99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5792

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/65

    Amends the Firearm Concealed Carry Act. Provides that the prohibition on carrying a concealed firearm into a courthouse does not apply to a licensee who is a circuit or associate judge, State's Attorney, or Assistant State's Attorney; provided that the judge, State's Attorney, or Assistant State's Attorney does not carry a concealed firearm at any time while in a courtroom. Provides that the firearm, when it is not carried on the person of the judge, State's Attorney, or Assistant State's Attorney, shall be stored in a secure area in a locked compartment designated by the sheriff, or if in a building only under the control of the court in a locked compartment designated by the chief judge or resident judge. Effective immediately.


LRB099 19513 SLF 43906 b

 

 

A BILL FOR

 

HB5792LRB099 19513 SLF 43906 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
 
6    (430 ILCS 66/65)
7    Sec. 65. Prohibited areas.
8    (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10        (1) Any building, real property, and parking area under
11    the control of a public or private elementary or secondary
12    school.
13        (2) Any building, real property, and parking area under
14    the control of a pre-school or child care facility,
15    including any room or portion of a building under the
16    control of a pre-school or child care facility. Nothing in
17    this paragraph shall prevent the operator of a child care
18    facility in a family home from owning or possessing a
19    firearm in the home or license under this Act, if no child
20    under child care at the home is present in the home or the
21    firearm in the home is stored in a locked container when a
22    child under child care at the home is present in the home.
23        (3) Any building, parking area, or portion of a

 

 

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1    building under the control of an officer of the executive
2    or legislative branch of government, provided that nothing
3    in this paragraph shall prohibit a licensee from carrying a
4    concealed firearm onto the real property, bikeway, or trail
5    in a park regulated by the Department of Natural Resources
6    or any other designated public hunting area or building
7    where firearm possession is permitted as established by the
8    Department of Natural Resources under Section 1.8 of the
9    Wildlife Code.
10        (4) Any building designated for matters before a
11    circuit court, appellate court, or the Supreme Court, or
12    any building or portion of a building under the control of
13    the Supreme Court. This paragraph (4) does not apply to a
14    licensee who is a circuit or associate judge, State's
15    Attorney, or Assistant State's Attorney; provided that the
16    judge, State's Attorney, or Assistant State's Attorney
17    does not carry a concealed firearm at any time while in a
18    courtroom. The firearm, when it is not carried on the
19    person of the judge, State's Attorney, or Assistant State's
20    Attorney, shall be stored in a secure area in a locked
21    compartment designated by the sheriff, or if in a building
22    only under the control of the court in a locked compartment
23    designated by the chief judge or resident judge.
24        (5) Any building or portion of a building under the
25    control of a unit of local government.
26        (6) Any building, real property, and parking area under

 

 

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1    the control of an adult or juvenile detention or
2    correctional institution, prison, or jail.
3        (7) Any building, real property, and parking area under
4    the control of a public or private hospital or hospital
5    affiliate, mental health facility, or nursing home.
6        (8) Any bus, train, or form of transportation paid for
7    in whole or in part with public funds, and any building,
8    real property, and parking area under the control of a
9    public transportation facility paid for in whole or in part
10    with public funds.
11        (9) Any building, real property, and parking area under
12    the control of an establishment that serves alcohol on its
13    premises, if more than 50% of the establishment's gross
14    receipts within the prior 3 months is from the sale of
15    alcohol. The owner of an establishment who knowingly fails
16    to prohibit concealed firearms on its premises as provided
17    in this paragraph or who knowingly makes a false statement
18    or record to avoid the prohibition on concealed firearms
19    under this paragraph is subject to the penalty under
20    subsection (c-5) of Section 10-1 of the Liquor Control Act
21    of 1934.
22        (10) Any public gathering or special event conducted on
23    property open to the public that requires the issuance of a
24    permit from the unit of local government, provided this
25    prohibition shall not apply to a licensee who must walk
26    through a public gathering in order to access his or her

 

 

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1    residence, place of business, or vehicle.
2        (11) Any building or real property that has been issued
3    a Special Event Retailer's license as defined in Section
4    1-3.17.1 of the Liquor Control Act during the time
5    designated for the sale of alcohol by the Special Event
6    Retailer's license, or a Special use permit license as
7    defined in subsection (q) of Section 5-1 of the Liquor
8    Control Act during the time designated for the sale of
9    alcohol by the Special use permit license.
10        (12) Any public playground.
11        (13) Any public park, athletic area, or athletic
12    facility under the control of a municipality or park
13    district, provided nothing in this Section shall prohibit a
14    licensee from carrying a concealed firearm while on a trail
15    or bikeway if only a portion of the trail or bikeway
16    includes a public park.
17        (14) Any real property under the control of the Cook
18    County Forest Preserve District.
19        (15) Any building, classroom, laboratory, medical
20    clinic, hospital, artistic venue, athletic venue,
21    entertainment venue, officially recognized
22    university-related organization property, whether owned or
23    leased, and any real property, including parking areas,
24    sidewalks, and common areas under the control of a public
25    or private community college, college, or university.
26        (16) Any building, real property, or parking area under

 

 

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1    the control of a gaming facility licensed under the
2    Riverboat Gambling Act or the Illinois Horse Racing Act of
3    1975, including an inter-track wagering location licensee.
4        (17) Any stadium, arena, or the real property or
5    parking area under the control of a stadium, arena, or any
6    collegiate or professional sporting event.
7        (18) Any building, real property, or parking area under
8    the control of a public library.
9        (19) Any building, real property, or parking area under
10    the control of an airport.
11        (20) Any building, real property, or parking area under
12    the control of an amusement park.
13        (21) Any building, real property, or parking area under
14    the control of a zoo or museum.
15        (22) Any street, driveway, parking area, property,
16    building, or facility, owned, leased, controlled, or used
17    by a nuclear energy, storage, weapons, or development site
18    or facility regulated by the federal Nuclear Regulatory
19    Commission. The licensee shall not under any circumstance
20    store a firearm or ammunition in his or her vehicle or in a
21    compartment or container within a vehicle located anywhere
22    in or on the street, driveway, parking area, property,
23    building, or facility described in this paragraph.
24        (23) Any area where firearms are prohibited under
25    federal law.
26    (a-5) Nothing in this Act shall prohibit a public or

 

 

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1private community college, college, or university from:
2        (1) prohibiting persons from carrying a firearm within
3    a vehicle owned, leased, or controlled by the college or
4    university;
5        (2) developing resolutions, regulations, or policies
6    regarding student, employee, or visitor misconduct and
7    discipline, including suspension and expulsion;
8        (3) developing resolutions, regulations, or policies
9    regarding the storage or maintenance of firearms, which
10    must include designated areas where persons can park
11    vehicles that carry firearms; and
12        (4) permitting the carrying or use of firearms for the
13    purpose of instruction and curriculum of officially
14    recognized programs, including but not limited to military
15    science and law enforcement training programs, or in any
16    designated area used for hunting purposes or target
17    shooting.
18    (a-10) The owner of private real property of any type may
19prohibit the carrying of concealed firearms on the property
20under his or her control. The owner must post a sign in
21accordance with subsection (d) of this Section indicating that
22firearms are prohibited on the property, unless the property is
23a private residence.
24    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
25this Section except under paragraph (22) or (23) of subsection
26(a), any licensee prohibited from carrying a concealed firearm

 

 

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1into the parking area of a prohibited location specified in
2subsection (a), (a-5), or (a-10) of this Section shall be
3permitted to carry a concealed firearm on or about his or her
4person within a vehicle into the parking area and may store a
5firearm or ammunition concealed in a case within a locked
6vehicle or locked container out of plain view within the
7vehicle in the parking area. A licensee may carry a concealed
8firearm in the immediate area surrounding his or her vehicle
9within a prohibited parking lot area only for the limited
10purpose of storing or retrieving a firearm within the vehicle's
11trunk. For purposes of this subsection, "case" includes a glove
12compartment or console that completely encloses the concealed
13firearm or ammunition, the trunk of the vehicle, or a firearm
14carrying box, shipping box, or other container.
15    (c) A licensee shall not be in violation of this Section
16while he or she is traveling along a public right of way that
17touches or crosses any of the premises under subsection (a),
18(a-5), or (a-10) of this Section if the concealed firearm is
19carried on his or her person in accordance with the provisions
20of this Act or is being transported in a vehicle by the
21licensee in accordance with all other applicable provisions of
22law.
23    (d) Signs stating that the carrying of firearms is
24prohibited shall be clearly and conspicuously posted at the
25entrance of a building, premises, or real property specified in
26this Section as a prohibited area, unless the building or

 

 

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1premises is a private residence. Signs shall be of a uniform
2design as established by the Department and shall be 4 inches
3by 6 inches in size. The Department shall adopt rules for
4standardized signs to be used under this subsection.
5(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.