Synopsis As Introduced Creates the Family and Personal Protection Act. Permits the county sheriff to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.
Home Rule Note (Dept. of Commerce & Economic Opportunity)
HB 148 does pre-empt home rule authority.
Fiscal Note (Illinois State Police)
The fiscal impact for HB 148 is as follows: The Firearms Services Bureau (FSB) would need the additional personnel and equipment: three additional personnel and equipment required to assists sheriffs for prohibiting issues (approximately $200,000.00 salary/benefits funding required). Start up Costs (FOID Mainframe and database modifications) = $500,000; Application to apply development = $20,000; Annual Costs (3 personnel salary/benefits) = $200,000; Total Estimated Costs = $720,000.
Balanced Budget Note (Office of Management and Budget)
The overall fiscal impact to the State will be minimal in the form of some administrative costs at the State level.
House Floor Amendment No. 1 Provides that a concealed firearm permit does not authorize a person to carry a concealed firearm into any public library without the authorization or approval by the governing entity of the library.
Replaces everything after the enacting clause. Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to carry a loaded or unloaded handgun to an applicant that meets specified qualifications, has provided the application and specified documentation, and has submitted the requisite fees. Provides that a license to carry a handgun entitles a licensee to carry a loaded handgun, either concealed or openly, on or about his or her person or in a vehicle, except in certain prohibited locations. Provides that the license shall be issued by the Department of State Police within 45 days of receipt from a sheriff and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides that it is declared to be the policy of the State that it is an exclusive power and function of the State to regulate the possession and transportation of handguns and the issuance of licenses to carry handguns. Provides that with certain exceptions a home rule unit shall not regulate the possession or transportation of handguns. Provides that a home rule unit shall not regulate the number of handguns or require registration of handguns possessed by a person licensed under the Act. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act. Includes the Citizen Safety and Self-Defense Trust Fund as a special fund in the State treasury. Amends the Criminal Code of 1961. Provides that the statute concerning unauthorized possession or storage of weapons does not apply to a person acting lawfully under the Family and Personal Protection Act. Provides that certain unlawful use of weapons provisions relating to unlawful use of a weapon do not apply to or affect a licensee who has been issued a license to carry a handgun under the Family and Personal Protection Act, notwithstanding the provisions of that Act prohibiting the carrying of a handgun in certain places.
House Floor Amendment No. 3 Changes references from "handgun" and "weapon" to "concealed firearm". Provides that a concealed firearm licensee who is prohibited from carrying a concealed firearm in certain places shall be permitted to store that handgun or ammunition out of plain sight in a locked vehicle or within a locked compartment or container within his or her vehicle. Provides that a licensee shall not be in violation of the Family and Personal Protection Act while he or she is traveling along a public right of way that touches or crosses any of the prohibited premises if the handgun is carried on his or her person in accordance with the provisions of the Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Adds an immediate effective date to the bill.
Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
This legislation has no fiscal or population impact on the Department of Corrections.
Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
HB 148 (H-AM 2) does pre-empt home rule authority.
Fiscal Note, House Floor Amendment No. 2 (Illinois State Police)
HB 148 (H-AM 2) fiscal impact is as follows: With a conservative estimate of 325,000 permit applications in the first year, the Illinois State Police (ISP) will require twenty-five new civilian personnel plus two contractual employees for six months each, and $51,000 for equipment and materials representing an increase of approximately $2,978,038 to properly administer this mandate. HB 148 will also generate revenue for the Illinois State Police. The FY 12 total revenue projections are estimated to be at $31,875,000. These estimates are conservative and based on record levels of FOID card applications and firearm transfer requests over the last four years. At the same time, the Illinois State Police will continue to process record levels of FOID applications.