratories.
23        (6) Register and file for record information that may
24    be required by law for the issuance of firearm owner's
25    identification cards under the Firearm Owners

 

 

09800HB1155ham027- 38 -LRB098 08475 JWD 41693 a

1    Identification Card Act and concealed carry licenses under
2    the Family and Personal Protection Act.
3        (7) Employ polygraph operators, laboratory
4    technicians, and other specially qualified persons to aid
5    in the identification of criminal activity.
6        (8) Undertake other identification, information,
7    laboratory, statistical, or registration activities that
8    may be required by law.
9(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
10eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
11eff. 8-14-98; 91-239, eff. 1-1-00.)
 
12    (20 ILCS 2605/2605-595 new)
13    Sec. 2605-595. State Police Firearm Services Fund.
14    (a) There is created in the State treasury a special fund
15known as the State Police Firearm Services Fund. The Fund shall
16receive revenue as provided under Section 5 of the Firearm
17Owners Identification Card Act, and under the Family and
18Personal Protection Act. The Fund may also receive revenue from
19grants, pass-through grants, donations, appropriations, and
20any other legal source.
21    (b) The Department of State Police may use moneys in the
22Fund to finance any of its lawful purposes, mandates,
23functions, and duties under the Firearm Owners Identification
24Card Act or the Family and Personal Protection Act, including
25the cost of sending notices of expiration of Firearm Owner's

 

 

09800HB1155ham027- 39 -LRB098 08475 JWD 41693 a

1Identification Cards and concealed carry licenses, the prompt
2and efficient processing of applications under the Firearm
3Owners Identification Card Act and the Family and Personal
4Protection Act, and support for investigations required under
5these Acts.
6    (c) Investment income that is attributable to the
7investment of moneys in the Fund shall be retained in the Fund
8for the uses specified in this Section.
9    (d) The State Police Firearm Services Fund shall not be
10subject to fund sweeps or administrative chargebacks.
 
11    Section 255-15. The State Police Act is amended by adding
12Section 25 as follows:
 
13    (20 ILCS 2610/25 new)
14    Sec. 25. Emergency procurement authorized. In order to
15comply with recent court rulings regarding concealed carry in
16Illinois, the provisions of this amendatory Act of the 98th
17General Assembly, together with any procurements necessary for
18the implementation of the Family and Personal Protection Act,
19shall be eligible for emergency procurement for a period not
20more than 180 days after the effective date of this amendatory
21Act.
 
22    Section 255-20. The State Finance Act is amended by adding
23Sections 5.826 and 5.827 as follows:
 

 

 

09800HB1155ham027- 40 -LRB098 08475 JWD 41693 a

1    (30 ILCS 105/5.826 new)
2    Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.
 
3    (30 ILCS 105/5.827 new)
4    Sec. 5.827. The State Police Firearm Services Fund.
 
5    (30 ILCS 105/5.206 rep.)
6    Section 255-25. The State Finance Act is amended by
7repealing Section 5.206.
 
8    Section 255-30. The Firearm Owners Identification Card Act
9is amended by changing Section 5 and by adding Section 5.1 as
10follows:
 
11    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
12    Sec. 5. The Department of State Police shall either approve
13or deny all applications within 30 days from the date they are
14received, and every applicant found qualified pursuant to
15Section 8 of this Act by the Department shall be entitled to a
16Firearm Owner's Identification Card upon the payment of a $10
17fee. Any applicant who is an active duty member of the Armed
18Forces of the United States, a member of the Illinois National
19Guard, or a member of the Reserve Forces of the United States
20is exempt from the application fee. $6 of each fee derived from
21the issuance of Firearm Owner's Identification Cards, or

 

 

09800HB1155ham027- 41 -LRB098 08475 JWD 41693 a

1renewals thereof, shall be deposited in the Wildlife and Fish
2Fund in the State Treasury; $1 of such fee shall be deposited
3in the State Police Services Fund and $3 of such fee shall be
4deposited in the State Police Firearm Services Fund Firearm
5Owner's Notification Fund. Monies in the State Police Firearm
6Services Fund Firearm Owner's Notification Fund shall be used
7exclusively to pay for the cost of sending notices of
8expiration of Firearm Owner's Identification Cards under
9Section 13.2 of this Act, and the purposes specified in Section
102605-595 of the Department of State Police Law of the Civil
11Administrative Code of Illinois. Excess monies in the Firearm
12Owner's Notification Fund shall be used to ensure the prompt
13and efficient processing of applications received under
14Section 4 of this Act.
15(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
 
16    (430 ILCS 65/5.1 new)
17    Sec. 5.1. State Police Firearm Services Fund. All moneys
18remaining in the Firearm Owner's Notification Fund on the
19effective date of this amendatory Act of the 98th General
20Assembly shall be transferred into the State Police Firearm
21Services Fund, a special fund created in the State treasury, to
22be expended by the Department of State Police, for the purposes
23specified in Section 5.
 
24    Section 255-35. The Criminal Code of 2012 is amended by

 

 

09800HB1155ham027- 42 -LRB098 08475 JWD 41693 a

1changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
 
2    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
3    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
4    (a) Whoever possesses or stores any weapon enumerated in
5Section 33A-1 in any building or on land supported in whole or
6in part with public funds or in any building on such land
7without prior written permission from the chief security
8officer for that such land or building commits a Class A
9misdemeanor.
10    (b) The chief security officer must grant any reasonable
11request for permission under paragraph (a).
12    (c) This Section shall not apply to a person acting
13lawfully under the Family and Personal Protection Act.
14    (d) Subsection (a) shall not apply to any tenant or
15resident of any public housing.
16(Source: P.A. 89-685, eff. 6-1-97.)
 
17    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
18    Sec. 24-1. Unlawful Use of Weapons.
19    (a) A person commits the offense of unlawful use of weapons
20when he knowingly:
21        (1) Sells, manufactures, purchases, possesses or
22    carries any bludgeon, black-jack, slung-shot, sand-club,
23    sand-bag, metal knuckles or other knuckle weapon
24    regardless of its composition, throwing star, or any knife,

 

 

09800HB1155ham027- 43 -LRB098 08475 JWD 41693 a

1    commonly referred to as a switchblade knife, which has a
2    blade that opens automatically by hand pressure applied to
3    a button, spring or other device in the handle of the
4    knife, or a ballistic knife, which is a device that propels
5    a knifelike blade as a projectile by means of a coil
6    spring, elastic material or compressed gas; or
7        (2) Carries or possesses with intent to use the same
8    unlawfully against another, a dagger, dirk, billy,
9    dangerous knife, razor, stiletto, broken bottle or other
10    piece of glass, stun gun or taser or any other dangerous or
11    deadly weapon or instrument of like character; or
12        (3) Carries on or about his person or in any vehicle, a
13    tear gas gun projector or bomb or any object containing
14    noxious liquid gas or substance, other than an object
15    containing a non-lethal noxious liquid gas or substance
16    designed solely for personal defense carried by a person 18
17    years of age or older; or
18        (4) Carries or possesses in any vehicle or concealed on
19    or about his person except when on his land or in his own
20    abode, legal dwelling, or fixed place of business, or on
21    the land or in the legal dwelling of another person as an
22    invitee with that person's permission, any pistol,
23    revolver, stun gun or taser or other firearm, except that
24    this subsection (a) (4) does not apply to or affect
25    transportation of weapons that meet one of the following
26    conditions:

 

 

09800HB1155ham027- 44 -LRB098 08475 JWD 41693 a

1            (i) are broken down in a non-functioning state; or
2            (ii) are not immediately accessible; or
3            (iii) are unloaded and enclosed in a case, firearm
4        carrying box, shipping box, or other container by a
5        person who is not otherwise prohibited from owning or
6        possessing a firearm under State or federal law has
7        been issued a currently valid Firearm Owner's
8        Identification Card; or
9        (5) Sets a spring gun; or
10        (6) Possesses any device or attachment of any kind
11    designed, used or intended for use in silencing the report
12    of any firearm; or
13        (7) Sells, manufactures, purchases, possesses or
14    carries:
15            (i) a machine gun, which shall be defined for the
16        purposes of this subsection as any weapon, which
17        shoots, is designed to shoot, or can be readily
18        restored to shoot, automatically more than one shot
19        without manually reloading by a single function of the
20        trigger, including the frame or receiver of any such
21        weapon, or sells, manufactures, purchases, possesses,
22        or carries any combination of parts designed or
23        intended for use in converting any weapon into a
24        machine gun, or any combination or parts from which a
25        machine gun can be assembled if such parts are in the
26        possession or under the control of a person;

 

 

09800HB1155ham027- 45 -LRB098 08475 JWD 41693 a

1            (ii) any rifle having one or more barrels less than
2        16 inches in length or a shotgun having one or more
3        barrels less than 18 inches in length or any weapon
4        made from a rifle or shotgun, whether by alteration,
5        modification, or otherwise, if such a weapon as
6        modified has an overall length of less than 26 inches;
7        or
8            (iii) any bomb, bomb-shell, grenade, bottle or
9        other container containing an explosive substance of
10        over one-quarter ounce for like purposes, such as, but
11        not limited to, black powder bombs and Molotov
12        cocktails or artillery projectiles; or
13        (8) Carries or possesses any firearm, stun gun or taser
14    or other deadly weapon in any place which is licensed to
15    sell intoxicating beverages for consumption on the
16    premises , or at any public gathering held pursuant to a
17    license issued by any governmental body or any public
18    gathering at which an admission is charged, excluding a
19    place where a showing, demonstration or lecture involving
20    the exhibition of unloaded firearms is conducted.
21        This subsection (a)(8) does not apply to any auction or
22    raffle of a firearm held pursuant to a license or permit
23    issued by a governmental body, nor does it apply to persons
24    engaged in firearm safety training courses or acting in
25    accordance with the Family and Personal Protection Act; or
26        (9) Carries or possesses in a vehicle or on or about

 

 

09800HB1155ham027- 46 -LRB098 08475 JWD 41693 a

1    his person any pistol, revolver, stun gun or taser or
2    firearm or ballistic knife, when he is hooded, robed or
3    masked in such manner as to conceal his identity; or
4        (10) Carries or possesses on or about his person, upon
5    any public street, alley, or other public lands within the
6    corporate limits of a city, village or incorporated town,
7    except when an invitee thereon or therein, for the purpose
8    of the display of such weapon or the lawful commerce in
9    weapons, or except when on his land or in his own abode,
10    legal dwelling, or fixed place of business, or on the land
11    or in the legal dwelling of another person as an invitee
12    with that person's permission, any pistol, revolver, stun
13    gun or taser or other firearm, except that this subsection
14    (a) (10) does not apply to or affect transportation of
15    weapons that meet one of the following conditions:
16            (i) are broken down in a non-functioning state; or
17            (ii) are not immediately accessible; or
18            (iii) are unloaded and enclosed in a case, firearm
19        carrying box, shipping box, or other container by a
20        person who is not otherwise prohibited from owning or
21        possessing a firearm under State or federal law has
22        been issued a currently valid Firearm Owner's
23        Identification Card.
24        A "stun gun or taser", as used in this paragraph (a)
25    means (i) any device which is powered by electrical
26    charging units, such as, batteries, and which fires one or

 

 

09800HB1155ham027- 47 -LRB098 08475 JWD 41693 a

1    several barbs attached to a length of wire and which, upon
2    hitting a human, can send out a current capable of
3    disrupting the person's nervous system in such a manner as
4    to render him incapable of normal functioning or (ii) any
5    device which is powered by electrical charging units, such
6    as batteries, and which, upon contact with a human or
7    clothing worn by a human, can send out current capable of
8    disrupting the person's nervous system in such a manner as
9    to render him incapable of normal functioning; or
10        (11) Sells, manufactures or purchases any explosive
11    bullet. For purposes of this paragraph (a) "explosive
12    bullet" means the projectile portion of an ammunition
13    cartridge which contains or carries an explosive charge
14    which will explode upon contact with the flesh of a human
15    or an animal. "Cartridge" means a tubular metal case having
16    a projectile affixed at the front thereof and a cap or
17    primer at the rear end thereof, with the propellant
18    contained in such tube between the projectile and the cap;
19    or
20        (12) (Blank); or
21        (13) Carries or possesses on or about his or her person
22    while in a building occupied by a unit of government, a
23    billy club, other weapon of like character, or other
24    instrument of like character intended for use as a weapon.
25    For the purposes of this Section, "billy club" means a
26    short stick or club commonly carried by police officers

 

 

09800HB1155ham027- 48 -LRB098 08475 JWD 41693 a

1    which is either telescopic or constructed of a solid piece
2    of wood or other man-made material.
3    (b) Sentence. A person convicted of a violation of
4subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
6Class A misdemeanor. A person convicted of a violation
7subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible
8to obtain a license under the Family and Personal Protection
9Act except for the completion of Section 250-85 of the Act is
10guilty of a Class C misdemeanor. A person convicted of a
11violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
12Class 4 felony; a person convicted of a violation of subsection
1324-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
14A person convicted of a violation of subsection 24-1(a)(7)(i)
15commits a Class 2 felony and shall be sentenced to a term of
16imprisonment of not less than 3 years and not more than 7
17years, unless the weapon is possessed in the passenger
18compartment of a motor vehicle as defined in Section 1-146 of
19the Illinois Vehicle Code, or on the person, while the weapon
20is loaded, in which case it shall be a Class X felony. A person
21convicted of a second or subsequent violation of subsection
2224-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
23Class 3 felony. The possession of each weapon in violation of
24this Section constitutes a single and separate violation.
25    (c) Violations in specific places.
26        (1) A person who violates subsection 24-1(a)(6) or

 

 

09800HB1155ham027- 49 -LRB098 08475 JWD 41693 a

1    24-1(a)(7) in any school, regardless of the time of day or
2    the time of year, in residential property owned, operated
3    or managed by a public housing agency or leased by a public
4    housing agency as part of a scattered site or mixed-income
5    development, in a public park, in a courthouse, on the real
6    property comprising any school, regardless of the time of
7    day or the time of year, on residential property owned,
8    operated or managed by a public housing agency or leased by
9    a public housing agency as part of a scattered site or
10    mixed-income development, on the real property comprising
11    any public park, on the real property comprising any
12    courthouse, in any conveyance owned, leased or contracted
13    by a school to transport students to or from school or a
14    school related activity, in any conveyance owned, leased,
15    or contracted by a public transportation agency, or on any
16    public way within 1,000 feet of the real property
17    comprising any school, public park, courthouse, public
18    transportation facility, or residential property owned,
19    operated, or managed by a public housing agency or leased
20    by a public housing agency as part of a scattered site or
21    mixed-income development commits a Class 2 felony and shall
22    be sentenced to a term of imprisonment of not less than 3
23    years and not more than 7 years.
24        (1.5) A person who violates subsection 24-1(a)(4),
25    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
26    time of day or the time of year, in residential property

 

 

09800HB1155ham027- 50 -LRB098 08475 JWD 41693 a

1    owned, operated, or managed by a public housing agency or
2    leased by a public housing agency as part of a scattered
3    site or mixed-income development, in a public park, in a
4    courthouse, on the real property comprising any school,
5    regardless of the time of day or the time of year, on
6    residential property owned, operated, or managed by a
7    public housing agency or leased by a public housing agency
8    as part of a scattered site or mixed-income development, on
9    the real property comprising any public park, on the real
10    property comprising any courthouse, in any conveyance
11    owned, leased, or contracted by a school to transport
12    students to or from school or a school related activity, in
13    any conveyance owned, leased, or contracted by a public
14    transportation agency, or on any public way within 1,000
15    feet of the real property comprising any school, public
16    park, courthouse, public transportation facility, or
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development
20    commits a Class 3 felony.
21        (2) A person who violates subsection 24-1(a)(1),
22    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
23    time of day or the time of year, in residential property
24    owned, operated or managed by a public housing agency or
25    leased by a public housing agency as part of a scattered
26    site or mixed-income development, in a public park, in a

 

 

09800HB1155ham027- 51 -LRB098 08475 JWD 41693 a

1    courthouse, on the real property comprising any school,
2    regardless of the time of day or the time of year, on
3    residential property owned, operated or managed by a public
4    housing agency or leased by a public housing agency as part
5    of a scattered site or mixed-income development, on the
6    real property comprising any public park, on the real
7    property comprising any courthouse, in any conveyance
8    owned, leased or contracted by a school to transport
9    students to or from school or a school related activity, in
10    any conveyance owned, leased, or contracted by a public
11    transportation agency, or on any public way within 1,000
12    feet of the real property comprising any school, public
13    park, courthouse, public transportation facility, or
14    residential property owned, operated, or managed by a
15    public housing agency or leased by a public housing agency
16    as part of a scattered site or mixed-income development
17    commits a Class 4 felony. "Courthouse" means any building
18    that is used by the Circuit, Appellate, or Supreme Court of
19    this State for the conduct of official business.
20        (3) Paragraphs (1), (1.5), and (2) of this subsection
21    (c) shall not apply to law enforcement officers or security
22    officers of such school, college, or university or to
23    students carrying or possessing firearms for use in
24    training courses, parades, hunting, target shooting on
25    school ranges, or otherwise with the consent of school
26    authorities and which firearms are transported unloaded

 

 

09800HB1155ham027- 52 -LRB098 08475 JWD 41693 a

1    enclosed in a suitable case, box, or transportation
2    package.
3        (4) For the purposes of this subsection (c), "school"
4    means any public or private elementary or secondary school,
5    community college, college, or university.
6        (5) For the purposes of this subsection (c), "public
7    transportation agency" means a public or private agency
8    that provides for the transportation or conveyance of
9    persons by means available to the general public, except
10    for transportation by automobiles not used for conveyance
11    of the general public as passengers; and "public
12    transportation facility" means a terminal or other place
13    where one may obtain public transportation.
14    (d) The presence in an automobile other than a public
15omnibus of any weapon, instrument or substance referred to in
16subsection (a)(7) is prima facie evidence that it is in the
17possession of, and is being carried by, all persons occupying
18such automobile at the time such weapon, instrument or
19substance is found, except under the following circumstances:
20(i) if such weapon, instrument or instrumentality is found upon
21the person of one of the occupants therein; or (ii) if such
22weapon, instrument or substance is found in an automobile
23operated for hire by a duly licensed driver in the due, lawful
24and proper pursuit of his trade, then such presumption shall
25not apply to the driver.
26    (e) Exemptions. Crossbows, Common or Compound bows and

 

 

09800HB1155ham027- 53 -LRB098 08475 JWD 41693 a

1Underwater Spearguns are exempted from the definition of
2ballistic knife as defined in paragraph (1) of subsection (a)
3of this Section.
4(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
595-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
696-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
7    (720 ILCS 5/24-1.6)
8    Sec. 24-1.6. Aggravated unlawful use of a weapon.
9    (a) A person commits the offense of aggravated unlawful use
10of a weapon when he or she knowingly:
11        (1) Carries on or about his or her person or in any
12    vehicle or concealed on or about his or her person except
13    when on his or her land or in his or her abode, legal
14    dwelling, or fixed place of business, or on the land or in
15    the legal dwelling of another person as an invitee with
16    that person's permission, any pistol, revolver, stun gun or
17    taser or other firearm; or
18        (2) Carries or possesses on or about his or her person,
19    upon any public street, alley, or other public lands within
20    the corporate limits of a city, village or incorporated
21    town, except when an invitee thereon or therein, for the
22    purpose of the display of such weapon or the lawful
23    commerce in weapons, or except when on his or her own land
24    or in his or her own abode, legal dwelling, or fixed place
25    of business, or on the land or in the legal dwelling of

 

 

09800HB1155ham027- 54 -LRB098 08475 JWD 41693 a

1    another person as an invitee with that person's permission,
2    any pistol, revolver, stun gun or taser or other firearm;
3    and
4        (3) One of the following factors is present:
5            (A) the firearm possessed was uncased, loaded and
6        immediately accessible at the time of the offense; or
7            (B) the firearm possessed was uncased, unloaded
8        and the ammunition for the weapon was immediately
9        accessible at the time of the offense; or
10            (C) the person possessing the firearm has not been
11        issued a currently valid Firearm Owner's
12        Identification Card; or
13            (D) the person possessing the weapon was
14        previously adjudicated a delinquent minor under the
15        Juvenile Court Act of 1987 for an act that if committed
16        by an adult would be a felony; or
17            (E) the person possessing the weapon was engaged in
18        a misdemeanor violation of the Cannabis Control Act, in
19        a misdemeanor violation of the Illinois Controlled
20        Substances Act, or in a misdemeanor violation of the
21        Methamphetamine Control and Community Protection Act;
22        or
23            (F) (blank); or
24            (G) the person possessing the weapon had a order of
25        protection issued against him or her within the
26        previous 2 years; or

 

 

09800HB1155ham027- 55 -LRB098 08475 JWD 41693 a

1            (H) the person possessing the weapon was engaged in
2        the commission or attempted commission of a
3        misdemeanor involving the use or threat of violence
4        against the person or property of another; or
5            (I) the person possessing the weapon was under 21
6        years of age and in possession of a handgun as defined
7        in Section 24-3, unless the person under 21 is engaged
8        in lawful activities under the Wildlife Code or
9        described in subsection 24-2(b)(1), (b)(3), or
10        24-2(f).
11    (b) "Stun gun or taser" as used in this Section has the
12same definition given to it in Section 24-1 of this Code.
13    (c) This Section does not apply to or affect the
14transportation or possession of weapons that:
15            (i) are broken down in a non-functioning state; or
16            (ii) are not immediately accessible; or
17            (iii) are unloaded and enclosed in a case, firearm
18        carrying box, shipping box, or other container by a
19        person who is not prohibited from owning or possessing
20        a firearm under State or federal law by a person who
21        has been issued a currently valid Firearm Owner's
22        Identification Card.
23    (d) Sentence.
24         (1) Aggravated unlawful use of a weapon is a Class 4
25    felony; a second or subsequent offense is a Class 2 felony
26    for which the person shall be sentenced to a term of

 

 

09800HB1155ham027- 56 -LRB098 08475 JWD 41693 a

1    imprisonment of not less than 3 years and not more than 7
2    years.
3        (2) Except as otherwise provided in paragraphs (3) and
4    (4) of this subsection (d), a first offense of aggravated
5    unlawful use of a weapon committed with a firearm by a
6    person 18 years of age or older where the factors listed in
7    both items (A) and (C) of paragraph (3) of subsection (a)
8    are present is a Class 4 felony, for which the person shall
9    be sentenced to a term of imprisonment of not less than one
10    year and not more than 3 years.
11        (3) Aggravated unlawful use of a weapon by a person who
12    has been previously convicted of a felony in this State or
13    another jurisdiction is a Class 2 felony for which the
14    person shall be sentenced to a term of imprisonment of not
15    less than 3 years and not more than 7 years.
16        (4) Aggravated unlawful use of a weapon while wearing
17    or in possession of body armor as defined in Section 33F-1
18    by a person who has not been issued a valid Firearms
19    Owner's Identification Card in accordance with Section 5 of
20    the Firearm Owners Identification Card Act is a Class X
21    felony.
22    (e) The possession of each firearm in violation of this
23Section constitutes a single and separate violation.
24(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
2596-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 

 

 

09800HB1155ham027- 57 -LRB098 08475 JWD 41693 a

1    (720 ILCS 5/24-2)
2    Sec. 24-2. Exemptions.
3    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6        (1) Peace officers, and any person summoned by a peace
7    officer to assist in making arrests or preserving the
8    peace, while actually engaged in assisting such officer.
9        (2) Wardens, superintendents and keepers of prisons,
10    penitentiaries, jails and other institutions for the
11    detention of persons accused or convicted of an offense,
12    while in the performance of their official duty, or while
13    commuting between their homes and places of employment.
14        (3) Members of the Armed Services or Reserve Forces of
15    the United States or the Illinois National Guard or the
16    Reserve Officers Training Corps, while in the performance
17    of their official duty.
18        (4) Special agents employed by a railroad or a public
19    utility to perform police functions, and guards of armored
20    car companies, while actually engaged in the performance of
21    the duties of their employment or commuting between their
22    homes and places of employment; and watchmen while actually
23    engaged in the performance of the duties of their
24    employment.
25        (5) Persons licensed as private security contractors,
26    private detectives, or private alarm contractors, or

 

 

09800HB1155ham027- 58 -LRB098 08475 JWD 41693 a

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

 

 

09800HB1155ham027- 59 -LRB098 08475 JWD 41693 a

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

 

 

09800HB1155ham027- 60 -LRB098 08475 JWD 41693 a

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

 

 

09800HB1155ham027- 61 -LRB098 08475 JWD 41693 a

1    Detective, Private Alarm, Private Security, Fingerprint
2    Vendor, and Locksmith Act of 2004. Such firearm control
3    card shall be carried by the person so trained at all times
4    when such person is in possession of a concealable weapon.
5    For purposes of this subsection, "financial institution"
6    means a bank, savings and loan association, credit union or
7    company providing armored car services.
8        (9) Any person employed by an armored car company to
9    drive an armored car, while actually engaged in the
10    performance of his duties.
11        (10) Persons who have been classified as peace officers
12    pursuant to the Peace Officer Fire Investigation Act.
13        (11) Investigators of the Office of the State's
14    Attorneys Appellate Prosecutor authorized by the board of
15    governors of the Office of the State's Attorneys Appellate
16    Prosecutor to carry weapons pursuant to Section 7.06 of the
17    State's Attorneys Appellate Prosecutor's Act.
18        (12) Special investigators appointed by a State's
19    Attorney under Section 3-9005 of the Counties Code.
20        (12.5) Probation officers while in the performance of
21    their duties, or while commuting between their homes,
22    places of employment or specific locations that are part of
23    their assigned duties, with the consent of the chief judge
24    of the circuit for which they are employed.
25        (13) Court Security Officers while in the performance
26    of their official duties, or while commuting between their

 

 

09800HB1155ham027- 62 -LRB098 08475 JWD 41693 a

1    homes and places of employment, with the consent of the
2    Sheriff.
3        (13.5) A person employed as an armed security guard at
4    a nuclear energy, storage, weapons or development site or
5    facility regulated by the Nuclear Regulatory Commission
6    who has completed the background screening and training
7    mandated by the rules and regulations of the Nuclear
8    Regulatory Commission.
9        (14) Manufacture, transportation, or sale of weapons
10    to persons authorized under subdivisions (1) through
11    (13.5) of this subsection to possess those weapons.
12    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 do not apply to or affect any of the following:
14        (1) Members of any club or organization organized for
15    the purpose of practicing shooting at targets upon
16    established target ranges, whether public or private, and
17    patrons of such ranges, while such members or patrons are
18    using their firearms on those target ranges.
19        (2) Duly authorized military or civil organizations
20    while parading, with the special permission of the
21    Governor.
22        (3) Hunters, trappers or fishermen with a license or
23    permit while engaged in hunting, trapping or fishing.
24        (4) Transportation of weapons that are broken down in a
25    non-functioning state or are not immediately accessible.
26        (5) Carrying or possessing any pistol, revolver, stun

 

 

09800HB1155ham027- 63 -LRB098 08475 JWD 41693 a

1    gun or taser or other firearm on the land or in the legal
2    dwelling of another person as an invitee with that person's
3    permission.
4        (6) A licensee under the Family and Personal Protection
5    Act, notwithstanding Section 250-70 of that Act, if the
6    licensee meets the requirements of the Family and Personal
7    Protection Act.
8    (c) Subsection 24-1(a)(7) does not apply to or affect any
9of the following:
10        (1) Peace officers while in performance of their
11    official duties.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense.
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard, while in
17    the performance of their official duty.
18        (4) Manufacture, transportation, or sale of machine
19    guns to persons authorized under subdivisions (1) through
20    (3) of this subsection to possess machine guns, if the
21    machine guns are broken down in a non-functioning state or
22    are not immediately accessible.
23        (5) Persons licensed under federal law to manufacture
24    any weapon from which 8 or more shots or bullets can be
25    discharged by a single function of the firing device, or
26    ammunition for such weapons, and actually engaged in the

 

 

09800HB1155ham027- 64 -LRB098 08475 JWD 41693 a

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

 

 

09800HB1155ham027- 65 -LRB098 08475 JWD 41693 a

1    contractor or subcontractor who is operating within the
2    scope of his employment, where such activities involving
3    such weapon, weapons or ammunition are necessary and
4    incident to fulfilling the terms of such contract.
5        During transportation, any such weapon shall be broken
6    down in a non-functioning state, or not immediately
7    accessible.
8        (7) A person possessing a rifle with a barrel or
9    barrels less than 16 inches in length if: (A) the person
10    has been issued a Curios and Relics license from the U.S.
11    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
12    the person is an active member of a bona fide, nationally
13    recognized military re-enacting group and the modification
14    is required and necessary to accurately portray the weapon
15    for historical re-enactment purposes; the re-enactor is in
16    possession of a valid and current re-enacting group
17    membership credential; and the overall length of the weapon
18    as modified is not less than 26 inches.
19        During transportation, any such weapon shall be broken
20    down in a non-functioning state, or not immediately
21    accessible.
22    (d) Subsection 24-1(a)(1) does not apply to the purchase,
23possession or carrying of a black-jack or slung-shot by a peace
24officer.
25    (e) Subsection 24-1(a)(8) does not apply to any owner,
26manager or authorized employee of any place specified in that

 

 

09800HB1155ham027- 66 -LRB098 08475 JWD 41693 a

1subsection nor to any law enforcement officer or a licensee
2under the Family and Personal Protection Act, notwithstanding
3Section 250-70 of that Act.
4    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
5Section 24-1.6 do not apply to members of any club or
6organization organized for the purpose of practicing shooting
7at targets upon established target ranges, whether public or
8private, while using their firearms on those target ranges.
9    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
10to:
11        (1) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard, while in
13    the performance of their official duty.
14        (2) Bonafide collectors of antique or surplus military
15    ordinance.
16        (3) Laboratories having a department of forensic
17    ballistics, or specializing in the development of
18    ammunition or explosive ordinance.
19        (4) Commerce, preparation, assembly or possession of
20    explosive bullets by manufacturers of ammunition licensed
21    by the federal government, in connection with the supply of
22    those organizations and persons exempted by subdivision
23    (g)(1) of this Section, or like organizations and persons
24    outside this State, or the transportation of explosive
25    bullets to any organization or person exempted in this
26    Section by a common carrier or by a vehicle owned or leased

 

 

09800HB1155ham027- 67 -LRB098 08475 JWD 41693 a

1    by an exempted manufacturer.
2    (g-5) Subsection 24-1(a)(6) does not apply to or affect
3persons licensed under federal law to manufacture any device or
4attachment of any kind designed, used, or intended for use in
5silencing the report of any firearm, firearms, or ammunition
6for those firearms equipped with those devices, and actually
7engaged in the business of manufacturing those devices,
8firearms, or ammunition, but only with respect to activities
9that are within the lawful scope of that business, such as the
10manufacture, transportation, or testing of those devices,
11firearms, or ammunition. This exemption does not authorize the
12general private possession of any device or attachment of any
13kind designed, used, or intended for use in silencing the
14report of any firearm, but only such possession and activities
15as are within the lawful scope of a licensed manufacturing
16business described in this subsection (g-5). During
17transportation, these devices shall be detached from any weapon
18or not immediately accessible.
19    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any parole agent or parole
21supervisor who meets the qualifications and conditions
22prescribed in Section 3-14-1.5 of the Unified Code of
23Corrections.
24    (g-7) Subsection 24-1(a)(6) does not apply to a peace
25officer while serving as a member of a tactical response team
26or special operations team. A peace officer may not personally

 

 

09800HB1155ham027- 68 -LRB098 08475 JWD 41693 a

1own or apply for ownership of a device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm. These devices shall be owned and
4maintained by lawfully recognized units of government whose
5duties include the investigation of criminal acts.
6    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016 Olympic
16and Paralympic Games.
17    (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any exemptions
19contained in this Article. The defendant shall have the burden
20of proving such an exemption.
21    (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm consigned
24to a common carrier operating under license of the State of
25Illinois or the federal government, where such transportation,
26carrying, or possession is incident to the lawful

 

 

09800HB1155ham027- 69 -LRB098 08475 JWD 41693 a

1transportation in which such common carrier is engaged; and
2nothing in this Article shall prohibit, apply to, or affect the
3transportation, carrying, or possession of any pistol,
4revolver, stun gun, taser, or other firearm, not the subject of
5and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6this Article, which is unloaded and enclosed in a case, firearm
7carrying box, shipping box, or other container, by the
8possessor of a valid Firearm Owners Identification Card.
9(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
10eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
1197-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
12revised 8-23-12.)".