Full Text of HB3987 93rd General Assembly
HB3987 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB3987
Introduced 1/6/2004, by John J. Millner SYNOPSIS AS INTRODUCED: |
|
New Act |
|
430 ILCS 65/13.1 |
from Ch. 38, par. 83-13.1 |
|
Creates the Retired Officers Security Act. Permits the
Department of State
Police to issue permits to carry concealed firearms to retired peace officers
and retired military who have served honorably for at least 10 years. Provides
that permits to carry a concealed firearm shall be valid throughout the State for a period of 4 years from the date of issuance. Provides that a person in compliance with the terms of the permit
may carry concealed firearms on or about his or her person. Provides that the
permittee shall carry the permit at all times the permittee is carrying a
concealed firearm and shall display the permit upon the request of a law
enforcement officer. Establishes firearm proficiency tests for applicants for
concealed carry permits. Repeals the Act on January 1, 2010. Amends the
Firearm Owners Identification Card Act.
Pre-empts home rule regulation of the issuance of
concealed carry permits. Effective immediately.
|
|
|
|
|
FISCAL NOTE ACT MAY APPLY
| |
HOME RULE NOTE ACT MAY APPLY MAY APPLY
|
|
|
A BILL FOR
|
|
|
|
|
HB3987 |
|
LRB093 15267 RLC 40867 b |
|
| 1 |
| AN ACT concerning firearms.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the | 5 |
| Retired Officers
Security Act.
| 6 |
| Section 5. Legislative declaration. The General Assembly | 7 |
| finds that as a
matter of public policy it
is necessary to | 8 |
| provide statewide uniform standards for issuing permits to
| 9 |
| carry concealed
firearms for retired peace officers and that no | 10 |
| person who does not qualify
under the provisions of
this Act | 11 |
| receives a permit to carry concealed firearms. The General | 12 |
| Assembly
recognizes that it
already regulates the use and | 13 |
| possession of concealed firearms under Sections
24-1 and 24-1.6
| 14 |
| of the Criminal Code of 1961 and that the regulation of | 15 |
| concealed firearms is
an exclusive
statewide function. The | 16 |
| General Assembly does not delegate to the Department of
State | 17 |
| Police
the authority to regulate or restrict the issuing of | 18 |
| concealed firearms permits
provided for in this
Act beyond | 19 |
| those provisions contained in this Act.
| 20 |
| Section 10. Definitions. As used in this Act:
| 21 |
| "Concealed firearm" means a handgun carried on or about a | 22 |
| person completely
or mostly
concealed from view of the public, | 23 |
| or carried in a vehicle in such a way as it
is concealed from
| 24 |
| view of the public.
| 25 |
| "Department" means the Department of State Police.
| 26 |
| "Director" means the Director of State Police.
| 27 |
| "Fund" means the Retired Officers Security Trust Fund.
| 28 |
| "Handgun" has the meaning ascribed to it in subsection | 29 |
| (A)(h) of Section 24-3
of the Criminal
Code of 1961.
| 30 |
| "Permit" means a permit to carry a concealed firearm issued | 31 |
| by the Department
of State Police.
|
|
|
|
HB3987 |
- 2 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| "Permittee" means a person who is issued a permit to carry | 2 |
| a concealed
firearm by the
Department of State Police.
| 3 |
| Section 15. Retired Officers Security Fund.
| 4 |
| (a) There is created the Retired Officers Security Trust | 5 |
| Fund. The Fund shall
be maintained apart
from the State | 6 |
| treasury and shall be administered by the Department. Moneys
| 7 |
| from federal and State sources may be deposited into the Fund. | 8 |
| Fees from
applications for new,
renewal, corrected, and | 9 |
| duplicate concealed firearms permits shall be deposited
into
| 10 |
| the Fund. The Department may invest the moneys in the Fund, and | 11 |
| any income on
these
investments shall be reinvested in the | 12 |
| Fund.
| 13 |
| (b) The Department shall use the moneys in the Fund | 14 |
| exclusively for the
administration of this
Act.
| 15 |
| Section 20. Permit for concealed firearms.
The Department | 16 |
| of State Police is authorized to issue permits to carry
| 17 |
| concealed firearms to
persons qualified as provided in this | 18 |
| Act. Permits to carry a concealed firearm
shall be valid
| 19 |
| throughout the State for a period of 4 years from the date of
| 20 |
| issuance. Any person in compliance with the terms of the permit | 21 |
| may carry
concealed firearms
on or about his or her person. The | 22 |
| permittee shall carry the permit at all
times the permittee is
| 23 |
| carrying a concealed firearm and shall display the permit upon | 24 |
| the request of a
law enforcement
officer. The permit is valid | 25 |
| throughout the State.
| 26 |
| Section 25. Application for permit and qualifications of | 27 |
| applicants.
| 28 |
| (a) An applicant for a permit shall obtain the application | 29 |
| from the
Department of State Police. The
completed application | 30 |
| and all accompanying material plus an application fee of
$100 | 31 |
| for a new
permit or $75 for a renewal shall be submitted to the | 32 |
| Department of State
Police.
| 33 |
| (b) The Department of State Police, upon a person's |
|
|
|
HB3987 |
- 3 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| application for a
concealed firearms permit,
upon receipt of | 2 |
| the appropriate fees, and after compliance with the procedures
| 3 |
| set out in this
Section, shall issue the applicant a concealed | 4 |
| firearms permit if the person:
| 5 |
| (1) resides within the State of Illinois and has been a | 6 |
| resident for the
last
6 months and is a
permanent resident | 7 |
| of the United States;
| 8 |
| (2) has not been convicted of a crime punishable by | 9 |
| imprisonment for a term
exceeding one
year, or of a | 10 |
| misdemeanor evidencing violence, is not free on any form of | 11 |
| bond
or pretrial release,
and has no outstanding warrants | 12 |
| for those crimes;
| 13 |
| (3) has no record of mental disease or mental illness | 14 |
| on file with the
Department of State Police or the | 15 |
| Department of Human Services
that would evidence | 16 |
| incapacity, or lack of proper mental capacity;
| 17 |
| (4) has not been committed to a state or federal | 18 |
| facility for the abuse of
a controlled substance
or | 19 |
| cannabis or has not been convicted of a misdemeanor | 20 |
| violation of the
Illinois Controlled
Substances Act or the | 21 |
| Cannabis Control Act or similar laws of any other state
| 22 |
| relating to
controlled substances or cannabis within a | 23 |
| 10-year period immediately preceding
the date on
which the | 24 |
| application is submitted; and
| 25 |
| (5) shows proof that he or she either:
| 26 |
| (A) is a graduate of a police training institute or | 27 |
| academy, who after
graduating served for at least
10 | 28 |
| years as a sworn, full-time peace officer qualified to | 29 |
| carry firearms for
any federal or State
department or | 30 |
| agency or for any unit of local government of Illinois | 31 |
| and has
retired as a local,
State, or federal peace | 32 |
| officer in a publicly created peace officer retirement
| 33 |
| system; whose
service in law enforcement was honorably | 34 |
| terminated through retirement or
disability and not as | 35 |
| a
result of discipline, suspension, discharge, or | 36 |
| decertification by the Illinois
Law Enforcement |
|
|
|
HB3987 |
- 4 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| Training Standards Board; or
| 2 |
| (B) served for at least 10 years as a member of the | 3 |
| United States Armed
Forces whose service
was honorably | 4 |
| terminated and not as a result of discipline, | 5 |
| suspension, or
discharge.
| 6 |
| Section 30. Contents of application. The initial | 7 |
| application shall be in
writing, under oath and
under the | 8 |
| penalties of perjury, on a standard form promulgated by the
| 9 |
| Department of State Police,
and shall be accompanied by the | 10 |
| appropriate fees and required documentation.
The application
| 11 |
| shall contain only the following information:
| 12 |
| (1) the applicant's name, address, gender, and date and | 13 |
| place of birth;
| 14 |
| (2) a head and shoulder color photograph taken within | 15 |
| 30 days preceding
the
date on which the
application is | 16 |
| submitted;
| 17 |
| (3) questions to certify or demonstrate the applicant | 18 |
| has completed a
firearms and deadly use of
force training | 19 |
| and education prerequisites specified under this Act;
| 20 |
| (4) a statement that the applicant is a resident of the | 21 |
| State of
Illinois and
has been a resident for
the last 6 | 22 |
| months and is a permanent resident of the United States;
| 23 |
| (5) a waiver of privacy and confidentiality rights and | 24 |
| privileges
enjoyed by
the applicant under all
federal and | 25 |
| State laws governing access to juvenile court, criminal | 26 |
| justice,
psychological or
psychiatric records, or records | 27 |
| relating to the applicant's history of
| 28 |
| institutionalization, and an
affirmative request that any | 29 |
| person having custody of any such record provide
it or | 30 |
| information
concerning it to the Department;
| 31 |
| (6) a conspicuous warning that false statements made by | 32 |
| the applicant
will
result in prosecution
for perjury in | 33 |
| accordance with Section 32-2 of the Criminal Code of 1961;
| 34 |
| (7) that the applicant possesses a currently valid | 35 |
| Illinois Firearm
Owner's
Identification Card,
together |
|
|
|
HB3987 |
- 5 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| with the card number, or is applying for the card in | 2 |
| conjunction with
the concealed
firearms permit | 3 |
| application;
| 4 |
| (8) an affirmation that the applicant has never been | 5 |
| convicted of any
felony;
| 6 |
| (9) the applicant's signature, under oath, attesting | 7 |
| to the following
statement: "I, the
undersigned, state,
| 8 |
| under oath and subject to the penalty of perjury, that I am | 9 |
| not a streetgang
member as defined in
Section 10 of the | 10 |
| Illinois Streetgang Terrorism Omnibus Prevention Act and | 11 |
| that
I
will not join or
become associated with a criminal | 12 |
| streetgang."; and
| 13 |
| (10) appropriate documentation to support that the | 14 |
| applicant meets the
requirements of clause (b)(5) of | 15 |
| Section 25 of this Act.
| 16 |
| Section 35. Submission of identifying information; fee.
In | 17 |
| addition to the completed application, the applicant must | 18 |
| submit the
following information to
the Department of State | 19 |
| Police:
| 20 |
| (i) a head and shoulder color photograph as required by | 21 |
| Section 30 in a
size specified by the
Department of State | 22 |
| Police taken within 30 days preceding the date on which
the | 23 |
| application is
submitted;
| 24 |
| (ii) a non-refundable permit fee of $100 if he or she | 25 |
| has not previously
been
issued such a permit
by the | 26 |
| Department of State Police, or a non-refundable permit fee | 27 |
| of $75 for
each renewal of a
permit;
| 28 |
| (iii) a full set of legible fingerprints administered | 29 |
| to the applicant
by
the
Department of State
Police, or any | 30 |
| other federal, State, county, or municipal law enforcement
| 31 |
| agency; any cost of
fingerprinting shall be paid by the | 32 |
| applicant; and
| 33 |
| (iv) a photocopy of a certificate or other evidence of | 34 |
| completion of a
course
to show compliance
with Section 90 | 35 |
| of this Act.
|
|
|
|
HB3987 |
- 6 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| Section 40. Approval of application.
| 2 |
| (a) If the Department of State Police finds that the | 3 |
| applicant possesses a
valid Firearm Owner's
Identification | 4 |
| Card, meets the training requirements of this Act, and has
| 5 |
| provided the
documentation and paid the fees required for | 6 |
| issuance of a concealed firearms
permit and that,
as nearly as | 7 |
| it is possible to determine, nothing in the applicant's | 8 |
| background
or present
circumstances disqualify him or her from | 9 |
| possessing a firearm in Illinois, it
shall approve the
| 10 |
| application and issue the applicant a wallet-sized permit | 11 |
| bearing the
photograph of the applicant
within 90 days.
| 12 |
| (b) If the applicant is found to be ineligible, the | 13 |
| Department of State
Police shall deny the
application and | 14 |
| notify the applicant in writing, stating the grounds for
denial | 15 |
| and informing the
applicant of the right to submit, within 30 | 16 |
| days, any additional documentation
relating to the
grounds of | 17 |
| the denial. Upon receiving any additional documentation, the
| 18 |
| Department of State
Police shall reconsider its decision and | 19 |
| inform the applicant within 30 days of
the result of the
| 20 |
| reconsideration. The applicant shall further be informed of the | 21 |
| right to appeal
the denial
in the circuit court of his or her | 22 |
| place of residence.
| 23 |
| (c) The Department of State Police shall maintain an | 24 |
| automated listing of
permit holders and
pertinent information, | 25 |
| and this information shall be available on-line, upon
request, | 26 |
| at all times to
all Illinois law enforcement agencies. Except | 27 |
| as provided in this subsection,
information on
applications for | 28 |
| permits, names and addresses, or other identifying information
| 29 |
| relating to permit
holders shall be confidential and shall not | 30 |
| be made available except to law
enforcement agencies.
Requests | 31 |
| for information about any permit holder made by persons other | 32 |
| than a
bona fide law
enforcement agency shall be made to the | 33 |
| Department of State Police together
with any fee
required for | 34 |
| the providing of information. The Department of State Police
| 35 |
| shall, upon proper
application and the payment of the required |
|
|
|
HB3987 |
- 7 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| fee, provide to the requester, in
written form only, a
list of | 2 |
| names of any or all holders in the State of Illinois licensed | 3 |
| to carry
a concealed firearm. No
identifying information other | 4 |
| than the name shall be provided, and information
for geographic
| 5 |
| areas or other subdivisions of any type from the list shall not | 6 |
| be provided,
except to a bona fide
law enforcement agency, and | 7 |
| shall be confidential. No requests for lists of
local or | 8 |
| statewide
permit holders shall be made to any State or local | 9 |
| law enforcement agency. No
other
agency of government other | 10 |
| than the Department of State Police shall provide
any | 11 |
| information to
a requester not entitled to it by law. The names | 12 |
| of all persons, other than law
enforcement
agencies and peace | 13 |
| officers, requesting information under this Section shall be
| 14 |
| public records.
| 15 |
| Section 45. Revocation of a permit. A permit issued under | 16 |
| Section 40 shall
be suspended or revoked if the permit
holder | 17 |
| becomes
ineligible to be issued a permit under the criteria set | 18 |
| forth in clauses (b)(1), (2), (3), (4), and (5)
of Section 25 | 19 |
| or subsection (b) of Section 40 of this Act. When an order
of | 20 |
| protection
is issued under Section 112A-14 of the Code of | 21 |
| Criminal Procedure of 1963 or
under Section
214 of the Illinois | 22 |
| Domestic Violence Act of 1986 against a person holding a
permit | 23 |
| issued under
this Act, the holder of the permit shall surrender | 24 |
| the permit to the court or
to the officer serving
the order. | 25 |
| The officer to whom the permit is surrendered shall forthwith
| 26 |
| transmit the permit to the
court issuing the order. The permit | 27 |
| shall be suspended until the order is
terminated.
| 28 |
| Section 50. Notification of renewal. Not later than 120 | 29 |
| days before the
expiration of any permit
issued under this Act, | 30 |
| the Department of State Police shall notify the permit
holder | 31 |
| in writing of
the expiration and furnish an application for | 32 |
| renewal of the permit.
| 33 |
| Section 55. Renewal of permit.
|
|
|
|
HB3987 |
- 8 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| (a) The permit shall be renewed for a qualified applicant | 2 |
| upon receipt of the
properly completed
renewal application and | 3 |
| required renewal fee. The renewal application shall
contain the | 4 |
| same
required information as set forth in paragraphs (1) | 5 |
| through (9) of Section 30,
except that in
lieu of the firearm | 6 |
| education and use of deadly force training, the applicant
need | 7 |
| only
demonstrate previous issuance of and continued | 8 |
| eligibility for a concealed
firearms permit.
| 9 |
| (b) A permittee who fails to file a renewal application on | 10 |
| or before its
expiration date must pay an
additional late fee | 11 |
| of $25. A person who fails to renew his or her application
| 12 |
| within 6 months after
it's expiration must reapply for a new | 13 |
| permit and pay the fee for a new
application.
| 14 |
| Section 60. Change of address, change of name, or lost or | 15 |
| destroyed permits.
| 16 |
| (a) Within 30 days after the changing of a permanent | 17 |
| residence, or within 30
days after loss or
destruction of a | 18 |
| concealed firearms permit, the permittee shall notify the
| 19 |
| Department of State
Police of the loss, destruction, change of | 20 |
| name, or change of residence.
Failure to notify the
Department | 21 |
| of State Police shall constitute a noncriminal violation with a
| 22 |
| penalty of $25 payable
to the Department of State Police.
| 23 |
| (b) If a person issued a permit to carry a concealed | 24 |
| firearm changes
residence within this State,
or changes his or | 25 |
| her name, the person to whom the permit was issued may upon
| 26 |
| payment of
$25 to the Department of State Police obtain a | 27 |
| corrected concealed firearms
permit with a change
of address or | 28 |
| change of name upon furnishing a notarized statement to the
| 29 |
| Department of State
Police that the permittee has changed | 30 |
| residence, or his or her name, and upon
submission of an | 31 |
| application as set forth in Section 25 and photograph as set
| 32 |
| forth in paragraph
(2) of Section 30 of this Act. A concealed | 33 |
| firearms permit shall be
automatically invalid after 30
days if | 34 |
| the permittee has not notified the Department of State Police | 35 |
| of a
change of residence.
|
|
|
|
HB3987 |
- 9 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| (c) If a permit to carry a concealed firearm is lost or | 2 |
| destroyed, the permit
shall be automatically
invalid, and the | 3 |
| person to whom the permit was issued may upon payment of $25
to | 4 |
| the Department of State Police obtain a duplicate, upon | 5 |
| furnishing a
notarized statement
to the Department of State | 6 |
| Police that the permit was lost or destroyed and
submission of | 7 |
| an
application as set forth in Section 25 and photograph as set | 8 |
| forth in paragraph
(2) of Section 30 of
this Act.
| 9 |
| Section 65. Concealed firearms permit.
| 10 |
| (a) A concealed firearm permit shall authorize the person | 11 |
| in whose name the
permit is issued to carry concealed firearms | 12 |
| on or about his or her person or
vehicle throughout the State. | 13 |
| No permit issued under this Section shall
authorize
any person | 14 |
| to carry a concealed firearm into or
upon:
| 15 |
| (i) Any police, sheriff, or Department of State Police | 16 |
| office or station without the
consent of the chief law
| 17 |
| enforcement officer in charge of that office or station.
| 18 |
| (ii) The facility of any adult or juvenile detention or | 19 |
| correctional
institution, prison, or jail.
| 20 |
| (iii) Any courthouse, solely occupied by the Circuit, | 21 |
| Appellate, or
Supreme
Court, or a courtroom
of any of those | 22 |
| courts, or court proceeding, except that nothing in this
| 23 |
| Section shall preclude a
judge, holding a concealed firearm | 24 |
| permit, from carrying a concealed firearm
within a | 25 |
| courthouse.
| 26 |
| (iv) Any meeting of the governing body of a unit of | 27 |
| local government; or
any
meeting of the
General Assembly or | 28 |
| a committee of the General Assembly, except that nothing in
| 29 |
| this Section
shall preclude a member of the body, holding a | 30 |
| concealed firearms permit, from
carrying a
concealed | 31 |
| firearm at a meeting of the body which he or she is a | 32 |
| member.
| 33 |
| (v) The General Assembly may by statute, and the county | 34 |
| or municipality
may by
ordinance, prohibit or limit the | 35 |
| carrying of concealed firearms by permit
holders in that |
|
|
|
HB3987 |
- 10 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| portion of a
building owned, leased, or controlled by that | 2 |
| unit of government. That portion
of a building in
which the | 3 |
| carrying of concealed firearms is prohibited or limited | 4 |
| shall be
clearly identified by signs
posted at the entrance | 5 |
| to the restricted area. The statute or ordinance shall
| 6 |
| exempt
any building used for public housing by private | 7 |
| persons, highways or rest
areas, firing ranges,
and private | 8 |
| dwellings owned, leased, or controlled by that unit of | 9 |
| government
from any restriction
on the carrying or | 10 |
| possession of a firearm. The statute or ordinance shall not
| 11 |
| specify any criminal
penalty for its violation but may | 12 |
| specify that persons violating the statute or
ordinance may | 13 |
| be
denied entrance to the building, ordered to leave the | 14 |
| building, and, if the
employees of the unit of
government, | 15 |
| be subjected to disciplinary measures for violation of the
| 16 |
| provisions of the statute or
ordinance. The provisions of | 17 |
| this Section shall not apply to any
other unit of | 18 |
| government.
| 19 |
| (vi) Any portion of an establishment licensed to | 20 |
| dispense beer or
alcoholic
beverages for
consumption on the | 21 |
| premises, which portion of the establishment is primarily
| 22 |
| devoted to that
purpose. This paragraph (vi) does not apply | 23 |
| to any bona fide restaurant open to
the general
public | 24 |
| having dining facilities for not less than 50 persons and | 25 |
| that receives
at least 50% of its
gross annual income from | 26 |
| the dining facilities by the sale of food.
| 27 |
| (vii) Any area of an airport to which access is | 28 |
| controlled by the
inspection of
persons and
property.
| 29 |
| (viii) Any place where the carrying of a firearm is | 30 |
| prohibited by federal
law.
| 31 |
| (ix) Any elementary or secondary school facility | 32 |
| without the consent of
school
authorities.
| 33 |
| (x) Any portion of a building used as a child care | 34 |
| facility without the
consent of the manager.
Nothing in | 35 |
| this Section shall prevent the operator of a child care | 36 |
| facility in
a family home from
owning or possessing a |
|
|
|
HB3987 |
- 11 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| firearm or permit.
| 2 |
| (xi) A riverboat gambling operation or horse racing | 3 |
| facility accessible
by the
public.
| 4 |
| (xii) Any gated area of an amusement park.
| 5 |
| (xiii) Any stadium, arena, or collegiate or | 6 |
| professional sporting event.
| 7 |
| (xiv) A church or other place of religious worship.
| 8 |
| A violation of this subsection (a) is a Class C | 9 |
| misdemeanor.
| 10 |
| (b) A concealed firearm permit does not authorize the | 11 |
| concealed carrying or
transportation of a stun
gun or taser.
| 12 |
| Section 70. Immunity of Department, sheriff, municipal | 13 |
| police department, and
their employees
and agents.
The | 14 |
| Department of State Police, office of the county sheriff, or | 15 |
| municipal
police department, and any
employee or agent of the | 16 |
| Department of State Police, county sheriff, or
municipal police
| 17 |
| department is not liable for damages in any civil action | 18 |
| arising from
alleged wrongful or
improper granting, renewing, | 19 |
| or failure to revoke permits issued under
this Act.
| 20 |
| Section 80. Fees.
| 21 |
| (a) Fees collected under this Act and deposited into the | 22 |
| Retired Officers
Security Trust
Fund shall be used exclusively | 23 |
| for administering the provisions of this Act;
except that,
| 24 |
| commencing January 1, 2005, any excess moneys in the Fund may | 25 |
| be used to ensure
the prompt
and efficient processing of | 26 |
| applications received under Section 30 of this Act.
| 27 |
| (b) Fees for a concealed firearms permit shall be:
|
|
28 | | New permit ..................................... |
$100 |
|
29 | | Renewal ........................................ |
$75 |
|
30 | | Duplicate due to lost or destroyed ............. |
$25 |
|
31 | | Corrected permit due to change of address |
|
|
32 | | or name ....................................... |
$25 |
|
33 | | Late renewal fee ............................... |
$25 |
|
|
|
|
HB3987 |
- 12 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| Section 85. Applicant training.
| 2 |
| (a) The applicant training course shall be the standardized | 3 |
| training course
furnished by the
Department and taught by a | 4 |
| qualified firearms instructor, consisting of:
| 5 |
| (1) Eight hours of classroom instruction, covering at | 6 |
| least the following
topics:
| 7 |
| (i) handgun safety in the classroom, at home, on | 8 |
| the firing range, or
while
carrying the firearm;
| 9 |
| (ii) the basic principles of marksmanship;
| 10 |
| (iii) care and cleaning of handguns; and
| 11 |
| (iv) by means of a videotape produced or approved | 12 |
| by the Department:
| 13 |
| (A) the requirements for obtaining a concealed | 14 |
| firearms permit in this
State;
| 15 |
| (B) laws relating to firearms as prescribed in | 16 |
| the Firearm Owners
Identification
Card Act, | 17 |
| Article 24 of the Criminal Code of 1961, and 18 | 18 |
| U.S.C. 921 through
930; and
| 19 |
| (C) laws relating to the justifiable use of | 20 |
| force as prescribed in
Article 7
of the Criminal | 21 |
| Code of
1961.
| 22 |
|
(2) Live firing exercises of sufficient duration for | 23 |
| each applicant to fire:
| 24 |
| (i) a handgun from a standing position;
| 25 |
| (ii) a minimum of 20 rounds; and
| 26 |
| (iii) at a distance from a B-21 silhouette target, | 27 |
| or an equivalent as
approved by the
Department, of 7 | 28 |
| yards.
| 29 |
| (b) The classroom portion of the course may be, at the | 30 |
| qualified firearms
instructor's discretion,
divided into | 31 |
| segments of not less than 2 hours each.
| 32 |
| (c) (1) An applicant training course shall not be open to | 33 |
| persons who are
less than 21 years of
age.
| 34 |
| (2) An applicant training course students shall | 35 |
| complete a course
application form, which shall
include a | 36 |
| statement acknowledging receipt of copies of pertinent |
|
|
|
HB3987 |
- 13 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| statutory
provisions listed in
clauses (A), (B), and (C) of | 2 |
| subparagraph (iv) of paragraph (1) of subsection
(a)
and a | 3 |
| liability waiver.
| 4 |
| (3) The course application form may be obtained from | 5 |
| the qualified
firearms
instructor at the time
of the | 6 |
| course.
| 7 |
| (d) At the conclusion of the classroom portion of the | 8 |
| applicant training
course, the qualified
firearms instructor | 9 |
| shall:
| 10 |
| (1) distribute a standard course examination to the | 11 |
| students;
| 12 |
| (2) not leave the room in which the examination is | 13 |
| being held while the
examination is in
progress;
| 14 |
| (3) collect examination booklets and answer sheets | 15 |
| from each student at the
end of the
examination period;
| 16 |
| (4) not grade the examinations in the presence of | 17 |
| students; and
| 18 |
| (5) not divulge an applicant's numeric score on the day | 19 |
| of the examination,
but may indicate
whether an applicant | 20 |
| passed or failed the examination.
| 21 |
| (e) A person shall not:
| 22 |
| (1) make an unauthorized copy of the applicant training | 23 |
| course examination,
in whole or in part;
| 24 |
| (2) possess the applicant training course examination, | 25 |
| or questions from
the examination, unless
authorized by the | 26 |
| Department; or
| 27 |
| (3) divulge the contents of an applicant training | 28 |
| course examination
questions to another person.
| 29 |
| (f) (1) Students shall provide their own safe, functional | 30 |
| handgun and
factory-loaded ammunition.
| 31 |
| (2) Prior to conducting range firing, the certified
| 32 |
| firearms instructor shall:
| 33 |
| (i) inspect each applicant's firearm; and
| 34 |
| (ii) not allow the firing of a handgun that is not | 35 |
| in sound mechanical
condition or otherwise may
pose a | 36 |
| safety hazard.
|
|
|
|
HB3987 |
- 14 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| (g) Grades of "passing" shall not be given on range work
to | 2 |
| an applicant who:
| 3 |
| (1) does not follow the orders of the certified | 4 |
| firearms instructor;
| 5 |
| (2) in the judgment of the certified firearms | 6 |
| instructor, handles a firearm
in
a manner that poses a
| 7 |
| danger to the applicant or to others; or
| 8 |
| (3) during the testing portion of the range work fails | 9 |
| to hit the
silhouette
portion of the target with
a majority | 10 |
| of 20 rounds.
| 11 |
| (h) Certified firearms instructors shall:
| 12 |
| (1) allow monitoring of their classes by officials of | 13 |
| any certifying
agency;
| 14 |
| (2) make all course records available upon demand to | 15 |
| authorized personnel
of
the Department;
and
| 16 |
| (3) not divulge course records except as authorized by | 17 |
| the certifying
agency.
| 18 |
| (i) (1) Fees for applicant training courses shall not | 19 |
| exceed $75 per student.
| 20 |
| (2) Qualified firearms instructors shall collect the | 21 |
| fee and remit $25 of
the fee to the Department.
| 22 |
| (3) Fees shall not be refunded to students who fail or | 23 |
| otherwise do not
complete the course.
| 24 |
| (j) An applicant training course shall not have more than | 25 |
| 40 students in the
classroom portion or
more than 10 students | 26 |
| per range officer engaged in range firing.
| 27 |
| (k) Within 3 working days after the completion of the | 28 |
| course, the certified
firearms instructor shall:
| 29 |
| (1) grade the examinations; and
| 30 |
| (2) mail to the Department:
| 31 |
| (i) the completed course application form, showing | 32 |
| the student's score on
the written examination
and | 33 |
| indicating whether the student passed or failed the | 34 |
| range work; and
| 35 |
| (ii) the graded examinations.
| 36 |
| (l) Within 15 days after receipt of the material described |
|
|
|
HB3987 |
- 15 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| in section (k),
the Department shall
mail to the applicant:
| 2 |
| (i) a certificate of successful course completion; | 3 |
| or
| 4 |
| (ii) notification that the applicant has failed | 5 |
| the course and will not
be
certified.
| 6 |
| (m) A student shall be issued a certificate of completion | 7 |
| if he or she:
| 8 |
| (i) answers at least 70% of the written examination | 9 |
| questions correctly;
and
| 10 |
| (ii) achieves a grade of "passing" on the range | 11 |
| work.
| 12 |
| (n) (1) Students who score below 70% on the written | 13 |
| examination may retake
the examination one
time without having | 14 |
| to retake the course.
| 15 |
| (2) Students who do not achieve a grade of "passing" on the | 16 |
| range work
may
repeat the range
work one time without having to | 17 |
| retake the course.
| 18 |
| (3) Notices of failure shall include information on whether | 19 |
| the student
failed
the written exam, the
range firing, or both.
| 20 |
| Section 90. Firearms instructors training.
| 21 |
| (a) Persons who are not qualified firearms instructors | 22 |
| shall not teach
applicant training courses.
| 23 |
| (b) Persons who are not qualified firearms instructors | 24 |
| shall not advertise or
otherwise represent
courses they teach | 25 |
| as qualifying their students to meet the requirements to
| 26 |
| receive a permit to
carry concealed firearms in this State.
| 27 |
| (c) Persons who are not certified instructor trainers shall | 28 |
| not teach
instructor qualification courses.
| 29 |
| (d) Persons wishing to become qualified firearms | 30 |
| instructors shall:
| 31 |
| (1) be at least 21 years of age;
| 32 |
| (2) be a citizen of the United States; and
| 33 |
| (3) meet the requirements of subsection (b) of Section | 34 |
| 25.
| 35 |
| (e) Persons wishing to become instructor trainers, in |
|
|
|
HB3987 |
- 16 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| addition to the
requirements of subsection (d) of this Section, | 2 |
| shall:
| 3 |
| (1) possess a high school diploma or GED certificate;
| 4 |
| (2) have at least one of the following valid firearms | 5 |
| instructor
certifications:
| 6 |
| (I) National Rifle Association Personal Protection | 7 |
| Instructor;
| 8 |
| (II) National Rifle Association Pistol | 9 |
| Marksmanship Instructor;
| 10 |
| (III) certification from a firearms instructor's | 11 |
| course offered by a
State or
federal governmental
| 12 |
| agency; or
| 13 |
| (IV) a similar firearms instructor qualifying | 14 |
| course, approved the
Director of
State Police or his
or | 15 |
| her designee.
| 16 |
| (f) (1) Applicants shall agree to background checks.
| 17 |
| (2) An applicant may be disqualified from taking | 18 |
| firearms instructor
training,
or have his or her
instructor | 19 |
| qualification revoked, if the applicant:
| 20 |
| (A) does not meet the requirements of this Act to | 21 |
| possess a concealed
firearms permit;
| 22 |
| (B) provides false or misleading information on | 23 |
| the application; or
| 24 |
| (C) has had a prior instructor qualification | 25 |
| revoked by the Department.
| 26 |
| (g) The training course to certify firearms instructors and | 27 |
| instructor
trainers shall include:
| 28 |
| (1) Sixteen hours of classroom instruction covering at | 29 |
| least the following
topics:
| 30 |
| (i) by means of a videotape produced or approved by | 31 |
| the Department:
| 32 |
| (A) the requirements for obtaining a concealed | 33 |
| firearms permit in this
State;
| 34 |
| (B) laws relating to firearms as contained in the | 35 |
| Firearm Owners
Identification Card Act, Article
24 of | 36 |
| the Criminal Code of 1961, and 18 U.S.C. 921 through |
|
|
|
HB3987 |
- 17 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| 930;
| 2 |
| (C) laws relating to the justifiable use of force | 3 |
| as contained in Article
7 of the Criminal Code
of 1961;
| 4 |
| (D) the conduct of applicant training courses;
| 5 |
| (E) record-keeping requirements of this Act;
| 6 |
| (F) the basic nomenclature of handguns;
| 7 |
| (G) the basic principles of marksmanship; and
| 8 |
| (H) the safe handling of handguns.
| 9 |
| (2) A classroom demonstration, during which the | 10 |
| instructor candidate shall
receive instruction on
and | 11 |
| demonstrate competency in the ability to prepare and | 12 |
| deliver a classroom
presentation using
materials from the | 13 |
| applicant curriculum.
| 14 |
| (3) Range instruction and firing of live ammunition, | 15 |
| during which the
instructor candidate shall
receive | 16 |
| instruction on and demonstrate competency in the ability | 17 |
| to:
| 18 |
| (i) handle and fire a handgun safely and | 19 |
| accurately;
| 20 |
| (ii) conduct a function test and safety
inspection | 21 |
| of common types of handguns;
| 22 |
| (iii) clean common types of handguns; and
| 23 |
| (iv) supervise and conduct live firing
exercises | 24 |
| in a safe and efficient manner.
| 25 |
| (h) To qualify as a certified firearms instructor or | 26 |
| instructor trainer,
instructor candidates shall achieve:
| 27 |
| (1) a minimum score of 70% on a written examination | 28 |
| covering the material
taught during the
classroom portion | 29 |
| of the course;
| 30 |
| (2) a minimum score of 80% on range firing of a handgun | 31 |
| from the standing
position while aiming
at a B-21 PC | 32 |
| silhouette target or an equivalent as approved by the | 33 |
| Department,
with a minimum
of:
| 34 |
| (i) ten rounds from 7 yards;
| 35 |
| (ii) ten rounds from 15 yards; and
| 36 |
| (iii) a score of "passing" from the
course |
|
|
|
HB3987 |
- 18 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| instructor for demonstrating competency in each of the | 2 |
| following:
| 3 |
| (A) supervising and conducting live fire;
| 4 |
| (B) cleaning and inspecting handguns; and
| 5 |
| (C) preparing and delivering the classroom | 6 |
| lecture.
| 7 |
| (i) Instructor candidates who fail to meet the minimum | 8 |
| requirements of
subsection (g) of this
Section may retake the | 9 |
| examination, range work, or classroom demonstration one
time
| 10 |
| without having to repeat the course.
| 11 |
| (j) Qualified firearms instructor and instructor trainer | 12 |
| certificates shall
be valid for 3 years from
date of issue. | 13 |
| Qualified firearms instructors or instructor trainers may | 14 |
| renew
their certification by
successfully completing a | 15 |
| refresher course offered or approved by the
Department.
| 16 |
| (k) The fees for instructor trainer or refresher courses | 17 |
| shall be $100 per
student.
| 18 |
| (1) The fees for qualified instructor courses shall be | 19 |
| no more than $100
per student. The
instructor trainer shall | 20 |
| remit $50 per student to the Department.
| 21 |
| (2) Fees shall not be refunded to those who do not pass | 22 |
| or otherwise fail
to complete a course.
| 23 |
| (l) Course participants shall provide their own safe, | 24 |
| functional handgun and
factory-loaded
ammunition.
| 25 |
| (m) Prior to conducting range firing, the course instructor | 26 |
| shall:
| 27 |
| (1) inspect each applicant's firearm; and
| 28 |
| (2) not allow the firing of a handgun that is not | 29 |
| in sound mechanical
condition or otherwise may
pose a | 30 |
| safety hazard.
| 31 |
| Section 95. Repeal. This Act is repealed on January 1, | 32 |
| 2010.
| 33 |
| Section 100. Severability. The provisions of this Act are | 34 |
| severable under
Section 1.31
of the Statute on Statutes.
|
|
|
|
HB3987 |
- 19 - |
LRB093 15267 RLC 40867 b |
|
| 1 |
| Section 105. The Firearm Owners Identification Card Act is | 2 |
| amended by
changing
Section 13.1 as follows:
| 3 |
| (430 ILCS 65/13.1)
(from Ch. 38, par. 83-13.1)
| 4 |
| Sec. 13.1. The provisions of any ordinance enacted by any | 5 |
| municipality which
requires registration or imposes greater | 6 |
| restrictions or limitations on the
acquisition, possession and | 7 |
| transfer of firearms than are imposed by this
Act, are not | 8 |
| invalidated or affected by this Act , except that an ordinance | 9 |
| of
a unit of local government, including a home rule unit, is | 10 |
| invalid if it is
inconsistent with the Retired Officers | 11 |
| Security Act. It is declared to be the
policy of this State | 12 |
| that the regulation of the right to carry concealed
firearms is | 13 |
| an exclusive power and function of the State. A home rule unit | 14 |
| may
not regulate the issuance of permits to carry concealed | 15 |
| firearms or the
carrying and transportation of firearms. This | 16 |
| Section is a
denial and limitation of home rule powers and | 17 |
| functions under subsection (h) of
Section 6 of Article VII of | 18 |
| the Illinois Constitution .
| 19 |
| (Source: P.A. 76-1939.)
| 20 |
| Section 999. Effective date. This Act takes effect upon | 21 |
| becoming a
law.
|
|