Rep. Michael J. Zalewski

Filed: 2/26/2013

 

 


 

 


 
09800HB1155ham030LRB098 08475 JWD 41940 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 260-10. 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.

 

 

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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 260-15. 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

 

 

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1with the administrative costs associated with this Act.
 
2    Section 260-20. 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 260-25 or Section
6260-65; (ii) has provided the application and documentation
7required in Section 260-30; 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

 

 

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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 260-70 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

 

 

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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

 

 

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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.
 

 

 

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1    Section 260-25. Qualifications of an applicant for a
2license. The Department shall issue a license to an applicant
3completing an application in accordance with Section 260-30 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 260-85 of this

 

 

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1    Act.
 
2    Section 260-30. 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 260-85 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    260-65 shall be instructed to submit the information
24    required in that Section;
25        (5) a waiver of privacy and confidentiality rights and

 

 

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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    260-25;
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 260-65 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 260-25 and is not prohibited under

 

 

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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

 

 

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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 260-85 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 260-35. 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

 

 

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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

 

 

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1requester not entitled to it by law, except as required or
2necessary for the conduct of a criminal investigation.
 
3    Section 260-40. 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 260-25 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

 

 

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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 260-70 of this Act in accordance with subsection (i) of
7Section 260-70.
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 260-45. 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

 

 

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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
8260-85 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 260-50. 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 260-30 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,

 

 

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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 260-30 of this Act.
 
6    Section 260-65. 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 260-25. The applicant shall submit:
11        (1) the application and documentation required in
12    Section 260-30;
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.

 

 

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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 260-85. 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

 

 

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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 260-70. Restrictions.
11    (a) No license issued under this Act shall authorize any
12person to 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

 

 

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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

 

 

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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        (17) Any property (including, but not limited to, any
16    street, driveway, or parking lot), building, or facility
17    owned, leased, controlled, or used by a nuclear energy,
18    storage, weapons, or development site or facility
19    regulated by the federal Nuclear Regulatory Commission.
20    (a-5) Judges, State's Attorneys and assistant State's
21Attorneys with the permission of the State's Attorney, who
22possess a valid license under this Act may possess a firearm in
23any courthouse in which they are employed, but shall be
24required to follow any rules applicable to sworn peace officers
25to maintain facility security.
26    (b) A municipality, county, or school district may prohibit

 

 

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

 

 

09800HB1155ham030- 22 -LRB098 08475 JWD 41940 a

1However, a private landlord of a residential or commercial
2property shall not prohibit any lessee from possessing or
3carrying a firearm in accordance with this Act in or on the
4leased premises or during ingress or egress of the leased
5premises. The owner, business or commercial lessee, or manager
6of a private business enterprise or any other private
7organization, entity, or person who allows the carrying of a
8firearm by a licensee shall not be liable for any act of the
9licensee that arises out of the licensee carrying a firearm.
10    (c-1) The Governor, Lieutenant Governor, Attorney General,
11Secretary of State, Comptroller, or Treasurer may prohibit
12licensees from carrying a handgun in buildings under their
13control.
14    (d) Except as otherwise provided in subsection (d-1) of
15this Section, any person licensed under this Act who is
16prohibited from carrying a concealed firearm into a building by
17the provisions of subsection (a) or under an ordinance,
18resolution, or policy adopted in accordance with subsection (b)
19or (c) shall be permitted to store that firearm or ammunition
20out of plain sight in his or her locked vehicle or in a locked
21compartment or container within or securely affixed to the
22outside of the vehicle. A licensee shall not be in violation of
23this Section while he or she is traversing a public right of
24way that touches or crosses any of the premises specified in
25subsection (a) or from which firearms are prohibited under the
26provisions of subsection (b) or (c), provided that the firearm

 

 

09800HB1155ham030- 23 -LRB098 08475 JWD 41940 a

1is carried on his or her person or in a vehicle in accordance
2with this Act or is being transported in a case or container in
3accordance with applicable law. A licensee shall not be in
4violation of subsection (b) or (c) if the responsible party for
5the premises fails to conspicuously post notice of the
6prohibition at all public entrances to the building in
7accordance with subsection (g).
8    (d-1) Any person licensed under this Act who is prohibited
9from carrying a concealed firearm into or onto any property,
10building, or facility owned, leased, controlled, or used by a
11nuclear energy, storage, weapons, or development site or
12facility regulated by the federal Nuclear Regulatory
13Commission shall not be permitted, under any circumstances, to
14store the firearm or ammunition in his or her vehicle or in a
15compartment or container within or securely affixed to the
16outside of the vehicle while the vehicle is located anywhere in
17or on such property, building, or facility.
18    (e) If a law enforcement officer initiates an investigative
19stop, including but not limited to a traffic stop, of a
20licensee who is carrying a concealed firearm under the
21provisions of this Act, the licensee shall disclose as soon as
22reasonably possible to the officer that he or she is in
23possession of a concealed firearm under this Act. Disclosure
24may be accomplished by oral notification or by providing or
25displaying the license to carry a concealed firearm to the
26officer. Any firearm that is removed from a licensee during an

 

 

09800HB1155ham030- 24 -LRB098 08475 JWD 41940 a

1investigative stop shall be returned immediately to the
2licensee in its original condition upon conclusion of the stop
3unless the licensee is placed under arrest.
4    (f) A licensee shall not carry a handgun under the
5provisions of this Act while under the influence of illegal
6drugs or hallucinogenic drugs or alcohol. For the purposes of
7this subsection (f), under the influence of alcohol means a
8blood alcohol content of .08 or greater.
9    (g) Signs stating that the carrying of a firearm is
10prohibited shall be clearly and conspicuously posted at every
11entrance of a building or premises specified in subsection (a)
12or designated in accordance with subsection (b) or (c). Signs
13shall be of a uniform size and design, not smaller than 8
14inches by 10 inches as prescribed by the Department. The
15Department shall adopt rules for standardized signs to be used
16under this subsection.
17    (h) A violation of subsection (a), (b), (c), (d), or (f),
18shall not be a criminal offense, but the licensee may be denied
19access to or removed from the premises by management,
20administration, or an authorized agent of the facility. If the
21licensee refuses to obey these requests, law enforcement may be
22summoned and the licensee may be cited for a petty offense and
23fined not more than $100 plus costs for the first offense. If a
24second violation occurs within 6 months of the first, the fine
25may be up to $200 plus costs and the license to carry a handgun
26may be suspended for 30 days. If a third violation occurs

 

 

09800HB1155ham030- 25 -LRB098 08475 JWD 41940 a

1within a year of the first offense, the fine may be up to $500
2plus costs and the license may be suspended for 6 months. If a
3licensee has more than 5 violations in 2 years for the above
4offenses, the Department may revoke the license to carry a
5handgun and the licensee shall not be eligible to receive
6another license for a period of 3 years after the last
7violation. After the revocation period expires, the licensee
8shall file a new application with new documentation as
9prescribed in Section 260-30 or Section 260-65 in order to
10receive a new license.
11    (i) A violation of subsection (e) is a petty offense; the
12licensee may be fined up to $200 plus costs plus a $50 fee to be
13deposited in the Citizen Safety and Self-Defense Fund. A second
14violation of subsection (e) may carry a fine of up to $500 plus
15costs and $50 fee and suspension of the license for up to 6
16months. A licensee with 3 or more violations of subsection (e)
17within 2 years may have his or her license revoked for up to 3
18years. After the revocation period expires, the licensee shall
19file a new application with new documentation as prescribed in
20Section 260-30 or Section 260-65 in order to receive a new
21license.
 
22    Section 260-75. Immunity, employees, and agents. The
23office of the county sheriff, or any employee or agent of the
24county sheriff, or the Department of State Police shall not be
25liable for damages in any civil action arising from alleged

 

 

09800HB1155ham030- 26 -LRB098 08475 JWD 41940 a

1wrongful or improper granting, renewing, or failure to revoke
2licenses issued under this Act, except for willful or wanton
3misconduct. The office of the county sheriff and any employees
4or agents shall not be liable for submitting specific or
5articulable reasons why an applicant should be denied a
6license, unless the objection contains false, malicious, or
7inaccurate information and the objection constituted willful
8and wanton misconduct. Any owner, business or commercial
9lessee, landlord, manager of a private business enterprise,
10employer, or any other organization, entity, person, public or
11private college, university, or post-secondary educational
12institution that does not prohibit licensees from carrying
13firearms on property it owns or occupies is immune from any
14liability arising from its decision.
 
15    Section 260-80. Fees.
16    (a) Fees collected under this Act by the Department and
17deposited into the Citizen Safety and Self-Defense Trust Fund
18shall be appropriated for administration of this Act.
19    (b) Fees shall be:
20    New license: $80.
21    Renewal of license: $25.
22    Duplicate license due to lost or destroyed: $15.
23    Corrected license due to change of address or name: $15.
24    (c) By March 1 of each year, the Department shall submit a
25statistical report to the Governor, the President of the

 

 

09800HB1155ham030- 27 -LRB098 08475 JWD 41940 a

1Senate, and the Speaker of the House of Representatives
2indicating the number of licenses issued, revoked, suspended,
3denied, and issued after appeal since the last report and in
4total and also the number of licenses currently valid. The
5report shall also include the number of arrests and convictions
6and the types of crimes committed by licensees since the last
7report.
8    (d) The Secretary of State shall conduct a study to
9determine the cost and feasibility of creating a method of
10adding an identifiable code, background, or other means to show
11that an individual has been issued a license by the Department
12on the person's driver's license or State-issued
13identification card.
 
14    Section 260-85. Applicant training.
15    (a) Applicants shall provide proof of completion of at
16least one of the following courses:
17        (1) National Rifle Association Basic Personal
18    Protection In The Home Course.
19        (2) National Rifle Association Basics of Personal
20    Protection Outside The Home Course.
21        (3) National Rifle Association Basic Pistol Shooting
22    Course.
23        (4) Any other firearms training course of at least 6
24    hours that covers the following:
25            (A) handgun safety in the classroom, at home, on

 

 

09800HB1155ham030- 28 -LRB098 08475 JWD 41940 a

1        the firing range, and while carrying the firearm;
2            (B) the basic principles of marksmanship;
3            (C) care and cleaning of handguns;
4            (D) laws relating to the justifiable use of force.
5    (b) Applicants shall provide proof of certification by a
6certified instructor that the applicant passed a live fire
7exercise with a handgun consisting of:
8        (1) a minimum of 30 rounds; and
9        (2) 10 rounds from a distance of 5 yards, 10 rounds
10    from a distance of 7 yards, and 10 rounds from a distance
11    of 10 yards at a B-27 silhouette or equivalent target as
12    approved by the Department.
13    (b-5) Students may provide their own safe, functional
14handgun. The qualification shall be performed with
15factory-loaded ammunition.
16    (b-6) Grades of "passing" shall not be given on range work
17to an applicant who:
18        (1) does not follow the orders of the certified
19    firearms instructor;
20        (2) in the judgment of the certified firearms
21    instructor, handles a firearm in a manner that poses a
22    danger to the applicant or to others; or
23        (3) during the testing portion of the range work fails
24    to hit the silhouette portion of the target with 70% of the
25    30 rounds fired.
26    (c) The classroom portion of the course may, at the

 

 

09800HB1155ham030- 29 -LRB098 08475 JWD 41940 a

1qualified firearms instructor's discretion, be divided into
2segments of not less than 2 hours each.
3    (d) Instructors shall maintain all records for students'
4performance for not less than 5 years.
5    (e) Certified firearms instructors shall:
6        (1) allow monitoring of their classes by officials of
7    any certifying agency;
8        (2) make all course records available upon demand to
9    authorized personnel of the Department; and
10        (3) not divulge course records except as authorized by
11    the certifying agency.
12    (f) Fees for applicant training courses shall be set by the
13instructor.
14    (g) An applicant training course shall not have more than
1540 students in the classroom portion nor more than 5 students
16per range officer engaged in range firing.
17    (h) Persons with the following training or certifications
18are exempt from the requirements of subsection (a) of this
19Section:
20        (1) An National Rifle Association certified
21    instructor.
22        (2) An individual who has qualified to carry a firearm
23    as a retired law enforcement officer.
24        (3) Any active, retired, or honorably discharged
25    member of the armed forces.
26        (4) An individual certified as a law enforcement

 

 

09800HB1155ham030- 30 -LRB098 08475 JWD 41940 a

1    instructor by the Illinois Law Enforcement Training
2    Standards Board or other equivalent agency.
 
3    Section 260-90. Firearms instructors training.
4    (a) Not later than 30 days after the effective date of this
5Act, the Department shall establish a registry of instructors
6who are eligible to teach courses or sign off on range
7qualifications, or both, to meet the requirements of Section
8260-85 of this Act.
9    (b) Instructors who are eligible to teach courses and
10certify range qualifications shall have one of the following
11valid firearms instructor certifications:
12        (1) National Rifle Association Personal Protection
13    Instructor;
14        (2) National Rifle Association Basic Pistol
15    Instructor;
16        (3) National Rifle Association Law Enforcement Firearm
17    Instructor with a certification for handguns;
18        (4) Certification from a firearms instructor's course
19    offered by a State or federal governmental agency; or
20        (5) A similar firearms instructor qualifying course
21    approved by the Illinois Law Enforcement Training
22    Standards Board.
23    (c) Instructors who are eligible to teach courses and
24certify range qualifications shall be at least 21 years of age
25and possess at least a high school diploma or GED certificate.

 

 

09800HB1155ham030- 31 -LRB098 08475 JWD 41940 a

1    (d) An applicant may have his or her instructor
2qualification revoked if the applicant:
3        (1) does not meet the requirements of this Act to
4    possess a concealed firearms permit;
5        (2) provides false or misleading information to the
6    Board; or
7        (3) has had a prior instructor qualification revoked by
8    the Board or other certifying organization.
 
9    Section 260-95. Home Rule Preemption. The regulation and
10licensing of firearms, including their possession, carrying,
11transportation, or the issuance of licenses to carry concealed
12firearms, is an exclusive power and function of the State.
13Except as provided in subsection (b) of Section 260-70, a home
14rule unit shall not regulate the possession, carrying, or
15transportation of firearms, their components or accessories,
16or ammunition. A home rule unit shall not require registration
17of firearms, regulate the number of firearms, or make any other
18requirements or regulations of a person licensed under this
19Act. This Section is a limitation under subsection (i) of
20Section 6 of Article VII of the Illinois Constitution on the
21exercise by home rule units of powers and functions exercised
22by the State. Any unit of local government that violates this
23Section shall be liable for all costs, fees, and damages to
24anyone impacted by any rule or ordinance.
 

 

 

09800HB1155ham030- 32 -LRB098 08475 JWD 41940 a

1    Section 260-100. Expedited appeal. A judgment of a circuit
2court declaring this Act or any part of this Act
3unconstitutional or unenforceable is appealable directly to
4the Supreme Court. The notice of appeal shall be filed within
530 days after the judgment of the circuit court declaring this
6Act or any part of this Act unconstitutional or unenforceable.
7The manner of appeal shall be as provided in Supreme Court
8Rules.
 
9    Section 260-105. Severability. The provisions of this Act
10are severable under Section 1.31 of the Statute on Statutes.
 
11    Section 265-5. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
 
13    (5 ILCS 140/7.5)
14    Sec. 7.5. Statutory Exemptions. To the extent provided for
15by the statutes referenced below, the following shall be exempt
16from inspection and copying:
17    (a) All information determined to be confidential under
18Section 4002 of the Technology Advancement and Development Act.
19    (b) Library circulation and order records identifying
20library users with specific materials under the Library Records
21Confidentiality Act.
22    (c) Applications, related documents, and medical records
23received by the Experimental Organ Transplantation Procedures

 

 

09800HB1155ham030- 33 -LRB098 08475 JWD 41940 a

1Board and any and all documents or other records prepared by
2the Experimental Organ Transplantation Procedures Board or its
3staff relating to applications it has received.
4    (d) Information and records held by the Department of
5Public Health and its authorized representatives relating to
6known or suspected cases of sexually transmissible disease or
7any information the disclosure of which is restricted under the
8Illinois Sexually Transmissible Disease Control Act.
9    (e) Information the disclosure of which is exempted under
10Section 30 of the Radon Industry Licensing Act.
11    (f) Firm performance evaluations under Section 55 of the
12Architectural, Engineering, and Land Surveying Qualifications
13Based Selection Act.
14    (g) Information the disclosure of which is restricted and
15exempted under Section 50 of the Illinois Prepaid Tuition Act.
16    (h) Information the disclosure of which is exempted under
17the State Officials and Employees Ethics Act, and records of
18any lawfully created State or local inspector general's office
19that would be exempt if created or obtained by an Executive
20Inspector General's office under that Act.
21    (i) Information contained in a local emergency energy plan
22submitted to a municipality in accordance with a local
23emergency energy plan ordinance that is adopted under Section
2411-21.5-5 of the Illinois Municipal Code.
25    (j) Information and data concerning the distribution of
26surcharge moneys collected and remitted by wireless carriers

 

 

09800HB1155ham030- 34 -LRB098 08475 JWD 41940 a

1under the Wireless Emergency Telephone Safety Act.
2    (k) Law enforcement officer identification information or
3driver identification information compiled by a law
4enforcement agency or the Department of Transportation under
5Section 11-212 of the Illinois Vehicle Code.
6    (l) Records and information provided to a residential
7health care facility resident sexual assault and death review
8team or the Executive Council under the Abuse Prevention Review
9Team Act.
10    (m) Information provided to the predatory lending database
11created pursuant to Article 3 of the Residential Real Property
12Disclosure Act, except to the extent authorized under that
13Article.
14    (n) Defense budgets and petitions for certification of
15compensation and expenses for court appointed trial counsel as
16provided under Sections 10 and 15 of the Capital Crimes
17Litigation Act. This subsection (n) shall apply until the
18conclusion of the trial of the case, even if the prosecution
19chooses not to pursue the death penalty prior to trial or
20sentencing.
21    (o) Information that is prohibited from being disclosed
22under Section 4 of the Illinois Health and Hazardous Substances
23Registry Act.
24    (p) Security portions of system safety program plans,
25investigation reports, surveys, schedules, lists, data, or
26information compiled, collected, or prepared by or for the

 

 

09800HB1155ham030- 35 -LRB098 08475 JWD 41940 a

1Regional Transportation Authority under Section 2.11 of the
2Regional Transportation Authority Act or the St. Clair County
3Transit District under the Bi-State Transit Safety Act.
4    (q) Information prohibited from being disclosed by the
5Personnel Records Review Act.
6    (r) Information prohibited from being disclosed by the
7Illinois School Student Records Act.
8    (s) Information the disclosure of which is restricted under
9Section 5-108 of the Public Utilities Act.
10    (t) All identified or deidentified health information in
11the form of health data or medical records contained in, stored
12in, submitted to, transferred by, or released from the Illinois
13Health Information Exchange, and identified or deidentified
14health information in the form of health data and medical
15records of the Illinois Health Information Exchange in the
16possession of the Illinois Health Information Exchange
17Authority due to its administration of the Illinois Health
18Information Exchange. The terms "identified" and
19"deidentified" shall be given the same meaning as in the Health
20Insurance Accountability and Portability Act of 1996, Public
21Law 104-191, or any subsequent amendments thereto, and any
22regulations promulgated thereunder.
23    (u) Records and information provided to an independent team
24of experts under Brian's Law.
25    (v) Names and information of people who have applied for or
26received Firearm Owner's Identification Cards under the

 

 

09800HB1155ham030- 36 -LRB098 08475 JWD 41940 a

1Firearm Owners Identification Card Act.
2    (w) Personally identifiable information which is exempted
3from disclosure under subsection (g) of Section 19.1 of the
4Toll Highway Act.
5    (x) Information which is exempted from disclosure under
6Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
7Illinois Municipal Code.
8    (y) Information maintained by the Department of State
9Police in accordance with subsection (a) of Section 260-35 of
10the Family and Personal Protection Act, except as authorized by
11that Act.
12(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1396-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
148-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
15eff. 1-1-13.)
 
16    Section 265-10. The Department of State Police Law of the
17Civil Administrative Code of Illinois is amended changing
18Sections 2605-45 and 2605-300 and by adding Section 2605-595 as
19follows:
 
20    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
21    Sec. 2605-45. Division of Administration. The Division of
22Administration shall exercise the following functions:
23        (1) Exercise the rights, powers, and duties vested in
24    the Department by the Governor's Office of Management and

 

 

09800HB1155ham030- 37 -LRB098 08475 JWD 41940 a

1    Budget Act.
2        (2) Pursue research and the publication of studies
3    pertaining to local law enforcement activities.
4        (3) Exercise the rights, powers, and duties vested in
5    the Department by the Personnel Code.
6        (4) Operate an electronic data processing and computer
7    center for the storage and retrieval of data pertaining to
8    criminal activity.
9        (5) Exercise the rights, powers, and duties vested in
10    the former Division of State Troopers by Section 17 of the
11    State Police Act.
12        (6) Exercise the rights, powers, and duties vested in
13    the Department by "An Act relating to internal auditing in
14    State government", approved August 11, 1967 (repealed; now
15    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
16        (6.5) Exercise the rights, powers, and duties vested in
17    the Department by the Firearm Owners Identification Card
18    Act.
19        (6.10) Exercise the rights, powers, and duties vested
20    in the Department by the Family and Personal Protection
21    Act.
22        (7) Exercise other duties that may be assigned by the
23    Director to fulfill the responsibilities and achieve the
24    purposes of the Department.
25(Source: P.A. 94-793, eff. 5-19-06.)
 

 

 

09800HB1155ham030- 38 -LRB098 08475 JWD 41940 a

1    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-300. Records; crime laboratories; personnel. To
3do the following:
4        (1) Be a central repository and custodian of criminal
5    statistics for the State.
6        (2) Be a central repository for criminal history record
7    information.
8        (3) Procure and file for record information that is
9    necessary and helpful to plan programs of crime prevention,
10    law enforcement, and criminal justice.
11        (4) Procure and file for record copies of fingerprints
12    that may be required by law.
13        (5) Establish general and field crime laboratories.
14        (6) Register and file for record information that may
15    be required by law for the issuance of firearm owner's
16    identification cards under the Firearm Owners
17    Identification Card Act and concealed carry licenses under
18    the Family and Personal Protection Act.
19        (7) Employ polygraph operators, laboratory
20    technicians, and other specially qualified persons to aid
21    in the identification of criminal activity.
22        (8) Undertake other identification, information,
23    laboratory, statistical, or registration activities that
24    may be required by law.
25(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
26eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

 

 

09800HB1155ham030- 39 -LRB098 08475 JWD 41940 a

1eff. 8-14-98; 91-239, eff. 1-1-00.)
 
2    (20 ILCS 2605/2605-595 new)
3    Sec. 2605-595. State Police Firearm Services Fund.
4    (a) There is created in the State treasury a special fund
5known as the State Police Firearm Services Fund. The Fund shall
6receive revenue as provided under Section 5 of the Firearm
7Owners Identification Card Act, and under the Family and
8Personal Protection Act. The Fund may also receive revenue from
9grants, pass-through grants, donations, appropriations, and
10any other legal source.
11    (b) The Department of State Police may use moneys in the
12Fund to finance any of its lawful purposes, mandates,
13functions, and duties under the Firearm Owners Identification
14Card Act or the Family and Personal Protection Act, including
15the cost of sending notices of expiration of Firearm Owner's
16Identification Cards and concealed carry licenses, the prompt
17and efficient processing of applications under the Firearm
18Owners Identification Card Act and the Family and Personal
19Protection Act, and support for investigations required under
20these Acts.
21    (c) Investment income that is attributable to the
22investment of moneys in the Fund shall be retained in the Fund
23for the uses specified in this Section.
24    (d) The State Police Firearm Services Fund shall not be
25subject to fund sweeps or administrative chargebacks.
 

 

 

09800HB1155ham030- 40 -LRB098 08475 JWD 41940 a

1    Section 265-15. The State Police Act is amended by adding
2Section 25 as follows:
 
3    (20 ILCS 2610/25 new)
4    Sec. 25. Emergency procurement authorized. In order to
5comply with recent court rulings regarding concealed carry in
6Illinois, the provisions of this amendatory Act of the 98th
7General Assembly, together with any procurements necessary for
8the implementation of the Family and Personal Protection Act,
9shall be eligible for emergency procurement for a period not
10more than 180 days after the effective date of this amendatory
11Act.
 
12    Section 265-20. The State Finance Act is amended by adding
13Sections 5.826 and 5.827 as follows:
 
14    (30 ILCS 105/5.826 new)
15    Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.
 
16    (30 ILCS 105/5.827 new)
17    Sec. 5.827. The State Police Firearm Services Fund.
 
18    (30 ILCS 105/5.206 rep.)
19    Section 265-25. The State Finance Act is amended by
20repealing Section 5.206.
 

 

 

09800HB1155ham030- 41 -LRB098 08475 JWD 41940 a

1    Section 265-30. The Firearm Owners Identification Card Act
2is amended by changing Section 5 and by adding Section 5.1 as
3follows:
 
4    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
5    Sec. 5. The Department of State Police shall either approve
6or deny all applications within 30 days from the date they are
7received, and every applicant found qualified pursuant to
8Section 8 of this Act by the Department shall be entitled to a
9Firearm Owner's Identification Card upon the payment of a $10
10fee. Any applicant who is an active duty member of the Armed
11Forces of the United States, a member of the Illinois National
12Guard, or a member of the Reserve Forces of the United States
13is exempt from the application fee. $6 of each fee derived from
14the issuance of Firearm Owner's Identification Cards, or
15renewals thereof, shall be deposited in the Wildlife and Fish
16Fund in the State Treasury; $1 of such fee shall be deposited
17in the State Police Services Fund and $3 of such fee shall be
18deposited in the State Police Firearm Services Fund Firearm
19Owner's Notification Fund. Monies in the State Police Firearm
20Services Fund Firearm Owner's Notification Fund shall be used
21exclusively to pay for the cost of sending notices of
22expiration of Firearm Owner's Identification Cards under
23Section 13.2 of this Act, and the purposes specified in Section
242605-595 of the Department of State Police Law of the Civil

 

 

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1Administrative Code of Illinois. Excess monies in the Firearm
2Owner's Notification Fund shall be used to ensure the prompt
3and efficient processing of applications received under
4Section 4 of this Act.
5(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
 
6    (430 ILCS 65/5.1 new)
7    Sec. 5.1. State Police Firearm Services Fund. All moneys
8remaining in the Firearm Owner's Notification Fund on the
9effective date of this amendatory Act of the 98th General
10Assembly shall be transferred into the State Police Firearm
11Services Fund, a special fund created in the State treasury, to
12be expended by the Department of State Police, for the purposes
13specified in Section 5.
 
14    Section 265-35. The Criminal Code of 2012 is amended by
15changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
 
16    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
17    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
18    (a) Whoever possesses or stores any weapon enumerated in
19Section 33A-1 in any building or on land supported in whole or
20in part with public funds or in any building on such land
21without prior written permission from the chief security
22officer for that such land or building commits a Class A
23misdemeanor.

 

 

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1    (b) The chief security officer must grant any reasonable
2request for permission under paragraph (a).
3    (c) This Section shall not apply to a person acting
4lawfully under the Family and Personal Protection Act.
5    (d) Subsection (a) shall not apply to any tenant or
6resident of any public housing.
7(Source: P.A. 89-685, eff. 6-1-97.)
 
8    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
9    Sec. 24-1. Unlawful Use of Weapons.
10    (a) A person commits the offense of unlawful use of weapons
11when he knowingly:
12        (1) Sells, manufactures, purchases, possesses or
13    carries any bludgeon, black-jack, slung-shot, sand-club,
14    sand-bag, metal knuckles or other knuckle weapon
15    regardless of its composition, throwing star, or any knife,
16    commonly referred to as a switchblade knife, which has a
17    blade that opens automatically by hand pressure applied to
18    a button, spring or other device in the handle of the
19    knife, or a ballistic knife, which is a device that propels
20    a knifelike blade as a projectile by means of a coil
21    spring, elastic material or compressed gas; or
22        (2) Carries or possesses with intent to use the same
23    unlawfully against another, a dagger, dirk, billy,
24    dangerous knife, razor, stiletto, broken bottle or other
25    piece of glass, stun gun or taser or any other dangerous or

 

 

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1    deadly weapon or instrument of like character; or
2        (3) Carries on or about his person or in any vehicle, a
3    tear gas gun projector or bomb or any object containing
4    noxious liquid gas or substance, other than an object
5    containing a non-lethal noxious liquid gas or substance
6    designed solely for personal defense carried by a person 18
7    years of age or older; or
8        (4) Carries or possesses in any vehicle or concealed on
9    or about his person except when on his land or in his own
10    abode, legal dwelling, or fixed place of business, or on
11    the land or in the legal dwelling of another person as an
12    invitee with that person's permission, any pistol,
13    revolver, stun gun or taser or other firearm, except that
14    this subsection (a) (4) does not apply to or affect
15    transportation of weapons that meet one of the following
16    conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a case, firearm
20        carrying box, shipping box, or other container by a
21        person who is not otherwise prohibited from owning or
22        possessing a firearm under State or federal law has
23        been issued a currently valid Firearm Owner's
24        Identification Card; or
25        (5) Sets a spring gun; or
26        (6) Possesses any device or attachment of any kind

 

 

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1    designed, used or intended for use in silencing the report
2    of any firearm; or
3        (7) Sells, manufactures, purchases, possesses or
4    carries:
5            (i) a machine gun, which shall be defined for the
6        purposes of this subsection as any weapon, which
7        shoots, is designed to shoot, or can be readily
8        restored to shoot, automatically more than one shot
9        without manually reloading by a single function of the
10        trigger, including the frame or receiver of any such
11        weapon, or sells, manufactures, purchases, possesses,
12        or carries any combination of parts designed or
13        intended for use in converting any weapon into a
14        machine gun, or any combination or parts from which a
15        machine gun can be assembled if such parts are in the
16        possession or under the control of a person;
17            (ii) any rifle having one or more barrels less than
18        16 inches in length or a shotgun having one or more
19        barrels less than 18 inches in length or any weapon
20        made from a rifle or shotgun, whether by alteration,
21        modification, or otherwise, if such a weapon as
22        modified has an overall length of less than 26 inches;
23        or
24            (iii) any bomb, bomb-shell, grenade, bottle or
25        other container containing an explosive substance of
26        over one-quarter ounce for like purposes, such as, but

 

 

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1        not limited to, black powder bombs and Molotov
2        cocktails or artillery projectiles; or
3        (8) Carries or possesses any firearm, stun gun or taser
4    or other deadly weapon in any place which is licensed to
5    sell intoxicating beverages for consumption on the
6    premises , or at any public gathering held pursuant to a
7    license issued by any governmental body or any public
8    gathering at which an admission is charged, excluding a
9    place where a showing, demonstration or lecture involving
10    the exhibition of unloaded firearms is conducted.
11        This subsection (a)(8) does not apply to any auction or
12    raffle of a firearm held pursuant to a license or permit
13    issued by a governmental body, nor does it apply to persons
14    engaged in firearm safety training courses or acting in
15    accordance with the Family and Personal Protection Act; or
16        (9) Carries or possesses in a vehicle or on or about
17    his person any pistol, revolver, stun gun or taser or
18    firearm or ballistic knife, when he is hooded, robed or
19    masked in such manner as to conceal his identity; or
20        (10) Carries or possesses on or about his person, upon
21    any public street, alley, or other public lands within the
22    corporate limits of a city, village or incorporated town,
23    except when an invitee thereon or therein, for the purpose
24    of the display of such weapon or the lawful commerce in
25    weapons, or except when on his land or in his own abode,
26    legal dwelling, or fixed place of business, or on the land

 

 

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1    or in the legal dwelling of another person as an invitee
2    with that person's permission, any pistol, revolver, stun
3    gun or taser or other firearm, except that this subsection
4    (a) (10) does not apply to or affect transportation of
5    weapons that meet one of the following conditions:
6            (i) are broken down in a non-functioning state; or
7            (ii) are not immediately accessible; or
8            (iii) are unloaded and enclosed in a case, firearm
9        carrying box, shipping box, or other container by a
10        person who is not otherwise prohibited from owning or
11        possessing a firearm under State or federal law has
12        been issued a currently valid Firearm Owner's
13        Identification Card.
14        A "stun gun or taser", as used in this paragraph (a)
15    means (i) any device which is powered by electrical
16    charging units, such as, batteries, and which fires one or
17    several barbs attached to a length of wire and which, upon
18    hitting a human, can send out a current capable of
19    disrupting the person's nervous system in such a manner as
20    to render him incapable of normal functioning or (ii) any
21    device which is powered by electrical charging units, such
22    as batteries, and which, upon contact with a human or
23    clothing worn by a human, can send out current capable of
24    disrupting the person's nervous system in such a manner as
25    to render him incapable of normal functioning; or
26        (11) Sells, manufactures or purchases any explosive

 

 

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1    bullet. For purposes of this paragraph (a) "explosive
2    bullet" means the projectile portion of an ammunition
3    cartridge which contains or carries an explosive charge
4    which will explode upon contact with the flesh of a human
5    or an animal. "Cartridge" means a tubular metal case having
6    a projectile affixed at the front thereof and a cap or
7    primer at the rear end thereof, with the propellant
8    contained in such tube between the projectile and the cap;
9    or
10        (12) (Blank); or
11        (13) Carries or possesses on or about his or her person
12    while in a building occupied by a unit of government, a
13    billy club, other weapon of like character, or other
14    instrument of like character intended for use as a weapon.
15    For the purposes of this Section, "billy club" means a
16    short stick or club commonly carried by police officers
17    which is either telescopic or constructed of a solid piece
18    of wood or other man-made material.
19    (b) Sentence. A person convicted of a violation of
20subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22Class A misdemeanor. A person convicted of a violation
23subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible
24to obtain a license under the Family and Personal Protection
25Act except for the completion of Section 260-85 of the Act is
26guilty of a Class C misdemeanor. A person convicted of a

 

 

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1violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
2Class 4 felony; a person convicted of a violation of subsection
324-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
4A person convicted of a violation of subsection 24-1(a)(7)(i)
5commits a Class 2 felony and shall be sentenced to a term of
6imprisonment of not less than 3 years and not more than 7
7years, unless the weapon is possessed in the passenger
8compartment of a motor vehicle as defined in Section 1-146 of
9the Illinois Vehicle Code, or on the person, while the weapon
10is loaded, in which case it shall be a Class X felony. A person
11convicted of a second or subsequent violation of subsection
1224-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
13Class 3 felony. The possession of each weapon in violation of
14this Section constitutes a single and separate violation.
15    (c) Violations in specific places.
16        (1) A person who violates subsection 24-1(a)(6) or
17    24-1(a)(7) in any school, regardless of the time of day or
18    the time of year, in residential property owned, operated
19    or managed by a public housing agency or leased by a public
20    housing agency as part of a scattered site or mixed-income
21    development, in a public park, in a courthouse, on the real
22    property comprising any school, regardless of the time of
23    day or the time of year, on residential property owned,
24    operated or managed by a public housing agency or leased by
25    a public housing agency as part of a scattered site or
26    mixed-income development, on the real property comprising

 

 

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

 

 

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

 

 

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

 

 

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1    of the general public as passengers; and "public
2    transportation facility" means a terminal or other place
3    where one may obtain public transportation.
4    (d) The presence in an automobile other than a public
5omnibus of any weapon, instrument or substance referred to in
6subsection (a)(7) is prima facie evidence that it is in the
7possession of, and is being carried by, all persons occupying
8such automobile at the time such weapon, instrument or
9substance is found, except under the following circumstances:
10(i) if such weapon, instrument or instrumentality is found upon
11the person of one of the occupants therein; or (ii) if such
12weapon, instrument or substance is found in an automobile
13operated for hire by a duly licensed driver in the due, lawful
14and proper pursuit of his trade, then such presumption shall
15not apply to the driver.
16    (e) Exemptions. Crossbows, Common or Compound bows and
17Underwater Spearguns are exempted from the definition of
18ballistic knife as defined in paragraph (1) of subsection (a)
19of this Section.
20(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2195-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2296-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
23    (720 ILCS 5/24-1.6)
24    Sec. 24-1.6. Aggravated unlawful use of a weapon.
25    (a) A person commits the offense of aggravated unlawful use

 

 

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1of a weapon when he or she knowingly:
2        (1) Carries on or about his or her person or in any
3    vehicle or concealed on or about his or her person except
4    when on his or her land or in his or her abode, legal
5    dwelling, or fixed place of business, or on the land or in
6    the legal dwelling of another person as an invitee with
7    that person's permission, any pistol, revolver, stun gun or
8    taser or other firearm; or
9        (2) Carries or possesses on or about his or her person,
10    upon any public street, alley, or other public lands within
11    the corporate limits of a city, village or incorporated
12    town, except when an invitee thereon or therein, for the
13    purpose of the display of such weapon or the lawful
14    commerce in weapons, or except when on his or her own land
15    or in his or her own abode, legal dwelling, or fixed place
16    of business, or on the land or in the legal dwelling of
17    another person as an invitee with that person's permission,
18    any pistol, revolver, stun gun or taser or other firearm;
19    and
20        (3) One of the following factors is present:
21            (A) the firearm possessed was uncased, loaded and
22        immediately accessible at the time of the offense; or
23            (B) the firearm possessed was uncased, unloaded
24        and the ammunition for the weapon was immediately
25        accessible at the time of the offense; or
26            (C) the person possessing the firearm has not been

 

 

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1        issued a currently valid Firearm Owner's
2        Identification Card; or
3            (D) the person possessing the weapon was
4        previously adjudicated a delinquent minor under the
5        Juvenile Court Act of 1987 for an act that if committed
6        by an adult would be a felony; or
7            (E) the person possessing the weapon was engaged in
8        a misdemeanor violation of the Cannabis Control Act, in
9        a misdemeanor violation of the Illinois Controlled
10        Substances Act, or in a misdemeanor violation of the
11        Methamphetamine Control and Community Protection Act;
12        or
13            (F) (blank); or
14            (G) the person possessing the weapon had a order of
15        protection issued against him or her within the
16        previous 2 years; or
17            (H) the person possessing the weapon was engaged in
18        the commission or attempted commission of a
19        misdemeanor involving the use or threat of violence
20        against the person or property of another; or
21            (I) the person possessing the weapon was under 21
22        years of age and in possession of a handgun as defined
23        in Section 24-3, unless the person under 21 is engaged
24        in lawful activities under the Wildlife Code or
25        described in subsection 24-2(b)(1), (b)(3), or
26        24-2(f).

 

 

09800HB1155ham030- 56 -LRB098 08475 JWD 41940 a

1    (b) "Stun gun or taser" as used in this Section has the
2same definition given to it in Section 24-1 of this Code.
3    (c) This Section does not apply to or affect the
4transportation or possession of weapons that:
5            (i) are broken down in a non-functioning state; or
6            (ii) are not immediately accessible; or
7            (iii) are unloaded and enclosed in a case, firearm
8        carrying box, shipping box, or other container by a
9        person who is not prohibited from owning or possessing
10        a firearm under State or federal law by a person who
11        has been issued a currently valid Firearm Owner's
12        Identification Card.
13    (d) Sentence.
14         (1) Aggravated unlawful use of a weapon is a Class 4
15    felony; a second or subsequent offense is a Class 2 felony
16    for which the person shall be sentenced to a term of
17    imprisonment of not less than 3 years and not more than 7
18    years.
19        (2) Except as otherwise provided in paragraphs (3) and
20    (4) of this subsection (d), a first offense of aggravated
21    unlawful use of a weapon committed with a firearm by a
22    person 18 years of age or older where the factors listed in
23    both items (A) and (C) of paragraph (3) of subsection (a)
24    are present is a Class 4 felony, for which the person shall
25    be sentenced to a term of imprisonment of not less than one
26    year and not more than 3 years.

 

 

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1        (3) Aggravated unlawful use of a weapon by a person who
2    has been previously convicted of a felony in this State or
3    another jurisdiction is a Class 2 felony for which the
4    person shall be sentenced to a term of imprisonment of not
5    less than 3 years and not more than 7 years.
6        (4) Aggravated unlawful use of a weapon while wearing
7    or in possession of body armor as defined in Section 33F-1
8    by a person who has not been issued a valid Firearms
9    Owner's Identification Card in accordance with Section 5 of
10    the Firearm Owners Identification Card Act is a Class X
11    felony.
12    (e) The possession of each firearm in violation of this
13Section constitutes a single and separate violation.
14(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1596-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
16    (720 ILCS 5/24-2)
17    Sec. 24-2. Exemptions.
18    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
20the following:
21        (1) Peace officers, and any person summoned by a peace
22    officer to assist in making arrests or preserving the
23    peace, while actually engaged in assisting such officer.
24        (2) Wardens, superintendents and keepers of prisons,
25    penitentiaries, jails and other institutions for the

 

 

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

 

 

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1    considered eligible for this exemption if he or she has
2    completed the required 20 hours of training for a private
3    security contractor, private detective, or private alarm
4    contractor, or employee of a licensed agency and 20 hours
5    of required firearm training, and has been issued a firearm
6    control card by the Department of Financial and
7    Professional Regulation. Conditions for the renewal of
8    firearm control cards issued under the provisions of this
9    Section shall be the same as for those cards issued under
10    the provisions of the Private Detective, Private Alarm,
11    Private Security, Fingerprint Vendor, and Locksmith Act of
12    2004. The firearm control card shall be carried by the
13    private security contractor, private detective, or private
14    alarm contractor, or employee of the licensed agency at all
15    times when he or she is in possession of a concealable
16    weapon.
17        (6) Any person regularly employed in a commercial or
18    industrial operation as a security guard for the protection
19    of persons employed and private property related to such
20    commercial or industrial operation, while actually engaged
21    in the performance of his or her duty or traveling between
22    sites or properties belonging to the employer, and who, as
23    a security guard, is a member of a security force of at
24    least 5 persons registered with the Department of Financial
25    and Professional Regulation; provided that such security
26    guard has successfully completed a course of study,

 

 

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

 

 

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1    and places of employment, or traveling between sites or
2    properties owned or operated by such financial
3    institution, provided that any person so employed has
4    successfully completed a course of study, approved by and
5    supervised by the Department of Financial and Professional
6    Regulation, consisting of not less than 40 hours of
7    training which includes theory of law enforcement,
8    liability for acts, and the handling of weapons. A person
9    shall be considered to be eligible for this exemption if he
10    or she has completed the required 20 hours of training for
11    a security officer and 20 hours of required firearm
12    training, and has been issued a firearm control card by the
13    Department of Financial and Professional Regulation.
14    Conditions for renewal of firearm control cards issued
15    under the provisions of this Section shall be the same as
16    for those issued under the provisions of the Private
17    Detective, Private Alarm, Private Security, Fingerprint
18    Vendor, and Locksmith Act of 2004. Such firearm control
19    card shall be carried by the person so trained at all times
20    when such person is in possession of a concealable weapon.
21    For purposes of this subsection, "financial institution"
22    means a bank, savings and loan association, credit union or
23    company providing armored car services.
24        (9) Any person employed by an armored car company to
25    drive an armored car, while actually engaged in the
26    performance of his duties.

 

 

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1        (10) Persons who have been classified as peace officers
2    pursuant to the Peace Officer Fire Investigation Act.
3        (11) Investigators of the Office of the State's
4    Attorneys Appellate Prosecutor authorized by the board of
5    governors of the Office of the State's Attorneys Appellate
6    Prosecutor to carry weapons pursuant to Section 7.06 of the
7    State's Attorneys Appellate Prosecutor's Act.
8        (12) Special investigators appointed by a State's
9    Attorney under Section 3-9005 of the Counties Code.
10        (12.5) Probation officers while in the performance of
11    their duties, or while commuting between their homes,
12    places of employment or specific locations that are part of
13    their assigned duties, with the consent of the chief judge
14    of the circuit for which they are employed.
15        (13) Court Security Officers while in the performance
16    of their official duties, or while commuting between their
17    homes and places of employment, with the consent of the
18    Sheriff.
19        (13.5) A person employed as an armed security guard at
20    a nuclear energy, storage, weapons or development site or
21    facility regulated by the Nuclear Regulatory Commission
22    who has completed the background screening and training
23    mandated by the rules and regulations of the Nuclear
24    Regulatory Commission.
25        (14) Manufacture, transportation, or sale of weapons
26    to persons authorized under subdivisions (1) through

 

 

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1    (13.5) of this subsection to possess those weapons.
2    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
324-1.6 do not apply to or affect any of the following:
4        (1) Members of any club or organization organized for
5    the purpose of practicing shooting at targets upon
6    established target ranges, whether public or private, and
7    patrons of such ranges, while such members or patrons are
8    using their firearms on those target ranges.
9        (2) Duly authorized military or civil organizations
10    while parading, with the special permission of the
11    Governor.
12        (3) Hunters, trappers or fishermen with a license or
13    permit while engaged in hunting, trapping or fishing.
14        (4) Transportation of weapons that are broken down in a
15    non-functioning state or are not immediately accessible.
16        (5) Carrying or possessing any pistol, revolver, stun
17    gun or taser or other firearm on the land or in the legal
18    dwelling of another person as an invitee with that person's
19    permission.
20        (6) A licensee under the Family and Personal Protection
21    Act, notwithstanding Section 260-70 of that Act, if the
22    licensee meets the requirements of the Family and Personal
23    Protection Act.
24    (c) Subsection 24-1(a)(7) does not apply to or affect any
25of the following:
26        (1) Peace officers while in performance of their

 

 

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1    official duties.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense.
5        (3) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard, while in
7    the performance of their official duty.
8        (4) Manufacture, transportation, or sale of machine
9    guns to persons authorized under subdivisions (1) through
10    (3) of this subsection to possess machine guns, if the
11    machine guns are broken down in a non-functioning state or
12    are not immediately accessible.
13        (5) Persons licensed under federal law to manufacture
14    any weapon from which 8 or more shots or bullets can be
15    discharged by a single function of the firing device, or
16    ammunition for such weapons, and actually engaged in the
17    business of manufacturing such weapons or ammunition, but
18    only with respect to activities which are within the lawful
19    scope of such business, such as the manufacture,
20    transportation, or testing of such weapons or ammunition.
21    This exemption does not authorize the general private
22    possession of any weapon from which 8 or more shots or
23    bullets can be discharged by a single function of the
24    firing device, but only such possession and activities as
25    are within the lawful scope of a licensed manufacturing
26    business described in this paragraph.

 

 

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1        During transportation, such weapons shall be broken
2    down in a non-functioning state or not immediately
3    accessible.
4        (6) The manufacture, transport, testing, delivery,
5    transfer or sale, and all lawful commercial or experimental
6    activities necessary thereto, of rifles, shotguns, and
7    weapons made from rifles or shotguns, or ammunition for
8    such rifles, shotguns or weapons, where engaged in by a
9    person operating as a contractor or subcontractor pursuant
10    to a contract or subcontract for the development and supply
11    of such rifles, shotguns, weapons or ammunition to the
12    United States government or any branch of the Armed Forces
13    of the United States, when such activities are necessary
14    and incident to fulfilling the terms of such contract.
15        The exemption granted under this subdivision (c)(6)
16    shall also apply to any authorized agent of any such
17    contractor or subcontractor who is operating within the
18    scope of his employment, where such activities involving
19    such weapon, weapons or ammunition are necessary and
20    incident to fulfilling the terms of such contract.
21        During transportation, any such weapon shall be broken
22    down in a non-functioning state, or not immediately
23    accessible.
24        (7) A person possessing a rifle with a barrel or
25    barrels less than 16 inches in length if: (A) the person
26    has been issued a Curios and Relics license from the U.S.

 

 

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1    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
2    the person is an active member of a bona fide, nationally
3    recognized military re-enacting group and the modification
4    is required and necessary to accurately portray the weapon
5    for historical re-enactment purposes; the re-enactor is in
6    possession of a valid and current re-enacting group
7    membership credential; and the overall length of the weapon
8    as modified is not less than 26 inches.
9        During transportation, any such weapon shall be broken
10    down in a non-functioning state, or not immediately
11    accessible.
12    (d) Subsection 24-1(a)(1) does not apply to the purchase,
13possession or carrying of a black-jack or slung-shot by a peace
14officer.
15    (e) Subsection 24-1(a)(8) does not apply to any owner,
16manager or authorized employee of any place specified in that
17subsection nor to any law enforcement officer or a licensee
18under the Family and Personal Protection Act, notwithstanding
19Section 260-70 of that Act.
20    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
21Section 24-1.6 do not apply to members of any club or
22organization organized for the purpose of practicing shooting
23at targets upon established target ranges, whether public or
24private, while using their firearms on those target ranges.
25    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
26to:

 

 

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

 

 

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1firearms, or ammunition. This exemption does not authorize the
2general private possession of any device or attachment of any
3kind designed, used, or intended for use in silencing the
4report of any firearm, but only such possession and activities
5as are within the lawful scope of a licensed manufacturing
6business described in this subsection (g-5). During
7transportation, these devices shall be detached from any weapon
8or not immediately accessible.
9    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1024-1.6 do not apply to or affect any parole agent or parole
11supervisor who meets the qualifications and conditions
12prescribed in Section 3-14-1.5 of the Unified Code of
13Corrections.
14    (g-7) Subsection 24-1(a)(6) does not apply to a peace
15officer while serving as a member of a tactical response team
16or special operations team. A peace officer may not personally
17own or apply for ownership of a device or attachment of any
18kind designed, used, or intended for use in silencing the
19report of any firearm. These devices shall be owned and
20maintained by lawfully recognized units of government whose
21duties include the investigation of criminal acts.
22    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
24athlete's possession, transport on official Olympic and
25Paralympic transit systems established for athletes, or use of
26competition firearms sanctioned by the International Olympic

 

 

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1Committee, the International Paralympic Committee, the
2International Shooting Sport Federation, or USA Shooting in
3connection with such athlete's training for and participation
4in shooting competitions at the 2016 Olympic and Paralympic
5Games and sanctioned test events leading up to the 2016 Olympic
6and Paralympic Games.
7    (h) An information or indictment based upon a violation of
8any subsection of this Article need not negative any exemptions
9contained in this Article. The defendant shall have the burden
10of proving such an exemption.
11    (i) Nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession, of any
13pistol or revolver, stun gun, taser, or other firearm consigned
14to a common carrier operating under license of the State of
15Illinois or the federal government, where such transportation,
16carrying, or possession is incident to the lawful
17transportation in which such common carrier is engaged; and
18nothing in this Article shall prohibit, apply to, or affect the
19transportation, carrying, or possession of any pistol,
20revolver, stun gun, taser, or other firearm, not the subject of
21and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
22this Article, which is unloaded and enclosed in a case, firearm
23carrying box, shipping box, or other container, by the
24possessor of a valid Firearm Owners Identification Card.
25(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
26eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;

 

 

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197-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
2revised 8-23-12.)".